Case details

Unsupervised student was sexually assaulted, mother alleged

SUMMARY

$100000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On Sept. 29, 2016, the plaintiff, a 6-year-old kindergarten student, was sexually assaulted by two older students. The 6-year-old was enrolled in Twin Rivers Unified School District, at an elementary school in McClellan, when he and other students in his class were transferred by the school district to Pathways Community Day School, in North Highlands. Shortly after being transferred, the student was sexually assaulted by two older students who attended the community day school. The 6-year-old student’s mother, V. Williams, acting as her son’s mother and natural guardian, sued Twin Rivers Unified School District and the superintendent of Twin Rivers, Dr. Steven Martinez. Williams alleged that the defendants negligently supervised her son and the older boys who sexually assaulted him. Martinez was dismissed from the case by the court early in the proceedings. Plaintiff’s counsel contended that the student’s class was overcrowded and that in an effort to reduce class size, the school district transferred students to a community day school, which is an alternative school for troubled children with emotional and behavioral problems. Counsel asserted that after the student was transferred to the community day school, the teachers and assistants at that school left the students unattended in a common area at Pathways Community Day School, resulting in the sexual assault. The school district admitted liability., Williams claimed that the two older students took her son behind a building and sexually assaulted him. She alleged that as a result of the assault, her son has suffered severe physical, mental and emotional trauma that will likely haunt him for the rest of his life. She further alleged that her son continues to require counseling. Williams, acting on behalf of her son, sought recovery of future medical costs related to her son’s counseling. She also sought recovery of damages for her son’s physical and emotional pain and suffering.
COURT
United States District Court, Eastern District, Sacramento, CA

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