MICHELLE WILLARD, Post Staff Writer
Posted: Monday, May 11, 2009 3:09 pm

A local couple has filed suit against Murfreesboro City Schools for the alleged assault for their son in a Mitchell-Neilson Primary classroom, but at the time Murfreesboro Police saw no reason to file criminal charges.

Antwan and Rochelle Walton filed a lawsuit against city schools, Mitchell-Neilson Primary and art teacher Dedrick Messenger for a March 2008 alleged assault against their child, which resulted in the student needing medical and psychological treatment.

The Waltons are suing for emotional distress, personal injuries, medical expenses, and pain and suffering. They requested a jury trail and did not call for specific damages, other than punitive damages, attorney fees and court costs.

When the incident occurred, MPD Det. Wayne Lawson investigated the complaint and found the allegations to be unfounded, MPD spokesman Kyle Evans said.

“The child was being disruptive and unruly,” he said.

The incident was brought to the district attorney, who agreed with Lawson’s findings, Evans said.

At the time, the parents were informed about how to file criminal charges but declined, he added.

According to a civil complaint filed on March 31, Messenger assaulted the student when he pulled the child from underneath a desk and took him to the principal’s office.

Around March 19 of last year, Messenger was teaching an art class at the school and asked the student to remove an apple from the board. The student refused and hid under his desk.

Messenger asked the child to rise from his hiding space and the child refused.

“After refusing the request, the teacher by his own admission bent down and physically removed (the student) from under the desk,” the complaint states.

Messenger ‘pulled’ or ‘dragged’ the (student) from under the desk and threw him over his shoulder and took him to the principal’s office,” complaint continued.

Antwan Walton was then called and informed of the incident and told the student had an injury.

A police report of the incident said the child suffered a carpet burn on his back.

After the incident, the Waltons contacted MCS Director Marilyn Mathis, who apologized for the incident and agreed to withdraw the student was from art class. The child eventually transferred to another school with in the city school system.

Murfreesboro City Schools spokeswoman Cheryl Harris said she cannot comment on an on-going lawsuit.

According to city school board policy, students who commit minor misbehavior, which interferes with normal classroom procedures, could receive disciplinary action including a verbal reprimand, restricting activities or privileges, detention, or in-school suspension.

Michelle Willard can be contacted at 615-869-0816 or mwillard@murfreesboropost.com.