Despite this awareness, the district failed to preserve a range of crucial documents, including electronic records, teachers’ emails, and meeting agendas addressing the school’s bullying concerns.
Judge’s Assessment
Judge Cheesbro acknowledged that Tucker’s knowledge of the impending lawsuit should have been imputed to the school district. However, he noted that while some records were lost or corrupted, others were not shown to be detrimental to Kohn’s case.
He emphasized the need for further exploration of the issue during discovery, leaving the door open for additional sanctions if warranted.
Georgia School District Sanctioned Over Missing Records : Next Steps
In light of the limitations on sanctionable actions, Judge Cheesbro has given Kohn 21 days to propose alternative remedies for the court’s consideration.
Representatives for both parties were not immediately available for comment following the ruling.
Legal Representation
Kohn is represented by Morrison Waite Thomas and Joseph R. Odachowski of Taylor Odachowski Schmidt & Crossland LLC.
