Vick vs. Jefferson County Board of Education Ordered to Mediation

A hearing was held March 19, 2013 in Hawkins County Circuit Court with the Judge Tom Wright presiding. Judge Wright was assigned the case after Judge Telford Forgety recused himself. Attorney Jonathan Taylor of Taylor and Knight, Knoxville, TN represented JCBOE at the hearing. He requested a summary judgment for the school board arguing that the director of schools then Dr. Archie Bone had the right to demoted Dr. Vick on June 18, 2009. Dr. Bone resigned and moved back to Alabama June 30, 2009 twelve days after demoting Dr. Vick. Summary judgment in favor of the JCBOE would have dismissed the case. Dr. Vick represented himself at the hearing and argued for a summary judgment in his favor. The attorney for JCBOE asked that the summary judgment for Dr. Vick be denied because Tennessee Rules of Civil Procedures 56 and 56.03 had not been followed when Dr. Vick’s previous attorney had initially asked for summary judgment.

After hearing argument from both sides, Judge Wright denied summary judgment to either side. Judge Wright denied the JCBOE request because the defendant was unable to prove the demotion was done for the efficient operation of the school system and JCBOE failed to prove Dr. Bone’s action was not arbitrary and capacious. Dr. Vick’s request for summary judgment was denied due to the failure to follow Tennessee Rules of Civil Procedures 56 and 56.03. The judge ordered the sides to mediation within the next 90 days, if a settlement is not reach, the case will go to trial.