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Freshwater files counterclaim

By , News Staff Reporter
September 11, 2008

MOUNT VERNON — Last week, R. Kelly Hamilton, attorney for John Freshwater, filed a counterclaim to the civil lawsuit pending in federal district court.

The lawsuit, filed on behalf of a former student of Freshwater’s, alleges, among other things, that Freshwater violated school board policy, taught his own religious beliefs in a public school classroom, made inappropriate statements to students, did not follow the approved science curriculum, and caused or allowed physical injury to the student.

The counterclaim asserts the allegations of the plaintiffs are false and therefore slanderous, causing injury to Freshwater’s reputation, exposing him to public disgrace and adversely affecting his trade or business. On that basis, Freshwater is claiming defamation.

Counterclaim 2 concerns emotional distress, including loss of appetite, lost time from work, anxiety and loss of sleep. Freshwater has been suspended, without pay, by the Mount Vernon City School Board pending a termination hearing scheduled for Oct. 1.

Freshwater is asking the court for compensatory damages, punitive damages and attorney’s fees, and has demanded a jury trial where allowable by law.

E-mails to Hamilton requesting further information were not returned as of press time.

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