On Behalf of Concerned Parents, Everytown Law Challenges Ohio School District Policy Arming School Staff With Minimal Training in Violation of State Law

March 25, 2019

BUTLER COUNTY, Ohio – Everytown Law represents a group of parents in a lawsuit challenging a decision of the Madison Local School District Board of Education, in Butler County, Ohio, to arm school employees with minimal training.

Plaintiffs are five concerned parents with a collective 12 children in Madison schools. They filed suit in September 2018 after the Board declined to provide information about its armed staff policy and its plan to manage risks associated with arming staff. The lawsuit seeks to enjoin the district’s armed staff policy as a violation of Ohio Revised Code section 109.79(D), which forbids public schools from employing someone “as a special police officer, security guard, or other position in which such person goes armed while on duty” unless they complete an approved basic peace officer training program or have 20 years’ experience as a peace officer. The lawsuit also seeks to compel disclosure of public records relating to Madison’s armed staff program, including its policies for evaluating and training armed staff, the rules governing their possession and use of firearms while on school property, and the standards for determining when to revoke their authorization to go armed at school.

After the plaintiffs moved for a preliminary injunction, the court consolidated this motion with a trial on the merits and ordered the parties to expedite discovery. Lawyers from Everytown Law deposed eight witnesses from the district, including the Superintendent, the Board President, other Board members, and armed staff. Among other things, discovery confirmed the plaintiffs’ fear that Madison’s armed staff receive only a single long weekend of training, rather than the professional course administered to the state’s peace officers. It also exposed several critical deficiencies in Madison’s armed staff program, including that the district has no written rules of engagement for armed staff and that the Board did not follow the protocol that it communicated to the school community.

Following discovery, the parties cross-moved for summary judgment, and the defendants moved for a protective order to prevent public disclosure of certain documents and testimony obtained during discovery. The Butler County Court of Common Pleas rejected the defendants’ request to seal the district’s firearms authorization policy and related evidence, but ruled that the psychological evaluations of the armed staff must be sealed. After a hearing, the court on February 28, 2019, granted summary judgment to defendants, ruling that Ohio law only requires eight hours of concealed carry training for staff who carry concealed guns in school. On March 26, 2019, Plaintiffs appealed that ruling to Ohio’s 12th District Court of Appeals, along with the ruling sealing the psychological evaluations from public access.

Complaint (September 12, 2018)  

Deposition of John Doe 1, armed staff member (January 12, 2019)  

Deposition of John Doe 2, armed staff member (January 12, 2019)  

Deposition of John Doe 3, armed staff member (January 12, 2019)  

Plaintiffs Summary Judgment Exhibits (February 1, 2019)  

Plaintiffs’ Supplemental Summary Judgment Exhibits (February 11, 2019)  

Protective Order (February 22, 2019)  

Hearing Transcript (February 25, 2019)  

Plaintiffs’ Motion for Summary Judgment (February 28, 2019)  

Plaintiffs’ Opposition to Cross-Motion for Summary Judgment (February 28, 2019)  

Summary Judgment Order (February 28, 2019)  

Deposition of Carl David French, Board President (March 7, 2019)  

Deposition of Dr. Paul Jennewine, Board Member (March 7, 2019)  

Deposition of Pete Robinson, Board Member (March 7, 2019)  

Deposition of Dr. Lisa Tuttle-Huff, Superintendent (March 7, 2019)  

Deposition of Deputy Kent Hall, School Resource Officer (March 7, 2019)  

Brief of Erin Gabbard et al. (June 14, 2019)  

Brief for Professor Peter M. Shane as Amicus Curiae (June 14, 2019)  

Amici Curiae Brief of Experts in School Safety & Firearms Training (June 14, 2019)  

Brief of the Attorney General (July 11, 2019)  

Brief of Appellees (July 12, 2019)  

Brief of Buckeye Firearms Foundation, Inc. (July 12, 2019)  

Appellants’ Redacted Reply Brief (July 22, 2019)