U.S. judge dismisses lawsuit
PITTSBURGH — A federal lawsuit alleging a special needs student’s constitutional rights were violated by Butler County juvenile court officials has been dismissed.
U.S. District Judge Cathy Bissom ruled Tuesday county officials did not violate a 10-year-old’s rights when he was detained for several days in 2013.
According to the judge’s order, “Although the court is not without sympathy regarding the child’s temporary detention in March 2013, and does not mean to question or invalidate the psychic trauma he experienced, there is only so much redress available under the law.”
The lawsuit, which was filed in March 2015, named 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 lawsuit, which referred to the boy as R.S., alleged the detention violated his 14th Amendment rights and the American Disabilities Act.
“The matter proceeded through the federal court system as it was supposed to,” said Tom Holman, deputy court administrator, Wednesday. “The court order speaks for itself.”
The boy’s parents have the right to appeal the decision.
Attorney Michelle Kline of the Pittsburgh firm Ruder Law, which is representing the family, said nothing has been ruled out.
“We are in the process of considering options with the clients,” Kline said.
According to the lawsuit, R.S. has a mood disorder, anxiety disorder and attention deficit disorder.
R.S. was charged in December 2012 with two incidents in the Karns City School District, which resulted in six months of juvenile probation.
He was placed in an emotional support classroom in the Allegheny-Clarion Valley School District, where other issues arose.
After three disability-related behavioral incidents were reported on March 12, 2013, Swigart visited the boy at school the next day.
She was hit in the thigh by the boy’s leg while he was yelling and flailing his limbs.
During a March 14 hearing before Levin, Swigart testified R.S. injured a teacher and was not stable at home.
Levin ruled the boy would stay at the Keystone Education and Detention Center for at least five days.
R.S. was released following a March 18 hearing.
According to the lawsuit, the boy continued to suffer from the detention, experiencing further meltdowns at school due to fear of being detained again.
Bissom’s order states there was no violation of the ADA or constitutional rights.
According to the order, “The court has failed to uncover any precedent supporting the theory that the disability-discrimination laws protect an individual, child or adult, from having to defend criminal/delinquency charges and/or proceedings.”
Bissom asked the plaintiffs to understand how the boy’s discipline was handled.
According to the order, “The court would urge the plaintiffs, with the benefit of some objectivity and distance, to consider the possibility that defendants acted not with malevolence or indifference, but, rather, did the best they could under difficult circumstances.”
