After being sued by the family of a student who says she was physically assaulted after not participating in the Pledge of Allegiance, Lexington County School District 1 has filed a motion to dismiss the lawsuit.

Per the lawsuit, 15-year-old River Bluff High student Marissa Barnwell exercised her First Amendment right to refrain from acknowledging the pledge of allegiance in a non-disruptive manor on Nov. 29, and Nicole Livingston, an instructional assistant at the school, proceeded to demand Barnwell stop and acknowledge the pledge, physically accosting her before escorting her to Principal Jacob Smith.

According to the complaint, Barnwell, an honor roll student and a standout member of several extracurricular activities, was walking in the hallway when the Pledge of Allegiance began playing over the intercom at about 8:40 a.m.

“While the Pledge of Allegiance was being recited over the intercom, some students stopped in acknowledgment of the Pledge,” the suit states. “However, in accordance with her First Amendment Rights protected by the United States Constitution, [Barnwell] elected to continue walking to her class and refrain from reciting the Pledge.”

The suit specifies that Barnwell continued to walk silently through the remainder of the pledge and the subsequent call for a moment of silence.

“It was at this point that Livingston is accused of “yelling and demanding that [Barnwell] stop walking and physically assaulting her by pushing [Barnwell] on the wall and forcefully touching [Barnwell] in an unwanted way without her consent so that she would stop walking in recognition of the Pledge of Allegiance and Moment of Silence that was announced at the conclusion of the Pledge.”

The suit further alleges that when Barnwell was taken to the principal’s office, she was never assured that she has the right to not recite the pledge or participate in the moment of silence and shouldn’t be penalized for electing not to do so. 

The suit also details that Barnwell’s family tried through “numerous measures” to see some sort of accountability for Livingston’s actions.

Tyler Bailey, who is representing the family in suing the district, didn’t respond to the Chronicle’s requests for comment.

Following the lawsuit, which was filed Feb. 13 and announced to the media earlier this month by the family, the district issued a statement March 17, announcing that its lawyers had filed to dismiss the suit on March 15.

"Lexington 1 officials strive to demonstrate our commitment to all families that incidents are taken seriously, investigated fully and addressed appropriately,” the district said in the statement. "We believe we have the necessary district procedures and board policies in place to fulfill this commitment. Unfortunately, there will be times when a family will not be satisfied with the district’s response, and we regret when that happens and attempt to resolve issues in a manner satisfactory to all parties involved."

According to the district, around 8:40 a.m. on Nov. 29, when Smith was made aware of the incident, an assistant principal began to investigate and review video footage. The assistant principal then met with the parents to inform them of the investigation.

The district’s human resources office was subsequently notified and opened its own investigation, the district said. The school resource officer was made aware of the incident and a report was filed that afternoon, which the district noted is standard procedure for an incident involving allegations of misconduct that could lead to criminal charges.

Livingston was placed on administrative leave and remained so until the district concluded investigating.

In the course of the investigation, the district said, it was discovered that another camera captured the altercation. Barnwell's parents and their attorney reviewed all video footage along with law enforcement, who informed the district that no criminal charges would be filed.

To remain in compliance with state law, Lexington 1 policy requires that schools designate a time for the Pledge of Allegiance each school day while honoring a person’s right to not participate. The policy states that the district will not penalize an individual for failing to participate.

“Typically, Lexington 1 does not issue statements about ongoing legal matters,” the district said. “However, district leaders feel compelled to issue this statement to address the response to media coverage and to clarify the details related to the situation.

“Due to the recent media coverage of this incident, the student and employees involved are receiving extremely hateful communication. District leaders strongly condemn this inappropriate behavior. We care for all of our students and employees and regret that those involved in this situation have been the target of cruel messages.”