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Birmingham BOE lawyers want Courtlin Arrington wrongful death lawsuit dismissed
WVTM 13 Digital
Birmingham BOE lawyers want Courtlin Arrington wrongful death lawsuit dismissed
TODAY LAWYERS FOR THE BIRMINGHAM BOARD OF EDUCATION ASKING A JUDGE TO DISMISS A WRONGFUL DEATH LAWSUIT FILED BY THE FAMILY OF A ’COURTLIN ARRINGTON.’ THE HUFFMAN HIGH STUDENT WAS SHOT AND KILLED IN 2018. OFFICIALS SAY ’MICHAEL BARBER’ GUN WENT OFF GUN KILLING ARRINGTON INSIDE A CLASSROOM. ATTORNEY’S FOR ARRINGTON’S FAMILY NOT AT ALL IN FAVOR OF THE DISMISSAL. THEY WANT SOMEONE TO BE HELD ACCOUNTABLE FOR ARRINGTON’S DEATH. >> WE WOULD LIKE TO SEE THIS NEVER HAPPEN AGAIN. WE DON’T WANT TO HAVE TO COME DOWN HERE TO MAKE SURE THAT THESE FOLKS FOLLOW THEIR OWN RULES. >> IF THE JUDGE DOES NOT DISMI
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Birmingham BOE lawyers want Courtlin Arrington wrongful death lawsuit dismissed
WVTM 13 Digital
Lawyers for the Birmingham Board of Education are asking a Jefferson County Circuit Court Judge to dismiss the wrongful death lawsuit filed by the family of Courtlin Arrington, the 17-year-old who was shot and killed in a classroom at Huffman High School in 2018. Learn more in the video above.A motion to dismiss the suit was filed ahead of the Aug. 22 jury trial. A hearing is being held Wednesday afternoon in Judge Marshell Jackson Hatcher’s courtroom. Get the WVTM 13 app for updates on this hearing.On Marcy 7, 2018, and just weeks away from her high school graduation, Arrington was fatally shot in class. The aspiring nurse was planning to continue her education and had already been accepted into college. An 18-year-old classmate, Michael Barber, was charged in the shooting and convicted of criminally negligent homicide in 2019. He was sentenced to a year in the Jefferson County Jail. Arrington's mother, Tynesha Tatum, hired attorney Courtney French and a wrongful death lawsuit was filed against the school system and administrators on May 15, 2018. French claims there is "overwhelming evidence" that Birmingham City Schools leadership failed to protect students including Arrington. The lawsuit alleges that former Birmingham City Schools Superintendent Dr. Lisa Herring and Huffman High School Principal, John C. Lyons failed to provide adequate security and safety precautions for students at Huffman High School.According to the civil lawsuit, “Huffman High School had earlier incidents involving possession of guns inside and outside of the school, threats of gun violence and shootings.”The complaint also says, “a student was able to retrieve a loaded gun from a vehicle during school hours, telephone a student to let him into the school through a side door and was able to walk around the school, going into and out of classrooms at will, with a loaded handgun stuck in his shorts. This was approximately one week after an armed intruder was apprehended in the Huffman High School auditorium and within three months of a gun being found in another student's book bag inside the school.”Lawyers for Birmingham City Schools stated in their motion that neither Huffman High School Principal Dr. John Lyons nor former Superintendent Dr. Lisa Herring knew Barber had entered the school with a gun prior to the fatal shooting of Arrington."Mr. Barber’s criminal actions were the proximate cause of Ms. Arrington’s death," defense lawyers said. "Plaintiffs’ arguments that the Board policies and rules imposed on every Board employee the duty to protect others from the criminal acts of a third party is not supported by the evidence. Both Dr. Herring and Dr. Lyons testified that they are not the guarantor of the safety of the students enrolled in the Birmingham City school system. Further, the safety and security of students at HHS is a shared responsibility between students, faculty, administrators and parents."Lawyers said claims by Kenneth Trump, the plaintiff's expert witness and president of National School Safety and Security Services, that the fatal shooting was a result of school leaders violating safety policies and practices required by the board was "pure speculation." "Mr. Trump fails to specify even one safety practice which he claims was required and would have prevented Michael Barber’s criminally negligent shooting of Courtlin Arrington," defense lawyers stated in their motion. "The evidence is clear that: the door in the back of the stairwell used by Michael Barber was locked from the outside; the Board did not provide HHS with enough metal detectors for each of HHS’s 41 doors to the outside; when Mr. Barber re-entered HHS through the same door students were changing classes; and Michael Barber never informed any Board employee that he had a gun inside HHS on March 7, 2018. While HHS has surveillance cameras, there is no evidence that a camera was pointed at the side door used by Mr. Barber such that his entering and leaving the school was caught on video footage. Further, no Board policy existed in March 2018 which required a high school principal, like Dr. Lyons, to monitor school security cameras throughout the school day.”"Further, the plaintiffs’ expert witness’ conclusion that the alleged violation of policies more likely than not resulted in Ms. Arrington’s death is pure speculation," the defense added. "Summary judgment cannot be prevented by mere conclusory allegations, speculation, or conjecture that a fact issue exists.”
BIRMINGHAM, Ala. —

Lawyers for the Birmingham Board of Education are asking a Jefferson County Circuit Court Judge to dismiss the wrongful death lawsuit filed by the family of Courtlin Arrington, the 17-year-old who was shot and killed in a classroom at Huffman High School in 2018. Learn more in the video above.

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A motion to dismiss the suit was filed ahead of the Aug. 22 jury trial. A hearing is being held Wednesday afternoon in Judge Marshell Jackson Hatcher’s courtroom. Get the WVTM 13 app for updates on this hearing.

On Marcy 7, 2018, and just weeks away from her high school graduation, Arrington was fatally shot in class. The aspiring nurse was planning to continue her education and had already been accepted into college.

An 18-year-old classmate, Michael Barber, was charged in the shooting and convicted of criminally negligent homicide in 2019. He was sentenced to a year in the Jefferson County Jail.

Arrington's mother, Tynesha Tatum, hired attorney Courtney French and a wrongful death lawsuit was filed against the school system and administrators on May 15, 2018. French claims there is "overwhelming evidence" that Birmingham City Schools leadership failed to protect students including Arrington.

The lawsuit alleges that former Birmingham City Schools Superintendent Dr. Lisa Herring and Huffman High School Principal, John C. Lyons failed to provide adequate security and safety precautions for students at Huffman High School.

According to the civil lawsuit, “Huffman High School had earlier incidents involving possession of guns inside and outside of the school, threats of gun violence and shootings.”

The complaint also says, “a student was able to retrieve a loaded gun from a vehicle during school hours, telephone a student to let him into the school through a side door and was able to walk around the school, going into and out of classrooms at will, with a loaded handgun stuck in his shorts. This was approximately one week after an armed intruder was apprehended in the Huffman High School auditorium and within three months of a gun being found in another student's book bag inside the school.”

Lawyers for Birmingham City Schools stated in their motion that neither Huffman High School Principal Dr. John Lyons nor former Superintendent Dr. Lisa Herring knew Barber had entered the school with a gun prior to the fatal shooting of Arrington.

"Mr. Barber’s criminal actions were the proximate cause of Ms. Arrington’s death," defense lawyers said. "Plaintiffs’ arguments that the Board policies and rules imposed on every Board employee the duty to protect others from the criminal acts of a third party is not supported by the evidence. Both Dr. Herring and Dr. Lyons testified that they are not the guarantor of the safety of the students enrolled in the Birmingham City school system. Further, the safety and security of students at HHS is a shared responsibility between students, faculty, administrators and parents."

Lawyers said claims by Kenneth Trump, the plaintiff's expert witness and president of National School Safety and Security Services, that the fatal shooting was a result of school leaders violating safety policies and practices required by the board was "pure speculation."

"Mr. Trump fails to specify even one safety practice which he claims was required and would have prevented Michael Barber’s criminally negligent shooting of Courtlin Arrington," defense lawyers stated in their motion. "The evidence is clear that: the door in the back of the stairwell used by Michael Barber was locked from the outside; the Board did not provide HHS with enough metal detectors for each of HHS’s 41 doors to the outside; when Mr. Barber re-entered HHS through the same door students were changing classes; and Michael Barber never informed any Board employee that he had a gun inside HHS on March 7, 2018. While HHS has surveillance cameras, there is no evidence that a camera was pointed at the side door used by Mr. Barber such that his entering and leaving the school was caught on video footage. Further, no Board policy existed in March 2018 which required a high school principal, like Dr. Lyons, to monitor school security cameras throughout the school day.”

"Further, the plaintiffs’ expert witness’ conclusion that the alleged violation of policies more likely than not resulted in Ms. Arrington’s death is pure speculation," the defense added. "Summary judgment cannot be prevented by mere conclusory allegations, speculation, or conjecture that a fact issue exists.”