This is the Shelby County School Board's response to the Daniel Acker, Jr.'s victims' request for class certification of their lawsuit against the School Board.
BIRMINGHAM, AL -
The Shelby County School Board has responded to a Class Action status request made by Daniel Acker, Jr's sexual assault victims in October.
Victims of the former Shelby County teacher, had asked a federal judge to allow their lawsuit to include any current or former female student in the Shelby County School District who feels they were sexually abused by Acker or witnessed any such conduct.
Late Wednesday, the Shelby County School Board filed their response, which opposes the class certification.
The 45 page filing, a link to which is available to the right, outlines the School Board's argument why the victim's request is 'fatally flawed' and should be denied.
"These Defendants emphatically do not condone Acker’s criminal conduct but the law does not permit these very individual wrongs to be rectified in a class proceeding," School Board attorneys argued.
Lawyers for the School Board added that adding dozens of plaintiffs to the case would bog it down because the judge would have to weigh the merits of each victim's sex abuse claims, one at a time.
"Trying every class member's claim individually-as will be unavoidable here-is neither efficient or manageable. Class treatment is inappropriate here," the attorneys stated.
The original motion filed by Acker's victims in October cites what Acker told Alabaster Police Department investigator Grant Humphries on January 4, 2012 when Acker confessed, "that during his time as a teacher in the Shelby County School System he had sexually molested over twenty female students by touching various body parts, including their buttocks for his own sexual gratification."
Attorneys for Acker's victims, claim based on the number of female students Acker taught or rode on the school buses he drove, "there are potentially hundreds of plaintiffs, and likely more than forty (40)."
Acker pleaded guilty in May 2012 to sexually assaulting about a half a dozen of his former students and is currently serving a 17 year prison sentence.