Mother considering civil suit over principal's scuffle with son

Even though a judge dropped criminal charges against a veteran high school principal, the mother of his accuser told Channel 2 Action News she might consider a civil lawsuit.

A Fulton County magistrate judge dismissed a simple battery case against Chattahoochee High School principal Tim Duncan Thursday.

Calvin White, 13, accuses the principal of shoving him into a wall during an encounter at the school last September.

In court, White testified Duncan grabbed him "out of nowhere."

"I'm pushed against a wall, held against my will, and his hand's on my neck," White testified.

Duncan testified White was among several students he observed running through the hallway Sunday as volunteers set up for the Taste of Johns Creek event on the school grounds.

He said he was merely trying to stop them from hurting themselves or others.

"I don't believe I pushed him against the wall," Duncan testified.

In making her decision, Judge Victoria Moran cited a law that grants immunity to educators in situations like this.

Duncan's defense attoey, Vic Reynolds, told Channel 2's Mike Petchenik the law is designed to protect educators who intervene in situations, such as a fight, or to prevent a child from being hurt.

"That educator would have to prove in a court of law (he) was acting in good faith, wasn't picking on a student, didn't select someone out to do something to, and not only that, but (he) was doing something to maintain structure, discipline, safety in the school," said Reynolds.

White's mother, Theresa Thompson, told Petchenik she feels that "justice wasn't served" and that she believes Duncan got off on a technicality.

"My son could have seriously been hurt," Thompson said, adding that she's contemplating a civil lawsuit against Duncan.

Reynolds told Petchenik he didn't believe a civil lawsuit would go anywhere.

"I would argue very strongly there's no civil liability in this case whatsoever," he said.

Petchenik leaed that Duncan's defense was paid for by the Fulton County School system.

In an email, school spokeswoman Samantha Evans told Petchenik, "In situations like this where it's been determined that an employee has acted within the scope of their job, and there's no indication of wrongdoing, the district would support the employee, including legal representation."

Evans added that the system "takes all allegations made against staff very seriously. Human resources conducted an inteal investigation and did not find any improper conduct. While the charge against Duncan sounds serious, the actual event that took place was focused on keeping students safe. No one was hurt in this situation. Student safety will continue to be a priority for Fulton County Schools."