Family of Elk Grove middle-schooler with disabilities sues district over 3 alleged incidents
An Elk Grove parent recently filed a lawsuit against the Elk Grove Unified School District accusing the district of discrimination, negligence and child abuse related to three incidents last year they say resulted in physical injuries and emotional distress to their son.
According to court documents, there were three separate incidents involving a T.R. Smedberg Middle School male student with intellectual disabilities, epilepsy and autism.
The district is being sued for assault, battery, negligence, intentional infliction of emotional distress, breach of duty care, violation of civil rights, violation of child abuse and neglect reporting act, false arrest, imprisonment and kidnapping, according to the lawsuit filed March 28 in Sacramento Superior Court.
According to the lawsuit, the student suffered physical and emotional injuries following the incidents. Court documents allege the first incident occurred August 2023 when the then-seventh grade student had his upper right arm “intentionally, recklessly, negligently, and forcefully grabbed” by a paraeducator, causing pain and bruising. The lawsuit said the teacher remains employed by the district.
The next incident happened months later, the lawsuit said, in October 2023. The student stepped on a broken perfume bottle that was left on the ground near the basketball courts, according to the complaint.
The lawsuit said the student suffered a foot injury as glass went through his shoe and into his foot. Court documents alleged the incident happened at approximately 11:30 a.m. The student’s injury went unnoticed by school employees, according to the lawsuit. When he arrived home later that day at approximately 3:30 p.m. his parents noticed him leaving a trail of bloody footprints around the house. Their child suffered deep puncture wounds, bruising, missed three days of school due to foot pain and was placed on antibiotics, the lawsuit alleged.
The third incident, according to the court documents, happened December 2023 when the student who usually commutes to school by bus was not dropped off at his residence at his usual time.
The lawsuit said another student in a wheelchair fell in front of the bus, causing a delay in getting passengers to their designated bus stops or residences. Court documents described the students on the bus being “visibly distressed.”
When the male student’s parents showed up to pick up their son, court documents allege that the bus driver would not release him despite seeing his parents’ ID cards. Law enforcement eventually got involved, ultimately instructing the driver to release the student to his parents after an hour. The lawsuit alleges the bus driver is still employed by the district.
Elk Grove Unified spokeswoman Lisa Levasseur said the district “does not comment on pending or ongoing litigation.”
Court documents said the child’s civil rights were violated, including the Americans with Disabilities Act.
The family, the lawsuit said, is seeking compensatory damages for general damages; medical, incidental and special damages incurred up to the time of trial; and attorney fees.
This story was originally published April 9, 2024 at 12:53 PM.
