Judge drops CMPD from lawsuit brought by former Myers Park High School student

The former student alleges that she was led into the woods and raped near the school in 2015.
A judge has dropped the City of Charlotte and CMPD from a lawsuit brought by a former Myers Park student.
Published: Jan. 19, 2023 at 7:00 PM EST
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CHARLOTTE, N.C. (WBTV) - A judge has dismissed the Charlotte-Mecklenburg Police Department from a lawsuit brought by a former Myers Park High School student challenging the way police and school administrators handled her reported rape.

The decision to drop CMPD from the suit came after the former student spent the day Thursday testifying in court.

Specifically, the judge issued a directed verdict, which means he did not think plaintiffs presented enough evidence for a jury to find in their favor as it relates to the plaintiff’s claim against CMPD.

Related: ‘I just want to be believed’: Former Myers Park HS student testifies about alleged sexual assault

The question jurors had been presented in the lawsuit was whether CMPD failed to properly train the Myers Park school resource officer to respond to the student’s reported rape.

Claims against Charlotte-Mecklenburg Schools remain. Defense attorneys will begin presenting evidence in the case Friday morning.

A lawyer for the former student opened the trial on Tuesday by telling jurors that school administrators and police had failed her client, who was a 17-year-old junior at the time of the alleged incident in November 2015.

Related: No action from CMS months after report, recommendations on addressing sexual violence

The case first came to light through a WBTV investigation in the weeks following the incident.

Three years later, in November 2018, the former student filed the lawsuit against CMS and CMPD.

WBTV has spoken to more than a half dozen women who reported being raped or sexually assaulted by male classmates at Myers Park to both administrators and police between 2014 and 2021 with no action being taken in any of the cases.

Despite the ruling to remove CMPD, the trial will proceed on Friday as CMS remains part of the lawsuit.

Previous Coverage: Former Myers Park HS student opens case against CMS, CMPD over handling of reported rape