In December 2013, prior to an exam, Smith, in the words of the plaintiff, ordered her to sit at the front desk so he could reach her with arms from his seat. Then, when exam began, he made a comment that was later included in the lawsuit materials:
"Since you think you got it like that come back on seventh period, pull down your pants and let me kiss your ass. I will do an 'A or B' or whatever you want."
Afterwards the schoolgirl told her mother about the incident, who immediately turned to the police.
Smith was quickly fired. The charges brought against him include “sexual contact with a student under the age of 19, first-degree sodomy and second-degree sodomy.” But after the teacher pleaded guilty to a “charge of endangering the welfare of a child,” he was placed on unsupervised probation for two years and ordered to pay a $250 fine.
The plaintiff remained unsatisfied with the court decision on her case, and seeks unspecified compensatory damages on statutory and Constitutional claims.