Judge: School not liable in abuse lawsuit

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Judge: School not liable in abuse lawsuit

Written by Shultz

Monday, March 30, 2009

The federal judge overseeing a lawsuit involving four autistic children whose

families allege the children were abused in Darien schools during the 2003-04

school year, ruled that the district is immune from liability in the case.

However, attorney Mark Sherman, who is representing the families, plans to

pursue the case against the teacher and two aides, saying that the school's

insurance policy is still financially backing the three administrators.

Sherman previously said that the case is " rooted in the negligent supervision of

the Early Learning Program at Hindley " and he has taken two years of depositions

from 20 witnesses to support that.

He said defendant , who was in charge of the classroom, was

overwhelmed with administrative work so she had teachers' aides in charge who

were not certified and had no experience.

Sherman said the aides, Johanna Galiatsos and Kim Granite, were fired but only

after his clients suffered six months of abuse.

Examples of abuse by the aides in Sherman's motion include slapping of the

children's hands, slamming them in a chair, pushing them down, and verbally

abusing them by telling them to " stop being a baby. "

At the time, three of the children were three years old, and one was four.

Sherman said that the court's decision to grant a trial in the case against the

teacher and aides " recognizes a big problem in that classroom. "

He said that civil case allows his clients to seek punitive damages and the

attorney's fee, and said that the trial could begin some time this summer. The

case is being overseen by senior U.S. District Judge Warren W. Eginton in

Bridgeport.

" The Board of Education is gratified with the court's determination that there

is no liability on the part of the Town, the Board or our administrators in this

case, " Board of Ed Chairman Boulton said in an e-mail to The Darien Times.

He said the board works hard to avoid the costs and uncertainty of litigation.

" However, in those instances where it is unavoidable, we will vigorously assert

all defenses available to us, and our track record in those cases has proven to

be very solid, " Boulton said.

In 2007, the school district prevailed on a due process hearing regarding the

use of a padded room at Ox Ridge Elementary School. Special education parents

were seeking tuition from the district for their autistic son to attend a

private school after the mother said the child was placed in the room

inappropriately.