Greene Valley poised to pay $350,000 to settle suit in alleged battery of autistic boy
A settlement of $350,000 has been proposed in a federal lawsuit alleging that an autistic boy who cannot speak was repeatedly assaulted by a teacher at the Greene Valley State School for the Severely Disabled.
The lawsuit, filed by the boy's father, alleges teacher Janet Carrie Williams hit and slapped the boy and called him names. It alleges the boy's rights were repeatedly violated and he suffered "bodily harm and emotional distress." The defendants stated, in the settlement agreement, that they deny those allegations.
The four-page tentative agreement was filed this week but must still be signed and accepted by a judge. If approved, it would resolve the civil lawsuit against the school, the teacher, Greene Valley director Peggy Robinson, the Missouri Department of Elementary and Secondary Education and the Missouri Board of Education. Criminal charges are still pending against the teacher, who no longer works for the school, located in Springfield.
Under the proposed agreement filed with the U.S. District Court, the boy's family would receive a settlement of $232,177 and the attorneys representing the boy — Kuhlmann LLC and the Klein Law Firm — would each receive $58,911. There was at least one attorney from each of the two firms involved in the case.
The boy's family stated the settlement would be used to compensate the boy for his "alleged physical personal injuries and attorney fees." However, court records show that even with the settlement "there was a dispute between the parties, both as to the facts and the nature and extent of any injuries sustained."
A state official said once the agreement has been signed, the settlement will be paid out of the state's legal expense fund.
The proposed settlement notes the boy's family has separately filed a complaint with the Missouri Commission on Human Rights, which is not part of this lawsuit.
Late last year, the boy's father received an anonymous letter alleging Williams slapped the boy "with an open hand" and is "demeaning and hostile toward her students" at the Greene Valley State School in Springfield, court records show. He took the letter to the Springfield Police Department, which launched an investigation.
The police interviewed Williams and her co-workers at Greene Valley, one of the designated Missouri Schools for the Severely Disabled that is operated by the state Department of Elementary and Secondary Education.
According to court documents, a teacher's aide and an occupational therapist told police, in separate interviews, that they witnessed Williams slapping the boy against the head. Police say the therapist said Williams called the boy a "son of a b----" and then stated "You didn't see me hit him."
The boy, now 8, cannot speak and weighs 95 pounds. The father stated, in the document, the boy was diagnosed with autism, epilepsy and attention deficit hyperactivity disorder.
Williams, who lives in Lebanon, later allegedly described the incident to police as "a glancing, open-handed gesture." She allegedly admitted to a Springfield police officer that she "accidentally hit a child in the head five times."
On another occasion, Williams was seen trying to kick the boy while he was under a changing table and calling him an "idiot," according to court documents.
No one interviewed by police reported "suspicious injuries" on the boy. Williams told police that she did not think she hurt the boy but, after one of the incidents, Williams allegedly stated he cried "empty tears."
In May, Williams was charged with third-degree assault and endangering the welfare of a child, both misdemeanors. She pleaded not guilty and was instructed not contact the boy or his family or have any contact with other children under age 17.
Williams has a hearing Aug. 3 in front of Judge Mark Powell. If convicted, she faces fines and jail time — up to 15 days on one count and one year on another.