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COVID-19 case against NACS whittled to four remaining counts

Northwest Allen County Schools (NACS)
Northwest Allen County Schools (NACS)(WPTA)
Published: Mar. 31, 2022 at 2:29 PM EDT
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FORT WAYNE, Ind. (WPTA) - A judge this week granted a plaintiffs’ request and dismissed portions of a COVID-19 policy-focused lawsuit against Northwest Allen County Schools and other parties, and removed Indiana’s governor from the proceedings.

Court records show that Superior Court Judge David Avery issued the dismissal order on Monday, removing five claims from the legal proceedings. Those counts focused on allegations that the school system violated Indiana’s Emergency Disaster Management Law, the Distribution of Powers Clause, Religious Exemption Statute, Religious Freedom Restoration Act and Equal Privileges and Immunities Clause.

Attorneys for the plaintiff moved to have those counts dropped, citing the “current status of COVID-19 restrictions... and the Court’s resources.” Avery also agreed to a request to remove Gov. Eric Holcomb and Tanya Pickett, a school administrator, from the case.

Still alive are four counts that involve quarantine laws and contact tracing, and allegations that NACS violated student rights when it implemented its COVID-19 policies. The district late last year sought dismissal of the matter in its entirety. Avery declined to take that action.

A hearing that was to take place on Thursday was canceled by Avery and the Court calendar shows the next appearance set for July 20.

The lawsuit was brought by Chris and Natalie Forbing, Michael Bell, Jacquelyn and Eric Christman and Andrew Frisinger on behalf of their children.

Judge David Avery dismissed several counts in a lawsuit focused on Northwest Allen County...
Judge David Avery dismissed several counts in a lawsuit focused on Northwest Allen County Schools COVID-19 policies.(WPTA)

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