Pittsburgh Schools Class Action Lawsuit Filed Over Use of Restraints

A mother and grandfather have filed a class action lawsuit against Pittsburgh schools, a teacher, a former principal, as well as a school officer alleging students with disabilities are subject to excessive use of restraints.

Lead plaintiffs have filed the class action lawsuit against Pittsburgh schools on behalf of students with disabilities, including their son identified by the initials “D.C.”

They say that the students have been subject to the unlawful use of restraints, including handcuffs and physical restraints, in violation of the Americans with Disabilities Act and Rehabilitation Act.

According to the class action, Pittsburgh schools “rely on inappropriate disciplinary procedures and law enforcement in lieu of appropriate supports” for students with disabilities.

“As a result of being subjected to unnecessary and excessive handcuffing and unlawful physical restraints, Plaintiff D.C. and the Class experienced pain, fear, emotional trauma, and an exacerbation of their disabilities,” contends the class action lawsuit.

D.C. was enrolled in kindergarten in Pittsburgh schools in the 2015-2016 school year, according to the Pittsburgh school class action.

He has been diagnosed with Attention Deficit Hyperactive Disorder (ADHD), say D.C.’s mother and grandfather, and qualifies as “handicapped” under the Americans with Disabilities Act.

According to the class action lawsuit, D.C. began experiencing trouble in school with his behaviors escalating.

While D.C.’s mother agreed to seek outpatient treatment, she says that the school offered no other recommendations, supports, or interventions to help.

Unfortunately, the problems continued into D.C.’s next year as a first grader. D.C. was suspended after an altercation with another student, but Pittsburgh schools allegedly failed to start evaluating the child for special education supports and services.

Outside of the school, D.C. was eventually diagnosed Oppositional Defiance Disorder in addition to ADHD, alleges the class action lawsuit. However, the school failed to provide services and D.C.’s behavior continued to deteriorate.

According to the Pittsburg school class action lawsuit, in October 2016 D.C. was unlawfully restrained by a longtime substitute teacher and police officer in a number of incidents.

Once, after D.C. threw a chair and a desk, a teacher allegedly laid D.C. down and placed a knee on his back.

The Pittsburg school class action lawsuit further alleges that as D.C.’s behavior continued to deteriorate, he was subject to further unlawful restraint, including a report that a teacher choked him and later the child was placed in a physical restraint by untrained personnel.

Throughout this time, according to the class action lawsuit, Pittsburgh schools failed to initiate an evaluation that would allow D.C. and his mother to access special education services and supports.

Instead, claims his mother, the school said that she should place D.C. on medication before bringing him back.

Ultimately, alleges D.C’s mother, she had to obtain help from an outside education advocate to assist in her meetings with the school district about her son.

The Pittsburgh schools class action lawsuit seeks to represent other students like D.C. who were subject to unlawful restraints or handcuffing “from the District’s failure to provide sufficient special education services, and through the pervasive reliance on School Police Officers to discipline students with disabilities.”

The plaintiffs are seeking damages as well as a court order requiring Pittsburg schools to come into compliance with laws protecting students with disabilities.

The lead plaintiffs are represented by Jeffrey J. Ruder and Kristen C. Weidus of Ruder Law.

The Pittsburgh Schools Class Action Lawsuit is D.C., et al. v. Pittsburg Public Schools, et al., Case No. 2:19-cv-00012-MJH, in the U.S. District Court for the Western District of Pennsylvania.