Lawsuit dismissed

BENTONVILLE - Circuit Judge Xollie Duncan dismissed a lawsuit on Friday seeking to protect the identities of three children prohibited from going to school in Pea Ridge until they were tested for human immunodefi ciency.

The lawsuit was filed by the Disability Rights Center of Arkansas against the Arkansas Department of Human Services.

The children live with foster parents in Benton County, according to court documents.

Court documents filed Sept. 20 claim the children were prohibited from attending school until they were tested for HIV.

The lawsuit claimed a disclosure of the children’s identities, even in abbreviated form, would cause them further discrimination, retaliation and embarrassment because of the media attention on the case.

The lawsuit also wanted the names of the children’s foster parents to be withheld from court filings. A motion also was fi led asking the court to prohibit the Department of Human Services from turning over any HIV testing results to the School District.

Mark White, representing DHS, requested the lawsuit be dismissed.

White claimed Duncan didn’t have jurisdiction because the case should have been filed in Pulaski County. White also contended the case should be dismissed since it made no claim for relief against DHS.

Paul Davidson, an attorney for the Disability Rights Center, argued the case could be heard in Benton County because that’s where the children live.

Duncan agreed with White and dismissed the lawsuit, saying it needed to be filed in Pulaski County.

The Sept. 20 lawsuit was sealed after it was fi led in Benton County Circuit Court. Duncan agreed to seal the fi le.

On Friday, Duncan questioned Davidson about the need to keep the fi le sealed. Duncan said she had reviewed the fi le and saw it contained news releases concerning the case from the Disability Rights Center.

Davidson told Duncan the releases were sent out before the lawsuit was filed. Davidson said he instructed Tom Masseau, the center’s executive director, not to release any other information to the press once the lawsuit was fi led.

“I couldn’t fi nd anything in the file that was not given to the press by your organization,” Duncan said.

Davidson told Duncan he understood her concerns.

Duncan ordered the fi le be unsealed, but the children’s names and foster parents’ names be redacted from court fi lings.

News, Pages 1 on 10/09/2013