Posted on 10/28/2014 3:04:40 PM PDT by knak
MILFORD -- The family of a 7-year-old girl is suing the city and the Milford Public Schools after officials allegedly refused to allow the child to return to school following a family trip to Nigeria. According to the 16-page suit filed Tuesday in U.S. District Court, city officials said they based their decision on fears over the outbreak of Ebola overseas.
But a lawyer representing the child and her family said she was never sick, and was never at risk for the disease and that the city and school district acted irresponsibly. "One would think that a school, an instituion of learning, wouldn't take such an action," said Gary Phelan, a partner at the law firm Mitchell and Sheahan in Stratford. "They decided it's more important to go along with fears, stereotypes and a lack of information" than to protect the student.
The family is seeking $250,000 in damages and asking that the child be allowed to return to class immediately at Meadowside Elementary School, where she is a third grader.
According to the lawsuit, the child -- Ikeoluwa Opayemi -- traveled with her father, Stephen Opayemi Oct. 2 to 13 to Lagos, Nigeria for a family wedding. On the Oct. 10, Milford health director and school medical advisor Andrew Dennis McBride reportedly called Ikeoluwa's mother, Ikeolapo Opayemi, and told her that the Connecticut Department of Public Health had told local public health departments to screen everyone who had recently traveled to Africa for Ebola. The mother aggreed that her daughter could be screened when she returned to the United States.
But, the day that Ikeoluwa and her father came back into the country, McBride reportedly called the family and said that Ikeoluwa shouldn't return to Meadowside, due to concern from some parents and teachers that she could transmit Ebola to other students.
Ebola is a contagious illness that has killed more than 4,000 people, mostly in the West African countries of Liberia, Guinea and Sierra Leone. Though there was a small outbeak of Ebola in Nigeria, which caused 19 illness and seven deaths, there hasn't been a case in the country in more than a month.
Department of Public Health spokesman William Gerrish wouldn't comment on whether the department has requested screenings of everyone who has been to Africa. However, screening protocols released by the department of health released on Monday only said that travelers from Liberia, Guinea and Sierra Leone would be monitored for Ebola upon returning to the United States. Nigeria hasn't been mentioned as a "red flag" country by state health authorities.
According to the lawsuit, after McBride's request, Stephen Opayemi offering to have his daughter screened by an independent doctor for Ebola. McBride reportedly declined.
At a meeting on Oct. 15, between McBride, Ikeoluwa's parents, Milford Superintendent of Schools Elizabeth Feser and Meadowside principal Gail Krois, McBride said Ikeoluwa should be kept at home for 21 days. The lawsuit alleges that McBride told the family "although the `risk of infection' with Ikeoluwa might be minor, the primary reason for his decision that she be `quarantined' at home for 21 days was due to the rumors, panic and climate at Meadowside."
A few days later, Stephen Opayemi sent an email to McBride, Feser and Krois saying that, unless he received an official email confirming McBride's instructions to keep his dauther at home, his daughter would return to school on Monday, Oct. 20. During a follow-up meeting between Feser, Ikeoluwa's parents and other school officials, Feser said the girl shouldn't return to school until this coming Monday. Feser added that if the girl did return to school on Oct. 20, she would be removed by police.
McBride wouldn't comment on the lawsuit, saying he can't speak on pending litigation.
Ikeoluwa remains at home, despite completing a medical evaluation on Oct. 24 that concluded that she was health and could participate in school without restrictions. Phelan said Ikeoluwa has been tutored at home since the "quarantine" order was issued.
Phelan is suing under the Americans with Disabilities Act. Though Ikeoluwa doesn't have a disability, Phelan said the act also protects those who don't have a disability, but are treated like they do.
Suing under the ADA means the family can't seek punitive damages, Phelan said. The parents are just looking to be compensated for legal costs and their daughter's emotional trauma and for their daughter to be allowed to return to school as soon as possible.
He said the Opayemi family was reluctant to file the suit, but ultimately decided to do so for several reasons. The first was so "their daughter, in the future, would know they fought for her," Phelan said.
But Phelan said the family also hopes to quell some of the misinformation about Ebola and to prevent other families from going through this. "Perhaps this will deter other municipalities from taking this kind of action," he said.
What kind of idiots are going to Nigeria
“What kind of idiots are going to Nigeria”
Someone in the give-me-dat class.
The school acted properly. If the family somehow prevails, my bet is the entire school will suddenly homeschool - case closed.
And what teacher/administrator will not call in sick for three weeks straight?
Barry’s new “American dream”. Sue the taxpayers’ asses off! Woot! Now that’s what I call some serious wealth redistribution. If we had some real “judges” and jurors with brains in this country, the shyster lawyer would be thrown in jail and the freeloaders givens 10 seconds to get the he!! out of the courtroom.
Progressives will drain the limited resources of every local government and health care facility.
The same kind of people that these parents are likely work at that school. However the principal, or someone has some common sense. But definitely not homeschool. The school will likely be a ghost town for 3 weeks. If they win the lawsuit, I would be surprised. Government schools, with government rules, and when you endanger your other classmates with infectious diseases you are sent home. TB/Chicken pox , etc. All got one sent home for weeks from school when I was in middle/high. These parents have no leg to stand on.
Well, consider the hardship this family was under. They probably had to pay for a babysitter during the day instead of receiving free childcare while school was in session.
I can understand having differences of opinion on this subject, but to sue? Money grabbers. How many trips back to Nigeria will that pay for. They should be fined for frivolous law suits.
Cloward-Piven
Countersue for the costs of the taxpayer to manage the risk of ebola.
..and make it a class-action suit enforceable on ALL illegal immigrants without documented ebola risk-free preparation before entrance into the country.
Make it very public. Make sure every illegal immigrant knows they will have a very large debt to society to pay if they come here, which will be enforced. If unable to pay, let them work in an ebola ward to pay it off.
I can see quarantining the kid if she was in one of those places where the Ebola dead were being tossed into the rivers, where the epidemic is raging out of control, but she wasn’t in such a place. That being said, a quarter-million for keeping her out of school a few days is ridiculous. I can understand not wanting to be stuck inside for days on end with a small child, but...
Nigeria, believe it or not, is Ebola-free.
How did this happen, after a Liberian-American diplomat named Patrick Sawyer fled quarantine in Liberia and went to Lagos, infecting some 20 people.
Nigeria, unlike the USA, fought back! They banned all cross-border traffic from Liberia, Sierra Leone and Gambia. No people off of ships or planes from those countries also. They locked up and treated EVERY person Sawyer had contact with.
So just last week the World Health Organization (WHO) certified Nigeria as Ebola free. The organization arrived at the decision because no new cases were reported in the country since after the outbreak back in August, caused by Sawyer.
Too bad we are not as thorough.
Right, they had a brain about this, as should we all.
The ones who are trying to collect the $30,000,000 some Nigerian Prince promised to them in an email.
I have a better idea...deport the entire family back to Africa. Gutter scum.
The Left Wing in this country has a political correct death wish for us all. Being not perceived as racist trumps all common sense they *might* have had.
Everyone of us should keep that in mind when we vote next week (and by all means, vote!).
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