Freshwater files federal lawsuit
MOUNT VERNON — John Freshwater, the Mount Vernon Middle School science teacher who was suspended by the school board in 2008 for alleged professional misconduct, has filed a federal suit against the Mount Vernon City School Board and various past and present school officials.
17 Responses to “ Freshwater files federal lawsuit”
30 SEP 2009 FRESHWATER ENTRY: http://www.sconet.state.oh.us/tempx/180803.pdf
This cause originated in this Court on the filing of a complaint for a writ of
mandamus and prohibition. Upon consideration pursuant to S.Ct.Prac.R. X(5), and
relator’s motion for judgment on the pleadings,
It is ordered by the Court that the inotion for judgment on the pleadings is
granted. Accordingly, this cause is dismissed.
Much history can be found in Case No. 2009-1408 an Original Action in Mandamus and Prohibition, State of Ohio ex rel. John D. Freshwater v. Mount Vernon City School etc., et al.
The complaint (20 pages): http://www.sconet.state.oh.us/tempx/648780.pdf
The answer: (119 pages): http://www.sconet.state.oh.us/tempx/650225.pdf
The motion for JoP and attached brief (23 pages) is at http://www.sconet.state.oh.us/tempx/650228.pdf
The memo opposing JoP http://www.sconet.state.oh.us/tempx/650877.pdf
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The following is from the motion for judgment on the pleadings filed in the Ohio Supreme Court 31 Aug 2009, in State of Ohio ex rel. John D. Freshwater v. Mount Vernon City School District Board of Education et al.
Proposition of Law No. 1: The doctrine of res judicata bars Relator’s mandamus claim
Proposition of Law No. II: By filing an action in the United States District Court for the Southern District of Ohio on June 9, 2009 against Respondents Board, Watson, and Goetzman, Relator chose another forum and divested this Court of jurisdiction
Proposition of Law No. III: Respondents’ motion for judgment on the pleadings must be granted as Relator has not stated a viable claim in mandamus
a. In May 2009, Respondent Treasurer completed the ministerial duty of issuing a subpoena to Respondent Ian Watson
b. Respondent Treasurer had no clear legal duty to issue a subpoena to Respondent Jody Goetzman since Relator never requested this subpoena
c. Relator has no clear legal right to have Respondent Treasurer issue subpoenas to Respondent Board or Respondent Watson
d. Relator has no claim in mandamus as he has an adequate remedy at law under R.C. §3319.16
Proposition of Law IV: Respondents’ judgment on the pleadings must be granted as Relator has not stated a viable claim in prohibition
a. In exercising quasi-judicial power, Respondent Board
did not act in a manner unauthorized by law
b. Relator has no claim in mandamus as he has an adequate
remedy at law under R. C. §3319.16
As a former student and graduate of Mt. Vernon Schools, I’ve watched this whole thing with amazement. The teacher burned students’ arms! This isn’t about a bible on anybody’s desk. It’s about a teacher who abused students. The school board did the right thing.
For the people who think this is just about a Bible on a desk, you really need to go back and read all the articles and the original charges brought against Freshwater. He regularly over the years burned crosses and other marks into students’ arms with an unsafe device. That’s usually considered felony assault. If that had been my child, I would have made sure he was arrested.
He crossed the line over and over again, but the school district did nothing. He should not succeed in this lawsuit. However, the school district needs to be brought to task for their failures to rein in a maniac.
If Mr. Freshwater did the things that he is alleged to have done, I can tell you right now that his law suit against the school board is a lost cause. It’s history. Most likely, his public school teaching career is finished.
Debra, Pauline B., and Bobbie.
I am a fully dunked Christian who lives in Tennessee. I get so sick of you right wing Christian-Neofundamentalists complaining about having your constitutional rights being taken away. They are not being taken away. You can attend whatever church you like. You can witness to whomever you wish in your church, in any neighborhood, and on any street corner or shopping center sidewalk. However, as the old saying goes, “The rights of your fist end where someone else’s nose begins.” It is the same in a government-supported public school classroom. Your constitutional right of free speech ends where someone else’s child’s ears begin. The parents of those children are in control of their religious education—not you. Neither you nor any public school teacher has a right to teach their particular brand of religion, faith, or theology to their kids while they are held captive in a public school classroom. To claim that you do is the same as claiming that your constitutional right of free speech gives you the right to crawl in through someone’s bedroom window at 3:00 a.m. to preach to a couple sleeping in bed. You do not have that right.
As a child of Jesus Christ, I will tell you what your real problem is. Your problem is that you have bought into a new, man-created brand of the Christian faith called Christian-NeoFundamentalism. It has only been around for the past 30 years or so, and it was created by crooked television preachers, greedy politicians, self-serving radio talk show personalities, and Christian reconstructionists. If you do not know what “Christian reconstructionism” is, go look it up in Wikipedia because it is most likely already in your church on the sly. Christian-Neofundamentalism is a corrupt and fraudulent form of the Christian faith from which all of God’s love has been drained away and filtered out. That mean’s it has lost its power—the love of Christ. You raise your children in your church, see them walk away from it at age 18, and they never come back. You wonder why. You knock on doors to share your faith, and at 9 out of every 10 houses, they slam the door in your face. You wonder why. You say to yourselves, “It could not possibly be me or what I believe.” The problem must be what the kids are being taught in school. It must be all of the apostate churches. It must be Harry Potter. It must be anything else and everything else on the planet—-EXCEPT YOU AND YOUR CHURCH. The sad fact of the matter is that your kids are running from you and your church because they see the lies, the inconsistencies, the absence of love, the fraudulent theology, and the hypocrisy that reside there. Kids know when they are not loved. Kids know when something is not right—and they flee from it.
Jesus was a loving soul. If you read the New Testament, the common people flocked to him in great masses. He did not have to knock on doors and get them slammed in his face. He did not believe that his faith was so weak that the he needed the government to step in and prop it up lest it breathe its last gasp. The people came to him. They were drawn to him magnetically because his love set him so much apart from everyone else—including the religious leaders of his own day. I never thought I would see it, but at Christian bookstores, I see books written by Christian Neo-Fundamentalists who run down Christ’s love, mock it, and say that it is wrong for our times!!! As one of them said, “Love is by its very nature permissive; we cannot have that. What we need are rules and absolutes.” In Christian Neo-Fundamentalism, “Do unto others as you would have them do unto you” is out the window. Jesus predicted that this would happen in scripture. In latter times, He said that because iniquity will abound the LOVE OF MANY WILL WAX COLD. Then watch what he says next. He says that only those who are able to hold on to their love for others in that time of iniquity will be saved. You guys have lost your love. You hate everyone who disagrees with you. You distrust and run away from your neighbors. You despise both the sin and the sinner. You live in a world of puffed up and rarified self-righteousness—forgetting that you too are standing with those you hate within the circle of sin. Is it any wonder then that people slam doors in your faces? Is it any wonder parents go nuts when one of your weirdo teachers does something outrageous at school? Wake up!!!
The answer is not to take over the government and the public schools and use their police authority to make everyone in the community believe in Jesus exactly as you believe. That is never going to happen. People disagree. They always have and they always will. Are you prepared to gun down people in cold blood to make your point. I hope not because there is nothing Christian about that.
The answer is to realize that you too are a sinner. Before the Lord, your sin is most likely just as great as that of any gay person or abortion doctor. You have to realize that you are a brother or sister with them in that same circle. To the extent that you despise one of them, you are also despising yourself.
Put the love back into your churches. Then all things will change.
I am willing to let a jury of eight of John Freshwater’s peers decide if he has committed any intentional wrongdoing.
They will decide guilt as well as the value of a career, a reputation, loss of income with its potential multiplication over another twenty-five plus years and peace of mind.
However, I think that the whole matter emphasizes the ineptness and inexperience of the school board members and their school administrators. The entire matter was handled in a very unprofessional manner at needless expense for everyone involved.
As I recall, the most compelling issue in his termination case was that he injured a student. It wasn’t just about a bible on his desk. He is, once again, trying to confuse the issues.
Looks like he named the John/Jane Doe students in the suit, too. Classy.
Well, read the whole law suit, it tells all, then make your comments! I would be careful who you call a psycho sconnor! they didn’t get him for child abuse! Read our Constitution, what is left of it by the way, before that is taken away!
He purposefully burned children with a piece of scientific equipment.
Children do not have the maturity to authorize such a harmful procedure.
When I send my children to school I expect them to provide a safe environment, where teachers don’t harm kids.
I certainty do not expect any of my children coming home with a burn on their arm that was administered by one of the teachers.
Freshwater is a deluded psycho and should have been prosecuted for assault and abuse; coupled with his more than appropriate termination.
Students deserve teachers with the professionalism and sense to understand the legal requirements of their jobs. This furor appears to have started with complaints from students which the administration was also legally required to answer. It is essential to project a neutral attitude and environment to protect the religious freedoms OF THE CHILDREN. Placing a Bible on his desk may or may not be neutral. Did it perhaps reside on top of the Teacher’s Edition, implying a disdain for the science he was there to teach? I have watched this pushy proselytizer play out Scopes in reverse; and lest we forget that Scopes lost his case according to the enlightenment of its time. I can’t believe how much this guy has cost the district so far, but pile it on. Rob the kids of resources and do it in His name. Please just take the cut in pay and prestige and go to private school.
Caz Loots said: “Wouldn’t a ‘Christian’ man be content with repayment of legal fees and changes in administrative code rather than $1,000,000.00 in unearned compensation?”
Maybe Freshwater would be content with that—but the school board would have to make that offer. Just because Freshwater has sued them doesn’t mean he wouldn’t accept a settlement for much less than that requested in the lawsuit.
I’m sorry but John Freshwater requested his appeal to his contract termination. His request is the one costing Mount Vernon taxpayers up to $300,000. By law, the board is fulfilling their duties. This is not about the Bible on the desk. It’s about a whole lot of other things that lead up to the Bible on the desk.
John Freshwater damaged his own reputation as he sought out Fox News. John Freshwater is ruining his reputation by asking for a million dollars.
I do not sense of humility in John Freshwater. I sense that’s a conflicted man, of getting out his Lord’s message with the job he was hired to do.
I have known John for many years. It’s not about the money! It’s about the Bible. But sometimes you have to get their attn before you can resolve the issues. He and his family have suffered much because he wouldn’t back down on his beliefs. I’m proud to call him a friend. And if we don’t stand behind him we’ll continue to see all our rights be stripped away.
I am backing up Mr. Freshwater all the way.
As far as the Cost to tax payers, Which I am one, I blame the School board .
It is on there shoulders to come up with an agreement to make this go away++ Obviously they have dug their heels in and out to persecute Mr. Freshwater..++++How can Mr Freshwater receive Teacher of the Year one year…… and then be on trial the next????
IT Does not add up to me.. I say get rid of the School Board….
Mr Freshwater I SAY take this to the supreme court to receive your JUSTICE … IF NEED BE…..BECAUSE of the damage they have done to YOU,your family and YOUR good name…As well as to OUR little town…
I am sorry you and your family have have to endure this… I admire your courage.. But I KNOW- This is not your Choice but the Board’s doing…
My Two adult children both had you and they both think this is wrong…
My son went in the army and was a par trooper .. HE spent 1 year in Afghanistan/ He received 2 medals.
When we were discussing this case He said” MOM… when I was taking MY 1st Jump out the plane I thought of the of the life story of Mr Freshwater—(AS a fire fighter and you jumping out of planes to fight fires..) And my son said”I THOUGHT if MR. Freshwater can jump into a fire I can do this too…”
Thanks for your commitment to the kids and the school system ++++ YOU HAVE MADE A DIFFERENCE in A LOT OF KIDS LIVES..Sorry the SCHOOL BOARD has not stood behind you…
What about the damages done to his reputation? Don’t all of you go on and on like you would not do the same thing because you know good and well you would, and probably would ask for a whole lot more! You all act so self- righteous, kind of reminds me of someone from my past. Get off of your high horse’s and get with the program! The man reputation WAS DAMAGED! You all want him to to let it go, not by a long shot! It is called compensation, and then some! Walk in the man’s shoe’s before you judge him!
I thought this wasn’t about the money?
A million bucks though! I hope he doesn’t get dime one from the Board.
Wouldn’t a “Christian” man be content with repayment of legal fees and changes in administrative code rather than $1,000,000.00 in unearned compensation?