The attorney representing a middle school student alleging an assault at a Hall County school has asked the court to dismiss her complaint in U.S. District Court, according to court documents.
Attorney Jamie Miller filed the suit last month using Jane and John Does as the respective plaintiff and defendant pursuant to Title IX.
In addition to equality in athletics, Title IX’s domain includes sexual harassment, sexual assault and sex-based discrimination in the workplace at educational institutions receiving federal financial assistance.
The complaint had not yet been served, according to the dismissal filed April 29..
“My clients did not want to proceed,” Miller said this week.
She did not answer further questions from The Times and said she would not make any further comment.
The lawsuit alleged violation of Title IX, assault, battery, intentional infliction of emotional distress and false imprisonment involving another student cornering the plaintiff and harassing her.
The events listed in the lawsuit are alleged to have happened from April 2017 onward at an unnamed middle school.
“On April 20 and 21, 2017, defendant John Doe cornered (the) plaintiff and then physically assaulted and battered her in a classroom after blocking her exit,” according to court documents. “Prior to this, defendant John Doe had been harassing (the) plaintiff by drawing sexually-oriented pictures on (the) plaintiff’s books and papers as well as making inappropriate comments to her.”
The lawsuit also alleged failures by school officials to investigate the incident.