Family claims boy's rights were violated
PITTSBURGH — The family of a special needs student is suing Butler County juvenile court officials in federal court, alleging that the student’s constitutional rights were violated when he was detained in 2013.
The lawsuit, filed Wednesday, claims that court officials illegally discriminated against the now 12-year-old boy, identified only as R.S., by detaining him for five days in March 2013 due to behavior that happened in an emotional support classroom in the Allegheny-Clarion Valley School District.
The suit names the county, President Judge Thomas Doerr, juvenile probation officer Amy Swigart, juvenile court master Eric Levin, juvenile court services supervisor William Rumbaugh and Assistant District Attorney Russell Karl.
The suit said the officials’ actions violated the boy’s 14th Amendment rights and the Americans With Disabilities Act.
According to the suit, R.S. was 10 years old at the time of the incidents. He has a mood disorder, anxiety disorder and attention deficit hyperactivity disorder.
He was a student in the Karns City School District, and the district said he would experience “melt downs” and “shut downs,” where he sometimes would direct outbursts at inanimate objects.
In December 2012, R.S. was charged with two incidents at school, and entered into a consent decree with the court system, placing him on probation for six months, after which the charges were to be dropped if the terms of the decree were followed.
R.S. was placed in an emotional support classroom in the Allegheny-Clarion district, where he continued to have “melt downs.” On March 12, 2013, the boy’s behavioral consultant contacted Swigart, who acted as the boy’s probation officer, to report three disability-related behavioral incidents at school.
On March 13, Swigart visited R.S. at school. She found him calm, but as she approached, he began yelling, screaming and flailing his limbs. Swigart attempted to engage the boy, and ended up being struck in the thigh by his leg.
The suit said Swigart and school personnel were not following the boy’s behavioral support plan, and worked with him in a way previously found to exacerbate his distress.
The boy’s mother, identified only as S.S., arrived at the school and spoke with Swigart, who told her that the boy would need to be punished, and it would happen at a March 19 hearing. Swigart then called a meeting for March 14 with S.S.
According to the suit, the mother was told the March 14 meeting would be informal, but she discovered on that day it was a full detention hearing held before Levin. The boy did not have counsel prepared, and Levin denied a request for a continuance.
Swigart testified that R.S. injured a teacher and was not stable at home. Levin ruled that the boy would have to stay at the Keystone Education and Detention Center for at least five days.
On March 18, a hearing was held and R.S. was released.
The suit said that the boy continues to suffer from his detention, saying he has regressed and has experienced further meltdowns at school out of fear that he will be detained again.
The family is seeking compensatory damages and is asking that the county be blocked from detaining the boy for any future minor incidents at school.
According to a statement provided Jeffrey Ruder, the family’s attorney, the boy’s mother said the family lived in fear that the boy would be taken away from them.
“It was impossible for us to live a normal life. We are doing this because we can’t live our lives in fear and don’t want our son’s life to be limited because of our fear,” the mother said.
She said the family had seriously considered moving from the area.
“However, if we don’t stand up, the system continues, and we don’t want to see another 10-year-old child to be punished based on the manifestations of their disabilities. If we do nothing, another child, another family has to endure the heart break that we have endured these past years,” she said.
County solicitor Michael English said he has not reviewed the suit and could not comment.
