UA settles lawsuit pledging resources, policy changes for sexual assault victims
The University of Alabama has reached a settlement agreement in a lawsuit filed on behalf of Megan Rondini, a former student who killed herself after reporting a sexual assault as a student. The University, along with Megan’s parents Michael and Cindy Rondini, issued a statement Tuesday announcing the settlement. Going forward, the university announced they will continue to work to eliminate sexual misconduct, and in the event it does occur, provide support to the victims and hold the perpetrators accountable. Per the settlement, in Megan Rondini’s honor, the University is undertaking the following: The University has committed $250,000 to the Tuscaloosa SAFE Center, Inc. to provide facilities and services to aid and support victims of sexual assault. Additionally, University representatives are taking a key role in supporting the Tuscaloosa SAFE Center and building strong partnerships that will ensure its success. The University currently has several programs to address issues associated with sexual misconduct. The University regularly assesses the programs and efforts in place to eliminate sexual misconduct from the campus community and to provide assistance to those who may be affected by alleged sexual misconduct. In furtherance of that, the University is committing an additional $150,000 by the end of 2019 to continue its efforts to add personnel to its team of employees dedicated to addressing issues associated with sexual misconduct. The University is continually exploring new strategies and innovative technology that will enhance reporting systems and provide important data to the University so that it can better understand campus trends related to sexual misconduct. Over the next five years, the University will contribute a total of $50,000 in a scholarship named after Megan Rondini. The scholarship will give preference to students focusing their studies at the University on biological sciences, veterinary studies, and/or STEM/MBA and a desire to promote gender equity in those fields. The University will posthumously award Megan Rondini a magna cum laude B.S. degree with an accompanying certificate from the University’s Honors College dated May 2018. The lawsuit is still pending and will proceed against T.J. Bunn and two investigators.
Alabama Education Association files lawsuit to block sale of Georgia Washington Middle School
The Alabama Education Association (AEA) has filed a lawsuit on behalf of three Montgomery Public Schools (MPS) employees aimed at halting the sale of Georgia Washington Middle School to the neighboring Pike Road school system. AEA filed the lawsuit on Friday — against interim State Superintendent Dr. Ed Richardson, Pike Road Mayor Gordon Stone and Chief Administrative Officer Reginald Eggleston — claims does not have the legal authority to sell the school and questions whether or not the sale is a conflict of interest for Richardson who was previously involved with Pike Road Schools as executive director of the Pike Road Leadership Council. The lawsuit requests a temporary halt of the sale until the legality of Richardson’s involvement in the sale is resolved. Richardson issued a statement in response to the suit explaining his only concern is the children of Montgomery County. “My concern is now, and has always been, the children of Montgomery County. My resolve is to make sure the students who attend Montgomery Public schools get a quality education. The student achievement in Montgomery’s non-magnet schools are some of the lowest in the state,” said Richardson. He continued, “In more than 50 years of education experience, and having been involved in numerous school interventions all across this state, I have never witnessed this kind of dismal student achievement. It is wrong, deceptive, and dishonest to sit by and continue to watch young people, who are full of potential, graduate from high school with reading and math scores that are unacceptable and don’t even approach Alabama’s average – much less other states. My primary concern is the proper education of children – not inconveniencing adults.” Richardson announced the sale of the school earlier this month during a press conference when an intervention plan of the Montgomery Public School System was released. He said if the school isn’t sold, layoffs will have to be made. “If Georgia Washington is NOT sold, we anticipate approximately 200 MPS teachers and 75 support staff will have to be laid off in order for MPS to meet its financial obligation,” Richardson added. A hearing for the lawsuit will take place Monday, Feb. 26 at 9 a.m. The plaintiffs are Edwards Simms, a Robert E. Lee High School teacher with a child at Georgia Washington, Chisholm Elementary Child Nutrition Program manager Edwina Relf and Tislam Ellis, a Sidney Lanier High School teacher.
Roy Moore accuser Leigh Corfman files defamation lawsuit against him
The woman who said former U.S. Senate candidate Roy Moore sexually assaulted her when she was 14, filed a defamation lawsuit against Moore and his campaign on Thursday. Leigh Corfman filed the suit in the Montgomery County Circuit Court. In November, The Washington Post published a bombshell report with the accounts of Corfman and three other women who claimed Moore sexually pursued them when he was in his 30s and they were in their teens. Corfman specifically said she was only 14 years old when Moore, then 32, approached her outside a courtroom in Etowah County, Ala. According to the report, he ultimately drove her to his home in the woods,told her she was pretty and kissed her, and then undressed her. Moore has vehemently denied Corfman’s allegations of abuse, calling them “politically motivated,” “completely false” and “malicious.” She asserts those words are defamatory in the suit. Corfman is not seeking financial compensation, only legal fees, and is looking for Moore to publicly apologize for what he has said about her. She is also seeking a court-enforced ban on Moore or his campaign that would prohibit him from allegedly criticizing her in the future. Moore’s campaign representative Brett Doster, responded to the suit by saying, “We look forward to transparently discussing these matters in a court of law.”
Roy Moore threatens lawsuit over Washington Post allegations
Former Alabama Chief Justice and U.S. Senate-hopeful Roy Moore said a lawsuit will be filed over a bombshell The Washington Post report that detailed the accounts of four women who claim he sexually pursued them when he was in his 30s and they were in their teens. With the Dec. 12 special election only four weeks away, Moore assured supporters during a campaign event Sunday night at the Huntsville Christian Academy in Huntsville, Ala. that the report was “fake news” and “a desperate attempt to stop my political campaign.” “The Washington Post published another attack on my character and reputation because they are desperate to stop my political campaign. These attacks said I was with a minor child and are false and untrue — and for which they will be sued,” Moore said at the event. Moore’s remarks come amid increasing pressure from the Republican Party to drop out of the race. “Why would they come now? Because there are groups that don’t want me in the United States Senate,” he said, calling out the Democratic Party and the Republican establishment. “We do not plan to let anybody deter us from this race.” It is unknown whether or not Moore will actually follow through with a lawsuit. He provided no details about what type of suit he planned to file or when he planned to file it. The event was closed to reporters, but the Moore campaign broadcast the event live on Facebook. Watch Moore’s Huntsville speech below:
MPD officials, mayor named in federal racial, sexual discrimination lawsuit
A longtime officer with the Montgomery Police Department (MPD) has filed a lawsuit against the city and MPD officials alleging racial and sexual discrimination, as well as retaliation. Hortensia James filed a lawsuit in the federal courts in August 2017 with complaints dating back to 2013. In a 22-page complaint James spells out several instances where she alleges discrimination by her male coworkers. She also accuses former MPD Deputy Chief Ron Cook of making unwelcome sexual advances in 2015. The lawsuit seeks damages including compensatory damages including but not limited to lost wages, lost seniority, out of pocket expenses, and emotional damages. James also requests a trial by struck jury. Named as defendants are: Former MPD Deputy Chief Ron Cook City Personnel Director Carmen Douglas MPD Chief Ernie Finley Former MPD Deputy Chief Bryan Jurkofsky MPD Cpl. Donald Lowe Public Safety Director Chris Murphy Director of City Investigations Ronald F. Sams Former MPD Deputy Chief William S. Simmons Montgomery Mayor Todd Strange MPD Sgt. Bruce Thornell MPD Lt. Natasha Walker MPD Chief of Staff Chris Wingard The City of Montgomery The City Personnel Department The Office of City Investigations The City of Montgomery declined to comment to Alabama Today on the lawsuit. View James’ full complaint below:
AG Steve Marshall files suit against city of Birmingham, Mayor William Bell
Alabama Attorney General Steve Marshall announced Wednesday that his office has filed suit in Jefferson County Circuit Court against the City of Birmingham and Mayor William Bell for violating state law by constructing barriers to deliberately obscure a Confederate monument in the city’s downtown Linn Park. “In accordance with the law, my office has determined that by affixing tarps and placing plywood around the Linn Park Memorial such that it is hidden from view, the Defendants have ‘altered’ or ‘otherwise disturbed’ the memorial in violation of the letter and spirit of the Alabama Memorial Preservation Act,” said Marshall. “The City of Birmingham does not have the right to violate the law and leaves my office with no choice but to file suit.” The Alabama Memorial Preservation Act, was passed by state lawmakers earlier this year and signed into law by Gov. Kay Ivey. It prohibits the removal of historic statues more than 40 years old from public spaces. The Confederate monument in question in Linn Park was dedicated in 1905, and thus is protected by the law.
Bipartisan lawsuit filed against Robert Bentley
Republican Jim Zeigler and Evergreen- Democrat Tommy Chapman have filed a lawsuit seeking a declaratory judgment that Gov. Robert Bentley illegally set the upcoming special election for the US Senate seat vacated by US Attorney General Jeff Sessions, and are asking for a mandatory injunction requiring him to reset the election as soon as possible. Zeigler, Alabama State Auditor, and Chapman, chair of the Conecuh County Democratic Executive Committee and retired district attorney for Conecuh and Monroe Counties, electronically filed the bipartisan lawsuit in Montgomery County Circuit on Sunday. The suit cites state law that requires a special election date to be set without delay if a U.S. Senate seat becomes vacant more than four months prior to the next election, which would be in November 2018. “The whole thing stinks,” said Zeigler. “We’ve got a Bentley-appointed Senator instead of a peoples’ elected Senator. Under the illegal delay by Gov. Bentley, his anointed US Senator gets a free ride for almost two years before an elected Senator can take office.” The suit also cites a Feb. 13 memo by the nonpartisan Legislative Reference Service that the governor is required to set the special election “without delay.” “It is a practical and reasonable interpretation of the statute to conclude that the Legislature intended for the Governor to call a special election immediately or without delay if the vacancy occurred more than four months from the next General Election,” reads the memo. “It appears that Section 36-9-8, Code of Alabama 1975, requires Governor Bentley to hold a special election to fill the vacancy of Senator Jeff Sessions without delay at some time prior to the 2018 General Election.” Read the full lawsuit below:
Alabama Supreme Court allows lawsuit against Austal to proceed
The Alabama Supreme Court on Friday said employees of Austal shipyard in Mobile, Ala. may proceed with their lawsuit against their employer. Last month, Austal employees filed a lawsuit against their employer claiming the company intentionally endangered them by forcing them to use the cutting tool nicknamed the “widow maker” that managers knew to be dangerous. Austal responded by appealing to the state’s Supreme Court to stop the suit. The suit claims Austal “made the conscious and deliberate decision to intentionally injure its workmen” saying the company didn’t want to go to the trouble or expense of finding a safer tool. In their opinion, the justices said this was hard to believe, but that they could not rule out the possibility of it being true. “That allegation — that a company would deliberately injure multiple specific employees — is so shocking that it invites skepticism,” read the opinion.”Nevertheless, our standard of review does not permit this Court to consider the plausibility of the allegations… The plaintiffs are entitled to at least limited discovery on the issue whether their claims are subject to the exclusivity provision of the LHWCA. Thus, Austal has not shown a clear legal right to a Rule 12(b)(6) dismissal.” At least 53 Austal workers have been injured by the “widow maker,” losing fingers and suffering deep gashes on their faces, necks and arms, according to injury logs dated between January 2011 – March 2015, which were obtained by The Center for Investigative Reporting.
Robert Bentley appeals refugee lawsuit dismissal
Gov. Robert Bentley announced Tuesday the state will appeal a federal court’s dismissal of the governor’s lawsuit against the federal government over refugee placement. The governor’s office said the appeal was filed Tuesday with the 11th U.S. Circuit Court of Appeals in Atlanta in the wake of his suit’s dismissal on July 29. “The District Court based its dismissal on a technicality, a finding that Alabama may not sue to enforce the Refugee Act,” Bentley said. “The District Court did not find that the federal government was fulfilling its obligations under the act.” Bentley he said he wants a court order to require the government to comply with its statutory obligations to consult with the state before placing refugees within its borders. “My problem is not with individual refugees, rather my issue is with the federal government and the unwillingness to enforce their own laws and follow their own procedures,” Bentley continued. “I will continue to fight this issue until the federal government is held accountable for its noncompliance and is properly including the states in this important decision-making as required by law.” In January, Bentley filed a lawsuit on behalf of the state of Alabama, stating federal officials are in violation of the Refugee Act of 1980, which he contends requires a consultation with states regarding the placement of refugees before those refugees are placed within its borders. This, despite the fact that U.S. Supreme Court precedent has held repeatedly that matters of immigration and asylum are the responsibility of the federal government. A judge had previously dismissed a similar lawsuit in Texas, ruling resettlements are federal decisions, and that the state isn’t entitled to pick and choose which refugees locate where.
State Auditor Jim Zeigler files lawsuit against Gov. Robert Bentley over BP settlement spending
Alabama State Auditor Jim Zeigler returned to court Tuesday attempting to halt Gov. Robert Bentley from using BP oil spill settlement funds to build a four-star beachfront hotel and conference center at Gulf State Park. Joined by Red Bay Democratic state Rep. Johnny Mack Morrow, Zeigler filed the civil suit Tuesday in Montgomery court challenging what they call “unconstitutional and illegal disbursements and expenditures of state funds without required approval by the Alabama State Legislature” on the hotel and conference center as the spending was not authorized by state lawmakers as required. According to court documents, only “project revenues, National Resource Damage Assessment funds or Restore Act Funds” may be expended on projects at Gulf State Park under state law. They deem the use of BP block grant funds for the project “impermissible and illegal” in the lawsuit. The suit comes four days after Montgomery County Circuit Judge Truman Hobbs dismissed a similar suit filed by former state Conservation Commissioner Charles Grimsley. Zeigler claims the new lawsuit is different because the plaintiffs are different. This is the second lawsuit Zeigler has filed within a week against Bentley’s administration. Last week he filed a lawsuit to try to void the contract for the state’s “failed” $47 million accounting software. The governor’s office declined comment on the latest lawsuit.
Judge: Ex-official lacks standing to proceed with lawsuit against Gulf State Park
A judge has ruled that the former commissioner of the Alabama Department of Conservation and Natural Resources doesn’t have standing to continue his lawsuit against Gov. Robert Bentley and others over funding for a new hotel and upgrades at Gulf State Park. Montgomery County Circuit Judge Truman Hobbs issued the ruling Tuesday, saying Charles Grimsley lacks standing to proceed with the lawsuit because the funds came from BP, and not taxpayers. Grimsley’s lawsuit alleges that the BP funds for the project are not authorized to be used for the work under the 2013 legislation that initiated the project. Grimsley tells Al.com that he’s discussing his next move with his attorneys. Bentley says the 350-room lodge, trails and other improvements at Gulf State Park will be an asset for Alabama. Republished with permission of the Associated Press.
