Kenneth Suttner wrongful death lawsuit sent back to circuit court

1 year 9 months 3 weeks 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
MEXICO - One 17 year-old died and another was hurt after they were shot during a fight Wednesday night. ... More >>
14 hours ago Thursday, August 06 2020 Aug 6, 2020 Thursday, August 06, 2020 8:12:00 AM CDT August 06, 2020 in News
COLUMBIA – Thursday, small businesses can attend a meeting to learn how to apply for loans from the city. ... More >>
18 hours ago Thursday, August 06 2020 Aug 6, 2020 Thursday, August 06, 2020 4:30:00 AM CDT August 06, 2020 in News
COLUMBIA - Following Tuesday's school board meeting, Columbia Public Schools' Superintendent Peter Stiepleman talked with KOMU 8's Emily Spain about... More >>
1 day ago Wednesday, August 05 2020 Aug 5, 2020 Wednesday, August 05, 2020 8:25:00 PM CDT August 05, 2020 in News
COLUMBIA — It's been almost one month since Columbia residents were told their recycling would no longer be picked up... More >>
1 day ago Wednesday, August 05 2020 Aug 5, 2020 Wednesday, August 05, 2020 6:36:00 PM CDT August 05, 2020 in News
JEFFERSON CITY — The Senate Committee on Transportation, Infrastructure, and Public Safety voted to approve a bill (SB1) to address... More >>
1 day ago Wednesday, August 05 2020 Aug 5, 2020 Wednesday, August 05, 2020 5:35:00 PM CDT August 05, 2020 in News
COLUMBIA— The Missouri State High School Activities Association has given fully online schools the opportunity to compete within in-person activities.... More >>
1 day ago Wednesday, August 05 2020 Aug 5, 2020 Wednesday, August 05, 2020 4:58:00 PM CDT August 05, 2020 in News
1 day ago Wednesday, August 05 2020 Aug 5, 2020 Wednesday, August 05, 2020 4:41:17 PM CDT August 05, 2020 in News
JEFFERSON CITY — Less than 24 hours after securing the Republican nomination for governor, Mike Parson gave a media briefing... More >>
1 day ago Wednesday, August 05 2020 Aug 5, 2020 Wednesday, August 05, 2020 4:39:00 PM CDT August 05, 2020 in News
COLUMBIA —The University of Missouri has announced a new temporary program that does not require standardized testing for all first-time... More >>
1 day ago Wednesday, August 05 2020 Aug 5, 2020 Wednesday, August 05, 2020 3:03:00 PM CDT August 05, 2020 in News
COLUMBIA — Amendment 2, which greatly expands Medicaid eligibility in Missouri, passed Tuesday night. But the next steps are more... More >>
1 day ago Wednesday, August 05 2020 Aug 5, 2020 Wednesday, August 05, 2020 2:13:00 PM CDT August 05, 2020 in News
COLUMBIA — Truman's Bar and Grill was issued a formal citation from Columbia's municipal court for violating the recent social... More >>
1 day ago Wednesday, August 05 2020 Aug 5, 2020 Wednesday, August 05, 2020 12:57:30 PM CDT August 05, 2020 in News
As COVID-19 continues to spread, KOMU 8 will continue to update you about impacts in the community. You can... More >>
1 day ago Wednesday, August 05 2020 Aug 5, 2020 Wednesday, August 05, 2020 11:30:00 AM CDT August 05, 2020 in News
FULTON — Leaders from across Callaway County met in Fulton on Wednesday to present a unified message regarding COVID-19. ... More >>
1 day ago Wednesday, August 05 2020 Aug 5, 2020 Wednesday, August 05, 2020 10:59:00 AM CDT August 05, 2020 in News
(CNN) -- Vitamin D is known as the "sunshine vitamin" because your body absorbs the nutrient primarily through exposure to... More >>
1 day ago Wednesday, August 05 2020 Aug 5, 2020 Wednesday, August 05, 2020 10:40:06 AM CDT August 05, 2020 in A Brighter Tomorrow
( Missourian ) - The Columbia School Board is considering delaying the district’s start date to after Labor Day... More >>
1 day ago Wednesday, August 05 2020 Aug 5, 2020 Wednesday, August 05, 2020 10:28:11 AM CDT August 05, 2020 in News
JEFFERSON CITY - The registration process for students is changing while students also change their classes for the fall semester.... More >>
1 day ago Wednesday, August 05 2020 Aug 5, 2020 Wednesday, August 05, 2020 10:00:00 AM CDT August 05, 2020 in News
JEFFERSON CITY — Current Missouri Governor Mike Parson will be on the ballot in November after securing the Republican nomination... More >>
2 days ago Tuesday, August 04 2020 Aug 4, 2020 Tuesday, August 04, 2020 10:45:00 PM CDT August 04, 2020 in News
COLUMBIA— Missourians voted to expand Medicaid eligibility, according to reporting from the Associated Press. The State Auditor’s Office estimated... More >>
2 days ago Tuesday, August 04 2020 Aug 4, 2020 Tuesday, August 04, 2020 10:22:00 PM CDT August 04, 2020 in News
Columbia, MO
Broken Clouds 71°
11pm 71°
12am 71°
1am 70°
2am 69°