The parents of a former student from an Idaho middle school filed a lawsuit against the school district—alleging a teacher instructed other students to wrap their child in a sheet and push her down a set of concrete stairs, the Associated Press reported.
Shane and Barbara Schaeffer filed the complaint earlier in August against the Twin Falls School District, located in south-central Idaho, and teacher Froylan Vargas. The suit alleges one count of negligence and recklessness against Vargas—as well as one count against the district, holding it accountable for the instructor's actions in November 2020. The parents say in the suit that Vargas recorded a video of the incident on his phone.
The lawsuit also claims that the parents' child was wrapped so tightly in the sheet that she could not "arrest her descent down the concrete stairs." The injuries sustained by the child during the incident, according to the complaint, include a traumatic brain injury, a scalp laceration that required four staples, concussion, whiplash, and right knee injury.
"The above-described incident and resulting injuries sustained by Plaintiffs were directly and proximately caused by the negligent/reckless conduct of Defendants," the lawsuit says.
The suit requests a trial with no fewer than 12 jury members so the parents can reclaim money from the defendants to cover medical expenses and damages for the pain and suffering their child experienced.
For more reporting from the Associated Press, see below.
The school district denies any wrongdoing, and has asked that the lawsuit be dismissed. It says others not under its control, including the student, may have been guilty of careless misconduct at South Hills Middle School.
Brian Hilverda, a Twin Falls-based attorney representing the parents, told the Times-News that the students were participating in a class assignment in November when they reenacted events from literature or history. He said he's not sure what event was being reenacted.
Hilverda said the students were reluctant to do the assignment, but did so at Vargas' urging.
Hilverda said that afterward, the student's mother picked her up from school and took her to receive medical attention. He said the child continues to receive medical treatment for the head injury.
Hilverda said the student returned to the school, but left and finished the school year elsewhere.
"She didn't receive the support that was probably necessary to make her successful at the school again," he said.
The school district in its response to the lawsuit acknowledged that the student attended a social studies class taught by Vargas at South Hills Middle School.
But the district denied any responsibility.
If the student suffered any damages, the district said in court documents, they "were caused by the negligence, fault, or comparative responsibility of others, including Plaintiff."
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