Ex-Superintendent James Fleming Sues Capistrano Unified School District For Damages

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Fleming
Nearly a year after a state appeals court dropped charges against him, James Fleming is suing Capistrano Unified School District for in attorney fees and lost wages--which one of Fleming's attorneys once estimated at more than $1.6 million.

The former superintendent filed a complaint in Orange County Superior Court on Sept. 21, claiming that the four-and-a-half year legal battle he endured has left him unemployable, and that the district must reimburse his legal fees in accordance with California labor and government codes. 

In 2007, Fleming was indicted by a grand jury for allegedly compiling an "enemies list" of parents who'd criticized the school board. Last December, the charges were dismissed, a decision that was upheld by the California Supreme Court

"He is a victim," says Florida-based attorney John R. Sutton, who represents Fleming. "He lost his job, lost his income, paid substantial attorney fees and was in court for three years or more. An appellate court indicated that he was only doing his job." 


Fleming resigned as superintendent of CUSD in 2006 under an alleged agreement that the district would pay for his legal expenses. Then in March 2007, a newly configured school board voted to stop paying those fees in a move described as "arbitrary and malicious" in court documents. 

In July, Fleming's former attorney Joseph Mullaney sent a letter to CUSD Board President Jack Brick, demanding that the district pay the ex-superintendent a grand total of $1,648,889--$576,680 in back pay and benefits, $445,668 for the reimbursement of legal fees and $622,541 for the "loss of future earnings and damage to his reputation and standing in the professional community."  

Marcus Walton, a CUSD spokesman, says the district "can't discuss pending or existing litigation." 
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Wptate
Wptate

Since Fleming is arguing CUSD breached a written agreement, and the alleged breach occurred over 4 years ago, it would appear Fleming's claims against CUSD are time barred. Maybe that's why Fleming hired a Florida attorney to represent him in California.

Guest
Guest

Good,In a civil hearing Fleming can be forced to take the witness stand and can't hide behind the 5th amendment. Questions as to the/wiki/Quid_Pro_Quo Quid Pro Que (Latin for "I give so that you may give").during his administration could provide information about others who conspired to rip off the school district. CUSD should not settle, force a civil case where he would be forced to testify or found in contempt of court. Fleming will fear having to testify, and may drop the whole suit. Shine the light and the cockroaches will scatter.

Yodayoda95
Yodayoda95

To the author: please check your facts. It was not a "newly configured board" which voted to stop paying Fleming's fees. The board majority of four, the same board which originally agreed to pay Fleming's fees, voted to discontinue payment of his legal fees. The vote was 7-0 to discontinue fees, with the "old" board in the majority, not a newly configured board. The new board members also voted to discontinue fees, but "Fleming's board" was in still in control in 2007. In fact, the board President was Shelia Benecke, a fifteen (?) year board member.

John3212
John3212

Wow! After all this man has endured, these figuresseem relatively mild. If Tony Raukaukus has an ethical bone in his body, he'dpony-up and pay Dr.Fleming out of his own pocket. After-all, it was Tony whoarranged to have HIS Grand-Jury wrongfully indict Dr. Fleming to begin with.Who among us has tallied up the public resources that Raukuakus racked-up,during this orchestrated witch-hunt. Perhaps better-yet, these funds should come directly from that lunaticout in Rancho Santa Margarita: Tony Beal. Now there’s a stellar citizen whoarranged for his board member cronies to fill his pocket with the students ofCUSD’s money. Perhaps the Tony twins will pony-up this amount up together?  Don’t hold your breath........

John3212@AOL.COM
John3212@AOL.COM

.

Margarita: Tony Beal. Now there’s a stellar citizen who arranged for his board member cronies to fill his pocket with the students of CUSD’s money. Perhaps the Tony twins will pony-up this amount up together? Don’t hold your breath…………

Naegelemom
Naegelemom

Because that is the best thing for an already struggling school district.

Mangosoco
Mangosoco

Well...I see he is still the piece of you-knnow-what that he was while he was in charge...

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