By Joseph M. Morgan
joseph@southerntorch.com
DEKALB COUNTY, Ala.—Alabama’s 9th Circuit Court has set an official date to hear the case of Neal Thrash v. DeKalb County Board of Education. The case will be heard by 9th Circuit Judge Jeremy Taylor at 9 a.m. on Thursday, Jan. 7, 2016 at the DeKalb County Courthouse on Grand Ave S in Fort Payne, Ala. The original court date was set for Nov. 17, 2014, but has been delayed since as a result of an appeal to the Alabama Supreme Court filed by attorneys on behalf of the Dekalb County Board of Education.
In early October, the Alabama Supreme Court officially denied the board’s appeal, sending the case back to Judge Taylor, who previously found issue that Superintendent Hugh Taylor suspended Coach Thrash with no formal hearing or consultation from the board.
The issue that dominated headlines in 2014 and has remained a hot topic in 2015 began when Neal Thrash was relienved of his coaching duties and placed on administrative leave in early April 2014 following a historic season as Fyffe’s head basketball coach. Superintendent Taylor made the unilateral decision to dismiss Thrash, citing allegations of misconduct and bullying following an internal investigation. Thrash initially filed for resignation, but then rescinded the resignation days later and filed suit against the Dekalb County Board of Education. The suit claims that Superintendent Taylor improperly placed Thrash on leave and removed him as Fyffe’s boys head basketball coach without going through the appropriate channels.
Judge Taylor ruled that while the court had no authority to reinstate Thrash as basketball coach, Thrash was improperly suspended as he was denied a proper hearing with the Dekalb County BOE because Superintendent Taylor did not consult with the board prior to relieving Thrash of his coaching position. Judge Taylor set the original court date for November 17, 2014. Soon after the judge set the court date in 2014, the BOE filed an appeal to the Alabama Supreme Court, asking a) for a dismissal and b) to delay any court proceedings pending the higher court’s decision. The suit was placed on hold pending a decision from the Alabama Supreme Court. Last month, in October 2015, the Alabama Supreme Court dismissed the BOE’s appeal, sending the case back to Judge Taylor’s court in the 9th District.
DeKalb County Schools superintendent Hugh Taylor said last month he has no intention of reinstating Thrash. Thrash confirmed, however, that he has offered a settlement to drop the suit if he is reinstated and will not seek monetary compensation from the DeKalb County Board of Education for back pay for money that otherwise would have been earned through his coaching position at Fyffe. Stay tuned.
