Mom Sues School Over Special-Needs Son's Death by Restraint

Corey Foster

via ABC News:

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By ANGELA M. HILL, MATTHEW MOSK (@mattmosk) , and BRIAN ROSS (@brianross)

Dec. 6, 2012

The mother of a 16-year-old boy with special needs who died after being physically restrained by school staff for allegedly refusing to leave the basketball court at his school has filed a multi-million-dollar lawsuit against the school.

"Losing Corey has been a painful and tragic occurrence," said Sheila Foster, the mother of Corey Foster. "It's emotionally stressful. I took this course of action to hold Leake & Watts school accountable and to help change laws on restraint and seclusion in schools."

"I just don't want this to happen to another child," said Foster.

The lawsuit, filed in New York City, charges that Leake & Watts School of suburban Yonkers, N.Y., and four specific staff members used "physical force" on Corey "which resulted in pain, suffering, choking, pre-death terror, and ultimately the death" of the student.

Surveillance video made public last month and aired on ABC News shows the teenager playing basketball in the school gym alongside other students and staff members on April 18, 2012. Minutes later he is surrounded by staff in a corner of the gym where it appears he is pushed against the wall and then restrained face-down by four staff members. Nearly 45 minutes later he was removed from the gym on a stretcher.

read the rest here

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via Association of University Centers on Disabilities:

Restraint and Seclusion

AUCD advocates for legislation that aims to reduce and prevent the use of restraint, seclusion and other aversive behavioral interventions for students with disabilities and increase the use of positive behavioral supports. here

Leake & Watts Staff Performing a job that is effectively, to be of direct service to Corey Foster---obviously FAILED.

via lohud.com:
Corey Foster case: Report offers new details in Leake & Watts death  
Police papers offer new details in death at Leake & Watts

11:09 PM, Sep 11, 2012 

YONKERS — A police report obtained by The Journal News offers some new details in the case of 16-year-old Corey Foster, who died in April after being restrained at Leake & Watts residential treatment center.

The report identifies three male staffers who restrained Foster as Andrew Duncan, Steve McSween and Joseph Person. It also says police have photographs of a scratch on the left side of Person’s neck, but doesn’t say how he got it. here
Leake & Watts boy's death: 'I can't breathe,' boy shouts after staffers piled onto him, witness says

 Apr. 19, 2012 

YONKERS

After Foster said he couldn’t breathe, one staffer replied, “If you can’t breathe, you wouldn’t be talking.” That same person then punched Foster in the head, Green said, adding “I saw the fist connect.” Green, as he was being forced out, said he saw foam coming out of Foster’s mouth.

The account mirrors the statements of two other witnesses, who said several boys were shooting hoops when the staff ordered them to clear the court so they could play. Staff piled onto Foster after he became angry, they said.

“When they got off of him, he was on the ground and wasn’t responsive,” said Antonio Reeder, 17, a resident.
here

This is disgusting.  How many children are we going to allow a group of adults to smother to fucking death?  Really.  There have been multiple attempts to pass Federal Legislation to stop these groups of idiots who kill kids in treatment facilities.  Using unsafe, and maniacal methods in performing a job that is effectively, to be of direct service to the kid they killed---obviously the staff at Leake and Watts FAILED.  ADULTS piled on one Man-Sized adolescent and smothered him by 'accident'?!   My aching ass!  The fucking idiots smothered a human being by piling on top of him, a gross error in 'professional' judgement; obviously!  Not a single one of them gathered their fucking senses before Corey Foster stopped breathing!?!  That is murder.   Involuntary perhaps, but murder.   How can this be considered an 'accident'? An 'accident' occurs in spite of due diligence in taking 'ordinary precautions.'  What 'ordinary precautions' allow for adults to pile on top of a kid???  Throwing ordinary precautions out the freaking window maybe---not showing any 'due diligence of duty to 'ordinary precautions' is what it takes for involuntary murder!

More on Restraint and Seclusion including how to let your Elected Reps know that you think it's a bad idea to allow kids to be restrained to death with impunity it happens WAY too often...Help to pass
Students Safe Act S(2020)  More on Seclusion and Restraint at Systems of Care Yakima here.

Update via NYTimes:

No Charges in Death at Yonkers Center for Youths here

hat tip:  opliberation.tumblr.com

on twitter

Criminal trials need not be based on the facts

A handful of Police Officers were involved in killing a mentally disabled man named Otto Zehm, in Spokane Washington in March of 2006.  Otto had committed no crime.  No effort whatsoever was made to bring his murderer to trial. Ultimately the DOJ filed charges, charging one officer (there were a total of seven involved) with lying to investigators, and for using "unreasonable force." Karl Thompson struck Otto Zehm seven times and tazered him twice within 32 seconds after rushing up to him with a raised baton... 


The Federal Judge is hinting that a plea bargain should be made for this miscreant.  The Judge ruled the Assistant Police Chief can not tell the jury that Karl F. Thompson, the Police Officer on trial, did not follow Department Procedures when he chased a frightened Otto Zehm through a mini-market; before commencing to beat him in the head with his police baton---even though these events were caught on video.  Otto Zehm was "armed" with a 2-liter bottle of soda; and had committed no crime. Ultimately, Otto Zehm was beaten, tazered and then hogtied before he stopped breathing--


Federal Judge Van Sickle issued a ruling that the jury will not be told that Karl F. Thompson's actions led to Otto Zehm's death, which was ruled a homicide; because this fact the Judge ruled is, “irrelevant and becomes confusing for the jurors.  It’s not something that needs to be addressed or should be addressed..." 

The Spokane County Medical Examiner ruled Otto Zehm died as the result of homicide in May of 2006, with lack of oxygen to the brain as the official cause.  Thompson is not charged with homicide: The fact that Thompson had a sworn duty to protect and to serve, but brutally attacked a handicapped man who died as a direct result of Thompson's beating; is "irrelevant."

The Judge's ruling in effect means:

 CRIMINAL TRIALS NEED NOT BE BASED ON THE FACTS

WHEN

The victim is "mentally handicapped" and the perpetrator is a Police Officer who ignores Police Procedure and THE LAW.

Via The Spokesman Review:October 4, 2011 in News, City

Thomas Clouse The Spokesman-Review 

Zehm trial will be moved to Yakima 

a couple of excepts:
"Thompson, responding to an erroneous report that Zehm had stolen money from an ATM, approached Zehm inside the Zip Trip at 1712 N. Division St. and began striking him with a baton. Six other officers responded, hogtied Zehm and placed a plastic oxygen mask over his face to prevent him from spitting. Zehm stopped breathing and did not regain consciousness."

"At the end of the hearing, Van Sickle asked the attorneys whether plea negotiations were under way." here

Learn More about the Otto Zehm Case:
Updates and videos from The Spokesman review
Assistant US Attorney alleges Spokane Mayor misled the press and the public