C.G. is pictured with bruises that resulted from an Oct. 2014 incident where a Lansing teacher physically abused him, according to a court filing.
LANSING, MI -- A 12-year-old boy with autism was the victim of physical abuse by a teacher with a track record of losing his cool, according to a lawsuit filed against the Lansing School District and several individuals Monday.
On Oct. 7, 2014, a student identified as C.G. went to sharpen his pencil in his classroom at Gardner Leadership, Law and Government Academy, a K-8 school in the Lansing School District, according to a complaint filed Monday in the U.S. District Court Western District of Michigan. C.G. had been diagnosed with autism spectrum disorder and attention deficit disorder, and he qualified for special education services.
Teacher Lester Duvall was substituting for another teacher and told C.G. to sit down. When C.G. instead tried another pencil sharpener, Duvall "grabbed him by the arm, dragged him to the classroom door, and threw him on the floor and into a bookcase," according to the complaint. C.G. suffered a concussion and bruising.
At first, school officials did not tell C.G.'s mother, Jennifer Garza, what had happened. Garza said the district didn't even report the attack to police until a week after it took place. After the incident, C.G. had an increase in anxiety and depressive symptoms.
"My son is still suffering from this attack, which set back his educational progress and made him fear schools and teachers," she said.
Duvall was charged with misdemeanor fourth-degree child abuse, but pleaded down to one count of disorderly person and was fined $300. He no longer works for LSD but still is a credentialed teacher and is not prohibited from working in other school districts, according to a news release issued by the plaintiffs.
Garza is suing. Her attorneys have uncovered what they say is a long history of abusive behavior, through Freedom of Information Act requests.
Previous accusations against Duvall include him belting students to chairs, slamming students into tables, scratching a student's face, holding a student's head under water and touching the breasts and private areas of a female student.
"Lester Duvall's violent attack on C.G. was predictable and preventable," said attorney Peter Alfert, of California-based Hinton Alfert & Kahn, one of the law firms working on the case.
"For more than a decade, LSD's staff, parents and the local Community Mental Health Authority notified the district's administrators about this rogue educator's physical, verbal and psychological abuse of special education students. Despite voluminous documentation of Duvall's frequent maltreatment of these vulnerable youngsters, the district turned a blind eye to his illegal and abusive behaviors," Alfert added.
The filing indicates in 2012, Community Mental Health staff asked a student not be placed with Duvall and urged the district to "look closely at the appropriateness of Mr. Duvall providing care to any students."
"LSD failed to act in an effective manner to protect these vulnerable children with special needs from Duvall, even after numerous reports from school staff and others about him abusing his students," the complaint says.
LSD spokesperson Robert Kolt declined to talk specifically about the litigation.
"I am familiar with several details of the case. The former employee involving the lawsuit resigned effective April 30," Kolt said. "It would be inappropriate to make a public comment regarding pending litigation."
Garza and C.G. are seeking damages for C.G.'s injury, emotional distress and medical expenses through the lawsuit, which names the LSD, Duvall and seven other defendants connected to the district.