An Indianapolis law firm says it plans to sue the Martinsville School District for negligence in employing a former teacher now charged with molesting at least 10 minors.
Attorney Jason Reese with Wagner Reese, LLP, is representing unidentified “David Doe” and his parents. Doe was a 13-year-old student at Wooden Middle School when he said he was molested dozens of times by former teacher Brittany Fortinberry.
Fortinberry, 31, is being held without bond on 29 felony charges in the related case, including child molestation, sexual misconduct with a minor, dissemination of harmful material to minors, and contributing to the delinquency of a minor.
Wagner Reese sent the civil tort notice to the Metropolitan School District of Martinsville Wednesday. The district has 90 days to respond to the request before the lawsuit is filed.
Reese said the school district failed to address Fortinberry when she was first hired as a substitute teacher in September 2023, and later ignored “grooming behaviors” while she was a full-time teacher at Martinsville High School.
The law firm’s preliminary investigations include a student who reported Fortinberry to Martinsville High School’s principal for buying her brother vapes. Reese said in a separate instance, the principal was aware of Fortinberry transporting students in her vehicle, which is a violation of the school’s policy.
“Our position is that the school district knew, or should have known, that this serial sexual predator was in the school, had been showing grooming behaviors of young boys, and as a result, our clients sustained damages because the school did not do what they should have done,” he said.
Reese says his client’s goal is to prevent similar cases from happening in the future, as well as spread awareness.
Reese is also seeking $700,000 per assault from the school district to compensate for physical and emotional damages.
WFIU/WTIU News contacted MSD Martinsville for comment, but did not hear back prior to publication. Fox59 reported the following response from the school district:
“The District is fully cooperating with law enforcement and remains committed to a safe learning environment for students.
"The individual in question was hired by the MSD of Martinsville on October 24, 2023, and resigned on January 9, 2024. The resignation was not related to allegations of sexual misconduct.
"The MSD of Martinsville conducts a full criminal background check as part of the standard hiring process for all employees. The background check for this former employee reported no criminal activity.
"The safety of students is the number one priority. The MSD of Martinsville encourages students and families to report concerns through the District’s STOPit anonymous reporting system.
