Federal Court Approves Largest Settlement Against Clark County School District in History
In a landmark decision, the United States District Court for Nevada has approved a historic $9.95 million settlement against the Clark County School District (CCSD). This settlement, the largest ever against the school district, stems from a case involving severe physical and emotional abuse of a student with autism.
Details of the Case
The case, originally filed in 2019, was brought forward by the parents of J.W., a non-verbal, autistic child who attended Harley Harmon Elementary School between 2016 and 2018. The lawsuit alleged numerous claims, including assault, battery, negligence, intentional infliction of emotional distress, and violations of the Americans with Disabilities Act (ADA).
“After years of litigation, the family is grateful that the legal aspect of this matter is now at an end,” said Gregg Hubley of Arias Sanguinetti, the law firm representing J.W.’s family. “The trauma and pain that J.W. and his parents had to endure, not just from the abuse but from the foot dragging by the school district will last for years to come, however. We hope the district will put a plan in place so that this harm never comes to another family ever again.”
The Allegations
According to the lawsuit, J.W.’s parents initially raised concerns in 2017 about their son not receiving food and water sent from home and being returned with a full diaper. These concerns were ignored, and J.W.’s parents were insulted and castigated by school officials. They removed him from school temporarily but re-enrolled him for the 2017/18 school year.
During that school year, J.W.’s parents noticed bruises on his body. When questioned, the teacher and aides attributed the bruises to playground falls. In May 2018, a substitute aide reported witnessing severe physical and verbal abuse by J.W.’s regular teacher, including hitting J.W. with a pointer stick, wedging him into tight spaces, and forcing him to lie under the teacher’s desk.
The report was handed to the principal, who notified the CCSD Police and Child Protective Services (CPS). An investigation revealed that the teacher admitted to much of the alleged abuse. However, the school district concealed the substitute aide’s full report from J.W.’s parents for years, only disclosing the extent of the abuse after a federal court order.
Legal and Emotional Impact
“I’m proud our firm once again stood for justice on behalf of a family that had no place else to turn,” said Mike Arias, managing partner at Arias Sanguinetti. “This child never should have been subjected to any form of abuse, and this family should not have had to jump through so many hoops to get the answers they deserved.”
The case, J.W. v. Clark County School District, underscores the need for stringent measures to protect vulnerable students and ensure accountability in educational institutions.
Arias Sanguinetti, with offices in Las Vegas, Los Angeles, and the Bay Area, has a strong track record of representing individuals who have suffered due to negligence and abuse. The firm has secured over $1 billion for clients and is recognized for its commitment to justice in Nevada, California, and across the nation. Their Las Vegas office specializes in personal injury, medical malpractice, and elder abuse cases.
This settlement represents a significant step towards justice for J.W. and his family. It serves as a crucial reminder of the importance of safeguarding the rights and well-being of students, particularly those with disabilities. As the largest settlement in CCSD’s history, it highlights the need for systemic changes to prevent such incidents from occurring in the future.
For more information on this case and Arias Sanguinetti’s work, visit Arias Sanguinetti.