Judge takes school district lawsuit under advisement
Published 12:02 am Tuesday, March 8, 2016
NATCHEZ — Sixth District Circuit Court Judge Forrest “Al” Johnson decided Monday to take the latest Natchez-Adams School District lawsuit under advisement for 14 days.
Former Natchez High School Principal Regina McCoy, who was not present, had counsel bring her case before the court. McCoy claims she left her job in the district after facing an unfair demotion.
McCoy alleges she was told she would not be rehired as an administrator based on the anticipation of a failing grade coming back for Natchez High School. She was instead offered a teaching position.
When the test scores were released later in the 2013-14 school year, NHS had surpassed the prediction and improved.
McCoy, who is now principal of Wilkinson County Elementary School, is suing the Natchez-Adams District and Superintendent Frederick Hill for wrongful termination, fraudulent misrepresentation, malicious interference with employment, intentional infliction of emotional distress and negligence.
Johnson said Monday he was considering was merely the legal question of could McCoy sue in circuit court, so specifics surrounding her dismissal were not emphasized.
Counsel for the district Tucker Mitchell argued the case should be dismissed, as McCoy did not pursue all of her administrative remedies before filing this lawsuit.
Mitchell said after McCoy appeared for due process before the school board, which upheld the decision, an appeal should have been filed with the chancery court. Mitchell also argued that she was not fired, but rather her contract was not renewed.
William Ivison, attorney for McCoy, said a contract not being renewed is similar to termination.
“We would contend that a non-renewal is a discharge,” he said. “It is a different way of someone losing their job.”
Johnson asked Ivison if every teacher in the state could file a direct action in circuit court after not having his or her contract renewed?
“If someone gets non-renewed for not a good reason, then maybe they can,” Ivison said. “Many who get non-renewed are for a good and valid reason. In this case, we contend that it was not for a valid reason.”
Ivison said the appeal process mentioned by Mitchell is for reinstatement, not for damages, which is what McCoy seeks. A case such as this might ultimately have to go all the way to the state’s supreme court, and then the issue of statute of limitations comes up, Ivison said.
“Once she failed to take it all the way up, it’s just over,” Mitchell said. “It seems clear to me that circuit court has no jurisdiction here.”
Ivison said he thinks the law is clear for his argument.
“You can only seek reinstatement through these procedures,” he said. “There are no set procedures for trying to assert any of the types of claims we have in this case.”
Johnson said he would make a decision within 14 days.
McCoy’s lawsuit is nearly identical to one filed by another former NHS assistant principal, Shannon Doughty.
Doughty is now an assistant principal in the Gulfport School District. Her lawsuit is awaiting action in court.
The lawsuits were preceded by a federal lawsuit by former Natchez-Adams principal Cindy Idom, who along with wrongful termination successfully argued to a federal court her white race was a factor in her forced retirement from the district.
Idom was ultimately awarded $668,000 in back pay, damages and legal fees. The school district has since asked the court to consider lowering the damages, tossing the judgment or ordering a new trial.
The McCoy and Doughty cases do not claim a racial component.