MOUNT VERNON — As far as the Knox County Court of Common Pleas is concerned, the John Freshwater v. the Mount Vernon City Schools Board of Education appeal is closed. The case has been transferred to federal court.
The school board’s attorney on Tuesday filed a notice of removal with the United States District Court, which routinely accepts any removal case.
Because Freshwater’s complaint concerns federal constitutional and statutory claims, the board document states, the district court has jurisdiction. The notice of removal specifies that on Oct. 21, 2010, Freshwater dismissed with prejudice a federal lawsuit against the board “that concerned substantially similar facts, circumstances and allegations as the present case.”
The school board also filed a motion to seal three documents attached to Freshwater’s complaint because they contain “confidential information in the form of the identity of numerous minor children.” The related memorandum states the order to seal “is proper in light of the strong interest in protecting the identity of minors and to honor the order [issued by Magistrate Norah King in the previous Freshwater v. school board case].”
King subsequently ordered those documents to be sealed.
No dates have been set for the next step in the court proceeding.
The school board’s expenses in this case are covered by insurance.
Freshwater did not return a request for comment.
