AMHERST — A potentially multimillion dollar federal discrimination and defamation lawsuit brought against the Amherst-Pelham Regional Schools and several of its former leaders by the high school’s dean of students remains active.
On Sept. 30, U.S. District Judge Mark G. Mastroianni rejected an effort by Doreen Cunningham, the former assistant superintendent, to dismiss two counts against her included in the complaint, filed in April 2024, on behalf of Lamikco Magee.
The 13-count lawsuit names Cunningham, the schools and former Superintendent Michael Morris and former Interim Superintendent Doug Slaughter.
The lawsuit, related to possible federal civil rights violations and violations of district policies covering discrimination, harassment and bullying, alleges that Magee, an African American woman, was harassed and defamed, including being retaliated against for advocating for marginalized students experiencing discrimination in the public school system. The lawsuit also contends she was targeted with retaliation for filing grievances and challenging unfair labor practices.
Cunningham sought a dismissal on the counts of defamation and breach of contract. She filed a motion to dismiss based on a failure to state a claim and filed a special motion to dismiss based on the state’s Anti-Strategic Lawsuit Against Public Participation, or Anti-SLAPP, statute.
Arnold Lizana, the Atlanta attorney representing Magee, wrote in an email that Mastroianni’s decisions means that discovery will start soon, depositions will be scheduled and the defendants will have to go on record and have their defenses scrutinized.
“We were able to defeat their motion, largely due to the fact that we were supported by the same law firm that secured the historic $787.5 million settlement against Fox News, so we’re ready and prepared to continue aggressively litigating this case,” Lizana said.
In rejecting the appeals for dismissal, Mastroianni recounts the May 16, 2023 School Committee meeting in which Cunningham wrote, printed and distributed flyers falsely accusing Magee of having been involved in a high profile cheating scandal in another state, having a criminal record and attempting to hide that criminal record, engaging in unethical behaviors in her previous job, and attempting to coerce other union members to sign documents against her.
The other specifics outlined in the decision are Cunningham’s written statement to the School Committee that night in which she discussed her record as assistant superintendent, the reasons for which she would decline to be temporary superintendent, and that Magee had applied for and been rejected for the vacant principal position, and was thus a “woman scorned.”