LOUISVILLE, Ky. (WDRB) -- The family of a DeSales High School student who was expelled and banned from graduating because of an accusation that was never substantiated has filed a lawsuit against the school.
The lawsuit was filed by Louisville attorney Ted Gordon, on behalf of the family, Monday afternoon. It states that the student was accused of selling THC vape cartridges, with no evidence to back up the accusation — a violation of the 14th Amendment of due process, according to Gordon.
"We asked them before we ever filed suit," Gordon said. "Show us any type of the evidence, a person, anonymous with a statement or any type of drugs that they had confiscated that were sold, put him on probation let him go back to school. If he burps the wrong way, kick him back out and let him graduate. All of that was refused. 'We don't have to do it. We're a private school. He has no rights.'"
DeSales Principal Anastasia Quick and Dean of Students Lance Hammond are named in the suit.
The lawsuit claims the school refused to provide any evidence that Cole Brite, a senior, sold drugs to another student in February 2024. That student was never identified, and no THC cartridges were ever shown to the family, according to the suit.
"We think they just, 'we can do what we want to do.' That doesn't seem right," Ross Brite, Cole's father, said.
School officials are accused in the lawsuit of illegally searching the car Cole Brite drove to school, that belongs to his mother, without consent.
"The illegal search devoid of probable cause produced old garbage that included empty and used packages of alleged drug paraphernalia. Said packages were not tested for drug residue," the suit states.
"I don't believe that he did what they said he did," Kelli Brite, Cole's mother, said. "We wouldn't be here if we did," Ross echoed.
The school also refused to return any portion of the $48,000 in tuition the family paid to the school, according to the lawsuit.
The lawsuit also mentions that "DeSales High School accepted over $1 million of federal funds pursuant to the Emergency Assistance to non-public schools and should be designated as a public school for purposes of due process of law" and has therefore vacated its status as a private school.
WDRB reached out to the Archdiocese of Louisville, which said it does not comment on active litigation.
Cole Brite's father, Ross, had this to say about the situation:
"We are deeply disappointed in DeSales High School for expelling our son based solely on unproven accusations from another student of the distribution of THC cartridges. There was no physical evidence — only assumptions. Yet, he was denied due process and stripped of his right to attend senior retreat, prom, and graduation with his classmates.
"We entrusted DeSales to provide a Christian, supportive environment. Instead, they treated our son like a criminal and simply turned their backs on him.
"This experience has caused him and his family significant emotional distress, including depression and anxiety. We are seeking justice—not just for our son’s name to be cleared, but to ensure no other student endures the same unfair treatment. DeSales must be held accountable."
The lawsuit demands the return of the $48,000 in tuition, as well as the costs incurred by the family for Cole Brite to complete his high school education.
"All of us got to graduate from high school, and what beautiful memories not only of walking across the stage with all the crazy yelling that shouldn't have happened and getting a diploma, but going to the prom and saying goodbye to all our friends that we'd had for four years, and when you miss that you miss part of life," Gordon said.
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