THE FIRM CURRENTLY REPRESENTS A COALITION OF FAMILIES OF DISABLED CHILDREN ABUSED IN CALIFORNIA SCHOOLS – ONE CHILD DIED
In 2019, Max Benson, an autistic child enrolled in Guiding Hands School in El Dorado Hills, California, was forced into a face-down prone restraint by his teachers when he acted out in the classroom and was rushed to the hospital when he stopped breathing. He could not be resuscitated and died. A criminal prosecution of the responsible teachers/administrators is still pending. The remaining families of disabled children who were also injured by the application of prone restraints joined with Max’s family to bring a lawsuit against the school district and the State of California Department of Education, among other responsible parties. The cases brought by Max Benson’s family and the other families are pending in Federal Court in California. The use of physical restraints to restrain or discipline disabled children has long been controversial and has resulted in injuries and deaths across the country. Merit was enlisted as co-counsel by Seth Goldstein, former criminal prosecutor and Merit’s co-counsel in the lawsuit Merit brought against the Honolulu Police Department for civil rights violations.
Plaintiffs are claiming:
1. For violations of the Americans with Disabilities Act
2. For violations of Section 504 of the Rehabilitation Act of 1973
3. For violations of Section 1983 (Violation of the Fourth Amendment)
4. For violations of Section 1983 (Due Process/Wrongful Death)
5. For violations of Cal. Education Code § 220
6. For violations of the Unruh Civil Rights Act, Cal. Civ. Code § 51
7. For violations of the Ralph Act, Cal. Civ. Code § 51.7
8. For violations of the Bane Act, Cal. Civ. Code § 52.1
9. For Battery
10. For Assault
11. For False Imprisonment
12. For Intentional Infliction of Emotional Distress
13. For Negligence
14. For Fraud
15. For Tortious Breach of the Duty of Good Faith and Fair Dealing
16. For Wrongful Death
17. For Negligence against HWC
18. For Strict Product Liability against HWC
19. For Product Liability-Negligent Design against HWC
20. Assault and Battery Pursuant to California Penal Code Section 206
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July 22, 2022 – KCRA 3 Sacramento
Case advances against El Dorado Hills school staff in death of child with autism
By Greta Serrin
July 22, 2022 – Los Angeles Times
El Dorado Hills school and staffers indicted in death of 13-year-old autistic boy
By Summer Lin
November 13, 2019
A boy with autism restrained at school died. Now, 3 school staff are charged.
U.S. News – By – Janelle Griffith
February 10, 2021
The very real, very painful reasons the autistic community demanded two restraint scenes be removed from Sia’s new film ‘Music’
The Washington Post – By – Theresa Vargas