Spring Mills Primary School
MARTINSBURG – A Berkeley County mother says her autistic son was physically and mentally abused and “manhandled” by a classroom aide.
Alexandra Cruz, as parent of R.F., filed her complaint February 16 in Berkeley Circuit Court against the Marshall County Board of Education and a John Doe defendant. The unnamed defendant was employed by the school board at Spring Mills Primary School this school years as a substitute aide in the special education classroom.
Cary
“Enough is enough,” attorney Michael Cary told The West Virginia Record. “There has to be a real change in how we protect our children. Child abuse cannot continue to be tolerated, ignored or hidden behind excuses.
“Right now, I am in Berkeley County standing up for children who cannot stand up for themselves, but I will go wherever the fight takes me. If that means representing abused children across West Virginia, or even across this country, then that is exactly what I will do. Every child deserves safety, dignity, and a voice. Until the abuse stops, I will keep fighting.”
Six-year-old R.F. has a significant disability, having been formally diagnosed with Autism. He is non-verbal and unable to communicate his basic needs through speech, according to the complaint. It also says he requires consistent hands-on assistance from caregivers and trained staff to perform routine daily living activities, including eating, dressing, toileting and maintaining personal safety.
“His conditions place him among the most vulnerable student populations, making him uniquely dependent on the heightened vigilance, supervision, and support of school personnel to ensure his health, well-being, and protection while in the school’s custody and care,” the complaint states.
The complaint details footage from surveillance video at the school that shows “a disturbing sequence of events involving R.F.”
The video begins with Doe grabbing R.F. during an episode and guiding him to a chair. Doe then stands of R.F. “in a physically imposing and intimidating manner, hovering above him and wagging his finger directly in R.F.’s face.”
“R.F. was playing with a toy and tossed the toy into the air, and Doe reacted by forcefully reaching down toward R.F.’s head and face area,” the complaint states. “Doe puts his hand across R.F.’s face, covering R.F.’s mouth, while R.F. remained sitting in the chair.”
While the video doesn’t have audio, the complaint says “the images speak louder than words.”
“The sheer rage in Doe’s demeanor, the aggressive physicality of his grip, and the terror in R.F.’s body language leave no doubt as to what was happening: a massive adult towering over and manhandling a defenseless nonverbal special needs child,” the complaint states. “The placement of Doe’s hand was inherently aggressive, intimidating, and wholly inappropriate, particularly given R.F.’s vulnerable status and inability to effectively communicate fear, distress or pain.”
The complaint says the abuse included wagging a finger in an intimidating manner in R.F.’ face and aggressively covering R.F.’s mouth making it hard for R.F. to breathe.
Cruz accuses the defendants of negligence and unlawful disability harassment and discrimination in violation of the West Virginia Human Rights Act, and she accuses the board of negligent hiring, supervision and retention.
She seeks general damages for permanent psychological injuries, pain and suffering, emotional and mental anguish, loss of enjoyment of life, indignity, embarrassment, humiliation, annoyance, shame and inconvenience. She also seeks punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
Crus is being represented by Cary of Cary Law Office in Charleston. The case has been assigned to Circuit Judge Catherine A. Delligatti.
Berkeley Circuit Court case number 26-C-121
