Another settlement reached in Montravious Thomas $25 million lawsuit v. MCSD, others
A settlement has been reached among the plaintiffs and all but one of the remaining defendants in the $25 million lawsuit resulting from a classroom confrontation between a Columbus teen and a contracted behavior specialist.
Montravious Thomas, then 13, had his right leg amputated below the knee after Bryant Mosley allegedly “body-slammed” him five times during the physical altercation Sept. 12, 2016, in an alternative school, the Thomas family’s lawyers have said.
In March 2017, Lawanda Thomas filed the lawsuit on behalf of her son against the Muscogee County School District and seven other defendants.
One of the defendants, Mentoring and Behavioral Services LLC, agreed last spring to pay Montravious, his mother and his lawyers an undisclosed amount in exchange for being dropped from the lawsuit.
In March 2018, the plaintiffs dropped from the lawsuit the school district and five MCSD employees in their official capacities, but they remain defendants in their individual capacities, along with Mosley:
- David Lewis, the MCSD superintendent
- Zehra Malone, who was Montravious’ teacher at the alternative school the first and only day he attended there. Montravious was the only student in Room 109 when the confrontation with Mosley occurred, according to the lawsuit and video footage the Ledger-Enquirer obtained.
- Phyllis Fox, who was the paraprofessional in the classroom
- Eddie Powell, who was the alternative school’s assistant principal. He was in charge that day because the principal was absent.
- Gisela Huggins, the MCSD bus driver who took Montravious home that day.
On Nov. 18, 2019, Muscogee County State Court Judge Ben Richardson ordered the parties into mediation if they didn’t reach “an equitable settlement” within five days.
Details about the settlement are sparse, but the Feb. 17 motion filed by the plaintiffs lists Lewis, Malone, Fox, Powell and Huggins as parties to the settlement. Mosley isn’t included.
The terms and amount of the settlement are confidential. Proceeds are to be disbursed for claims, attorney fees and expenses to Lawanda Thomas and Montravious, whose funds would be placed in an annuity, with payments beginning when he turns 18.
Because he is a minor, the settlement of Montravious’ claims is pending approval by the Muscogee County Probate Court, according to the Feb. 18 order by Muscogee County State Court Judge Ben Richardson, granting the plaintiffs’ motion. No objections to the motion were filed by the defendants.
In April 2018, 19 months after the incident, the Columbus Police Department’s investigation concluded. No criminal charges were filed in connection with the case.
Also in 2018, the plaintiffs’ lawyers filed a motion to add Columbus Police Lt. Consuelo Askew as a defendant in the lawsuit. Askew was MCSD’s part-time security officer on duty at the alternative school the day of the incident. She also was CPD’s lead investigator in the case, which the plaintiffs’ lawyers called a conflict of interest.
As of Tuesday, the lawsuit’s public documents don’t show whether and how Judge Richardson has ruled on the motion.
The lawyers involved in the case either declined to comment about the settlement or weren’t reached for comment before this story’s deadline.
MCSD communications director Mercedes Parham told the L-E in an email Wednesday afternoon, “The Muscogee County School District notes that any settlement would be paid by the insurer for the School District and not from the School District’s funds. The District’s understanding is that the primary incentive for the insurer to resolve this matter is the economic and financial considerations with continuing this protracted litigation.”
The L-E responded by asking how much has litigating this case cost MCSD. The answer will be added to this story when it is received.
This story was originally published February 26, 2020 at 11:22 AM.
