Carmel Accuser Takes First Step Toward Lawsuit
School district has till end of July to answer claim of wrongdoing in hazing case
By Eric Berman (eric@wibc.com) @WIBC_Eric Berman
4/28/2010
The family of a Carmel 15-year-old who's accused three basketball players of assaulting him has taken the first step toward suing the school district.
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Indianapolis attorney Robert Turner has sent the Carmel-Clay Schools a "notice of tort claim" on the student's behalf. That's a required step in Indiana before you can take a government entity to court.
The student has two years to file an actual lawsuit. The school system's deadline is sooner than that: the district must approve, settle or deny the claim within three months.
Carmel-Clay attorney David Day is declining comment, other than to say he's passed along the notice to school administrators.
The case stems from an incident said to have taken place on the basketball team bus, on the way home from a game at South Vigo on January 22. Carmel police have released only a heavily blacked-out version of the police report, which indicates investigators are looking at the incident as a potential case of confinement, battery, or sexual deviate conduct.
Hendricks County prosecutors have been reviewing whether criminal charges are warranted. A Hamilton County grand jury is believed to be hearing evidence in both that case and a separate claim of an earlier hazing incident in the Carmel High School locker room.