PLAIN DEALING, LA (KSLA) - A Bossier family thought they'd gotten the justice they were seeking with their civil suit against the school board over a beating on a local school campus, but now it seems the battle isn't over.
"The family wants peace, they've been ready to put this behind them for quite some time," said Adam Savoie, one the Brammer's attorneys.
Last year, the family of a student sued the Bossier Parish School Board, claiming school leaders at a Plain Dealing elementary school failed to head off a playground fight that happened the year before in 2012 when their son was 10-years-old.
The family says the child's arm was broken after being attacked by 3 other students.
A jury sided with the family in September, and ordered the district to pay the Brammer family $162,674.13 in damages and losses plus $4,110.50 in costs, totaling the amount owed to $166,784.63.
Now the BPSB is submitting a motion to the courts, essentially asking the judge to not accept the jury's decision.
"It is really unfortunate the Bossier Parish School Board has decided they would rather spend tax payer dollars playing lawyer games, than actually give the family the peace that they deserve," said Savoie.
With the motion, the judge can either support what the jury decided, reduce the amount of money the school district owes the family, or he can place the fault on other parties, including the now 12-year-old boy whose arm was broken.
"What I find ironic in this situation is the school board, who asked for this case to be heard by a jury of Bossier Parish Citizens, that jury spoke for the community, they made a decision," said Savoie.
"Now the Bossier Parish School Board doesn't like it and now they want the judge to change his mind," he added.
The board's attorney Roland McKneely III, tells KSLA News 12, he can't go into detail about what relief they want from the court..
But court documents reveal, the board feels the jury "did not apply the law to the facts of this case". They call the $166,784.63 award "excessive, abusively high, and inconsistent with Louisiana Law."
The motion also encourages the judge to rule that neither the board or the teacher was liable for the boy's injuries.
"It means we sat in trial for two days and 12 members of the Bossier Parish community heard the evidence, they heard the testimony, they heard the arguments, they made a decision and they spoke with one unanimous voice," said Savoie.
"The Bossier Parish School Board, through their attorney, has decided that voice is wrong, they want the judge to fix what the community said," he added.
In the motion's conclusion, the board's attorney writes that if the judge upholds the jury's verdict it would mean that it would be "tantamount to making the school board the insurer of the safety of the children."
But Savoie says the jury does believe schools are responsible for their children's safety, "they all agreed, that when they drop their own kids off at school, they can no longer look after those children. The school board, the teachers, the principals, the educators, they all have the obligation, to some extent, to maintain their safety, and to look out for the safety of those children."
A judge will hear arguments from both sides on February 9, 2015. If the judge turns down this motion, McKneely says the Bossier Parish School Board plans to file an appeal.