Lawyers for Civil Rights filed a lawsuit in Suffolk Superior Court on June 12 on behalf of a 9-year-old Black METCO student against the town, Marblehead Public Schools, and several school district employees.
The student was allegedly restrained on approximately 11 occasions over the span of four months.
The mother of the child, represented by Lawyers for Civil Rights, accused school employees of unlawfully restraining him and violating the Massachusetts Civil Rights Act.
One of the incidents allegedly involved trapping the child in a gym mat and causing asthma attacks that, in one alleged instance, resulted in emergency medical treatment.
The lawsuit names 11 Glover School employees who it said unlawfully restrained the student on multiple occasions. The suit also alleges that the student was placed in a confined room and that staff denied him medication. It cited an incident when the student allegedly hit his head against a wall when he was “violently shoved” into the space.
The lawsuit accuses the employees of assault and battery, violating the Massachusetts Civil Rights Act, and loss of consortium, meaning their alleged actions have affected the mother’s relationship with her son.
An outside reviewer by Comprehensive Investigations found that staff at Glover did violate the restraint policies.
The lawsuit states that only 1.6% of students at Glover Elementary School identify as African American. The suit has since been impounded by Suffolk Superior Court.
According to a statement released by School Committee Chair Sarah Fox and interim Superintendent Theresa McGuinness, the “district will review this pending litigation with counsel and counsel will advise on the appropriate response.”