| Parents sue city schools for alleged assault of student |
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By: MICHELLE WILLARD, Post Staff Writer
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Posted: Monday, May 11, 2009 3:09 pm
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A local couple has filed suit against Murfreesboro City Schools for the alleged assault for their son in a Mitchell-Neilson Primary classroom, but at the time Murfreesboro Police saw no reason to file criminal charges.
Antwan and Rochelle Walton filed a lawsuit against city schools, Mitchell-Neilson Primary and art teacher Dedrick Messenger for a March 2008 alleged assault against their child, which resulted in the student needing medical and psychological treatment.
The Waltons are suing for emotional distress, personal injuries, medical expenses, and pain and suffering. They requested a jury trail and did not call for specific damages, other than punitive damages, attorney fees and court costs.
When the incident occurred, MPD Det. Wayne Lawson investigated the complaint and found the allegations to be unfounded, MPD spokesman Kyle Evans said.
“The child was being disruptive and unruly,” he said.
The incident was brought to the district attorney, who agreed with Lawson’s findings, Evans said.
At the time, the parents were informed about how to file criminal charges but declined, he added.
According to a civil complaint filed on March 31, Messenger assaulted the student when he pulled the child from underneath a desk and took him to the principal’s office.
Around March 19 of last year, Messenger was teaching an art class at the school and asked the student to remove an apple from the board. The student refused and hid under his desk.
Messenger asked the child to rise from his hiding space and the child refused.
“After refusing the request, the teacher by his own admission bent down and physically removed (the student) from under the desk,” the complaint states.
Messenger ‘pulled’ or ‘dragged’ the (student) from under the desk and threw him over his shoulder and took him to the principal’s office,” complaint continued.
Antwan Walton was then called and informed of the incident and told the student had an injury.
A police report of the incident said the child suffered a carpet burn on his back.
After the incident, the Waltons contacted MCS Director Marilyn Mathis, who apologized for the incident and agreed to withdraw the student was from art class. The child eventually transferred to another school with in the city school system.
Murfreesboro City Schools spokeswoman Cheryl Harris said she cannot comment on an on-going lawsuit. According to city school board policy, students who commit minor misbehavior, which interferes with normal classroom procedures, could receive disciplinary action including a verbal reprimand, restricting activities or privileges, detention, or in-school suspension.
Michelle Willard can be contacted at 615-869-0816 or mwillard@murfreesboropost.com. |
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Member Opinions:
By:
barrettbear on 5/11/09
Something minor and innocent to correct a child has made two sets of eyes see dollar signs. Then we wonder why children act as they do.
By:
0be1 on 5/11/09
Take god, the respect for an authoritative figures, moral values out of society and our schools, what did you expect, anything less?
I think we should just start doubling up the SRO's duties. At least that way there is a chance that a student could be arrested for a student pulling crap like this.
The Rutherford County schools and judicial systems are going in the toilet quick. Every time someone threatens a law suit someone backs down and pays. C'mon and get a pair already would ya. If we do not find a way to correct our youth today, it will be a very sad day indeed when they need to take care of us. What do you think they are going to do, straighten out on their own. And parents need to start being held more accountable as well and let the schools sue the pants off of them for sending spoiled unruly brats to our schools!!
By:
Boo on 5/11/09
Just another set of parents who want to get paid for their unruly brat's bad behavior.
By:
garyintheboro on 5/11/09
Parents like this are in need of a timeout themselves. Their behavior is the very example of everything that is wrong with this country. If children these days had more consequences for their actions then there wouldn't be a need for police officers in the schools. This is a prime example of parents teaching children to NOT respect authority. If this would have been one of my boys, getting dragged to the principles office would have been mild to the punishment they would have received at home. Children need to learn at an early age that they are not in charge and there are basic rules of respect codes of conduct in life.
By:
Macgyver on 5/11/09
"At the time, the parents were informed about how to file criminal charges but declined, he added."
That pretty much sums it up, all for the money. I hope they understand no amount of money is going to cover up the shame of greed they've bestowed upon themselves. I would've loved to have been a fly-on-the-wall as they received medical attention. "Hey doc, I'm looking to sue can I get some band-aids and my lawyer is going to need detailed documentation"
By:
momx5 on 5/11/09
something tells me this wasn't the first time this child acted out in the classroom, something also tells me this wasn't the first time the teacher has been frustrated trying to discipline this same child. I'm assuming the "apple" he needed removed from the board was one of the pupil's behavior chart apple.
By:
mm123 on 5/11/09
We see what's wrong with the child by the parents' actions. It's called responsibility - they need to learn how to take it and teach their child the same. I'm so glad my kids are grown.
By:
lightchick on 5/12/09
If my children get in trouble at school that get in trouble at home. I don't hire a lawyer.
By:
Farmall on 5/12/09
I hope the school system has the brains to fight this. Otherwise the door will be open for all to see dollar signs. And what small amount of behavior in the classroom currently remains will be gone.
By:
RonB on 5/12/09
I wonder if they paid a lawyer out of their pocket, or if they found a lawyer to handle the case for a percentage of the shakedown money. Who is the lawyer?
By:
kck615 on 5/12/09
Parents these days are teaching the kids that they can run the house. The parents need to be disciplined for the child's actions at school and then parents would try harder to teach their child to behave. This idea of putting the kids in charge of their own actions and not teaching them consequences of their actions is ridiculous. I am scared of what the next generation's citizens will be like! I too agree that the school should fight this to the end!!!
By:
tjdmm on 5/12/09
I agree with most of what you've all said other than if it had been one of my boys I'd of had a fit that he'd been physically injured. No, not a lawsuit case, but don't go so far as a rug burn on his back. I don't think he got that by the teacher just picking him up & throwing him over his shoulder. Some of your comments scare me as parents. Just let who ever do whatever to your kids. "Like back in the ole days." Or do you all even have children? Your opinions would most probably have been different if it would have been some other form of abuse. I've read them posted in here before. Don't touch our children in an "ugly" way but support corporal punishment to the fullest (why do you think that got stopped?) & lock them up. That will make them ready for society, I'm sure.
By:
yournotsaved on 5/12/09
Ugh! Are you prople that IGNORANT! I know the answer - you call your self christain yet you promote violence - offer your thought and reactions up in prayer.
By:
Farmall on 5/12/09
"onward Christian soldiers"
By:
barrettbear on 5/12/09
The child must have achieved the carpet burn while acting up underneath the chair.
By:
Boo on 5/13/09
yournotsaved- How would you have gotten the kid to move the apple from the board? How would you have gotten him from under the desk? Tell all us "ignorant" folks just how it should have been done. Do you think saying "please" would have worked? I think NOT in this case.
By:
yournotsaved on 5/14/09
Quite simply, I would not force him to get the apple and left him under the desk!
Now that was easy!
By:
barrettbear on 5/14/09
To simply be ignorant and let this type of behaviour continue in a classroom distracts the other children who are learning. The teacher loses teaching time, respect of students and peers, and control over the actions of other students. In the long run we would hear about a classroom with "Every Child Left Behind".
By:
bbb123 on 5/19/09
The child's behavoir is a self coping mechanism; the child is fearful or anxious of something thus the hiding. This is not agressive behavior. Is the child autistic? MNP is 1 of 3 of the City Schools that has full inclusion children with handicaps & disabilities. Does this art teacher know how to properly handle these children?
By:
barrettbear on 5/20/09
Then that paticular child needs to be placed in a special education classroom. The child needs a physician that deals in behavioural problems. A teacher is to teach and maintain discipline in the classroom. Distractions prohibit the other students from learning.
By:
vdanr on 5/26/09
I see nothing wrong with what the teacher did. If you have a problem with how unruly children are handled then maybe you should volunteer your time to help out in the classroom.
By:
Boo on 5/27/09
yournotsaved- Yep, that was easy. And it would get easier after all the kids were under their desk. You could sit there doing nothing, accepting no responsibility, and think what a great job you were doing. Thank God our teachers and most of our parents don't have this mentality!
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