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Kid with ADHD was hurt by Principal

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1 Kid with ADHD was hurt by Principal on Wed Dec 02, 2015 7:01 pm


Arresto Menor
Hi Atty,

I would like to seek legal advice with what happened to my nephew.
He's 7 yrs old and was diagnosed with ADHD, he does have episodes of tantrums but doesn't happen very often. My cousin enrolled him in a regular Christian school and been staying there since the start of school year. The boy does attend regular therapy session and the school knows his condition.

2 months ago, during class my nephew asked to go to the bathroom, when he got there he saw a cockroach, due to his age he got really scared and panicked (cried and shouted) a teacher went to him and tried to talk to him, as per my nephew the teacher got mad, turned off the lights and close the door while he's still inside, this caused for more tantrums, then the principal arrived a few minutes later, she demanded for the boy to come out but because the cockroach is still in front of him, he couldn't move. As per my nephew the principal grabbed his arm,slammed him to the wall and hand was placed on both cheeks while being shouted at to be quiet. This caused bruises on his arms and cheeks. After awhile, the parents got called at to pick up my nephew. The principal said the kid got bruises because he's nagwawala. My cousin asked if there's a guidance counselor who knows how to de-escalate situations such as those and was told none.
When they got home, it's when my nephew told the whole story of what happened. We took pictures of his bruises and went to a hospital for a check up.

Because of this, we want to file a case against the principal and the school, however we were secretly told by someone from the school that the school is planning to defend the case by saying that my nephew's account cannot be trusted because of his ADHD and he got his bruises because of resistance. Also, there's no witness because the teacher who was present will side with the school. With all of this, what kind of case should we file and do we have a case?
We think because of my nephews ADHD, it will be a weak case for us.

I'm sorry for the long "essay" and hope you can give assistance to our case.

Thank you!

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