NACS says deal reached in COVID-19 suit, but case not over just yet

A lawsuit was filed on Tuesday, March 1, 2022.
A lawsuit was filed on Tuesday, March 1, 2022.(Staff)
Published: Jun. 13, 2022 at 6:47 PM EDT
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FORT WAYNE, Ind. (WPTA) - Northwest Allen County Schools says it has reached agreement with four families that sued in 2021 over COVID-19 policies and practices, and that it will be dropped as a defendant in that case.

The lawsuit itself, however, will move forward against several other defendants.

NACS made the announcement Monday evening, noting that an “amicable resolution” would mean that “the portions of the lawsuit against NACS, its board members, and employees will be dismissed.” However, the families plan to pursue their remaining claims against the Indiana Department of Health, Allen County Department of Health, and state and local health officials, NACS said.

The lawsuit was brought by Chris and Natalie Forbing, Michael Bell, Jacquelyn and Eric Christman and Andrew Frisinger on behalf of their children. A judge earlier this year had whittled it down and removed Gov. Eric Holcomb as a defendant, but allowed portions to advance in the courts.

In an order issued Friday, Allen Superior Court Judge David J. Avery extended the timeline for the remaining elements of the lawsuit. A hearing scheduled for July 20 has been pushed to Aug. 18.

The remaining defendants have asked the Court to rule that the claims against them are now moot, a finding that could end the case in its entirety.

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