Case details

Lawsuit: School staff negligent for physically restraining student

SUMMARY

$450000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
brain, concussion, emotional distress, face, facial laceration, head, headaches, mental, nose, psychological
FACTS
On Dec. 12, 2017, the plaintiff, a 14-year-old special education student at Sierra School of Antioch, was bothered by another student in his class. He requested, and was granted, permission from his teacher to leave the classroom so that he could remove himself from the situation and practice his calming techniques. The student was previously enrolled as a student in the Antioch Unified School District’s special education program in January 2014, and he was placed in the special day class for 100 percent inclusion in the special education program at Sierra School. The school district and school developed a behavior intervention plan, as well as an individualized education program, for the student and, in November 2017, the district and school identified positive interventions for the student based on the behavior intervention plan. The positive interventions included giving the student permission to remove himself from the classroom whenever he becomes agitated so that he could calm himself. After the student left his classroom on Dec. 12, 2017, an aide at Sierra School, Samuel McBride, approached the student, grabbed him by his shirt and pulled him back toward his classroom. McBride asked a nearby teacher, Jonique Andrews, to help him get the student back to his classroom. Andrews grabbed the student by the wrist and forcibly placed the student’s arm behind his back while McBride took the other wrist and also placed it behind the student’s back. Andrews then grabbed the back of the student’s neck, and Andrews and McBride marched the student back to his classroom. When they returned to the classroom, the student asked to be let go. Instead, McBride and Andrews slammed the student to the ground, causing the student’s head to crash into a desk before hitting the floor. Andrews and McBride then kept the student in a restraint, where they held the student to the ground while immobilizing all four of his limbs. The 14-year-old student, acting by and through his guardian ad litem, Martarice Humphrey, his father, sued McBride; Andrews; the Antioch Unified School District; the provider of the school district’s state contracted instructional services for grades K through 12, Catapult Learning West, LLC; a teacher for the school district, Steve Nosanchuk; the school district’s director of special education, Ruth Rubalcava; the school district’s superintendent, Stephanie Anello; the director of Sierra School, Bruno Diaz; and the administrator of Sierra School, Cory Moore. (Although Catapult Learning West was in contract with the school district to provide K through 12 instructional services as Sierra School of Antioch, the school’s staff comprised both district and Catapult employees, all housed within the school district facilities.) The student alleged that McBride and Andrews were negligent in their supervision of him and that the defendants’ actions constituted violations of his civil rights and the Americans with Disabilities Act. Plaintiff’s counsel asserted that none of the interventions or strategies developed and implemented by the defendants authorized Sierra School staff to use any kind of physical force, touching or restraint., The 14-year-old student sustained a laceration under his left eye. His parents took him to a hospital after he complained of head pain and disorientation the day after the incident. The student was ultimately diagnosed with a concussion. Plaintiff’s counsel contended that the student suffered from emotional distress as a result of having to return to school. Counsel contended that as a result, the student needs continued therapy and monitoring for his emotional distress. The student sought recovery of past and future medical costs, and damages for his past and future pain and suffering.
COURT
United States District Court, Northern District, San Francisco, CA

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