IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE JEREMY BURGESS and KELLY BURGESS, individually and as next friends of C.B., a minor child, Plaintiffs, v. KNOX COUNTY SCHOOLS, RICHARD WARD, in his individual capacity, and SUSAN E. PETERSON, in her indiviual capacity, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) No.: 3:12-cv-00557 PHILLIPS/SHIRLEY ANSWER OF DEFENDANT SUSAN E. PETERSON, IN HER INDIVIDUAL CAPACITY Defendant Susan E. Peterson, in her individual capacity, answers plaintiffs' complaint as follows: 1. The allegations of paragraph one are admitted. 2. The allegations of paragraph two are admitted. 3. No answer is required of this defendant to the allegations of paragraph three, and none is given. 4. The allegations of paragraph four are admitted. 5. It is acknowledged that, as to certain claims, the Circuit Court of Knox County, Tennessee had jurisdiction; but, it is asserted that as to the federal claims the United States District Court for the Eastern District of Tennessee, at Knoxville, has jurisdiction and the right to exercise jurisdiction over the supplemental state law claims. Case 3:12-cv-00557 Document 2 Filed 10/31/12 Page 1 of 7 PageID #: 26 6. It is asserted that venue is proper in the United States District Court for the Eastern District of Tennessee, at Knoxville. 7. The allegations of paragraph seven are admitted. 8. The allegations in the first sentence of paragraph eight are admitted. With respect to the second sentence in paragraph eight, the records will reflect when CB began having grand mal seizures at school; thus, at this time, Ms. Peterson is without sufficient information to form a belief as to the onset of the grand mal seizures at school or at home. 9. The allegations in the first sentence of paragraph nine are admitted, and it is admitted that CB was covered by an IEP and that additional personnel were assigned to the class because of the needs of the students. The remaining allegations of paragraph nine are denied as stated. 10. Ms. Peterson admits that as a reasonably prudent teacher under the circumstances, she is expected to educate and, together with other educational professionals and assistants, provide for CB's protection and educational needs while at school, as a reasonably prudent teacher under the circumstances. It is also admitted that CB was challenged with respect to oral communication. With respect to the remaining allegations in paragraph ten, Ms. Peterson is without sufficient information to form a belief as to the truth of the matters asserted. 11. It is admitted that on one occasion, CB was taken by ambulance from school to the hospital in connection with a grand mal seizure. With respect to the onset of grand mal seizures at school, the records will reflect when CB began having grand mal seizures at school, and at this time, Ms. Peterson is without sufficient information to form a belief as to the onset of the grand mal seizures at school. With respect to the remaining allegations in paragraph eleven, Ms. Peterson is without sufficient information to form a belief as to the truth of the matters asserted. 2 Case 3:12-cv-00557 Document 2 Filed 10/31/12 Page 2 of 7 PageID #: 27 12. It is admitted that on May 3, 2012, CB was buckled in a special needs chair in Ms. Peterson's classroom. It is also admitted that a teaching assistant brought Ms. Peterson a cup of coffee for her birthday. It is acknowledged that CB's chair was accidently tipped over as Ms. Peterson was responding to an emergency situation. CB was not hurt. The remaining allegations of paragraph twelve are denied. 13. The allegations of paragraph thirteen are denied because they are untrue. 14. The allegations of paragraph fourteen are denied because they are untrue. 15. The events, as described by plaintiffs, are denied, and thus it is denied that there are witnesses to the events as described by plaintiffs. It is further denied that there was an assault. With respect to the remaining allegations of paragraph fifteen regarding the actions of Mr. Ward, no answer is required of Ms. Peterson. 16. It is denied that there was prior aggressive behavior by Ms. Peterson, and thus it is denied that Mr. Ward would have prior knowledge of such. The remaining allegations of paragraph sixteen are denied. 17. There was no unprovoked assault, or any assault, by Ms. Peterson on CB, thus, there was no need to protect CB from future assaults. With respect to the remaining allegations of paragraph seventeen regarding the actions of Mr. Ward, no answer is required of Ms. Peterson. 18. It is admitted that CB came to school on May 4, 2012. CB had no injuries. Plaintiffs' characterization of Ms. Peterson's actions of May 3, 2012 is denied. The remaining allegations in paragraph eighteen are denied. For further answer, it is asserted that after a full investigation, DCS concluded that the allegations against Ms. Peterson were unfounded. 19. It is admitted that CB ran to and into Ms. Peterson in the bathroom and fell down. CB was not hurt. The remaining allegations of paragraph nineteen are denied. 3 Case 3:12-cv-00557 Document 2 Filed 10/31/12 Page 3 of 7 PageID #: 28 20. For answer to paragraph twenty, there was no second assault, and thus it is denied that a second assault was observed. It is unknown what was reported to Mr. Ward. 21. Ms. Peterson did not assault CB. No answer is required of Ms. Peterson with respect to the remaining allegations of paragraph twenty-one. 22. Ms. Peterson did not attack CB. No answer is required of Ms. Peterson with respect to the remaining allegations of paragraph twenty-two. 23. Ms. Peterson did not assault CB. With respect to the remaining allegations of paragraph twenty-three, Ms. Peterson is without sufficient information to form a belief about what Mr. Ward said to the plaintiffs. 24. Ms. Peterson did not assault CB. The remaining allegations of paragraph twenty- four are denied. 25. Ms. Peterson did not assault CB. With respect to the remaining allegations of paragraph twenty-five, Ms. Peterson is without sufficient information about what Mr. Ward said to the plaintiffs and is without sufficient information to form a belief about what plaintiffs were told by others. 26. Ms. Peterson did not assault CB. The allegations of paragraph twenty-six are denied because they are untrue. 27. Ms. Peterson did not assault CB. Ms. Peterson is without sufficient information to form a belief about a diagnosis of PTSD. The remaining allegations of paragraph twentyseven are denied. 28. For answer to paragraph twenty-eight, Ms. Peterson adopts by reference her answers to paragraphs 7 through 27. 29. The allegations of paragraph twenty-nine are denied because they are untrue. 30. The allegations of paragraph thirty are denied because they are untrue. 4 Case 3:12-cv-00557 Document 2 Filed 10/31/12 Page 4 of 7 PageID #: 29 31. The allegations of paragraph thirty-one are denied because they are untrue. 32. The allegations of paragraph thirty-two are denied because they are untrue. 33. The allegations of paragraph thirty-three are denied because they are untrue. 34. For answer to paragraph thirty-four, Ms. Peterson adopts by reference her answers to paragraphs 7 through 33. 35. The allegations of paragraph thirty-five are denied because they are untrue. 36. For answer to paragraph thirty-six, Ms. Peterson adopts by reference her answers to paragraphs 7 through 35. 37. The allegations of paragraph thirty-seven are denied because they are untrue. 38. For answer to paragraph thirty-eight, Ms. Peterson adopts by reference her answers to paragraphs 7 through 37. 39. The allegations of paragraph thirty-nine are denied because they are untrue. 40. No answer is required of Ms. Peterson to paragraphs 40 through 54. To the extent an answer is required, Ms. Peterson adopts by reference her answers to paragraphs 7 through 39. 41. For answer to paragraph 55, Ms. Peterson adopts by reference her answers to paragraphs 7 through 54. 42. For answer to paragraph 56, the allegations are denied because they are untrue. 43. For answer to paragraph 57, the allegations are denied because they are untrue. 44. Plaintiffs are not entitled to any damages or relief from Ms. Peterson. 45. To the extent that an allegation has not been answered, it is denied. 46. Plaintiffs have failed to state a claim for which relief can be granted. 47. After a full investigation, DCS concluded that the allegations against Ms. Peterson were unfounded. 48. In the alternative, Ms. Peterson is entitled to qualified immunity. 5 Case 3:12-cv-00557 Document 2 Filed 10/31/12 Page 5 of 7 PageID #: 30 49. In the alternative, Ms. Peterson is entitled to immunity under Tenn. Code Ann. ? 29-20-101, et seq. 50. Tipping CB over in her chair was an accident. 51. CB falling down in the bathroom was an accident. 52. Because of her circumstances, when CB was sitting in the classroom it was expected that she would be buckled in her chair. 53. Because of her circumstances, when CB was running, CB would fall down from time to time. 54. Ms. Peterson requests a jury trial. 55. Ms. Peterson reserves the right under the Federal Rules of Civil Procedure to seek leave of this Honorable Court to amend her answer upon the discovery of evidence. s/ Mary Ann Stackhouse Mary Ann Stackhouse (BPR #017210) mstackhouse@lewisking.com LEWIS, KING, KRIEG & WALDROP, P.C. One Centre Square, Fifth Floor 620 Market Street P.O. Box 2425 Knoxville, TN 37901 (865) 546-4646 Attorneys for Defendant Susan E. Peterson in her individual capacity 6 Case 3:12-cv-00557 Document 2 Filed 10/31/12 Page 6 of 7 PageID #: 31 CERTIFICATE OF SERVICE I hereby certify that on this the 31st day of October, 2012, a copy of the foregoing Answer was filed electronically. 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 U.S. mail. Parties may access this filing through the Court's electronic filing system. Jesse D. Nelson Law Office of Jesse D. Nelson, PLLC P.O. Box 22685 Knoxville, TN 37933 David Buuck Chief Deputy Law Director Knox County Law Director's Office City-County Building, Suite 612 400 Main Avenue Knoxville, TN 37902 s/ Mary Ann Stackhouse Mary Ann Stackhouse (BPR #017210) 7 Case 3:12-cv-00557 Document 2 Filed 10/31/12 Page 7 of 7 PageID #: 32