Judge rules teachers’ lawsuits can go to trial

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There were new developments last week in the racial discrimination cases against the Malverne school district and its top administrators by three former Malverne High School teachers.

U.S. District Judge Arthur D. Spatt denied the Malverne Union Free School District’s motions for a summary judgment, which would have dismissed the lawsuit. Instead, it will now go to trial.

Spatt also ruled that the three cases would go to trial separately instead of collectively, which was an original goal of the plaintiffs.

Brian S. Sokoloff, an attorney for the school district and its administrators, said of the ruling, “Each case deserves to be tried on its merits based on the evidence that relates to each of those people. Judge Spatt found that it’s unfair to the district to lump these three individuals together in one trial, because each one of these people are challenging separate decisions and certain conduct that only relate to them.”

In addition to the school district, the suit targets retired high school Principal James Brown, Superintendent of Schools James Hunderfund, Deputy Superintendent Rosalinda Ricca and the high school’s current principal, Vincent Romano.

The plaintiffs, all African-Americans and former staffers in district schools, are Betsy Benedith, Sherwyn Besson and Kenneth Smith.

“We think it’s an outrage what happened to these lifelong educators,” said the plaintiffs’ attorney, Steven A. Morelli. “We can’t wait for a public hearing on all these issues.”

According to past Herald reports, Benedith, a former assistant principal at the high school, accused Brown, who is also black, of treating white employees more favorably in order to avoid the appearance of impropriety that favoring blacks might create.

Besson, a former business teacher at the high school, claimed he was subjected to increasing discrimination, resulting in the loss of his position. He further alleged that his two children, who were students in the district, were subjected to retaliation for his complaints of discrimination.

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