This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Education Law
Individuals with Disabilities Education Act
Americans with Disabilities and Rehabilitation Acts

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

William H. Alsup

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.


#135033

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390