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Student in Fall Highlands Incident family files claim against School District and the City.

Johnnie L. Cochran, Jr. retained as attorney.

To ask for "a significant amount," in damages, safety procedure adjustments, and an apology from District.

Alleged assaulters' families to be sued in separate civil action.

Interview with Leroy Wilson, Jr.

By John F. Bailey

CityLine: February 2, 2000: WPCNR Newsdesk

The mother and family of the teenage boy who was allegedly assaulted by two other boys November 6, 2000 at recess at the Highlands Middle School, has filed a Notice of Claim against the White Plains City School District and the City of White Plains as a result of the incident, seeking "substantial" monetary damages for the pain and suffering the boy suffered in the incident.

To date, according to WPCNR information, criminal proceedings against the victim's two alleged assailants have not been filed in Family Court by the County Attorney. The victim's attorney speculates this is because of the transition to a new family court administration.

According to Leroy Wilson, Jr., the attorney representing the boy and his family, they will also be suing the families of the two boys accused of assaulting his client in a separate civil court action.

50H Hearing is next step.

Mr. Wilson said that the next step is a 50H hearing with the School District and the City, and after that is held, the school and the city has up to 30 days to adjust the claim or settle it.

Wilson declined to say how much of a monetary claim the family was seeking, but he did say it would be "a significant amount."

Asked why the city was being sued, Wilson said the city and the school district have various "collaborative agreements" that involve the city in the operation and sharing of the school facilities in question.

Victim is "out of Highlands"

Wilson said the victim is no longer attending Highlands Middle School because "the atmosphere was not safe for him and not healthy for him." The boy is now attending another facility that was not disclosed in order to protect the boy's privacy. WPCNR has learned that the White Plains School District is paying to send the student to this out-of-district educational facility.

In addition to monetary damages sought from the school district, Wilson told WPCNR that the suit seeks other forms of "relief," which he said might include a satisfactory revision of the school safety plan, and an apology from the School District for the handling of the incident.

Most significantly, Wilson said, he found it dissappointing that the district sent a letter to parents schoolwide discussing the incident, but had not sent any letter of apology and concern to the family of the victim.

Johnnie L. Cochran, Jr. retained.

Mr. Wilson disclosed that he would be working on the suit with the noted attorney, Johnnie L. Cochran, Jr., who has a record of winning substantial monetary judgements in negligence and breach of trust suits.

Cochran was the lattorney who won the $12 million award against the New Jersey State Troopers this week for their actions in opening fire on the four men detained on the New Jersey Turnpike. Cochran, working with the lawyer, Willie E. Gary, has also won a $246 million judgement against the Disney Company for theft of an idea for a sports park last August.

Suit details logistics of the incident and basis of the charges: 5 students attacked.

The suit claims that "during the lunch period, the infant claimant was allowed and permitted on the soccer field playground of the Middle School, along with his schoolmates, unescorted, unattended, unaccompanied and unsupervised, contrary to good and reasonable school practice. The infant claimant was thereafter attacked and physically and psychologically injured by five of his school mates. These attacks took place at the entranceway and about twenty-four feet into the interior of the soccer field.."

The Notice of Claim further charges "This incident occurred because the City of White Plains and/or the White Plains School District and/or the White Plains Board of Education, by their agents, servants and emplopyees were careless and negligent in their supervision, management, operation and control of the mIddle School, in failing to promulgate a reasonable and proper School Safety Plan, in failing to adhere to a School Safety Plan, and in failing to enforce the School Safety Plan."

The suit continues alleging that the parties "failed to provide adequate and necessary staffing at the Middle School during school hours, including the lunch period, failed to assign the appropriate and necessary supervisory and safety staff to the Middle School."

The brief charges that the parties "agents, servants and employees were careless and negligent in causing, permitting and allowing unsupervised or inadequately supervised pupils to be and to remain in the Middle School's soccer field while unsupervised or inadequately supervised, contrary to good and acceptable school safety policy and a reasonable School Safety Plan," and that the parties were "negligent in hiring, training, promoting and retaining their agents, servants and employees, in failing to prevent the aforementioned occurrences, and in the failure of these agents, servants and employees to properly suprvise the aforesaid Middle School in general and the pupils on the soccer field in particular."

The claim charges that the victim "was caused to sustain serious and permanent personal and psychological injuries, the full extent of which is as yet unknown," and that the mother and Natural Guardian, "sustained loss of services and has incurred expenses, which continue."

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