Hearing conducted in Peterson bullying suit against the Dougherty County School System

ALBANY — Dougherty County Superior Court Judge Stephen Goss held a status conference hearing Monday to clear up who was representing Manswell Peterson in his long-running bullying lawsuit against the Dougherty County School Board, the school system, and three Westover High School boys’ basketball coaches.

Peterson attorney Samia P. Giddings filed the original suit in September of last year after Peterson alleged what he believed to be a bullying incident at a basketball camp in Tallahassee, Fla., involving his son and six members of the Westover basketball team. Peterson’s son was then a member of the team.

The coaches named in the suit are Westover head coach Dallis Smith, assistants Derek Pace and Torie Clemons, and volunteer chaperone Fred Pickett.

The plaintiffs, Peterson, his wife LaTonya and mother of the child Joyce Mitchell, originally asked for $8 million in damages, contending the coaches negligently supervised the students on the trip, resulting in Peterson’s son being bullied and harassed by other members of the team. Peterson further alleges that the bullying suffered by his son caused him significant emotional problems and resulted in his transfer to a private school.

Peterson has since reduced the amount of damages sought to nearly $900,000.

In September of this year, the school system filed a motion in Dougherty Superior Court asking for a summary judgment to dismiss suit. Peterson then filed his own motion for summary judgment in the plaintiffs’ favor. On Monday, Goss asked if the plaintiffs were still being represented by Giddings.

Peterson replied in the affirmative. Goss then advised Peterson he could represent himself in the suit , but not the other two plantiffs because he was not an attorney. Goss instructed Peterson to have Giddings file future paperwork with the court.

In the motion to dismiss filed with Goss, school system attorney Flin Coleman asserted the School Board is not an entity with the capacity to sue or be sued; the DCSS is arguing protection under sovereign immunity, and that the immunity extends to coaches and volunteers. Peterson is claiming that sovereign immunity does not apply in the case.

Goss has not ruled on the competing motions, nor did he give any indication of when he might reach a decision.