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Can we sue the school district in this situation?

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Loya

New member
Wyoming


Back in October my 15 year old non-verbal autistic little brother was physically abused by one of his teacher aides.

I’ll start from the beginning.. My brother is to be supervised at ALL times. In this particular day he managed to get away from the aides. At this time the school was under construction so there were construction vehicles sitting around. My brother is on the very severe end of the spectrum and has a slight form of mental retardation as well. He is unable to sense danger or make logical decisions. This is why he is to be supervised at all times. He seen a construction truck, was excited and climbed in. Moments later the teachers finally realized he was no where to be found so they searched and found him in the dangerous work vehicle. They immediately urged him to get out, my brother fell out and scraped his knees in which made him very upset and became defiant. The teacher aide was struggling with getting him inside but finally managed to do so. At this point the teacher aide became angry and open hand smacked him in the face. There were witnesses that immediately reported it. The teacher was then put under investigation and later was either “let go” or “resigned”. The school district did not let out that information. We then proceeded to make a police report but he was never charged with anything. Almost a year later and this is something that we still are struggling to get over. Is there a potential lawsuit here?
 


quincy

Senior Member
I don't see that there can be a successful lawsuit filed against the school over the incident in October. The school and police both investigated. The school investigation resulted in the dismissal of the teacher aide. The police investigation resulted in no charges.

Your brother was not seriously harmed, from either his own actions or the actions of the aide.

Your parent(s) can consult with an attorney in your area for a personal review but I see no legal action to pursue.
 

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