The Detroit Free Press has reported that a local teacher is at the center of a personal injury lawsuit, for allegedly chaining a special-needs student into a box that resulted in the student sustaining bruises and emotional suffering.
Geoffrey Fieger is representing the student's mother, A.T. The suit was filed in Wayne County Circuit Court on April 25. The student, A.S., 20, cannot speak. The school A.S. attended at the time of the injury was the Drew Transition Center.
Detroit teacher C.W. has been accused of chaining A.S. into a chest-high box, as a form of corporal punishment, on October 7, 2011. A.S. proceeded to panic in the box and that caused her to topple over – with the box on top of her.
Named in the suit are principal R.A. and the Detroit Public Schools for their negligence in allowing the box to be used in the school on a special-needs student.
Martin Shepherd, co-counsel for A.T., said that A.S. is "nonverbal, so it's not like she could've said anything to deserve it or said anything to complain against it. It's corporal punishment, and it's against the law."
The Drew Transition Center cares for severely impaired special-needs students between the ages of 20 to 26. It is as a post-secondary vocational center in the Detroit Public Schools district.
C.W. called the lawsuit's allegations a "complete fabrication." She explained that the standing box is only used to protect students from harming themselves or others – not as corporal punishment. A student stands in the box, held closed by a door, and that there is no chain on the box.
C.W. said that A.S. had a habit of spitting and throwing mucus on other students. On October 7, due to this behavior, she was placed in the box for 10 minutes. During this time, according to C.W, there were 14 other students present along with three teacher's aides.
Before placing A.S. into the box, C.W. said she tried to calm A.S. with music – but A.S broke the music equipment.
C.W. said, "It was for her protection. Nothing toppled over. She was not in a situation of neglect. I would never use corporal punishment, and the principal would not even allow corporal punishment."
According to state law teachers are allowed to use reasonable force if they feel the need to protect a student from hurting themselves or those around them.
Elmer Cerano, the executive director of the federally-funded nonprofit, Michigan Protection and Advocacy Service, said, "School districts can do things that parents would be arrested for doing" yet "We can't throw the teachers under the bus on this one. They should be trained on how to intervene and should have the supports they need to eliminate the behaviors before they escalate."
If your child has been injured while on a school campus contact a personal injury lawyer to file a lawsuit. Action can force change, while inaction allows a problem only to grow worse.