Kenneth Suttner wrongful death lawsuit sent back to circuit court

10 months 4 weeks 2 days ago Tuesday, October 16 2018 Oct 16, 2018 Tuesday, October 16, 2018 1:01:00 PM CDT October 16, 2018 in News
By: Abby Dodge, KOMU 8 News reporter and Steve Lambson, News Content Manager

JEFFERSON CITY - A federal judge sent the lawsuit over Kenneth Suttner's death back to circuit court on Friday after granting a motion to dismiss from the Howard County R-II school district.

“We have said from the beginning, the loss of any student, no matter the reason, including Kenneth Suttner, is a tragedy," said the school district's general council Tom Mickes. "It doesn’t make the tragedy any less tragic when other people’s lives are turned upside down.”

Angela Suttner, Kenneth's mother, filed the lawsuit in July, a year and a half after her son committed suicide. Angela Suttner said in her lawsuit Kenneth's death came as a result of bullying at school, including by district employees, because of his mental and physical disabilities. She also said the district didn't do enough to stop bullying against Kenneth or others.

The case went to federal court in August, but Judge Willie Epps, Jr. sent it back to Howard County court, saying Angela Suttner's case failed to state a claim.

“We believe that it failed to state claims under state law. We believe some of the claims are barred by the statue of limitations," Mickes said. "We believe that others are barred by sovereign immunity and others by individual immunity, so those are the legal issues that have to be sorted out in Howard County circuit.”

No date has been set for a next proceeding in Howard County. The school district plans to file a motion to dismiss all of the state claims within the next 30 days. 

Read Judge Epps' order here.

Harley Branham, a former manager at the Dairy Queen where Kenneth Suttner worked, faces charges of harassment and stalking. Prosecutors dropped a charge of involuntary manslaughter.

More News

Grid
List
COLUMBIA - The mother of one of the victims in Columbia's two weekend homicides described her daughter as "a really... More >>
1 hour ago Sunday, September 15 2019 Sep 15, 2019 Sunday, September 15, 2019 10:05:00 PM CDT September 15, 2019 in News
To start this climate conversation, we have to begin somewhere. So, let's start with the basics: the diference between weather... More >>
2 hours ago Sunday, September 15 2019 Sep 15, 2019 Sunday, September 15, 2019 8:45:00 PM CDT September 15, 2019 in Weather
JEFFERSON CITY - Three people died in a crash Sunday afternoon in Cole County while a driver fled from police... More >>
2 hours ago Sunday, September 15 2019 Sep 15, 2019 Sunday, September 15, 2019 8:39:00 PM CDT September 15, 2019 in Top Stories
BOONVILLE, Mo. (AP) — The family of a South Dakota woman who was found shot to death in Missouri last... More >>
8 hours ago Sunday, September 15 2019 Sep 15, 2019 Sunday, September 15, 2019 2:39:29 PM CDT September 15, 2019 in News
JEFFERSON CITY - Officers have taken a man into custody in relation to a shots fired incident on Sept. 3... More >>
1 day ago Saturday, September 14 2019 Sep 14, 2019 Saturday, September 14, 2019 9:51:00 PM CDT September 14, 2019 in News
JEFFERSON CITY - Officers responded to reports of a car crashing into a home in the 900 block of Sardonyx... More >>
1 day ago Saturday, September 14 2019 Sep 14, 2019 Saturday, September 14, 2019 9:45:00 PM CDT September 14, 2019 in News
JEFFERSON CITY - A truck crashed into the Ventura Townhome complex Saturday morning in relation to a domestic assault, according... More >>
1 day ago Saturday, September 14 2019 Sep 14, 2019 Saturday, September 14, 2019 5:20:00 PM CDT September 14, 2019 in News
JEFFERSON CITY - The 4th annual Tunnel to Towers 5K was held at the Governor's Garden on Saturday. This... More >>
1 day ago Saturday, September 14 2019 Sep 14, 2019 Saturday, September 14, 2019 4:29:00 PM CDT September 14, 2019 in News
JEFFERSON CITY — The Jefferson City Police Department announced its participation in the National Child Passenger Safety Week enforcement campaign... More >>
1 day ago Saturday, September 14 2019 Sep 14, 2019 Saturday, September 14, 2019 3:37:00 PM CDT September 14, 2019 in News
NEW LEBANON - For one group, New Lebanon's bicentennial celebration was a unification decades in the making. While researching her... More >>
1 day ago Saturday, September 14 2019 Sep 14, 2019 Saturday, September 14, 2019 3:07:00 PM CDT September 14, 2019 in News
JEFFERSON CITY, Mo. (AP) — The percentage of successful disability cases aimed at reversing the denial or re-evaluation of benefits... More >>
1 day ago Saturday, September 14 2019 Sep 14, 2019 Saturday, September 14, 2019 10:37:39 AM CDT September 14, 2019 in News
COLUMBIA - The Columbia Police Department is investigating two homicides after three people were shot Friday night. Officers said... More >>
1 day ago Saturday, September 14 2019 Sep 14, 2019 Saturday, September 14, 2019 3:04:00 AM CDT September 14, 2019 in News
COLUMBIA - Below are scores from football games around mid-Missouri. Final scores are in bold. ... More >>
2 days ago Friday, September 13 2019 Sep 13, 2019 Friday, September 13, 2019 6:32:00 PM CDT September 13, 2019 in Friday Night Fever
JEFFERSON CITY - A recent Facebook post showed grass clippings left out in Jefferson City. Many commented on the post... More >>
2 days ago Friday, September 13 2019 Sep 13, 2019 Friday, September 13, 2019 6:11:00 PM CDT September 13, 2019 in News
COLUMBIA - Columbia police and the city's Solid Waste Department will expand the search area in the Megan Shultz case.... More >>
2 days ago Friday, September 13 2019 Sep 13, 2019 Friday, September 13, 2019 4:44:00 PM CDT September 13, 2019 in News
JEFFERSON CITY - It's been nine months since Melissa Peskey's death, and the family together with the Missouri State Highway... More >>
2 days ago Friday, September 13 2019 Sep 13, 2019 Friday, September 13, 2019 4:15:00 PM CDT September 13, 2019 in News
JEFFERSON CITY – The Missouri Senate unanimously passed HB 1, which will allow the sales proceeds of more than one... More >>
2 days ago Friday, September 13 2019 Sep 13, 2019 Friday, September 13, 2019 3:54:00 PM CDT September 13, 2019 in News
SEDALIA - A boil water advisory has been expanded in the city of Sedalia. The city is expanding the... More >>
2 days ago Friday, September 13 2019 Sep 13, 2019 Friday, September 13, 2019 3:46:00 PM CDT September 13, 2019 in News
Columbia, MO
Broken Clouds 75°
12am 76°
1am 75°
2am 74°
3am 72°