A response has been filed asking that a judge throw out the lawsuit against Casey County public school officials by five girls who claim to have been bullied at school — and that administrators did nothing to stop it.

The girls — Lacy Griffith, 18, and Nikki Rayborn, 18, both of whom have graduated; Bethany Buis, 16, a junior at Adair County High School; Rachel Weddle, 15, a sophomore at Russell County High School; and Charissa Gosser, 17, currently homebound — filed a lawsuit in Casey Circuit Court through Somerset attorney Brenda Popplewell, Prestonsburg attorney Ned Pillersdorf and Lebanon attorney Ted Lavit in July, seeking compensatory and punitive damages for alleged bullying experienced while at Casey County Middle School and Casey County High School.

According to the quintet of teenagers, their requests for help against the aggression were ignored — or even resulted in insults from school officials.

School officials said in their response that they were entitled to immunity as government officials and that they lacked sufficient knowledge of the allegations to respond to the suit.

In response to the plaintiffs’ claims, Pillersdorf filed a motion last Friday stating the case should not be dismissed because school officials can be sued in Circuit Court for negligent supervision and should not be immune.

Pillersdorf pointed to a Kentucky Supreme Court case where they reversed the trial court and held that negligent supervision claims are not barred by any type of immunity.

“Accordingly, there is no basis for the Defendant Clark alleging that she has immunity for this claim,” said the motion. “The basic premise for this duty is that a child is compelled to attend school so that the protective custody of the teachers is mandatory and substituted for that of the parent.”

The suit was filed against various administrators and teachers within the Casey County School system.

Parties in the case will be in Casey County Circuit Court for the first time tomorrow.

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