Tort notice accuses Martinsville school district of hiring alleged sexual predator Brittany Fortinberry

MARTINSVILLE, Ind. — Midwest law firm, Wagner Reese, is taking legal action against the Martinsville School District by claiming the school corporation hired and retained a teacher accused of sexual misconduct.

Brittany Fortinberry was a former Indiana substitute teacher who was arrested for reportedly sleeping with multiple students. She is charged with multiple counts of child molestation, dissemination of matter harmful to a minor, and contributing to the delinquency of a minor.

The firm represents one of Fortinberry’s alleged male victims.

According to the press release from the personal injury and sexual abuse law firm, on March 26, an attorney mailed a Indiana Tort Claim Notice against the Metropolitan School District of Martinsville alleging that a male student was molested and sexually abused as a result of the district’s negligence while enrolled at John R. Wooden Middle School in the fall of 2023.

The tort claim alleges that the minor was mistreated, sexually assaulted, and molested by Fortinberry. It also said that she provided drugs to the teen.

The attorney said that their goal is to, “prevent this type of abuse from happening to other students in the future.”

The filing further states that the minor is in “emotional distress” from the “chaos” that the reported abuse has caused. The student has enrolled in therapy and counseling sessions as a result of the abuse, according to the law firm.

The minor victim and client, listed as David Doe, is requesting $700,000 per sexual assault. The parents of David, listed as John and Jane Doe, are seeking compensation for the “trauma, mental anguish, and emotional distress” inflicted on their son.

“Like all parents in the community, the boy’s family entrusted the school district to protect their
son. The family is shocked that something like this could happen. Our preliminary investigation
suggests that the school district’s administrators knew about inappropriate behavior by Ms.
Fortinberry but still chose to hire her,” said Attorney Jason Reese.

“When her abuse became known to the district, school officials neglected to timely report the abuse to proper authorities, terminate her employment, and alert parents.”

The Martinsville school district responded by stating the district is aware of the serious allegations leveled against the former employee.

The District is fully cooperating with law enforcement and remains committed to a safe learning environment for students.

The individual in question was hired by the MSD of Martinsville on October 24, 2023, and resigned on January 9, 2024. The resignation was not related to allegations of sexual misconduct.

The MSD of Martinsville conducts a full criminal background check as part of the standard hiring process for all employees. The background check for this former employee reported no criminal activity.

The safety of students is the number one priority. The MSD of Martinsville encourages students and families to report concerns through the District’s STOPit anonymous reporting system.

The District has no further comments.
MSD of Martinsville

Information will be updated as it becomes available.