Mother sues Cedar Rapids Community School District, principal for alleged assault on 12-year-old son

CEDAR RAPIDS - A lawsuit was filed last week by the mother of a 12-year-old boy diagnosed with cerebral palsy against the Cedar Rapids Community School District, Taft Middle School principal and a bus driver, claiming her son was assaulted by the bus driver in March.

Megan Barry, in the civil suit filed Oct. 27 in Linn County District Court, said she and her son, identified as 'A.P.” who is in special education classes at Taft, were riding the bus home from school March 21, and as the bus driver, Cecelia Lane, was lowering the boy's wheelchair for him to exit the bus, he started 'acting out” and spit on his mother. Then, the boy turned his head toward Lane in 'what may or may not have been an attempt to spit at her,” and Lane slapped the boy's face, according to the suit.

The suit alleges Taft Middle School Principal Gary Hatfield, who also was on the bus, along with Lane, later falsely said the slap was accidental and said it happened when Lane was attempting to block herself from being spat upon.

A.P. had surgery in December 2016, stemming from his cerebral palsy, and school officials and employees were aware of his condition and that while recovering from the surgery he was at 'great risk” for head trauma, the lawsuit states. The officials were provided with instructions that A.P. was to avoid any activity that could result in him hitting his head.

The slap on the boy's head caused or aggravated his hydrocephalus or 'water on the brain,” causing the need for a second surgery to relieve pressure from the fluid build up on his brain, the lawsuit states. A.P. has continued to need medical treatment, including surgeries and follow up care, and will need additional care in the future because of this assault, the lawsuit states.

The boy now has a fear of riding on buses and bus drivers, the suit states. Barry now contracts a van service to take her son to and from school because of this fear. This incident also has affected the boy's behavior and motivation, according to the lawsuit.

The lawsuit also alleges Hatfield or another school district supervisor told another district employee, who also was on the bus, not to talk to Barry's lawyer about the incident and that Hatfield also retaliated against A.P. after the incident. He isolated the boy in the principal's office, as a disciplinary action, without his dedicated paraprofessional in the room, which is a violation of his individualized education program, the lawsuit states.

Akwi Nji, the school district spokeswoman, declined to comment Wednesday, saying the district doesn't comment on pending litigation.

The suit is asking for judgment against defendants, jointly or severally, for an amount that will 'fully and fairly compensate” the child for his injuries and damages, attorney fees, and punitive damages against Lane and Hatfield.

l Comments: (319) 398-8318; trish.mehaffey@thegazette.com