BOE Attorney Earl Patton gave an update on the lawsuit against the BOE at their last meeting.  The lawsuit is from a parent who had children attending South Cumberland Elementary.  The parent, Jim Howe, says he was trying to pick up his children from school in November of 2013 but wasn’t allowed.  Howe was stopped by Deputy SRO officer Avery Aytes telling Howe school policy prevented Howe from getting the student at that particular time.  After a heated exchange, Howe was handcuffed and arrested. The suit alleges false arrest, malicious prosecution, excessive force and retaliation for exercise of First Amendment rights, and seeks punitive damages of $1 million, and additional punitive damages of $100,000 for false arrest. The suit also alleges denial of the fundamental right to care and control children. In an affidavit Aytes stated Howe was “making unreasonable noise, arguing, being disruptive, refusing to follow rules. His actions prevented others from carrying on lawful activities.” Defendants named in the suit are Avery Ayets, deputy with the Cumberland County Board of Education serving as School Resource Officer at South Cumberland Elementary; South Cumberland Elementary; Principal Darrell Threet; Cumberland County Sheriff’s Department; Director of Schools Donald Andrews; Cumberland County Board of Education; and Cumberland County. Attorney Patton reported to the Board that the court has extended the deadline for summary judgement and the trial could begin sometime next year.  The entire exchange between Howe and Deputy Aytes was captured on video by Howe’s fiancee at the time.