Claim accuses Martinsville schools of negligence after teacher charged with child sex crimes

MARTINSVILLE, Ind. (WISH) -- Lawyers representing the victim of a former Martinsville teacher, Brittany Fortinberry, have filed a tort claim against the Metropolitan School District of Martinsville for allegedly neglecting to protect students from her actions. Fortinberry, 31, is facing multiple charges, including two counts of disseminating matter harmful to minors and three counts of sexual misconduct with a minor. Reports revealed that former students reported her for sending explicit images and texts in August, with further accusations surfacing in December when a woman reported her for molesting her grandson.

On March 17, Fortinberry was charged with 24 additional counts related to child molestation. The law firm Wagner Reese has taken action on behalf of the victim, alleging that the school district negligently hired and retained Fortinberry, which directly contributed to the abuse of the victim. Jason Reese, the victim’s attorney, expressed the family's shock at the situation, stating they entrusted the school to protect their child.

The attorney indicated that preliminary investigations suggest school administrators may have been aware of Fortinberry’s inappropriate behavior yet still chose to employ her. Furthermore, once the abuse came to light, it is alleged that the district failed to report the incidents to authorities or to take timely action against her.

The victim, a 13-year-old boy, aims to prevent similar abuse in the future through this legal action. His family is seeking compensation for the physical and emotional injuries sustained, as well as other damages permitted under Indiana law. The law firm has mentioned a potential request for $700,000 for each instance of sexual assault.

It remains uncertain how the school district will respond to the tort claim. Under Indiana law, they are required to provide written acknowledgment of the notice to the victim's attorneys within 10 days.