(Full Title: Freshwater v. Mount Vernon City School District Board of Education et al.)

On June 9, 2009, John Freshwater filed suit against the Board of Education of the Mount Vernon City School District, Ohio, and against several individuals and organizations.

Freshwater, an eighth-grade science teacher for the district, had been the subject of an investigation commissioned by the Board after student and teacher complaints. The Board determined that Freshwater had proselytized in class, had taught creationism and omitted required material on evolution, and had branded students using a Tesla coil. The parents of one child, who had been branded with a cross, filed suit against Freshwater and the district. That suit was settled in late 2010 when the family was awarded $455,502 plus $140,000 for legal fees. The Board voted unanimously on June 20, 2008, to terminate Freshwater's employment.

Freshwater appealed the Board's decision, and a Termination Hearing on the matter began that October; it is also ongoing.

In his lawsuit, Freshwater names as defendants the Board, two individual Board members and four other district administrators, the investigative firm and its two employees, and up to eight unknown (even to him) "employees, agents or others associated" with the Board who may have "conducted or facilitated" actions against him. The original complaint included sixteen counts including religious discrimination, defamation, conspiracy and breach of contract. An amended complaint includes Freshwater's wife, Nancy, as an additional plaintiff, and adds a seventeenth count of loss of consortium.

On October 21, 2010, all counts were dismissed by the involved parties "with prejudice," meaning that the plaintiffs' complaints would not again be raised in a court of law. This action indicated that a settlement was reached outside of the courtroom and the case has ended.

Key legal documents for this case are provided at the bottom of this page. They are arranged in chronological order.

---

Related NCSE Articles

News: Creationist teacher sued in Ohio

News: Creationist teacher in Ohio to be fired

News: Hearing scheduled for creationist teacher's appeal in Ohio

News: Creationist teacher in Ohio sues school district

Related Off-Site Material

Extensive blog coverage at The Panda's Thumb, including Richard Hoppe's day-by-day accounts of Freshwater's termination hearing

Coverage of the Freshwater Controversy at the Mount Vernon News

Coverage of the Freshwater case at the Columbus Dispatch. See the "Read the Report" and "Web Extras" sections of this page for district documents relevant to the case.

Attachment	Size
6/9/09: Civil Cover Sheet	108.02 KB
6/9/09: Original Complaint	1.44 MB
6/9/09: Court memo relating case to Doe v. Mount Vernon et al.	69.23 KB
6/18/09: Amended Complaint	103.31 KB
8/5/09: Defendant (Lynda Weston)'s Motion to Dismiss	108.9 KB
8/6/09: Notice of preliminary pretrial conference, Sept. 2	11.41 KB
8/7/09: Defendant (David Millstone)'s stipulation for extension of time	36.98 KB
8/7/09: Court order setting hearing on Defendant (Weston)'s motion to dismiss for Sept 25	9.96 KB
8/10/09: Defendants (Mount Vernon Board, Watson, Goetzman, Short, White)' answer to amended complaint	82.65 KB
8/10/09: Defendants (Herlevis & HR On Call, Inc.)' stipulation for extension of time	31.07 KB
8/10/09: Court order granting extension of time for defendants (Herlevis & Hr On Call, Inc.)	31.51 KB
8/11/09: Notice rescheduling preliminary pretrial conference to Sept 16	7.67 KB
8/24/09: Motion for extension of time of defendants H.R. On Call, Inc., Julia F. Herlevi, and Thomas J. Herlevi	13.21 KB
8/24/09: Order on motion for extension	8.73 KB
8/26/09: Motion for extension of time of Defendant David Millstone	1.53 MB
8/26/09: Order on motion for extension	106.92 KB
9/1/09: Defendent David Millstone's motion pursuant to federal rule of civil procedure 11 for sanctions and fees	6.1 MB
9/1/2009: Notice of filing of Defendant David Millstone's motion pursuant to federal rule of civil procedure 11 for sanctions and fees	33.61 KB
9/2/09: Order on Defendant's Motion for Sanctions and Fees	7.74 KB
9/2/09: Rule 26(f) report of the parties	25.76 KB
9/8/09: Answer of Defendants to Plaintiffs' first amended complaint	55.39 KB
9/17/09: Preliminary pretrial order	14.66 KB
9/18/09: Scheduling order	9.18 KB
9/18/09: Plaintiff's motion for leave to file a memorandum contra to Defendant Lynda Weston's motion to dismiss	207.03 KB
9/21/09: Order on Plaintiff's motion for leave to file	8.03 KB
9/21/09: Plaintiff's memorandum contra to motion to dismiss	199.84 KB
9/23/09: Defendant's motion to seal	29.6 KB
9/24/09: Plaintiff's memorandum contra to motion to seal	31.53 KB
9/24/09: Order on motion to seal	8.41 KB
9/28/09: Defendant's reply to memorandum in opposition to motion to seal	33.51 KB
10/2/09: Reply of Defendant Lynda Weston to Plaintiffs' memorandum contra to Defendant's motion to dismiss	64.71 KB
10/6/09: Reply memorandum of Defendant David J. Millstone in support of the motion for sanctions of Defendant David J. Millstone	2.99 MB
10/2//09: Opinon and order on motion to seal	81.22 KB
11/16/09: Order on agreed protective order	9.21 KB
11/30/09: Opinion and order on motion for sanctions	22.14 KB
12/8/09: Opinion and order on motion to dismiss	48.75 KB
12/14/09: Defendant David Millstone's motion to dismiss the complaint pursuant to Federal rule of civil procedure 12(b)(6)	93.97 KB
12/15/09: Scheduling order on Defendants' Motion to Dismiss	7.74 KB
12/21/09: Answer of Defendant Lynda Weston to Plaintiff's first amended complaint	79.45 KB
4/8/10: Opinion	20.45 KB
6/17/10: Motion for miscellaneous relief	19.8 KB
6/18/10: Order on motion for miscellaneous relief	47.56 KB
6/26/10: Motion to compel	92.96 KB
6/26/10: Motion to compel - Exhibit 1, Defendants' 5/3/10 Discovery Requests	1019.59 KB
6/26/10: Motion to compel - Exhibit 2, Defendants' 5/10/10 Discovery Requests	1.29 MB
6/26/10: Motion to compel - Exhibit 3, Declaration of Sarah J. Moore	347.15 KB
6/26/10: Motion to compel - Exhibit 4, Relevant pages from Plaintiffs' 6/23/10 Discovery Responses	404.48 KB
7/29/10: Order	8.87 KB
8/3/10: Response in opposition to motion	16.8 KB
8/17/10: Reply to Response to Motion	50.01 KB
8/27/10: Sanctions granted	52.79 KB
8/30/10: Order Clarification	21.47 KB
9/22/10: Daubenmire Subpoena for Pass the Salt Ministries	88.06 KB
10/12/10: Stipulation to dismiss Loss-of-Consortium Complaint	70.59 KB
10/14/10: Order to dismiss Loss-of-Consortium Complaint	22.92 KB
10/15/10: Motion to Quash Daubenmire's Subpoena	324.16 KB
10/21/10: Dismissal with Prejudice for all Claims of Plaintiffs	29.58 KB