Bransford Complaint
Bransford Complaint
Bransford Complaint
TAMERA COLLINS
Fern Creek High School
KELLY HINKLE
Fern Creek High School
JANE BRAGG
7732 Third Street Road
Louisville, Ky. 40214
DANA VINSON
-and-
NATE MEYER
Former Principal, Fern Creek High School
AMANDA HERZOG
Open Records Coordinator
3332 Newburg Road
Louisville, Ky. 40218
S.J., a minor
S.G. a minor
c/o her Parents and/or Guardians
4398 Hannah Avenue
Louisville, Ky. 40213 DEFENDANTS
******************
Comes the Plaintiffs, by and through counsel, and for their cause of action; and,
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PARTIES
named party, solely, because he is the person in charge to ensure and maintain a safe
learning environment for the employees under his control; and was in possession of the
High School is a named party, because she is the person in charge to ensure and maintain
and a JCPS classified employee at Fern Creek High School. She is a security officer at
of the video recording and has refused to allow Sharita Bransford to view the tape.
8. That Defendant S.J. is the student who violently assaulted Plaintiff Sharita
Bransford.
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9. That Plaintiff, TERRI DAWSON’S daughter, K.C., a minor, is a student at
10. That Defendant, S.G., is a student at Seneca High School who constantly
School who was advised of the torment that K.C. was going through and has failed to
School who was aware and advised of the torment and hell, K.C. was going through, and
School that was aware and advised of the torment and Hell, K.C. was going through, and
STATEMENT OF FACTS
A. Sharita Bransford
14. That on or about August 28, 2018, in the scope of her duties, Plaintiff
Sharita Bransford entered a classroom at Jeffersontown High School where she could hear
loud and argumentative voices. She called “code 3” to alert the school security that they
were needed immediately. As she entered the classroom, she encountered two (2) female
students arguing, with the teacher in the middle. One student on one side of the room
where she had entered, M.S., and the other student on the other side of the room, S.J.
Plaintiff Bransford tried to deescalate the situation with the student near her, M.S., whom
she had previously spoken to because this student, M.S. has been assigned to Jeffersontown
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from Minor Daniels, an alternative school, after a violent middle school history. Sharita
Bransford finally coaxed M.S. out of the room, and was walking with her toward her
counseling office. The other student, S.J. who should not have left the room, came out of
the room charging at Sharita, from behind, jumped on Sharita’s back and started beating
Sharita beating her about the head, neck and back. The other student, M.S. turned and
started fighting S.J. causing Sharita to fly across the hallway, striking her head on the hall
floor; leaving Sharita dazed on the floor! When she came to, three male students were
protecting her. Security, finally, showed up and were handcuffing both students. Both
students were suspended to the board for six (6) days. The student, M.S. was sent to an
alternative school. Plaintiff has reason to believe that her assailant. S.J. was returned to
suffer from: concussion, post-concussion protocol and then post traumatic stress disorder;
which include anxiety, depression, panic attacks and insomnia, injured left shoulder, lower
back injury, neck injury multiple bruises, headaches; and pain, horrific mental pain, and
suffering.
16. That Plaintiff was intentionally and violently assaulted by Defendant, S.J.;
17. That security failed to come immediately to a code 3, which is the custom
and practice at Jeffersontown High School. That Security failed to respond in a timely
manner to this code 3 adding to the anarchy that exists at Jeffersontown High School!
18. That Sharita has incurred medical bills, horrific pain and suffering
prescription costs, counseling, loss of wages, and/or use of sick days for the injuries.
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19. That all requests for the video of the assault have been refused, including a
request through open records, but we have been advised that the video tape will be
20. That there has been continuous violence at Jeffersontown High School that
has included the fight with the police that caused a student to be tased by the police.
21. That Sharita is disabled American Veteran of the United States Air Force,
loves her job, but requests that she be entitled to work in a safe environment.
22. That the principal, Jarrad Durham, fails to maintain a safe working
23. That the continued failure to maintain a safe working environment caused
the injuries to Plaintiff. Defendant, Jarrad Durham was grossly negligent, negligent per se,
B. Tamera Collins
24. That Plaintiff Tamera Collins is an attendance clerk at Fern Creek High
Schools and had worked for JCPS for approximately twelve (12) years.
25. That on or about September 30, 2014, there was a shooting over the shooter
being given a counterfeit one hundred dollar ($100.00) bill by the student buyer of a stolen
iPad. Other staff members were aware of the counterfeit $100 bills proffered by this same
student at registration, but Plaintiff Tamera Collins “did not need to know,” according to
her supervisors, and was unaware. When the shooter reported to Tamera because he was
tardy, he could have had a loaded gun on his person. Another teacher interceded as said
shooter was shooting, and instead of the intended target, a promising student athlete was
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shot. The buyer, another student at Fern Creek, was found dead in the Fern Creek Park
26. That since that triggering event, Plaintiff, Tamera Collins, has suffered
tension, and post-traumatic stress disorder (PTSD). Because Tamera is also in charge of
submitting reports when weapons are confiscated, the PTSD is activated whenever she
must send in a report about another student suspension with weapons involved.
27. That Fern Creek High School is not secure and wide-open, over capacity,
and on numerous occasions, firearms are confiscated, with the student possessing the gun
being sent back to class, rather than properly reported and/or other action taken.
28. That whenever Tamera has to send in another weapons report, she usually
breaks out in hives and feels the stress. Whenever she is alerted that there is another weapon
was confiscated, but the incident was swept under the proverbial rug, her symptoms are
worse.
29. That on at least one (1) occasion, an intruder entered Fern Creek High
School during normal school hours. This event was also not reported.
30. That a safety plan was presented to the “board” for $5,000.00, which was
denied.
31. That the Defendants, Principal Rebecca Nicolas, Principal Meyer, and other
past principals have failed to maintain a safe environment for Plaintiff, herein and a safe
32. Tammy Collins fears that she will be shot and killed on a daily basis, thus
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33. That the Defendant, Rebecca Nicolas, has violated the Gun-Free School Act
of 1999, and past principals before her. This has been an ongoing problem. The shooting
at Fern Creek High School was foreseeable. And now students with guns, who are
reported, are sent to alternative schools for six (6) weeks; and then returned to all other
high schools in the District without notice that they have previously brought a gun to
school.
34. That the damages of the Plaintiffs, herein, exceed the jurisdictional limit of
the Jefferson Circuit Court. The relief sought grants jurisdiction to the Jefferson Circuit
C. Kelly Hinkle
36. That Kelly has suffered from and been diagnosed with PTSD, depression
and cardiac related stress which causes her to black out at various times. Her lupus is also
37. That the medical problems set out above are related to the unsafe working
38. That Kelly has panic seizures, blood pressure elevates to dangerous levels,
sweats, and even blacks out from the unsafe working environment.
39. That Kelly heads the entire security team as to searches and investigations
for weapons and outside intruders. Kelly is the first responder to constant fights between
students (gang members) and students and faculty. These also are seldom reported. Kelly
investigates social media and any other outside threats such as bomb threats or terrorist
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threats. There is no longer any discipline for students violating school rules in connection
with being in gangs; students possessing marijuana are not sent home.
40. That Kelly has now been placed in the center of the first floor hallway near
the main entrance. Tamera has been placed in a heated closet surrounded by windows.
Both are now totally unprotected and their safety is at a greater risk than it was before.
They are sitting ducks. Both Kelly and Tamera believe they have been retaliated against
41. That students who are suspended and/or referred to alternative school are
then returned to Fern Creek. Some of these students were referred for having weapons,
(including guns, tasers, knives, etc.) and are returned to Fern Creek. Many students
transferred to Fern Creek have had weapon violations at other schools. If a student has had
previous weapon violation, then Fern Creek is their designated school of choice. The
student who shot the other student on the premises on September 30, 2014 was an example
42. By the Grace of God, no one yet has been killed at Fern Creek High School,
but one student the rightful recipient of the Andre Banks’ shooting; Cameron White was
43. All security has been advised that the mass shooting will be triggered by the
fire alarm going off and student and staff will be shot as they exit the building. When the
fire alarm recently went off, it was totally mishandled; and has been mishandled numerous
times thereafter. Kelly, was the only JCPS employee sent to the Regional Chiefs of Police
Institute (RCPI) which was taught by the Federal Bureau of Investigation (FBI); but when
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44. All principals are named because of their position and statutory law, in their
individual capacities.
45. That Plaintiffs will not be protected if they put their hands on a student even
in self defense. No one has their back even if they are being killed! And the students know
this. Plaintiffs can grab a student’s shirt, per SCM, so now the students (especially the
46. That JCPS had made admissions against interest that they do not have to
D. Jane Bragg
47. That Plaintiff, Jane Bragg, was a MSD teacher with JCPS for the last four
years at Coleridge-Taylor Elementary School. Jane has been a teacher for a total of fourteen
(14) years.
Montessori School. She was terminated at the end of the 2017-2018 school year. She was
49. Defendant, Dalton Holt, has been Assistant Principal at all times herein.
50. That in or about May of 2018, Plaintiff Bragg was accused of inappropriate
behavior toward a child in her room. The alleged incident was discussed on or about May
11, 2018 in front of Defendant Thomas, and Defendant Holt. Because of the previous
behavior problems of this child, Principal Thomas basically dismissed them; also because
of Bragg’s clean record. Bragg was ordered to obtain safe crisis management training.
51. That Bragg requested the safe management training from Defendant Holt.
Defendant Holt intentionally denied placing her in the training class; knowing full well she
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was supposed to attend. A student repeatedly kicked, bit and spit Bragg. Holt tore up
Bragg’s referral to safe management crisis and advised her she would get no help and don’t
52. That at the start of the next school year, the investigation of abuse came
back again. All allegations were determined to be unfounded and Bragg was reinstated to
53. That newly appointed Carmichael is now principal, and starts inquiring
what happened. As to the alleged incident, Bragg was already cleared of all allegations.
But Bragg is delayed another week before returning to class. Bragg starts in the classroom
54. Defendant, Carmichael, then advised Bragg that she no longer had control
over her assistants. Now Principal Carmichael has created a hostile work environment full
of stress and tension. In or about mid October 2018, Defendants, Carmichael and Holt
being able to listen, “chewed out” Bragg in front of students walking by and in class
because the discussion was in the hallway, Plaintiff Bragg was being bullied and verbally
55. On or about November 14, 2018; Plaintiff Bragg overheard Carmichael tell
a custodian to get rid of the couches Bragg had in her room the entire time; that afternoon,
56. That on or about November 15, 2018, due to icy weather, and electricity
being out, she was unable to come in timely. Although Bragg notified Carmichael, said
Defendant continued the harassment by advising Bragg she would be docked for the day.
This verbal attack continued even with Bragg being five minutes away.
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57. That at the end of the same day, Holt confronted Bragg with the students
in the room; and demanded testing material for the alternate assessment, and seating charts
for the students; and other material. Defendant, Carmichael came in and told Holt like she
wasn’t there and advised Holt there were new allegations. Bragg was advised that she
could not defend herself. There would be no support, presumably even if when was being
killed.
58. That Bragg never returned to the school. Said Plaintiff took sick days, and
leave under the Family Emergency Medical Leave Act (FEMLA) was approved. The
physical and verbal treatment by Defendants Holt and Carmichael triggered PTSD and
59. That based upon the hostile work environment, no aides, no help from
Defendants, Holt and Carmichael, Bragg’s PTSD was triggered into a full blown
occurrence, and she suffered damages, mental anguish; and, pain, and suffering.
60. That all Plaintiffs request that they be protected from retaliation and upon
E. Dana Vinson
61. That Plaintiff, Dana Vinson, was a MSD teacher with JCPS for the last nine
(9) years at Coleridge-Taylor Elementary School. Dana has been a teacher for a total of
was terminated at the end of the 2017-2018 school year. She was replaced by Dr. Marcia
Carmichael-Murphy.
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63. Defendant, Dalton Holt, has been Assistant Principal at all times herein at
Coleridge-Taylor.
64. That on or about October 17, 2018, Dana was physically assaulted in front
of Principal Carmichael. Dana then hugged the child that just assaulted her, until she
calmed down. Ice was brought for Dana’s face. Dana took absences for her swollen face
65. Defendant Holt was present finally after C.B. had run all over the school.
Defendant Holt stated Dana was responsible for this child and needed a plan, even though
there was a plan on file. Dana had signed up for safe crisis management last May, but
Defendant Holt picked out ten (10) to go and intentionally excluded Dana Vinson.
66. When Dana returned on October 19, 2018, C.B. was already out of control
on the bus. Dana helped remove C.B. from the bus, harness and all. C.B. then decided she
would run around the school with Dana in tow; and C.B. was also trying to escape through
the doors. That C.B. bolted into an empty classroom and C.B. began assaulting Dana
again trying to escape from the classroom. Defendant Holt did nothing and by doing
nothing knew or should have known that Dana was being assaulted again, when he and
67. Defendant Holt was present finally after C.B. had run all over the school.
Defendant Holt stated Dana was responsible for this child and needed a plan, even though
a plan on file. A crisis management plan was not on file. Dana had signed up for safe crisis
management last May, but Defendant Holt picked out ten to go and intentionally excluded
Dana Vinson. Therefore intentionally denying her the ability to write a plan per crisis
management instruction.
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68. That as a result of the assault, Dana suffered bruises, severe headaches,
severe back trauma, and incurred medical bills, prescription medicines; and triggered
PTSD which was dormant; and mental anguish. Said assaults have triggered the PTSD
69. That Dana was without two (2) assistants for the last two (2) years,
especially, violating her contract and because of that there was less control in her
classroom. Because Dana voiced her complaints about the foregoing, she was retaliated
70. Leave pursuant to the FEMLA was approved for Dana until December 1,
2018; and then Dana’s therapist and Cheryl Denzik, her nurse practitioner, recommended
72. That the proximate cause of her stress, tension, anxiety, all diagnosed as
PTSD; was the unsafe working conditions at Coleridge-Taylor; which caused her to take
early retirement.
F. K.C., a Minor
73. That K.C. is a Junior at Seneca High School. That on or about November 7,
2018, K.C. had to defend herself against Defendant S.G. who hit K.C. first. K.C. was
74. K.C. has reason to believe that S.G. had a history of other assaultive
behavior, and Defendants at Seneca High School knew or should have known of her
dangerous propensities. That K.C. has reason to believe that S.G. is a member of a gang.
75. That since that time, K.C. has been the victim of:
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a. Verbal bullying and harassment, battery and stalking;
b. the gang has intentionally sat close to K.C. when possible in order to
for JCPS that she would be protected K.C. returned to school and on the
school bus away from Seneca, the gang now using K’s first name
obscenities at K.C. The bus driver was aware of the taunts but does
76. That on the same day, prior to the bus incident, Defendant, Fussnecker, told
K.C. to stop by the office after seeing her in the lunchroom. Defendant Fussnecker failed
to move one of the gang who was sitting in close proximity to K.C. solely in order to
intimidate K.C. That K.C. asks that the video for February 8th, 2019 on the bus ride home
the video in Court and same be preserved by this Honorable Court under seal during the
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77. That Defendant Fussnecker retaliated against K.C. a known plaintiff and
witness in a civil proceeding, asking K.C. why K.C. did not come to her about the problems.
Defendant, Fussnecker, admitted that she was aware of letters (documents) sent in K.C’s
behalf and Fussnecker was not happy about it. She still did nothing to protect K.C. the rest
78. That the proximate cause of K.C.’s injuries are by the bullying, harassment
and stalking by S.G. and her gang/friends and the three Defendants from Seneca: Morales,
Fussnecker, and Guy failing to stop it pursuant to the rules and regulations and the JCPD
79. That all Plaintiffs request that they be protected from retaliation and upon
80. That all of the damages herein exceed the jurisdictional limit of the
Jefferson Circuit Court; and, that this Honorable Court has jurisdiction of the injunctive
KELLY HINKLE, JANE BRAGG, DANA VINSON, and K.C. by and through her Mother
A. A Declaration of Rights that all staff, classified and certified, and students
are entitled to a safe working and learning environment in the Jefferson County Public
Schools.
negligence, careless and reckless which was the proximate cause of damages to Plaintiff,
Sharita Bransford.
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C. Damages against S.J. for the battery caused to Plaintiff Sharita Bransford.
D. Damages against the Defendant, Rebecca Nicolas, for the injuries suffered
gross negligence, careless and reckless behavior which was the proximate cause of all
H. That Plaintiffs reserve the right to move the Court for immediate injunctive
bus from Seneca on February 8, 2019 preserve the video and/or be ordered to produce said
video at Court; and this Honorable Court place said video under seal, during the pendency
of this action.
under her direction and control bullying, harassing, stalking and assaultive behavior as to
K.C.
Morales and Guy for failing to protect K.C. and damages against Defendant Fussmecker
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L. That if K.C. remains at Seneca, a temporary and permanent injunction
keeping S.G. and her friends, associates and/or gang members five hundred feet away from
K.C.
M. Any and all other relief to which the Plaintiffs’ may appear entitled
Respectfully submitted,
TEDDY B. GORDON
ANDREW E. MIZE
PETER JANNACE
807 West Market Street
Louisville, Kentucky 40202
(502) 585-3534 (telephone)
(502) 585-3539 (facsimile)
Counsel for Plaintiffs,
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Plaintiffs, TAMERA COLLINS and KELLY HINKLE states that they have read
the allegations of the foregoing Complaint, and the statements contained herein are true
TAMERA COLLINS
KELLY HINKLE
My commission expires:
Plaintiff, JANE BRAGG states that she has read the allegations of the foregoing
Complaint, and the statements contained herein are true and correct as she verily believes.
JANE BRAGG
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Plaintiff, DANA VINSON states that she has read the allegations of the foregoing
Complaint, and the statements contained herein are true and correct as she verily believes.
DANA VINSON
Plaintiff, TERRI DAWSON, as Mother and Next Friend of K.C., states that she has
read the allegations of the foregoing Complaint, and the statements contained herein are
TERRI DAWSON
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