space
space
Peshtigo Times
space
space
space
Perspectives
* Country Cousin
space
space
Sports Shorts
* Bulldogs Show Improvement in Loss to Ranked Clippers
* WIAA State Champions Crowned in Girls Golf
* Crivitz Claims M&O Title with Win Over STAA
* Jandt's Big Game Helps Bulldogs Collar Wolves
* Marines Cap Season With 4th Place Sectional Finish

space
Peshtigo Fire
space
e-Edition
Now Available
For more information
click here
dot
THE CITY REBORN FROM THE ASHES OF AMERICA'S MOST DISASTROUS FOREST FIRE
space
dot
space

Appeals Court Dismisses Crivitz Locker Room Suit

A long running legal battle involving Crivitz School District may finally be at an end. On Tuesday, Oct. 3, the Wisconsin Third District Court of Appeals in Wausau upheld Oconto County Circuit Court Judge Michael Judge's decision to dismiss a lawsuit by three former members of the girls basketball team. No further action will be taken unless one of the parties files a petition asking the Wisconsin Supreme Court to review the adverse decision by the Court of Appeals.

The legal actions began on Nov. 13, 2014, when a civil suit against Michael and Kam Dama, Crivitz School District, and its insurer, Employers Mutual Casualty Company, was filed on behalf of plaintiffs Brianna Kopp, Jennifer Kempka and Victoria Neuman in connection with pre-game locker room incident or incidents involving a photo or photos of Sophia Dama with cell phones that occurred on Feb. 18, 2014, while all three were still minors.

Sophia Dama, daughter of Michael and Kam Dama, was later added as a defendant. She also was also a minor at the time. All four girls were members of the Crivitz High School Girls' Basketball Team, and Mike Dama, School Board president, was a volunteer assistant coach.

The three plaintiffs were class officers, honor roll students, members of National Honor Society and star athletes. In various depositions and court actions they had alleged their questioning by school and civil authorities was handled improperly, and punishments were not in line with their alleged offense and not in accord with school rules.

The photo incidents have been described by some as "cyber bullying," and by others as "locker room horseplay."

The plaintiffs were initially represented by Atty. Richard E. Nell. After Nell died in September of 2016 the appeal was refiled by their new legal counsel, Atty. Thad W. Jelinske, of Milwaukee.

Attorneys for the defense in the Oconto court action included Jennifer L. Barwinski, Dustin Woehl, Albert Bianchi, Jr., and Michelle L. Dama, of the Madison law firm Michael, Best and Fredrich.

The original lawsuit was filed Thursday, Nov. 13, 2014 on behalf of the three girls, seeking redress for what they and Nell, their legal advisor, had charged were wrongful punishments imposed by the school district for the alleged cell phone misuse, and wrongful handling of the questioning that led up to those penalties.

The suit and the incidents that led up to it have disrupted the community for more than two years. An attempt to recall Dama in December of 2015 was unsuccessful. Dama retained his seat on the board and his position as board president. In addition to his position on the board, Dama had been a volunteer assistant coach for the team in 2014.

In his 10-page memorandum decision issued in 2016, Judge noted the Second Amended Complaint of the plaintiffs consisted of 10 causes of action against the defendants, consisting of breach of contract, breach of duty of good faith and fair dealings; malicious, willful and intentional denial and disregard of procedural due process; a claim of cyber-bullying and defamation of Plaintiffs by libel and slander; intentional infliction of emotional distress, and conspiracy.

The Plaintiffs sought both monetary and punitive damages against the Defendants, and both sides filed motions for summary judgment.

Judge Judge dismissed those claims and that decision now has been affirmed by the Appellate Court.

In the multi-page decision filed on Tuesday, Oct. 3 the three-judge Appeals Court panel summarized the claims that "arose out of the Plaintiffs' use of a cell phone in a locker room prior to a high school basketball game to photograph and make a video recording involving Sophia. Based on the Defendants' responses to this incident, the Plaintiffs asserted claims for breach of contract, breach of the duty of good faith and fair dealing, defamation, negligence, civil conspiracy, and intentional infliction of emotional distress, all of which the circuit court dismissed on summary judgment."

They concluded that ""the court properly granted summary judgment to the Defendants on all of the Plaintiffs' claims, as there are no genuine issues of material fact and the Defendants are entitled to judgment as a matter of law."

In its summary of events leading up to the suit, court documents state: ""Kopp and Kempka were suspended from 25% of the basketball season for a first violation, whereas Neuman was suspended for a greater number of games due to a prior violation. Each of the Plaintiffs was also ineligible for all-conference awards and team awards for the season. As a result of the violation, each of the Plaintiffs was also ineligible, at least for a time, to participate in national honor society, student council, and other clubs, as well as to receive certain athletic awards and to participate in social functions like homecoming court." The three girls were questioned in the school by a member of the sheriff's department but there were never any charges filed in the incident, and the girls did not seek judicial review of their sanctions.

The Plaintiffs' claims dismissed on summary judgment included: (1) breach of contract, against the District; (2) breach of the duty of good faith and fair dealing, against the District; (3) defamation, against both Kam and Michael Dama; (4) negligence, against the District; (5) civil conspiracy, against the Damas; and (6) intentional infliction of emotional distress, against the District and the Damas.


Recent stories, opinions and photos

Issue Date Department Headline
10-11-2017Obituaries
Verla M. Beath

10-11-2017Obituaries
William J. Bero, Jr.

10-11-2017Obituaries
Patrick O. Brown

10-11-2017Obituaries
Michael J. Callaway

10-11-2017Obituaries
Lorraine R. Capossela

10-11-2017Obituaries
Donald J. Desotell

10-11-2017Obituaries
E. Rita DeGroot

10-11-2017Obituaries
Rose Frederiksen

10-11-2017Obituaries
Maynard E. Greetan

10-11-2017Obituaries
Samuel D. Imhoff

10-11-2017Obituaries
William R. Laundre

10-11-2017Obituaries
William A. Kriescher

10-11-2017Obituaries
Esther F. Marquardt

10-11-2017Obituaries
Dennis A. McCabe

10-11-2017Obituaries
Benjamin C. Mikolas

10-11-2017Obituaries
Esther A. Mueller

10-11-2017Obituaries
Kenneth Neveu

10-11-2017Obituaries
Nancy A. Pagel

10-11-2017Obituaries
Carol M. Powell

10-11-2017
Paul W. Perkins

10-11-2017Obituaries
Robert Schultz

10-11-2017Obituaries
Werner Schulz

10-11-2017Obituaries
Rita R. Soderbeck

10-11-2017Obituaries
Eileen C. Vanderheiden

10-11-2017Obituaries
Gwendolyn A. Watts

10-11-2017Obituaries
Bernhard Williams

10-11-2017Perspectives
Country Cousin

10-11-2017Obituaries
Todd O. Williams

10-11-2017Obituaries
John Wontor Jr.

10-11-2017Obituaries
Crivitz Claims M&O Title with Win Over STAA

10-11-2017Perspectives
From our readers

10-11-2017Perspectives
From My Window

10-11-2017Sports
Bulldogs Show Improvement in Loss to Ranked Clippers

10-11-2017Sports
WIAA State Champions Crowned in Girls Golf

10-11-2017Sports
Crivitz Claims M&O Title with Win Over STAA

10-11-2017Sports
Jandt's Big Game Helps Bulldogs Collar Wolves

10-11-2017Community - Wausaukee
Near North Trail Riders 25th Annual Brat Fry

10-11-2017Community - Wausaukee
Post 66 Meeting at Athelstane Oct. 14

10-11-2017Community - Wausaukee
Winners in Lions Club Card Raffle

10-11-2017Community - Wausaukee
Wausaukee Lions Clean Garage

10-11-2017Community - Crivitz
Change School Board to Oct. 25

10-11-2017Community - Crivitz
CAWC To Meet at Hilltop Oct. 19

10-11-2017Community - Crivitz
Middle Inlet to Discuss Municipal Judge Salary

10-11-2017Community - Crivitz
Crivitz VFW Post 2063 Sponsors 2 Essay Contests

10-11-2017Community - Coleman
WWII Book Author at Coleman

10-11-2017Community - Coleman
Coleman Receives State Trust Loan

10-11-2017Community - Coleman
Crooked Lake Annual Oktoberfest is Oct. 14

10-11-2017Community - Coleman
Faith Christian School Hosts Chili Cook-Off

10-11-2017Front Page
Gov. Increases Sparsity Aid for Rural Schools

10-11-2017Front Page
County May Get Funds For 3rd Full Time DA

10-11-2017Front Page
Name Sue Hinch New Co. Child Support Head

10-11-2017Front Page
Oktoberfest at St. Thomas Aquinas Slated for Oct. 21

10-11-2017Front Page
County Board Referendum Proposal Is Again Defeated

10-04-2017Obituaries
Robert H. Wontor

10-04-2017Obituaries
Don A. Wagner

10-04-2017Obituaries
Martin Vieth

10-04-2017Obituaries
Joel J. Settersten

10-04-2017Obituaries
Larry D. Schoen

10-04-2017Obituaries
Elizabeth K. Olson

10-04-2017Obituaries
Gary F. Naze

10-04-2017Obituaries
Diane M. Mortier

10-04-2017Obituaries
James Martinson

10-04-2017Obituaries
Robert S. Lusardi

10-04-2017Obituaries
Kathleen M. Kasten

10-04-2017Obituaries
Carol Hellermann

10-04-2017Obituaries
Dorothy M. Frye

10-04-2017Obituaries
Bradley Foster

10-04-2017Obituaries
Robert Eftedahl

10-04-2017Obituaries
Jerry B. Byng

10-04-2017Obituaries
Mildred M. Buck

10-04-2017Obituaries
Dorothy A. Bouche

10-04-2017Obituaries
Marion L. Boland

10-04-2017Sports
Marines Cap Season With 4th Place Sectional Finish

10-04-2017Sports
Bulldogs Sink Viking Invasion

10-04-2017Sports
Crivitz Sets Cruise Control in M&O

10-04-2017Sports
Wausaukee One Game Back in MONLPC-8 Man

10-04-2017Perspectives
Country Cousin

10-04-2017Perspectives
From our readers

10-04-2017Perspectives
From My Window

10-04-2017Community - Wausaukee
Wausaukee Trick Or Treat Oct. 31

10-04-2017Community - Wausaukee
Wausaukee School Financial Aid Night

10-04-2017Community - Wausaukee
Message Church Give Coats for Kids

10-04-2017Community - Wausaukee
Wausaukee 9th Annual Fall Festival Oct. 7th

10-04-2017Community - Crivitz
Crivitz VFW Auxiliary Plans Booth at Co. Fair

10-04-2017Community - Crivitz
Crivitz Church Plans Trip to Shrine Oct. 11

10-04-2017Community - Crivitz
Trick or Treat in Crivitz Oct. 31

10-04-2017Community - Crivitz
Crivitz Homecoming Week, is Oct. 2-7, Parade, Dance

10-04-2017Community - Coleman
Coleman Utility Board Oct. 9

10-04-2017Community - Coleman
Library Forms Lego Club

10-04-2017Community - Coleman
Pound Village Board Reviews, Adjusts 2018 Budget Details

10-04-2017Community - Coleman
Vegas Coming to Equity Oct. 27, 28

10-04-2017Front Page
Granite Plaques Mounted on Logs Taken From River

10-04-2017Front Page
Peshtigo Sewer Rates Are Going Up, Old Buildings Coming Down

10-04-2017Front Page
School Building Group Asks For Third Option

10-04-2017Front Page
Appeals Court Dismisses Crivitz Locker Room Suit

10-04-2017Front Page
Marinette Bank Re-Zoning Request Falls Short of Passing

09-27-2017Sports
Deer and Turkey Tagging Changes; Goose Harvest Registration

09-27-2017Sports
Marines Finish Fifth at NEC Conference Match

09-27-2017Sports
Crivitz Defends Home Turf Against Suring

09-27-2017Sports
Home Teams Dominate M&O Triangulars

09-27-2017Obituaries
Gloria R. Bauerfeind

09-27-2017Obituaries
Ralph F. Beyer

09-27-2017Obituaries
Allan A. Buckmaster

09-27-2017Obituaries
Wilfred J. Carriveau

09-27-2017Obituaries
James E. Carter MD

09-27-2017Obituaries
William D. Clumpner

09-27-2017Obituaries
Georgette Dedamos

09-27-2017Obituaries
Rosemary M. Draeger

09-27-2017Obituaries
James R. (Bob) Edwards

09-27-2017Obituaries
Mark F. Everard

09-27-2017Obituaries
Robert K. Gieseler

09-27-2017Obituaries
Raymond L. Heise

09-27-2017Obituaries
Eleanor N. Jochen

09-27-2017Obituaries
Lillian V. Kozikowski

09-27-2017Obituaries
S. Arthur Leider

09-27-2017Obituaries
David F. Maccaux

09-27-2017Obituaries
Donald C. Millbrook

09-27-2017Obituaries
Elaine M. Osmanski

09-27-2017Obituaries
Gary E. Paust

09-27-2017Obituaries
Raymond "Ray" M. Pratt

09-27-2017Obituaries
Neal A. Spell

09-27-2017Obituaries
Mark E. Swille

09-27-2017Obituaries
Dale R. Umentum

09-27-2017Obituaries
Debra Wagner

09-27-2017Obituaries
Gwendolyn A. Watt

09-27-2017Obituaries
Judy A. Weed

09-27-2017Obituaries
Mary G. Wery

09-27-2017Obituaries
Jeanne M. White

09-27-2017Obituaries
Roy H. Wicinski

09-27-2017Obituaries
Jason Zimdars

09-27-2017Obituaries
John A. Zimmer

09-27-2017Obituaries
Charlotte A. Zipter

09-27-2017Obituaries
William Zona

09-27-2017Perspectives
Country Cousin

09-27-2017Perspectives
From our readers

09-27-2017Perspectives
From My Window

09-27-2017Community - Wausaukee
Wausaukee School Okays EMT, Fire Course Credits

09-27-2017Community - Wausaukee
Camp Director Church Speaker

09-27-2017Community - Wausaukee
Wausaukee Blood Drive Collects 49 Units

09-27-2017Community - Crivitz
Trick or Treat in Crivitz Oct. 31

09-27-2017Community - Crivitz
Woodland Owners Field Day Oct. 7

09-27-2017Community - Crivitz
Adult Workshop at Elderly Services

09-27-2017Community - Crivitz
Crivitz Church Plans Trip to Shrine Oct. 11

09-27-2017Community - Coleman
Coleman Board Meeting Oct. 2

09-27-2017Community - Coleman
Townsend Ride, Raffle, Booyah on Oct. 7th

09-27-2017Community - Coleman
Bond Community Center Social Oct. 11

09-27-2017Community - Coleman
Living Waters Church Paint Night Fundraiser

09-27-2017Front Page
Three Graduated From Marinette Co. Drug Court

09-27-2017Front Page
Project Tax Rate Cut For Coleman School Budget

09-27-2017Front Page
Peshtigo Historical Parade, Badger Park Events Sept. 30


space
Peshtigo Times
WEB Poll!
Do you agree with NFL players taking a knee or locking arms during the National Anthem?
space Yes
No
Undecided
space
TO VOTE CLICK
YES, NO or UNDECIDED

Suggest a Question
space .
space
FRONT
space
.
space
CLASSIFIEDS
space
.
space
COMMUNITY
space
.
space
GUEST BOOK
space
.
space
NEWS
space
.
space
OBITS
space
.
space
PERSPECTIVES
space
.
space
SPORTS
space
.
space
SUBSCRIBE
space
.
space
.
space
PESHTIGO FIRE
space
.
space
CUSTOM PRINTING
space
.
space
TIMES' SAVER
space
.
space
Click for Peshtigo, Wisconsin Forecast
FORECAST
space
Quick...
News or Ad Search
Enter News key words.
Enter Ad key words.



Peshtigo Times
841 Maple St
PO Box 187
Peshtigo, WI 54157
Phone: 715-582-4541
Email:
News@
PeshtigoTimes.com

space
Fax: 715-582-4662
© 2000-2017
All right reserved
space
Powered by
WEB Media
Interactive
COMMUNITY
WEB sites