Logan lawsuit delayed again

PORTALES — A civil suit brought by a Logan teacher and coach who was dismissed three years ago will see another delay before reaching a jury.

After a 78-minute virtual hearing Thursday morning in Portales’ district court, Judge Donna Mowrer granted attorney Warren Frost the opportunity to submit an amended complaint against Logan superintendent Dennis Roch to include teacher Dallas Valentine for a charge of intentional infliction of emotional distress.

The jury trial was set to begin Sept. 28 but will be pushed to April 26-30 at the Quay County Courthouse. Trial windows are limited because criminal cases take priority over civil cases, and any setting must fit the calendars for the courthouse, Mowrer and all parties. She initially proposed Feb. 18-22, but Valentine attorney Gerald Coppler noted he had cases that would conflict.

Former Logan teacher Rhyan Daugherty alleges he was improperly fired by Roch under pressure from Valentine after he reported an allegation Valentine was having an inappropriate relationship with a student.

Lawyers for Daugherty, Roch and Valentine argued whether it was necessary and appropriate to allow an amended complaint.

“I think it's important that everybody remembers how we got here and who's responsible for this,” Frost said. “That person is Dallas Valentine. Had Dallas Valentine been a professional, and understand Coach Daugherty had a legal and moral obligation to turn this allegation in … we wouldn't be here. Instead, she proceeds to institute a year of putting Coach Daugherty in a living hell, making him regret at every turn that he followed his moral and statutory duty to turn her in.”

Coppler and Roch attorney April White argued Frost could have made the allegation against Valentine at any time during three years of proceedings, and his amendment was an 11th-hour move that didn’t meet legal thresholds.

“The evidence has been known to Mr. Frost for years,” White told Mowrer. “This claim could have been asserted. This trial has the propensity to turn into an opportunity to drag Mrs. Valentine through the mud.”

Coppell said a look at what was filed during the case’s discovery period was “garden variety” emotional distress and noted Daugherty never saw a doctor or a psychiatrist for the distress Frost alleged.

“We hear it every time from Mr. Frost,” Coppell said. “He just can't help himself. Dallas Valentine is the devil, Warren Frost is outraged, and she's got to pay.”

Coppell responded if Valentine was the person who started all of this, the logical step for Frost should be to withdraw claims against Roch, and he hasn’t done that. He added Valentine could herself claim emotional distress after three years of litigation, rumors and innuendo in Logan.

Frost countered Daugherty didn’t experience a “garden variety” dismissal, but one received after school officials didn’t honor a request from Daugherty to file a grievance.

Mowrer told Coppell the Thursday hearing wasn’t about her judging Frost’s claim, but as to whether he could make an amendment. Coppell responded with the trial near, the court’s job was to determine if the plaintiff could meet the elements of the claim and not just kick the can down the road. If the amendment was allowed, Coppell requested additional discovery time.

The parties are still working on an amenable series of deadlines to file any additional motions prior to the new trial date.