The former principal has up to a year to refile his lawsuit.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- Attorneys representing Girard Board of Education have been notified that the former intermediate school principal has voluntarily dismissed a multimillion-dollar lawsuit he had filed against the schools and the former schools superintendent.
Atty. Lou Damiani of Cleveland received a written notice from Atty. Don Hanni on Friday saying that his client, Robert Foley, has opted to dismiss the lawsuit. Hanni and Atty. Sebastian Rucci represented Foley.
The notice does not state why Foley dismissed the case.
Hanni declined to say why the suit was dismissed but said his client can refile.
"We have up to a year to refile," Hanni said. "We could refile in federal court if we wanted to."
Hanni declined to say if that's Foley's plan. Foley could not be reached to comment.
Unanswered questions: Damiani said Foley decided to dismiss the case a few days after Damiani notified Foley that he was going to ask the court to order Foley to answer two questions Foley had declined to answer. The questions asked if Foley had had relationships, other than professional, with two female school employees.
"Unfortunately, Mr. Foley was given credit by some as a heroic figure who placed himself at risk for the benefit of others," Damiani said. "We now know nothing could be farther from the truth, and Mr. Foley, when faced with the opportunity to lie or tell the truth under oath, opted to bail out."
Suit filed: Foley filed his suit in July in Trumbull County Common Pleas Court, stating he was transferred from his job against his will and was seeking more than $2 million. He said the board breached his contract by moving him from the intermediate school to the junior high school.
Foley stated in the suit that he was moved because he informed parents about possible health problems at the school.
The board had said the superintendent was allowed to assign administrators to positions where they were needed.
The school closed May 1 because of pupil, staff and teacher illnesses. A report from an environmental company listed mold and fungus in the carpeting and a poor ventilation system as the cause. The district is replacing the carpeting. The school remains closed.