Cape student sues, accuses school officials of slamming her to ground multiple times

A teenage Cape Girardeau student is suing the Cape Girardeau School District after an incident where she said she was assaulted by two high-school officials. Attorneys for the plaintiffs stated in court documents there is a surveillance video of the incident that is "graphic and disturbing."

Judge Craig Brewer granted a venue change in the case Wednesday. The Southeast Missourian has filed a public-records request with the school district for the video.

Ta'Brea D. Harris, 14 at the time, said she was waiting for a bus Dec. 11, 2014, when she was involved in a verbal altercation with a female student, according to an amended petition in the civil case filed Feb. 12.

Chris Kase

Chris Kase, who then was assistant principal, approached Harris, grabbed her, spun her and slammed her into the ground, according to the petition. Sometime after, athletic director Lance Tollison approached Harris from behind, pulled her hands behind her back and slammed her to the ground. Tollison then picked Harris up to her feet and Harris tried to get away. Tollison then slammed Harris to the ground a second time, according to the petition.

Kase now is principal at Central High School.

The petition, written by Harris' attorneys, Daniel Statler and Matthew O'Brien, states Harris incurred medical expenses as a result of her injuries and that she continues to suffer from acute stress and anxiety. The petition states she suffered injuries to her neck, back and extremities.

The petition is broken into different counts against Kase, Tollison and the school district: assault, battery and negligence. The petition states Kase and Tollison had a duty to not use excessive force.

Lance Tollison

"That defendant's conduct was outrageous as such conduct showed a reckless indifference to the rights of others and Plaintiff seeks punitive and exemplary damages in addition to the compensatory damages alleged above," the petition states of Kase and Tollison.

The plaintiff is asking for damages in excess of $25,000 in the case, or a sum which is "fair and reasonable" as it is described in the petition.

Statler and O'Brien also filed an application for change of venue in the case to Mississippi County or St. Louis County.

Their reasoning was the school district held undue influence over Cape Girardeau County residents, the publicity of the case will bias Cape Girardeau County residents and that there is a lack of racial diversity in the 32nd Circuit Court. The publicity concern regarded the potential release of the surveillance video in the case.

"The video evidence is graphic and disturbing, and it could make headlines and command substantial airtime in the 32nd circuit," Statler and O'Brien wrote in support of transfer of venue. "It is likely to have such an impact in the area because it concerns school district employees assaulting a 14-year-old black girl."

The plaintiffs cited recent "racially charged" events garnering high attention, specifically racial tensions in Ferguson, Missouri, in 2014 and 2015 and at the University of Missouri in Columbia in 2015.

"Lack of racial diversity is not evidence that Missouri Courts consider in transferring venue," Statler and O'Brien wrote. "Reflecting on recent events in America as a whole, and Missouri in particular, maybe it's time they start considering it."

Each of the defendants have filed motions to dismiss the case April 22 through their attorney, Rebecca Cary, of the St. Louis firm Childress, Ahlheim, Cary LLC. For Kase and Tollison, Cary cited the doctrine of official immunity and the Paul D. Coverdell Teacher Protection Act of 2001. Cary wrote official immunity protects public officials from liability for acts of negligence committed during the course of their official duties.

"The purpose of the Coverdell Act is to provide 'teachers, principals and other school professionals the tools they need to undertake reasonable actions to maintain order, discipline and an appropriate education environment,'" Cary wrote.

Tollison, Kase and Cape Girardeau schools superintendent James Welker declined to comment, referring all comments through Cary. Cary could not be reached for comment.

Statler and O'Brien declined to comment. Terri Harris, Ta'Brea's mother and court appointed representative for the case, could not be reached for comment.

bkleine@semissourian.com

(573) 388-3644

Pertinent address: 1000 Silver Springs Road, Cape Girardeau, MO