FREDERICK — The parents of a former Frederick High School basketball player allegedly raped with a magic marker by his teammates in the locker room are taking the school district to trial.
A federal judge on Tuesday scheduled jury trial against the school, the three teammates and their parents for February.
In the December 2010, complaint, the parents accused the high school's former principal and its former athletic director of dissuading a teacher from reporting the case to
The plaintiffs said the school's “lax policy and enforcement of policies” against bullying contributed to abuse and harassment of their son, who was 15 at the time of the alleged assault.
Frederick Superintendent Tony O'Brien declined to comment on the lawsuit other than to say the district has had a bullying policy in place for several years.
Scott Winford Nelms, 18, Jesse Earl Bryant, 19, and a 17-year-old third defendant were charged initially as juveniles in Tillman County District Court. The disposition of those charges is not public record.
The parents are suing for negligence, assault and battery, federal discrimination, due process violation, infliction of emotional distress and parental liability.
They are asking for judgment in excess of $75,000 against each
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