A former teacher once accused of assaulting a student is suing the Oak Harbor School District for keeping and releasing records that he claims were false, defamatory and an invasion of his privacy, according to court records.

James Pruss and his wife Lori Pruss filed the complaint for damages in Island County Superior Court April 8. The complaint, written by attorney Michael Andrews of Everett, asked for general and special damages in an unspecified amount.

School district officials declined to comment on the litigation, but they released a statement denying the validity of the claim.

“The release of records by the School District was lawful,” the statement says. “Indeed, the School District was required by law to release the records after it received the court-issued subpoena and the Public Records Act request.”

James Pruss was a gym teacher at North Whidbey Middle School in February of 2007 when a 12-year-old girl accused him of touching her breast during a basketball game. Pruss vigorously denied the allegation and claimed the contact was an accident.

Pruss was charged with assault in the fourth degree with sexual motivation, but the city attorney later dismissed the charge as part of a deal in which Pruss had to voluntarily retire.

School district administrators, however, had already fired Pruss months before over the alleged incident.

The girl’s mother made a public records request to the school district for records related to Pruss. The records included many complaints that had been made against Pruss by students, parents of students and school district employees. The complaints included claims of inappropriate touching; they were investigated by the district, but Pruss was cleared of wrongdoing.

In addition, a police detective investigating the assault case obtained a subpoena ordering the school district to produce copies of documents related to Pruss’ employment. The district complied and turned over the paperwork.

The claim states that the school district’s collection, maintenance and release of the “false statements and records” was a violation of state law, common law and Pruss’ right to privacy.

“The information release was highly offensive, and not of legitimate public concern,” the report states. “The release of the information was wrongful and proximately resulted in damage and injury to plaintiffs, including but not limited to loss of employment, loss of wages and benefits of employment, embarrassment and humiliation, negative publicity and republication, harm to reputation and business expectancies, damage to the husband wife relationship, emotional distress, and special and consequential damages.”

School district officials, however, claim they were abiding by the law in keeping and releasing the documents. “The School District does not have a discretion to hide records from the police or from members of the public when it receives a subpoena or public records request,” the school district’s statement indicates.

The state Office of Public Instruction investigated a complaint against Pruss related to the 2007 incident, but the case was dismissed for lack of evidence in May of 2008, according to Charlie Schreck, director of the Office of Professional Practices.

Prior to being a gym teacher, Pruss was a high school choir teacher. In 2003, Pruss’ teaching certificate was temporarily suspended because Pruss inappropriately raised and diverted choir and booster club money.

The Pruss family had no comment and referred the News-Times to their attorney. Andrews did not return a call for comment.

The Oak Harbor Education Association is not involved in the litigation, according to President Mike Watson.