Mother sues NYC schools over alleged unlawful restraint of autistic student


Judge Diane Gujarati of the U.S. District Court for the Eastern District of New York | U.S. Senate Judiciary Committee (Wikipedia Commons)

A mother has filed a lawsuit against the New York City Department of Education and other officials, alleging the unlawful restraint of her child with disabilities. L.A., on behalf of her minor son A.A., filed a complaint against the Department, its Chancellor Melissa Aviles-Ramos, Superintendent Roderick Palton, Commissioner Jessica S. Tisch, and the New York City Police Department.

The case centers on an incident on December 9, 2024, at Tottenville High School in Staten Island. A.A., a sixteen-year-old student diagnosed with Level 3 autism spectrum disorder, was allegedly subjected to violent restraint by school staff and a School Safety Agent. According to the complaint, A.A.'s assigned paraprofessional, Angelo Novello, slapped his hand and restrained him against a wall without provocation. Dean Matthew Galati reportedly placed A.A. in a chokehold before School Safety Agent L. Rivera handcuffed him, resulting in physical injuries and emotional trauma.

L.A. claims she learned of the incident through a misleading account from Angelo and found her son visibly distressed with wrist marks from handcuffs. Surveillance footage later contradicted claims that A.A. had been aggressive. Despite this, school authorities initially suggested disciplinary action against him.

The plaintiff alleges violations of Section 504 of the Rehabilitation Act, Title II of the Americans with Disabilities Act, and constitutional rights under federal and state law. The complaint argues these actions constituted disability-based discrimination and excessive force.

The lawsuit seeks compensatory damages for A.A.'s physical and emotional injuries, declaratory relief acknowledging legal violations, and systemic changes to prevent future unlawful restraints on students with disabilities.

The plaintiff is represented by attorneys from Legal Services NYC and Christopher A. Suarez and Elinoam Abramov from Steptoe LLP. The case was filed in the United States District Court for the Eastern District of New York.

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