Former Booker T Washington Academy Principal Peggy Petrilli intends to prove that Fayette County Schools Superintendent Stu Silberman wronged her in four ways:- He wrongly retaliated against her
- He discriminated against her racially
- He violated her constitutional rights to due process, equal protection and he improperly exercised absolute and arbitrary power over her life, liberty and property interests
- He violated Kentucky’s whistleblower law in the process
(Note: Law.com’s dictionary defines “constructive” as “a legal fiction for treating a situation as if it were actually so.” Thus, despite her resignation, Petrilli claims she was really discharged.)
Petrilli is seeking $3 million for pain & suffering; $500,000 for lost past and future wages; $1 million for permanent impairment to earn money; $1 million for actual and foreseeable damages; $500,000 attorney’s fees and $5 million n punitive damages.
Plaintiff Peggy Petrilli’s Attorney J Dale Golden will argue:
“Peggy Petrilli is a victim of racial discrimination and retaliation on the part of the defendants who were acting at the beckoning call of [two parents; PTA President and school council member] Jessica Berry’s and [PTA Vice President and school council member] Alva Clark’s mission to force Petrilli out.”
Berry wielded unlimited power and authority at Booker T Washington Academy by playing “the race card when challenged,” by her inordinate presence at the school and in her daughter’s classroom [3 times a week/ 2 hours at a time], this despite a doctor’s advice to the contrary. Interim Principal Jock Gum, who followed Petrilli, agreed in his deposition and said he “complained about Berry and Clark to Silberman. He said, “I just felt like they had too much presence…They were in the building too often and had more power … and…presence…[and] influence than parents should have.” Both Clark and Berry “used racial manipulation to keep [their] power and promote a program of “racial sensitivity and cultural competence” at the school, and “thwart any and all efforts of Ms Petrilli to better the school.
These parents pushed a program of “more diversity” in the school staff; African American teachers and particularly male African American teachers. Golden will argue that the women wanted to get rid of white teachers to make room for accomplishing their goal.
Alva Clark is married to Buddy Clark “who in the past practiced law in Illinois, but had his license suspended.” He said his child had three residences which, consistent with FCPS policy, Petrilli challenged. She asked the FCPS Director of Pupil Personnel Gary Wiseman to investigate whether the Clark child resided in the BTWA district. Wiseman’s subsequent investigation could not confirm that the child lived in district. He Clarks “battled with Jack Hayes” the district director over instruction without successfully confirming the child’s residence in the BTWA area or agreeing to complete the required Out-of-area form. Instead they “wanted to punish Petrilli” and “rumors began to spread that parents were going to picket the school or go to the media if something was not done about Petrilli.”
The Clarks told district equity officer Vince Mattox that “there is a ground swell of requests for us to go after Ms Petrilli” and asked Mattox his opinion. Golden will argue that Mattox did nothing to dissuade them, rather he responded by telling the Clarks, “I applaud your commitment.” Subsequently Clark threatened to sue the district under the Americans with Disabilities Act, or by complaint through various state agencies, like the Office of Educational Accountability, or federal agencies and made this plain to Silberman. In June 2007 the Clarks made demands of Silberman that he overrule Wiseman; waive residency requirements for their child “to attend any school of their choosing; that they be given veto power over their children’s special education teacher; and that their child would receive state-of-the-art equipment. Golden will argue a “shameful display of pandering by… Silberman to appease potential trouble makers wielding the race card was a precursor” to Petrilli’s forced resignation and that it was done to “prevent African Americans from picketing” the school which might in turn, keep Silberman from being “considered for future awards that put a premium on political correctness and expediency.”
On July 26, 2007 Buddy Clark called for his wife and Berry to organize a meeting of African American parents, teachers and community members to apply pressure on Silberman to “preserve his own political career by unlawfully forcing Petrilli” out. Clark’s directive called for “a list of everything that has happened over the past year which negatively effected (sic) black parents, students teachers or the community…no matter how inconsequential…”
Golden will argue that this led to an unlawful secret meeting on August 22, 2007 where false allegations were made, that Silberman knew were false, but which ultimately precipitated Petrilli’s constructive discharge. In the interim, he offered Petrilli the option of returning to Northern Elementary and when she refused Silberman aggressively sought her resignation.
When Petrilli’s attorney Jeff Walther contacted Silberman to inform him that Petrilli “was not going to be resigning” Silberman retaliated by threatening suspension. Petrilli resigned. Golden will argue that it does not make sense that Silberman would offer Petrilli Northern one day and then suspend her a day later unless she was “bullied by charlatans willing to play the race card and by supervisors…who placed politics above integrity.”
The jury will be asked to decide
Coming up: HE SAID
SOURCES: Court Documents including Plaintiff Petrilli's Motion vor Summary Judgment; Response to Defendant Coleman's Motion for Summary Judgement and Motion to Extend Discovery
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