INDIANAPOLIS — Wagner Reese, a personal injury and sexual abuse law firm, has filed an Indiana Tort Claim Notice against the Metropolitan School District of Martinsville.
This action stems from allegations that the District negligently hired and retained Brittany Fortinberry, a teacher accused of sexually abusing multiple male students, including a 13-year-old victim represented by attorney Jason Reese.
On March 26, 2025, the claim was filed, alleging that the student was molested and sexually abused due to the District’s negligence. Mr. Reese emphasized that his client aims to prevent similar incidents from occurring in the future, highlighting the urgent need for accountability.
According to court documents, Brittany Fortinberry has been accused by at least ten male victims, aged 13 to 16, of engaging in a range of sexually exploitative behaviors. These accusations include supplying drugs to minors, engaging in group sexual activities, soliciting and sending explicit photos, and other serious offenses.
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Fortinberry, a former middle school math teacher at Eminence Community Schools, faces numerous criminal charges in Morgan County, including ten counts of child molestation and eight counts of disseminating harmful materials to minors. These new charges are in addition to previous allegations that included counts of sexual misconduct.
The family of the victim, identified as David Doe, expressed their shock that the school district failed in its duty to protect their son. They allege that district administrators were aware of inappropriate behavior by Fortinberry but chose to overlook it, failing to report her actions in a timely manner.
As part of the claim, David Doe is seeking compensation for his physical and emotional injuries, pain and suffering, and other damages permissible under Indiana law. The lawsuit indicates that the District could be liable for $700,000 for each incident of sexual assault. Additionally, his parents are seeking compensation for the trauma and emotional distress caused by Fortinberry’s actions.
WRTV has reached out to the school district for a statement and we are waiting for a response.
