Claims Against Controversial School Teacher Continue After Summary Judgment Motion Is Denied

In Doe v. Mount Vernon City School District Board of Education, (SD OH, April 6, 2010), an Ohio federal district court ruled on several summary judgment motions in the lawsuit against controversial middle school science teacher John Freshwater by one of his students. The lawsuit alleged violations of the Establishment Clause. Four copies of the Ten Commandments were posted in Freshwater's classroom. He kept his personal Bible on his desk, and a box of Bibles were stored in the back of the classroom for use by the school's Fellowship of Christian Athletes. Freshwater was the faculty advisor to FCA. The student also alleged a battery growing out of an experiment with a Tesla coil which allegedly left a mark on his arm in the shape of a Christian cross. The court denied plaintiff summary judgment on these claims, finding there were genuine issues of fact as to whether the Establishment Clause was violated and as to whether the Tesla coil experiment constituted a battery. However the court dismissed Freshwater's counterclaims for defamation and intentional infliction of emotional distress. Yesterday's Mt. Vernon (OH) News reported on the decision. (See prior related posting.)