Facts

John Doe, a minor, sued The Learner-Centered School Inc., Antioch Charter Academy II, Michelle Mankewich, Marianne Dubitsky, Jeannie Dubitsky, and Julie Fajeau.

Plaintiff was a student at a charter school in Antioch.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that his teacher duct-taped his mouth while another student held him down under a chair. Plaintiff was then publicly ridiculed by his classmates. Plaintiff, who suffered from asthma, claimed he suffered an attack as a result of the teacher's conduct and the public humiliation. Plaintiff further alleged that the school administrators failed to report the incident and/or take proper action.

Plaintiff asserted causes of action for unreasonable seizure and excessive force, supervisory liability, violations of the Bane Act, violation of the Ralph Act, violations of the Unruh Act and the Disabled Persons Act, Title II of the ADA, assault and battery, false imprisonment; intentional infliction of emotional distress, aiding and abetting, civil conspiracy, negligent infliction of emotional distress, negligence, negligent supervision, negligent hiring, training, supervision and retention; premises liability, and negligence per se.

DEFENDANTS' CONTENTIONS:
Defendants claimed plaintiff's complaint lacked evidentiary support. Defendants contended that plaintiff's claim for damages was unsupported by any evidence and any treatment plaintiff received was insignificant.

According to defendant, despite plaintiff's lack of evidence, there was value in eliminating the risk of substantial attorney fees if even minor damages were found.

Result

Defendants' insurance carrier agreed to pay $250,000 in settlement.

Other Information

FILING DATE: Aug. 8, 2013.