Knox County Board of Education Demands Jury Trial Over Mask Mandate
Knox County Board of Education Demands Jury Trial Over Mask Mandate
Knox County Board of Education Demands Jury Trial Over Mask Mandate
M.B., et al., )
)
Plaintiff, )
)
v. ) No. 3:21-CV-317
) Jury Trial Demanded.
)
GOVERNOR BILL LEE, et al. )
)
Defendant. )
Comes Now Defendant Knox County Board of Education (“KCBOE”), by and through
counsel, and hereby moves answers Plaintiffs’ First Amended Verified Complaint (“Complaint”)
I.
GENERAL DEFENSES
1. Plaintiffs’ Complaint should be dismissed for failure to state a claim upon which
2. At all times material hereto, KCBOE and their agents, employees, and officers
acted properly, prudently, correctly, in good faith, and in accordance with both state and federal
law.
3. KCBOE are immune by virtue of the doctrines of common law immunity, qualified
immunity, qualified good faith immunity, sovereign immunity, and governmental immunity, as
to this litigation: those disabled students, staff, and visitors whose disability prevent them from
wearing a mask or face coverings while in school; and those students, staff, and visitors who
genuinely believe and argue that they have a constitutionally protected liberty interest in not
5. Neither KCBOE nor any Knox County agents, employees, or officers violated any
of Plaintiffs’ rights pursuant to the Constitution of the United States, the Americans with
Disabilities Act (“ADA”) or Section 504 of the Rehabilitation act of 1973 (“Sec. 504” or “§ 504”).
6. No policy, custom or practice of Knox County was the moving force behind the
7. One or more Plaintiffs lack standing to bring this action. S.B. attends school
virtually only, and therefore lacks standing to bring this suit. M.S. is homeschooled, and therefore
lacks standing to bring this suit. T.W. and M.K. are full-time students at their respective schools,
have not been denied services, and therefore lack standing to pursue claims under the ADA or Sec.
504.
8. KCBOE would adopt the defenses raised by Governor Lee that Plaintiffs’ claims
necessarily arise under the Individuals with Disabilities Education Act (“IDEA”), and because
Plaintiffs have not pursued administrative remedies, their claims are not ripe and not justiciable.
9. Plaintiffs fail to establish the elements necessary to establish a class for certification
1
KCBOE does not take the position that such individuals have the claimed liberty interest; however, KCBOE
acknowledges that many people assert such interest, and that they may be necessary parties to this litigation.
U.S.C. § 1983, this Court should allow Knox County to recover from Plaintiffs its reasonable
11. Pursuant to City of Los Angeles v. Heller, 475 U.S. 796 (1986), Knox County may
not be held liable under 42 U.S.C. § 1983 without a finding of an underlying civil rights violation
12. Plaintiffs are not entitled to recover any damages against KCBOE for any amounts,
II.
In answer to the specific factual allegations of the Complaint, as set forth in numbered
Complaint are admitted. However, S.B. only attends school virtually, and not in person.
Complaint are admitted. However, M.S. is currently homeschooled, and does not attend any Knox
10. Upon information and belief, the allegations of Paragraph No. 10 of Plaintiffs’
11. Upon information and belief, the allegations of Paragraph No. 11 of Plaintiffs’
12. Upon information and belief, the allegations of Paragraph No. 12 of Plaintiffs’
14. To the extent that an answer to Paragraph No. 14 of the Complaint is required of
this Defendant, the allegations of Paragraph No. 14 of Plaintiffs’ Complaint are admitted.
15. To the extent that an answer to Paragraph No. 15 of the Complaint is required of
this Defendant, the allegations of Paragraph No. 15 of Plaintiffs’ Complaint are admitted.
16. The allegations of Paragraph No. 16 of Plaintiffs’ Complaint are admitted as of the
time Plaintiffs’ Complaint was filed. The physical location of the office of the Director of Schools
17. The allegations of Paragraph No. 17 are denied as written. Such allegations are
admitted, however, with the presumption that “28 U.S.C. §2022” is a typographical error for
“2202.”
19. Upon information and belief, the allegations of Paragraph No. 19 of Plaintiffs’
20. It is admitted that S.B. is zoned for Cedar Bluff Elementary School, and that he
currently attends school virtually. KCBOE is without knowledge or information sufficient to form
a belief regarding the truthfulness of the remaining allegations of Paragraph No. 20 of Plaintiffs’
Complaint.
the truthfulness of the allegations of Paragraph No. 21 of Plaintiffs’ Complaint, and strict proof
thereof is demanded.
22. Upon information and belief, the allegations of Paragraph No. 22 of Plaintiffs’
23. It is admitted that M.S. is zoned for West Valley Middle School, and that she is
Complaint.
the truthfulness of the allegations of Paragraph No. 24 of Plaintiffs’ Complaint, and strict proof
thereof is demanded.
25. Upon information and belief, the allegations of Paragraph No. 25 of Plaintiffs’
the truthfulness of the allegations of Paragraph No. 26 of Plaintiffs’ Complaint, and strict proof
thereof is demanded.
27. Upon information and belief, the allegations of Paragraph No. 27 of Plaintiffs’
the truthfulness of the allegations of Paragraph No. 28 of Plaintiffs’ Complaint, and strict proof
thereof is demanded.
the truthfulness of the allegations of Paragraph No. 29 of Plaintiffs’ Complaint, and strict proof
thereof is demanded.
the truthfulness of the allegations of Paragraph No. 31 of Plaintiffs’ Complaint, and strict proof
thereof is demanded.
the truthfulness of the allegations of Paragraph No. 32 of Plaintiffs’ Complaint, and strict proof
thereof is demanded.
the truthfulness of the allegations of Paragraph No. 33 of Plaintiffs’ Complaint, and strict proof
thereof is demanded.
the truthfulness of the allegations of Paragraph No. 34 of Plaintiffs’ Complaint, and strict proof
thereof is demanded.
35. The allegations of Paragraph No. 35 regarding the availability of vaccines for
children under the age of 12 are denied. KCBOE is without knowledge or information sufficient
to form a belief regarding the truthfulness of the remaining allegations of Paragraph No. 35 of
36. It is admitted that the Knox County school system (“Knox County Schools,” or
“KCS”) enrolls students with a variety of health conditions. The Plaintiffs, with the exception of
M.S., are enrolled as KCS students. It is denied that M.S. is enrolled as a KCS student.
37. The allegations of Paragraph No. 37 regarding the availability of vaccines for S.B.,
T.W., and M.K. are denied. It is admitted upon information and belief that a variety of mitigation
strategies can be used to reduce the risk of individuals’ contracting COVID-19. These mitigation
strategies include, but aren’t limited to masking and social distancing. Furthermore, KCBOE
would aver that masking and social distancing do not provide a completely risk-free environment
to the contraction of COVID-19. Such strategies merely reduce the risk of contraction of the
disease. KCBOE is without knowledge or information sufficient to form a belief regarding the
truthfulness of the remaining allegations of Paragraph No. 37 of Plaintiffs’ Complaint, and strict
a belief regarding the truthfulness of the allegations of Paragraph No. 38 of Plaintiffs’ Complaint,
39. It is admitted that current research shows that masks are effective at reducing the
a belief regarding the truthfulness of the allegations of Paragraph No. 39 of Plaintiffs’ Complaint,
40. It is denied that the masking of others is a “reasonable modification” under the
ADA or a “reasonable accommodation” under Sec. 504 for, inter alia, the reasons set forth in
Supplemental Authority, Doc. 28; Motion to Alter or Amend, Doc. 36; Amended and Restated
Motion to Alter or Amend, Doc. 40; and Motion to Stay Injunction Pending Appeal, Doc. 43.
KCBOE is without knowledge or information sufficient to form a belief regarding the truthfulness
of the remaining allegations of Paragraph No. 40 of Plaintiffs’ Complaint, and strict proof thereof
is demanded.
41. It is admitted that current research shows that masks are effective at reducing the
a belief regarding the truthfulness of the allegations of Paragraph No. 41 of Plaintiffs’ Complaint,
42. It is admitted that current research shows that masks are effective at reducing the
a belief regarding the truthfulness of the allegations of Paragraph No. 42 of Plaintiffs’ Complaint,
Furthermore, a universal mask mandate is impossible to enact without violating the rights of other
language from the cited opinion of the Tennessee Attorney General. However, KCBOE would
aver that since the issuance of such opinion, the authority of the six metropolitan health
language from the cited opinion of the Tennessee Attorney General. KCBOE is without
knowledge or information sufficient to form a belief regarding the truthfulness of the assertions
language from the cited opinion of the Tennessee Attorney General. KCBOE is without
knowledge or information sufficient to form a belief regarding the truthfulness of the assertions
46. The allegations of Paragraph No. 46 are denied as written. It is admitted that
Paragraph No. 46 of Plaintiffs’ Complaint contains accurate quotations of the cited materials and
information. However, as of the date of this Answer, the substantive allegations of such paragraph
are denied. As of November 8, 2021, fewer than ten (10) new cases of COVID-19 had been
reported per day in the previous week among 5- to 17-year-olds in Knox County.2 Furthermore,
for the period of November 3 – 8, 2021, the KCS Covid Dashboard reports approximately 50 active
2
https://covid.knoxcountytn.gov/case-count.html, last accessed 11/8/2021.
new cases per day in Knox County has been steadily declining since mid-September of 2021.4
47. It is admitted that Governor Lee issued Executive Order (“EO”) 84 on or about
August 16, 2021, which permitted parents to “opt out” of a mask mandate imposed by a Local
Education Agency (“LEA”—KCBOE is the LEA for Knox County, Tennessee). KCBOE is
without knowledge or information sufficient to form a belief regarding the truthfulness of the
48. The allegations of Paragraph No. 48 appear to consist entirely of argument and are
furthermore directed at Codefendant Lee. To the extent an answer is required of KCBOE, KCBOE
would state that is without knowledge or information sufficient to form a belief regarding the
49. The allegations of Paragraph No. 49 appear to consist entirely of argument and are
furthermore directed at Codefendant Lee. To the extent an answer is required of KCBOE, KCBOE
would state that is without knowledge or information sufficient to form a belief regarding the
53. The allegations of Paragraph No. 53 of Plaintiffs’ Complaint are denied as written
3
https://www.knoxschools.org/covid, last accessed 11/8/2021.
4
https://covid.knoxcountytn.gov/case-count.html, last accessed 11/8/2021.
10
57. It is denied that Plaintiffs are entitled to establish a class for certification pursuant
58. It is denied that Plaintiffs are entitled to establish a class for certification pursuant
likewise adopted.
65. It is admitted that Paragraph No. 65 contains an accurate quotation of the law. It is
66. It is admitted that Paragraph No. 66 contains an accurate summary of the law. It is
67. It is admitted that Paragraph No. 67 contains an accurate quotation of the law. It is
the extent an answer is required of KCBOE, KCBOE would state that is without knowledge or
11
69. It is admitted that Paragraph No. 69 contains an accurate summary of the law. It is
71. The allegations of the Second ¶43 are admitted as to Plaintiffs. KCBOE would
deny that Plaintiffs are entitled to establish a class for certification pursuant to Fed. R. Civ. P. 23.
72. The allegations of the Second ¶44 are admitted as to Plaintiffs. KCBOE would
deny that Plaintiffs are entitled to establish a class for certification pursuant to Fed. R. Civ. P. 23.
73. The allegations of the Second ¶45 appear to be directed at Codefendant Lee. To
the extent an answer is required of KCBOE, KCBOE would state that is without knowledge or
information sufficient to form a belief regarding the truthfulness of such allegations of and would
74. The allegations of the Second ¶46, including its sub-parts, are denied.
75. It is denied that the Plaintiffs are entitled to the relief requested in the Second ¶47.
76. It is denied that the Plaintiffs are entitled to the relief requested in the Second ¶48.
77. It is denied that the Plaintiffs are entitled to the relief requested in the Second ¶49.
78. It is denied that the Plaintiffs are entitled to the relief requested in the Second ¶50.
79. It is denied that the Plaintiffs are entitled to the relief requested in the Second ¶51.
WHEREFORE, having fully answered, KCBOE asks the Court for dismissal of this lawsuit
with prejudice, for attorney fees as provided by law, and for costs. KCBOE demands a jury trial
in this action.
12
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing was filed electronically on the date recorded
by the Court’s electronic filing system. Notice of this filing will be sent by operation of the Court’s
electronic filing system to all parties indicated on the electronic filing receipt. All other parties
will be served by regular United States Mail, postage prepaid. Parties may access this filing
through the Court’s electronic filing system.
s/David M. Sanders
David M. Sanders
13