Sun Jul 05 20:10:48 PDT 2015
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School Board Wants Former Superintendent's Lawsuit Tossed
Ken Curtis

An attorney for the Dothan School Board is asking a judge to dismiss a wrongful termination lawsuit filed by its superintendent. Tim Wilder recently sued seeking to regain his job and receive back pay after he was dismissed last November amid allegations of sexual misconduct toward a school system employee. “The Defendants move the Court to dismiss Count I of the Complaint, which purports to allege a cause of action under 42 U.S.C. 1983, because it fails to allege a cause of action upon which relief can be granted. Specifically, the Plaintiff fails to allege, and as a matter of law cannot prove, that no adequate state procedure exists to remedy his alleged procedural due process violation,” the lawsuit claims. The request for dismissal, filed by attorney Jere Segrest, further states, “The Defendants, and each of them, plead absolute sovereign immunity and demand strict proof that one of the recognized exceptions applies. Further, Defendants plead that this action is an action against the state, and barred by absolute sovereign immunity, because “a favorable result for the plaintiff would directly affect a contract or property right of the State, or would result in the plaintiff recovering money from the State.” Wilder asked the court to order him back to work immediately. So far, there has been no action on the request.

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