Pictured (L to R): Mrs. Rebecca Smith, Director of Elementary Education, Mrs. Emma Austin, Principal of Twin Springs Elementary and Mrs. Jenny Eaton, Assistant Principal of Twin Springs Elementary.
McDaniel is named because he is accused of not taking the proper disciplinary action against the administrators.
Judgment is sought by claiming the plaintiff was "caused to sustain injuries, endure embarrassment in the past and future and suffer pain of body and mind."
The lawsuit seeks judgment of $100,000 in compensatory damages, $100,000 in punitive damages, plus costs, expenses, attorney's fees and interest.
The lawsuit was filed on behalf of the minor by Ryan Thornberry, identified as his next friend.
The plaintiff's attorney is Glenn L. Berger of Berger and Thornhill of Altavista.
The defendants' attorney, Glenn W. Pulley of Clement & Wheatley in Danville, filed a "Grounds of Defense and Affirmative Defenses" Nov. 22, 2004.
They "deny that they are indebted to the plaintiff in any amount whatsoever," states court records.
The defendants deny requiring the fifth-grader to wear red nail polish, lipstick and a bow or be referred to as Mattie.
They deny requiring any conduct that would cause emotional distress.
"Wherefore, defendants Emma Austin, Jenny Eaton and James E. McDaniel deny that (the) plaintiff is entitled to any of the relief sought in the motion for judgment and move the court for entry of an order dismissing the motion for judgment with prejudice, together with an award of costs," states court records.
The defendants also filed a "Plea in Bar" Nov. 22, 2004, on grounds that the action brought by the plaintiff is barred by sovereign immunity.
The plea sights two Virginia Supreme Court cases which indicate governmental employees in Virginia are entitled to sovereign immunity in matters of simple negligence.
Also filed on Nov. 22, 2004, was a "demurrer" to the plantiff's motion for judgment contending that the lawsuit fails to state a claim upon which relief may be granted against them and the motion for judgment fails to fairly inform them of the nature and basis of the plaintiff's claims.
They have asked for dismissal.
An April hearing date has been set.
Pictured (L to R): Mrs. Rebecca Smith, Director of Elementary Education, Mrs. Emma Austin, Principal of Twin Springs Elementary and Mrs. Jenny Eaton, Assistant Principal of Twin Springs Elementary.