With the motion, Brown also hits back against claims that he sought to retaliate against the school district and was racially biased.
Lawyers for Mayor Randy Brown have filed a motion to dismiss a defamation lawsuit brought against Brown in federal court by Evesham Township School District director of personnel Richard Dantinne Jr.
In the motion, Brown denies defaming Dantinne at a press conference in January where Brown claimed a female employee of the school district had told him that multiple female teachers in the district had allegedly accused Dantinne of sexual harassment.
During the press conference, Brown questioned whether the school district had properly examined the claims, and Brown called for the Evesham Township Board of Education to appoint an independent third-party to investigate.
Brown also said he had given an official statement to the Evesham Police Department regarding the information he had learned.
The police department later confirmed it investigated Brown’s claims, but no criminal charges were filed, and its investigation was closed.
In response to Brown’s claims, Dantinne filed a defamation lawsuit naming Brown, Evesham Township and Evesham Township Board of Education vice president Sandy Student, along with board members William McGoey and Nichole Stone, who were also present at the January press conference.
Brown’s motion to dismiss argues that federal court does not have the proper jurisdiction regarding Dantinne’s claims, and even if the lawsuit were to proceed, Brown’s motion argues Dantinne’s lawsuit does not refute claims that district employees had accused Dantinne of sexual harassment, leaving Brown protected.
“It is well settled that truth is a common law defense to a defamation claim,” Brown’s motion reads.
Brown’s motion also hits back on allegations in Dantinne’s lawsuit that Brown held the press conference as revenge against the district for policy decisions Brown disagreed with and to retaliate against the district for turning down Brown’s son for a job.
Dantinne’s lawsuit claims that when the district hired an African-American candidate for a position with the district over Brown’s son, who is caucasian, Brown allegedly used a racial epithet when speaking to the district superintendent.
Brown’s motion to dismiss argues Brown’s son Tyler Brown only applied to the Evesham Township School District to be added to its pool of substitute teachers during his time in college, with Brown’s son never applying for any other full- or part-time positions.
The motion also states Brown’s son obtained a degree from Rowan University in 2014 certifying him as a physical education/health teacher, and within weeks the Berlin Board of Education hired him for such a position.
Furthermore, according to Brown’s motion, the Evesham Township School District has not hired an African American physical education teacher, the only position Brown’s son is qualified to teach, in more than 20 years.
Tyler Brown has also signed an affidavit affirming those claims.
Dantinne’s defamation lawsuit against Brown and the other entities and individuals is seeking punitive damages, compensatory damages, interest costs, attorney’s fees and an apology.
A judge is set to hear Brown’s dismissal motion at the end of March.
