Family has yet to follow up on lawsuit against school district |

Family has yet to follow up on lawsuit against school district

Pete FowlerGlenwood Springs, CO Colorado

GLENWOOD SPRINGS, Colo. There’s been no action yet after a Carbondale family threatened in January to file a $3 million lawsuit against the Roaring Fork School District Re-1. And there’s no indication any lawsuit will actually be filed.Glenwood Springs attorney Richard Dally sent the RFSD a notice of claim on behalf of a Carbondale family under the governmental immunity statute on Jan. 12. The notice said staff at Roaring Fork High School did nothing to stop “repeated and pervasive physical assaults and acts of bullying, taunting, teasing and threats” against a student.The notice was addressed to Superintendent Judy Haptonstall and school board President Michael Bair. On July 18, 2006, two “known student athletes” allegedly assaulted the student in the boys’ weight room at RFHS, the notice said. It also claimed that similar incidents took place prior to that and in August during summer football practice. The notice said the July incident was not the only instance of bullying at the school and that the student has withdrawn from school “for fear of his life and well-being.””In response to the receipt of that 90-day notice, the school district has done nothing,” Dally said.Superintendent Judy Haptonstall said that an RFSD attorney, Pat Mooney, found there was no reason to respond to the notice or offer any settlement on the claims.A receptionist said Mooney was out of his Denver office Wednesday and Thursday. Mooney couldn’t be reached Friday afternoon.The immunity statute gives governmental entities 90 days of notice before a civil lawsuit can be filed. Dally was quoted at the time of the notice saying, “On the 91st day” if there is no response, “we can take civil action.”It’s been about 134 days since Jan. 12. Dally said he wouldn’t comment on whether or not a lawsuit will be filed.Carbondale Police Chief Gene Schilling said the family contacted his department with the claims in August. Police investigated but made no arrests and filed no criminal charges.”The District Attorney felt that there was not enough there to go forward with any charges on our end,” Schilling said.Contact Pete Fowler: 945-8515, ext. 16611pfowler@postindependent.comPost Independent, Glenwood Springs Colorado CO

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