Disabled students’ lawsuit reinstated by appeals court

Thursday, Sept. 12, 2002 | 9:54 a.m.

CARSON CITY -- A federal appeals court Wednesday reinstated a lawsuit against the Clark County School District filed by two disabled students who allege they suffered repeated physical, psychological and verbal abuse while at the Variety School.

The 9th U.S. Circuit Court of Appeals overturned the ruling of federal District Judge Roger Hunt, who had ruled that the school district, as an arm of the state, was protected from suits by the U.S. Constitution.

The court, in a decision written by Judge Raymond C. Fisher, said an examination of the laws of Nevada shows that the school district is not an arm of the state entitled to 11th Amendment immunity.

The court said the school district is more like a local government agency than a state agency.

Barbara Buckley, chief of Clark County Legal Services, who argued the case before the court in February, said she was pleased with the decision.

A school district spokeswoman said the district is disappointed with the ruling and that it is reviewing its legal options.

The two students -- Shawn Witte, 13, and Derrick Eason, 12 -- allege they suffered severe abuse by personnel at Variety, a school for the disabled.

Witte has been diagnosed with Tourette syndrome, asthma, attention deficit disorder and emotional problems. Eason has been diagnosed with autism, cognitive impairment and attention deficit disorder.

The appeals court also overturned Hunt's ruling that Witte's family pay $6,879 and Eason's family pay $8,484 in court costs.

Buckley, who is also Assembly majority leader, said the school practiced "aversive conditioning," or extremely tough discipline. She said the proper way to help such children is through "positive behavior change."

Also sued by Witte were Robert T. Henry, director of program development in the district; Beverly Minnear, principal of Variety School; and Macke Woodard, a classroom teacher. Eason sued Henry, Minnear and teacher Mila Kitt. Mike Slater, director of the Las Vegas Interfaith Council for Worker Justice, which filed a friend of the court brief in the case, said the issue is broader than just the case of the two disabled students.

He said there are lawsuits pending in federal court by employees of the school district on civil rights and wage claims. He said the school district has been fighting the civil actions, claiming it is immune from federal suits.