$31.5 million suit filed in school bus abuse case
By:
Published: November 23, 2011
Published: November 23, 2011
An Appomattox County boy and his mother filed a $31.5 million lawsuit against the county, the school board and several employees in the wake of a child abuse case.
Last week’s filing comes on the heels of a similar $20 million lawsuit filed against Bedford County Public Schools last month. Both cases involve allegations of abuse against disabled children bused out of their home districts to special-education schools in Lynchburg.
An attorney for Roxanne Haskins and her 10-year-old son filed the lawsuit on Nov. 15. It names Appomattox County, the Appomattox County School Board, Superintendent Dorinda Grasty, Transportation Supervisor Matt Lair and former bus driver Nancy Davis.
The lawsuit claims the boy had been diagnosed with attention deficit/hyperactivity disorder and was selected to attend the Rivermont School in Lynchburg beginning in March. Centra Health operates the school for children with emotional, behavioral and learning difficulties.
The suit continues to allege Haskins’ son was bullied by two older boys almost immediately and the bullying continued over weeks and months, even after Haskins notified Davis and Lair directly. Specifically, on May 5, the suit alleges the two repeatedly assaulted the boy, punching and strangling him and burning him with a cigarette lighter.
Davis, 64, was charged with felony child neglect after an Appomattox County deputy investigated the claims. The older boys, both 15 at the time, were convicted of assault and battery in juvenile and domestic relations court.
Davis was set for a jury trial Monday, which was delayed when the judge had to dismiss so many school division employees that the jury could not be seated.
Judge Marvin Dunkum, who viewed the video in a July preliminary hearing, described it as “just plain, disgusting behavior.”
The video shows Haskins’ son screaming “stop,” and “no,” while the older boys can be seen striking him and cursing him repeatedly. At one point, Davis tells the older boys to leave him alone and separates the children. Later she tells an older boy to sit with Haskins’ son and “make him quiet.”
“These little kids are going to find out they can’t play with the big boys,” she can be heard saying.
In addition to claims of negligence and infliction of emotional distress, the suit claims Grasty, Lair and the school board violated the boy’s civil rights. It claims those who supervised and employed Davis should have investigated Haskins’ complaints and ensured Davis was trained properly to safeguard the children.
The suit notes Davis should have been given an aide as supervisors were fully aware the children on the bus had a history of behavioral problems. Davis’ lawyer, Joseph Sanzone, claimed in an earlier hearing that Appomattox County is the only local division not to provide an aide.
The boy asks for an award of $5 million from the county and $6 million from each of the other defendants for a total of $29 million. Haskins asks for $500,000 from each defendant for a total of $2.5 million.
Lawyers representing the county, school board and its employees declined comment Wednesday. Haskins’ lawyer, Anthony Tacconi of Glen Allen, could not be reached for comment.
The lawsuit in Lynchburg against Bedford County Public Schools was filed last month after a bus driver and aide were captured on video striking a different disabled child on a bus in 2009. The autistic boy was being transported to another school.
As always, please consult with a Virginia attorney about legal issues raised in this article. Every situation is unique.
Tucker Griffin Barnes - Where deep insight equals powerful advantage.
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
No comments:
Post a Comment