In the case of Tina Jaeckle vs Flagler College Inc, Historic City News received confirmation that on Monday, United States District Judge Timothy J Corrigan granted Jaeckle’s motion to file a second amended complaint, opening the door for the case to move forward. Jaeckle has requested a trial by jury. Flagler College has until July 7, 2020, to answer the amended complaint.
Potentially an issue in pretrial is a claim by Jaeckle for “punitive damages”, basically a fine or penalty against the college in addition to any actual damages proved at trial. The plaintiff is making this new demand due to what she describes as “deliberate indifference issues” by the defendant, Flagler College.
Jaeckle originally filed this lawsuit in state court on July 17, 2018, as a breach of contract case. It has taken on greater scope over the past two years. The case is partially based on a claim for employer retaliation (added October 23, 2019) in violation of Title IX of the Education Amendments of 1972. Flagler College, Inc. had the suit moved to federal court and Jaeckle made a demand for a jury trial.
In the interest of time, Judge Corrigan is allowing the case to move forward acknowledging that the college might file a motion to strike now, citing the punitive damages issue, or at a later time in a motion for summary judgment.
In her second amended complaint, Jaeckle raised several additional claims for relief, including front pay, back pay, reinstatement, and punitive damages. However, the United States Magistrate Judge denied her request to amend on March 20, 2020, on grounds that such an amendment would be “futile” and on April 3, 2020, Jaeckle filed an objection.
On April 24, 2020, the Court entered an order which authorized Jaeckle to resubmit her “Motion for Leave to Amend” no later than May 8, 2020. Flagler College has engaged in a pattern of “complete and deliberate indifference to the requirements of Title IX by committing ongoing egregious violations with no sign of relenting”, Jaeckle alleges.
Through her attorneys, Jaeckle claims that the college has acted with “malice and reckless indifference” towards her federally protected right to raise a Title IX complaint.”