K.H., a minor, by and through his Guardian ad Litem Martarice Humphrey v. Antioch Unified School District; Catapult Learning West LLC dba Sierra School of Antioch; Samuel McBride; Jonique Andrews; Bruno Diaz; Cory Moore; Ruth Rubalcava; Stephanie Anello, and Does 1 through 50
Published: Jul. 2, 2020 | Result Date: Apr. 25, 2020 |Case number: C 18-07716 WHA Settlement – $450,000
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Alan Goldstein
(The Bloom Firm)
William E. Shapiro
(The Bloom Firm)
Raquelle A. DeLaRocha
(The Bloom Firm)
Ian A. Hansen
(Liberty Law Office)
Micha Star Liberty
(Liberty Law)
Defendant
Louis A. Leone
(Leone, Alberts & Duus)
Brian A. Duus
(Leone, Alberts & Duus, APC)
Seth L. Gordon
(Leone & Alberts APC)
James Scott Donald
(Spinelli, Donald & Nott)
for Catapult Learning West LLC
Lynn Anne Garcia
(Spinelli, Donald & Nott)
for Catapult Learning West LLC
Facts
Antioch Unified School District placed 14-year-old K.H., who has a learning disability, at Sierra Schools, which is a private special education school operated by Catapult Learning West LLC's subsidiary. K.H. filed a lawsuit under the Americans with Disabilities Act following an interaction between K.H. and two teacher's aides.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that Sierra School's teacher's aides grabbed him, forced his hands behind his back and led him to classroom with their hands on the back of his neck after he left the classroom because he became agitated, as he was instructed to do in his training. Plaintiff contended that when he asked them to let him go, they slammed him into the floor and restrained him. He contended he left with a gash under his eye, a split lip and bleeding gums.
DEFENDANTS' CONTENTIONS: Defendants denied the contentions.
Result
Sierra Schools settled with plaintiff for $450,000 including $159,536 in attorney's fees and $51,161 in reimbursement of expenses.
Other Information
Defendant Antioch Unified School District was granted summary judgment as to the Americans with Disabilities Act and other federal claims against it.
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