Mother Files Tort Claim Against MSD of Martinsville Over Teacher’s Conduct
A Martinsville mother, Brittany Fortinberry, filed a tort claim notice against the Metropolitan School District of Martinsville on March 21, 2025, alleging a high school teacher engaged in “physical violence and discrimination” against her child. The claim, filed through Wagner & Reese LLP, asserts the school district failed to adequately address concerns despite the student’s father raising the issue with school officials in January. Interim Superintendent Tim Cory confirmed the district is investigating the allegations but declined to comment on specifics of the pending legal matter. The tort claim initiates a 90-day window for the school district to respond before a potential lawsuit can be filed.
5 Key Points
- Brittany Fortinberry filed a tort claim on March 21 against MSD of Martinsville, alleging teacher misconduct toward her child.
- The claim describes incidents of “physical violence and discrimination” that allegedly occurred in early 2025.
- Fortinberry alleges school officials failed to address concerns after the student’s father reported issues in January.
- Interim Superintendent Tim Cory confirmed the district is investigating but declined further comment.
- The school district has 90 days to respond before Fortinberry can file a lawsuit.
What Specific Allegations Does The Tort Claim Contain?
The tort claim filed by Brittany Fortinberry against the Metropolitan School District of Martinsville outlines serious allegations of misconduct by a Martinsville High School teacher. According to the legal notice, the teacher allegedly engaged in “physical violence and discrimination” against Fortinberry’s child during interactions at the school in early 2025. The notice explicitly states, “We believe the Martinsville School District is responsible for both physical and psychological injury to this child.” While the specific incidents are not detailed in public documents, the tort claim indicates multiple interactions that allegedly resulted in both physical and emotional harm to the student. The claim suggests a pattern of behavior rather than an isolated incident, though the teacher has not been named publicly in available reports due to the ongoing investigation.
When Did School Officials Learn About The Alleged Misconduct?
According to the tort claim notice, school officials were made aware of the concerning situation in January 2025, when the student’s father approached administrators with specific complaints about the teacher’s behavior. Following this initial report, a meeting was arranged in February 2025 involving the school principal, the teacher, and the student’s father. Fortinberry’s legal claim asserts that despite this meeting and the raising of specific concerns, the school district failed to take appropriate action to address the situation or protect the student from further alleged mistreatment. This timeline of awareness and alleged inaction forms a central component of the legal claim, as it establishes the school district had been notified about potential misconduct but allegedly did not intervene effectively, contributing to the decision to pursue legal recourse.
What Legal Process Is Now Underway?
Filing the tort claim on March 21, 2025, initiated a specific legal timeline that both parties must now follow under Indiana law. The Metropolitan School District of Martinsville has 90 days to respond to the allegations, during which time they may investigate, deny the claim, or propose a settlement. Suppose the school district fails to resolve the matter satisfactorily within this 90-day window. In that case, Fortinberry and her attorneys at Wagner & Reese LLP will have 270 days from the original filing date to proceed with a formal lawsuit against the district. This pre-lawsuit notice requirement gives the school district an opportunity to address the claims before facing litigation, allowing for resolution without court proceedings. Interim Superintendent Tim Cory has acknowledged awareness of the allegations, stating that the district is “investigating the allegations” while declining further comment on the pending legal matter.
How Has The School District Responded To The Allegations?
The Metropolitan School District of Martinsville has taken a cautious approach in its public response to the tort claim. Interim Superintendent Tim Cory confirmed that the district is aware of the allegations and is actively investigating the claims but has declined to provide specific details about the investigation process or timeline. The district has not publicly identified the teacher involved or disclosed whether any administrative action has been taken toward the staff member while the investigation proceeds. This limited public response is typical in pending legal matters, where school districts must balance transparency with legal considerations and employee rights. The district now faces pressure to conduct a thorough investigation within the 90-day response window required by the tort claim process. Fortinberry could file a lawsuit if dissatisfied with the district’s response or proposed resolution.
What Impact Could This Case Have On School Policies?
The tort claim against MSD of Martinsville could influence how the district and other Indiana school systems handle reports of teacher misconduct. If Fortinberry’s allegations are substantiated, the case might prompt revisions to reporting mechanisms, investigation protocols, and response timelines when parents raise concerns about staff behavior. School districts typically examine their policies following such claims to identify potential gaps in their systems for addressing misconduct allegations. The case also highlights the critical importance of documentation and prompt response when parents report concerns about interactions between teachers and students. While the legal proceedings are still in the early stages, the public nature of the tort claim has already brought attention to the procedures schools employ when addressing serious allegations involving staff members and student welfare, potentially catalyzing policy review regardless of the outcome.
FAQ
Q: What specifically did Brittany Fortinberry allege in her tort claim against MSD of Martinsville?
A: Fortinberry alleged that a teacher engaged in “physical violence and discrimination” against her child, causing both physical and psychological injury.
Q: When did the alleged incidents at Martinsville High School occur?
A: According to the tort claim, the incidents occurred in early 2025, with concerns first raised to school officials in January 2025.
Q: Has the teacher accused of misconduct been identified publicly?
A: No, public reports have not identified the teacher, likely due to the ongoing investigation and pending legal proceedings.
Q: What happens after the 90-day response period for the school district?
A: If the matter is not resolved within 90 days, Fortinberry has 270 days from the original filing date to file a formal lawsuit against the district.
Q: During the investigation, is the teacher still working at Martinsville High School?
A: The source article does not specify whether the teacher has been placed on leave or remains in the classroom.
Q: What is a tort claim notice, and why is it required?
A: A tort claim notice is a required legal precursor to filing a lawsuit against a government entity in Indiana. It gives the entity (in this case, the school district) time to investigate and potentially resolve the matter before litigation.
Q: What specific damages is Fortinberry seeking in her claim?
A: The specific monetary damages being sought were not detailed in the source article, though tort claims typically seek compensation for physical, emotional, and other damages.
Citations
Kenney, K. (March 26, 2025). MSD of Martinsville warned of potential lawsuit. USA Today. https://www.usatoday.com/story/news/local/2025/03/26/msd-of-martinsville-warned-of-potential-lawsuit-brittany-fortinberry-wagner-reese-tort-claim-teacher/82673775007/
