Authorize the School Board Attorney to Settle the case of Florida Families (“FFA”) and David Caton v. The School Board, Case Number 8:05-Cv-2045 (USDC, MDFla.) and Authorize the Board Chairman to Execute the Formal Settlement Document

FFA and Caton sued the Board alleging that the Board violated their First Amendment rights by “blocking” a mass e-mailing sent to Board members by FFA. The Court granted the Board’s motion for summary judgment, finding no issues of fact warranting a trial and no violation of law by the Board. The Court also awarded the Board the sum of $8,443.41, representing the court costs (for court reporter fees, copies and other expenses) incurred by the Board in defending the suit. The law did not provide a basis for the Board’s recovery of the greater sum incurred in attorney’s fees it paid to defend the lawsuit. FFA and Caton appealed the decision. Before incurring additional attorney’s fees to defend the appeal, the School Board attorney offered, contingent on Board approval, to settle the case by the Board waiving its right to collect the cost award in return for FFA and Caton dismissing the appeal and accepting the Court’s ruling. FFA and Caton agreed, provided that the Board promise not to sue them for malicious prosecution or any other matter involved in the prosecution of the lawsuit. The probability of the Board’s successful defense of the appeal is high. Approval of this settlement is nevertheless recommended because the legal fees the Board would incur to defend the appeal would far exceed the cost judgment and those fees will not be recoverable from the plaintiffs.

Not applicable

If the settlement is approved, the Board will forgo collection of $8,443.41, but it will not have to expend the far greater amount, which could exceed $20,000.00, which would have been spent to defend the appeal.