Fired coach, SP reach settlement in 2012 lawsuit 12/20/2013
Published 12:00 am Friday, December 20, 2013
By Rupert Howell
A lawsuit against South Panola School District and former administrators was settled out of court Tuesday night after two days of testimony in front of judge and jury in North Mississippi Federal Court in Oxford. Details of the settlement are sealed and unavailable.
Former assistant football coach and science teacher Mark Weaver originally sought damages for breach of contract and malicious interference with his contract after he was discharged from the high school in 2012.
Named in the suit with the school district were former superintendent Keith Shaffer and former SP High School principal Tim Fowler, who were both employed by the district at the time of Weaver’s termination.
School board attorney Colmon Mitchell said a resolution was reached “on up in the night,” Tuesday with no admission of liability by either the district or the former principal and superintendent.
School trustees gave approval during Tuesday’s regular meeting when they went into executive session to discuss the then proposed settlement with Mitchell over the phone.
In July of 2012 School trustees voted 4-1 during executive session not to rehire the longtime coach and teacher after a request from Weaver to reinstate him and to facilitate an apology from Superintendent Shaffer and Principal Tim Fowler for his dismissal.
The case was being defended by the district’s insurance company’s attorney David A. Prather of Ford and Harrleson LLP of Memphis. U.S. Judge Michael P. Mills heard the case.
Weaver’s suit claimed that he was terminated due to alleged hostility toward the football coaching staff by administrators and that his civil rights were violated when he was terminated three days after expressing his opinion concerning a change in the school’s class scheduling.
The civil rights violation claim came due to another employee being cited for a similar charge but who was “non-renewed” at the end of a yearly contract rather than fired immediately like Weaver.
School records indicated Weaver was terminated due to “inappropriate interaction” with a student — a claim that Weaver’s suit states was “a routine disciplinary incident.”
Weaver was represented by Jim Waide and Associates of Tupelo.