Kenneth Suttner wrongful death lawsuit sent back to circuit court

3 months 1 day 17 hours 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
JEFFERSON CITY (AP) — A Missouri appeals court says a lower court judge was wrong to order a woman to... More >>
12 minutes ago Thursday, January 17 2019 Jan 17, 2019 Thursday, January 17, 2019 12:34:00 PM CST January 17, 2019 in News
KANSAS CITY (AP) — A Kansas City couple claims in a federal lawsuit that state requirements for foster parents who... More >>
34 minutes ago Thursday, January 17 2019 Jan 17, 2019 Thursday, January 17, 2019 12:12:00 PM CST January 17, 2019 in News
JEFFERSON CITY – There are 28 more deer from 11 Missouri counties that have chronic wasting disease (CWD), according to... More >>
2 hours ago Thursday, January 17 2019 Jan 17, 2019 Thursday, January 17, 2019 10:45:00 AM CST January 17, 2019 in News
ST. LOUIS (AP) — Sen. Josh Hawley plans to move his family to a suburb of Washington D.C., but will... More >>
2 hours ago Thursday, January 17 2019 Jan 17, 2019 Thursday, January 17, 2019 10:04:00 AM CST January 17, 2019 in News
COLUMBIA – As the partial government shutdown continues in Washington, Heart of Missouri United Way is stepping up to help... More >>
3 hours ago Thursday, January 17 2019 Jan 17, 2019 Thursday, January 17, 2019 9:12:00 AM CST January 17, 2019 in News
COLUMBIA -- Police confirmed one man was shot and killed early Thursday morning. In a press release, CPD said... More >>
6 hours ago Thursday, January 17 2019 Jan 17, 2019 Thursday, January 17, 2019 6:21:00 AM CST January 17, 2019 in News
JEFFERSON CITY, Mo. (AP) — The Latest on Missouri Gov. Mike Parson's budget and State of the State address Wednesday... More >>
14 hours ago Wednesday, January 16 2019 Jan 16, 2019 Wednesday, January 16, 2019 9:55:00 PM CST January 16, 2019 in News
JEFFERSON CITY, Mo. (AP) — Missouri Gov. Mike Parson is proposing a $351 million bond to repair or replace 250... More >>
15 hours ago Wednesday, January 16 2019 Jan 16, 2019 Wednesday, January 16, 2019 9:29:00 PM CST January 16, 2019 in News
Watch KOMU 8 newscasts and download the KOMU WX app for live coverage and alerts. COLUMBIA - Another winter... More >>
17 hours ago Wednesday, January 16 2019 Jan 16, 2019 Wednesday, January 16, 2019 7:23:00 PM CST January 16, 2019 in Weather
COLUMBIA- Lately, mid-Missourians have had the chance to build a snowman or go sledding and then eventually warm up next... More >>
17 hours ago Wednesday, January 16 2019 Jan 16, 2019 Wednesday, January 16, 2019 7:08:00 PM CST January 16, 2019 in News
COLUMBIA – An expert warns that two snow events, one after the other, may affect your roof. Although city... More >>
18 hours ago Wednesday, January 16 2019 Jan 16, 2019 Wednesday, January 16, 2019 6:38:00 PM CST January 16, 2019 in News
ST. LOUIS (AP) — The man killed after allegedly shooting at St. Louis detectives was facing charges for shooting a... More >>
19 hours ago Wednesday, January 16 2019 Jan 16, 2019 Wednesday, January 16, 2019 5:15:00 PM CST January 16, 2019 in News
SPRINGFIELD (AP) — A former student alleges in a lawsuit that Drury University didn't protect her after she was sexually... More >>
19 hours ago Wednesday, January 16 2019 Jan 16, 2019 Wednesday, January 16, 2019 5:06:00 PM CST January 16, 2019 in News
COLUMBIA - The friend of a man killed on Sarazen Drive over the weekend says investigators told him John Albers... More >>
21 hours ago Wednesday, January 16 2019 Jan 16, 2019 Wednesday, January 16, 2019 3:46:00 PM CST January 16, 2019 in News
KANSAS CITY (AP) — A University of Missouri-Kansas City professor has resigned after being accused of coercing foreign graduate students... More >>
22 hours ago Wednesday, January 16 2019 Jan 16, 2019 Wednesday, January 16, 2019 2:46:00 PM CST January 16, 2019 in News
SPRINGFIELD — A Missouri health provider will have to pay tens of millions of dollars to a former patient... More >>
23 hours ago Wednesday, January 16 2019 Jan 16, 2019 Wednesday, January 16, 2019 1:13:00 PM CST January 16, 2019 in News
COLUMBIA - Applications are now available for a giveaway designed to provide computers for low-income families. The city relinquishes... More >>
1 day ago Wednesday, January 16 2019 Jan 16, 2019 Wednesday, January 16, 2019 12:26:00 PM CST January 16, 2019 in News
JEFFERSON CITY - Attorney general Eric Schmitt announced a settlement with Fiat Chrysler and auto parts supplier Bosch over unlawful... More >>
1 day ago Wednesday, January 16 2019 Jan 16, 2019 Wednesday, January 16, 2019 11:05:00 AM CST January 16, 2019 in News
Columbia, MO
Broken Clouds 36°
1pm 35°
2pm 35°
3pm 35°
4pm 35°