Damages case for wrongful use of timeout room lives on

Schafer v. HICKSVILLE UNION FREE SCHOOL DISTRICT, Dist. Court, ED New York 2011: Parents alleged that their 14 year old son had been wrongfully confined numerous times and without good cause in a 4 x 5 foot, dark, possibly windowless, locked timeout room. Upon discovery that this was occurring, they pulled their son from the Nassau BOCES program and refused to send him back to the school. The child was placed on home instruction. Parents brought legal claims arising out of their son’s confinement as well as FAPE claims against numerous defendants and based upon a garden variety of theories. The Court granted summary judgement in favor of all defendants except for BOCES. With respect to BOCES, the Court allowed the following claims to go forward:

1. §1983 claim based upon a 4th Amendment unreasonable seizure theory
2. false imprisonment
3. negligence
4. intentional infliction of emotional distress
5. negligent infliction of emotional distress

No claim for damages from State for placement at Judge Rotenberg Center

Nicholson v. State:(2008 WL 5568155, 2008 N.Y. Slip Op. 28540(N.Y.Ct.Cl. Dec 15, 2008))
Plaintiff sued New York State alleging that their son was subjected to electric shock punishment while a student at the Judge Rotenberg Center, a Massachusetts private residential school for children with mental or emotional disabilities, due to defendant's negligence in failing to properly investigate and/or regulate the school while keeping the school on a list of approved out-of-state residential educational facilities. The State’s motion for summary judgment was granted.