Posted on 06/15/2004 7:28:02 AM PDT by the_devils_advocate_666
The family of a 16-year-old University High School girl has filed a lawsuit against the Monongalia County Board of Education, a district bus driver and five male students regarding a reported school bus assault.
The victim and her father -- who filed on her behalf -- brought the lawsuit via their attorney Pete Dinardi on Monday afternoon at Monongalia County Circuit Court. The Dominion Post is withholding the father's name to protect the victim's identity.
The nine-page complaint brings action against the BOE, five unnamed Mon County School students ages 14-16 and bus driver Ida Osecky.
The lawsuit requests monetary relief from defendants totaling more than $2 million -- $1 million in compensatory damages, $1 million in punitive damages, plus attorney fees, court costs and other relief the court deems just.
State Police said that on April 23, a school bus security camera captured the five students holding the victim down by her hands, legs and ankles and repeatedly assaulting her.
Dinardi said another tape -- a home video taken by another student who rode the bus -- also captured the incident.
"Our main goal is to make sure this doesn't happen again," Dinardi said Monday. "There are a lot of other people out there who are voicing the same concerns -- several mothers."
In a press release sent out last week, Mon County Superintendent Dr. Michael Vetere said "inappropriate action" did occur on the bus, and that the board had instituted disciplinary action against the students who were involved, including suspension and expulsion.
The BOE took action against six students, but the lawsuit names only five.
Troopers said the five juveniles have been charged with battery and are being dealt with in juvenile court. Dinardi couldn't say if any of the juveniles have had a hearing yet. "I'm assuming not," Dinardi said.
Charges have not been filed against Osecky.
The first count of the complaint states the BOE is responsible for the actions and/or omissions of its bus drivers, including Osecky.
The lawsuit states Osecky "knew or should have known of the attack and did nothing to stop or prevent it."
Mon County Director of Transportation Irv Schuetzner said he could not comment if Osecky knew the attack was taking place as she drove the bus.
When The Dominion Post called Osecky, she was not aware the lawsuit was filed.
She said she had "no comment," then continued: "I'm very upset with the Board of Education and The Dominion Post -- there have been so many things wrong since day one."
After being asked to detail what was wrong, Isecky hung up the phone.
According to the lawsuit, the victim, "without provocation, was viciously attacked and physically held down and assaulted by the five defendants" while the school bus was in motion.
During the eight-minute attack, the complaint states, "the plaintiff was repeatedly held down, restrained and had her body and person physically assaulted, touched and grabbed in various ways by the five defendants, which included touching and grabbing i* a sexually suggestive nature."
According to a three-week-long investigation by Mon County School administrators, the girl was not physically injured.
Mo Rubenstein, the school board's general counsel, said the lawsuit was expected.
"Pete's been mentioning he was going to pursue litigation for the last several weeks," Rubenstein said. "I'm not surprised."
Rubenstein said he plans to refer the lawsuit to the state Board of Risk and Insurance Management, which will in turn hire a lawyer to represent the BOE.
Vetere only learned of the lawsuit Monday afternoon when contacted and had no comment.
The second count of the lawsuit states the BOE should have known Osecky was "unfit and/or incompetent to properly perform her duties as a bus driver." The complaint says Osecky could have "prevented the assault or at least stopped it after it started, but failed to take any action whatsoever."
As a result of the assault, Dinardi said his client suffered severe emotional and mental distress and "is not able to attend school, go out in public or engage in normal activities."
Dinardi said the victim plans to visit a psychologist two to three times a week.
The victim has not returned to school since the day of the incident; Dinardi said she's undergoing professional counseling.
"She's been absent from school pursuant to doctor's orders," Dinardi said.
The state Department of Health and Human Resources filed a truancy charge against the victim in late May.
Dinardi said he met with a representative from DHHR, the BOE and the victim's father Friday to discuss the truancy charge.
A truancy hearing has been set, but Dinardi said he could not say when.
"They're waiting for verification if the victim's psychological trauma is short term or long term," Dinardi said.
bttt
Two questions. Wonder who's paying for the psycologist? And, I wonder how the girl will see the pshrink if she's afraid to go out in public. Not too many doctors make house calls.
You hit the nail on the head. This is just another ridiculous lawsuit filed by someone with visions of gold-plated bathroom fixtures and Persian rugs.
Granted that with no actual injury $2 million is a bit ridiculous...
If it were one of my daughters, I would SERIOUSLY consider suing the crap out of the school for 2 reasons;
1. To make sure the next time the worthless bus driver stops the bus and the assault
2. To make sure we had the funds to get her into a private school and out of the social armpit known as 'public education'.
The bus driver missing a quickie feel is one thing. But 8 minutes of assaulting , while being video taped, and kids holding down another kid is a bit much, don't you think. The bus driver knew EXACTLY what was going on, and refused to protect an innocent. She sat there and listened to the victim scream, and did NOTHING. I'd bankrupt this institution.
Part of my trouble with all this is that these kids were already trouble and going to "special" schools. I don't see why, when kids are a problem, we are forced to let them stay in the public school system.
If you love your kids get them out of public schools as quickly as you can.
I'd sue the s*** out of them for telling my kid that she couldn't defend herself.
Agreed.
The bleeding-heart-treat-them-like-the-other-kid MORONS don't seem to understand that not all handicapped kids CAN be mainstreamed.
They are not like other children, so why not have them in classes/schools where they can learn techniques to help them live their lives as normally as possible?
I guess this wouldn't be such a sore point with me if one of my daughters hadn't just spent an entire year with a 'problem' kid in her class...the teacher spent at least HALF of every day just trying to get him to behave. (at the expense of the other 20 children in the class of course)
The goal is to make it too expensive for the school to ignore problems. I don't blame the parent ONE bit.
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