GBI investigating Muscogee County School District’s lawsuit settlement

The Georgia Bureau of Investigation has decided to investigate the Muscogee County School District’s settlement of lawsuit -- including a $550,000 payment from the insurer -- without board approval.

“The GBI is moving forward with this case and opening up an investigation into the matter,” GBI public affairs director Nelly Miles told the Ledger-Enquirer in an email Tuesday.

The decision is based on the request from Superior Court Judge Gil McBride of the Chattahoochee Judicial Circuit, headquartered in Columbus. In a handwritten letter dated Jan. 12, McBride told the GBI, “I enclose herewith copies of pleadings in the above-referenced matter. Please accept this letter as my request for a GBI investigation to determine whether any illegal behavior occurred in settlement of the above-referenced matter … .”

The matter McBride referenced is the lawsuit filed on behalf of Columbus Police Department motor squad Officer William Green against MCSD bus driver Kenneth Canup after a 2015 crash that injured Green. Canup was charged with one count of improper left turn and failure to yield. McBride presided over the civil case.

MCSD board attorney Greg Ellington told the Ledger-Enquirer in an email Tuesday evening, “There has not been any contact from the GBI, but we will cooperate with any investigation or request for information. I want to further share with your readers that the coverage agreement between GSBA (Georgia School Boards Association) and MCSD provides that ‘GSBA-RMF (Risk Management Fund) may investigate and settle any claim or suit as GSBA-RMF considers appropriate.’ GSBA paid the full amount of the settlement, as it has the unilateral right to do. … Under these circumstances the settlement does not require Board approval because GSBA can settle any claim with its own money as it considers appropriate.”

After news of McBride’s request broke last week, Ellington told the Ledger-Enquirer in a Jan. 23 email, “There was a settlement of a lawsuit filed by a motor squad officer. MCSD did not pay the settlement. The liability coverage provider, GSBA, paid the full amount of settlement. The settlement therefore did not require the approval of the Board. The argument in the article that there is something legally insufficient about the settlement is incorrect.”

The article Ellington mentioned is the story by retired Ledger-Enquirer staff writer Richard Hyatt on the All On Georgia website.

Miles declined to respond to Ellington’s argument. She also wouldn’t say why the GBI decided to investigate the allegation, which law or laws might have been broken and based on what evidence.

The lawsuit filed Feb. 4, 2016, claimed Canup was negligent in turning left in front of Green on Oct. 30, 2015, forcing Green to wreck his police motorcycle to avoid a collision.

According to Green’s claim, Canup was driving north on Whitesville Road as he approached the entrance to Double Churches Elementary School. Green was traveling south with his blue lights and siren on.

Canup, 74 at the time, started turning left toward the school, intruding three to five feet into Green’s lane, causing the officer to lose control trying to avoid a crash. Green, 39 at the time, was injured in the accident.

On July 7, 2016, the judge agreed to extend the time for discovery of evidence to Feb. 27, 2017, but that turned out not to be necessary when the school district’s insurance settled.

Green’s attorneys filed notice they were dismissing the lawsuit Nov. 30.

McBride’s request came a month after the GBI declined District Attorney Julia Slater’s request to probe two other incidents involving MCSD:

▪ The Aug. 22 bus crash that killed 67-year-old driver Roy Newman and injured seven Mathews Elementary School students.

▪ The Sept. 12 alleged body-slamming of 13-year-old Montravious Thomas by contracted behavioral specialist Bryant Mosley, resulting in Thomas having his right leg amputated below the knee.

Miles said Dec. 12 that the GBI isn’t investigating those incidents because the Columbus Police Department is investigating them.

Staff writer Tim Chitwood contributed to this report.

This story was originally published January 31, 2017 at 12:32 PM with the headline "GBI investigating Muscogee County School District’s lawsuit settlement."