Gagnon lawsuit against Manatee County School Board dismissed, but left open to be refiled

BRADENTON -- A judge has dismissed a lawsuit filed by a former Manatee County School District employee and his wife based on a technicality -- which leaves the case open to be amended and refiled.

Robert Gagnon, a former district administrator and principal at Manatee High School, and his wife, Melissa Gagnon, filed a defamation suit against the district and the Manatee County School Board earlier this year. The case arises from Gagnon's dismissal from the district during the Roderick Frazier child abuse case.

The Gagnons filed the defamation case against the school board and individually against then-Superintendent Rick Mills; Troy Pumphrey, district investigator at the time; former school board member Julie Aranibar; and school board member Karen Carpenter.

Last week Fred Moore, a lawyer representing Mills and the board, argued for dismissal in front of Circuit Court Judge John Lakin. John Romano represented the Gagnons.

Moore argued Gagnon had not followed proper protocol when filing the suit, and had not met the precedent conditions.

Lakin agreed and dismissed the suit but left it open to be amended, according to an order filed Thursday. School district lawyer Mitchell Teitelbaum said the order issued by Lakin was "well-reasoned."

"Any further pleadings served by the plaintiffs will

be evaluated on the merits," he said.

The dismissal does not apply to Aranibar or Carpenter, who filed separate motions to dismiss. Those motions have yet to be heard by a judge. Lawyers on behalf of Pumphrey have not yet filed a motion to dismiss, so Lakin's dismissal order does not apply to Pumphrey, either.

Moore also argued all statements alleged in the lawsuit would fall under the "orbit," or the job duties, of school board members.

In his order to dismiss, the judge agreed with the district's lawyer, writing the statements in the current version of the lawsuit do not fall out of the "orbit."

To refile, they would need stronger proof the board members, Mills and Pumphrey defamed Gagnon, based on the judge's order.

When reached Tuesday, Romano said he had briefly looked through the order.

"We definitely will be filing an amended complaint, and we definitely are going to pursue this matter to the end," he said.

Gagnon was acquitted in criminal court on charges related to the Frazier case. Gagnon was also cleared by an administrative judge, who said the district failed to show enough evidence Gagnon violated any law, rule or board policy.

The board has since reimbursed Gagnon for back pay and legal fees, but he has not regained any position within the district. Melissa Gagnon is an assistant principal at Braden River High School.

Aranibar lost her seat on the school board in November 2014 to Mary Cantrell.

Mills left his contract as superintendent and retired early. Mills was replaced by Diana Greene, who formerly served as the deputy superintendent of instruction.

Pumphrey was placed on administrative leave from the district in January after allegations he lied on his resume when applying to work in the district. His one-year contract with the district was not renewed and he is no longer employed by the district.

Pumphrey has filed his own lawsuit against the board and individually against board member Dave Miner.

In his suit, Pumphrey claims he was denied a promotion even though he was qualified, he has been discriminated against because he is black and his reputation has been irreparably damaged.

The district has also filed to dismiss Pumphrey's lawsuit, which was moved to federal court.

Meghin Delaney, education reporter, can be reached at 941-745-7081. Follow her on Twitter @MeghinDelaney.

This story was originally published July 8, 2015 at 12:00 AM with the headline "Gagnon lawsuit against Manatee County School Board dismissed, but left open to be refiled ."