School district, former superintendent respond to Ooltewah rape case lawsuit

Staff Photo by Dan Henry / The Chattanooga Times Free Press- 2/15/16. Ooltewah High School head basketball coach Andre "Tank" Montgomery looks into the crowd during a brief intermission from his preliminary hearing in Hamilton County Juvenile Court on February 15, 2016. Hamilton County District Attorney Neal Pinkston charged head coach Andre "Tank" Montgomery, assistant coach Karl Williams and Athletic Director Allard "Jesse" Nayadley with failing to report child abuse or suspected child sexual abuse in connection with the rape of an Ooltewah High School freshman by his basketball teammates Dec. 22, 2015.

The Hamilton County Department of Education and former schools Superintendent Rick Smith claim three former employees can't hold them liable for any fallout stemming from the 2015 Ooltewah High School pool cue rape.

Smith and Hamilton County Schools filed a joint response to the federal lawsuit filed against them last month by former Ooltewah High School principal Jim Jarvis, the school's former athletic director Allard "Jesse" Nayadley, and former head basketball coach Andre "Tank" Montgomery.

"Defendants aver that many of the verified allegations by the Plaintiffs are patently false, and the claims are frivolous," the response states. " Defendants aver that to the extent Plaintiffs have any damages their failure to mitigate those damages preclude or limit their recovery."