The lawsuit, filed on behalf of 16 African American families last year, claims that security guards within the District used excessive force — including handcuffing, applying pressure points, and the pulling of hair – in order to restrain the students involved in the lawsuit. “Anytime you’re going to handcuff a child for disobeying a command, and when that can lead to applying pressure points and/or handcuffing the child that’s absurd,” said Garrett. “The only way that the claims won’t be filed by Friday is if Kent decides to settle,” he added. Judge Coughenour dismissed the case without prejudice, which means that the case can be re-filed, after Garrett was late for a pre-trial hearing. According to Garrett, he was five minutes late and the judge dismissed the case before he got there. “As an attorney, you’re time is valuable. You go from one hearing to the next,” said Garrett. “I was late because I was going from one appointment to the next.” “I have to live with the truth,” he added. “I was late and I’m going to do whatever I feel is necessary and correct it.” There was speculation that the case was dismissed because the case lacked merit. Something Garrett disputes. “The case doesn’t lack merit at all,” he said. In addition, there are allegations that this is the third time that Garrett did not show up to court. Garrett disputes the accuracy of those claims as well. According to Garrett, he did miss a hearing of Feb. 17 because of a scheduling error. He called the court clerk and re-scheduled the hearing. Garrett was not able to be present at the re-scheduled hearing date because he was in court on another case, but did notify the opposing council and the court that the other attorney of record on the case, James Egan, would be present. Egan was there, but the judge would not allow him to stand in place of Garrett and fined the law firm – The law offices of Egan, Hamir, and Garrett, Jr. — $250.00. Garrett has been in contact with most of the families involved in the lawsuit, since the case was dismissed and educating them on the process and what it entails. “Most of them were concerned initially,” said Garrett. “But then I explained to them legally what’s going to happen and what it means, and they understood.” Unfortunately for the families involved, the dismissal of the case means that the entire process will have to start over again. That process starts with the filing of claims against the District, scheduled for this Friday. The Kent School District then has 60 days to settle the claims before a lawsuit can be filed. “It’s setback in terms of time,” said Garrett. “But I’m confident that the truth will come out and this case will have its day in court.” As for the impact that the dismissal of the case has on the local NAACP, Garrett believes that the NAACP is being unfairly scrutinized because of his role with the NAACP and the case itself. “Me as an attorney is totally different from me as president of the NAACP,” he said. “The two are not one in the same.” “Being five minutes late is not an indication that I’m not able to run that Branch,” he continued. “Some people are concerned that we’re not as visible as we were before. People need to understand that there is a lot of transition that’s taking place.” “The only thing I can say is to be patient, and we’re going to get there,” concluded Garrett.
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