Suit against school district reinstated

Kim Smith

Monday, Dec. 6, 1999 | 10:53 a.m.

An 11-year-old Las Vegas boy who filed a lawsuit against the Clark County School District claiming a teacher forced him to eat his own vomit will get his day in court.

The 9th U.S. Circuit Court of Appeals decided last week to reinstate the lawsuit that U.S. District Judge David Hagen had dismissed in July 1998.

Shawn Witte and his mother, Teresa, sued the school district in May 1998 claiming that the boy suffered two years of physical, psychological and emotional abuse at the hands of his teachers at Variety School.

Witte attended the special education school because he has Tourette's syndrome, asthma, attention deficit hyperactivity disorder and emotional problems.

The lawsuit claims that anytime Witte made noise in class, failed to run fast enough, became distracted or made involuntary body movements, he was emotionally or physically abused.

According to the lawsuit, Witte's teachers force-fed him oatmeal despite the fact they knew he was allergic to it. They continued to do so even after he vomited in it, the lawsuit contends.

In addition, the lawsuit claims Witte and his mother were told that if they reported the abuse they would be separated.

The boy was transferred to a new school in January 1998 and the lawsuit was filed two months later.

Hagen dismissed the lawsuit seven months later after deciding Witte and his mother, Teresa, had not exhausted all of the remedies available to them through the school district.

School district officials have declined to comment on the specifics of the case.

The Wittes' attorney, Sara V. Winter of the Clark County Legal Services Program, appealed Hagen's decision. She said Friday that she was thrilled with the appeals court decision to reinstate the suit.

"It was a huge victory," Winter said. "Unfortunately, a lot of students have to go through the entire administrative process before they get their day in court, but in this case the court decided the allegations are so egregious they don't have to."

School district spokeswoman Mary Stanley-Larsen said the school district's attorneys have not yet seen the decision. She declined to comment further other than to say, "We are committed as a district to meeting the needs of all of our students."

Winter said she presented the Witte case and another similar case to the 9th Circuit in October. She hopes the court will also reinstate the 1997 lawsuit filed by Derek Eason and his mother, Serena.

The Easons claim that a Variety School teacher other than the one in the Witte case forced Derek Eason, who has autism, into restrictive holds, sprayed water in his face as punishment and made him run on a treadmill to curb his tendency to walk away. He was 8 when the lawsuit was filed.

Winter said it is unclear when the Witte case will be scheduled for trial. Hagen will preside.