Tuesday, June 26, 2012
A federal judge has denied a motion by a Kansas military school to dismiss a lawsuit by families of former cadets alleging physical abuse.
St. John's Military School in Salina argued that an enrollment contract signed by cadets' parents requires claims against the academy to be submitted to arbitration.
U.S. District Judge John Lungstrum on Tuesday rejected that argument. Lungstrum said the arbitration clause agreed to by the parents does not apply to claims from the students.
Former cadets allege that St. John's encouraged higher-ranking students to discipline younger ones, leading to abuse. The school denies the allegations.
Lungstrum also rejected the school's request to move the trial from Kansas City, Kan., to Topeka. But he did strike photos depicting alleged abuse from the plaintiffs' complaint, citing procedural rules.