A lawsuit alleging abuse of a disabled student by a special education teacher within the Scranton School District is moving forward on several counts, as determined by a federal judge. While some allegations were dismissed, others remain under consideration. The civil complaint, filed on behalf of the student and his parents, involves teacher Erica Stolan along with the school district, the principal of South Scranton Intermediate School, a former principal, and the district’s director of special education.
The lawsuit claims the student, who has multiple disabilities including autism and ADHD, was mistreated by Stolan in her classroom. Specific incidents cited include an alleged assault involving liquid sprayed in the child’s face and an episode where the student was reportedly pushed from a chair and forcibly removed from the classroom with the encouragement of Stolan. These actions were allegedly witnessed and reported by a behavior support professional.
Following these reports, Stolan was initially removed from the school but later reinstated. The plaintiffs accuse the district of allowing this behavior to continue unchecked, claiming the conduct was widely recognized among staff and administrators.
Defending the lawsuit, attorneys for the district and other named parties sought to dismiss the case on several grounds, including claims of immunity and jurisdictional issues. They argued the plaintiffs hadn’t exhausted necessary administrative remedies and failed to demonstrate that the actions violated the student’s rights due to his disability.
In a recent decision, U.S. District Judge Karoline Mehalchick dismissed some parts of the complaint, while allowing others to proceed, including claims under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. Allegations of 14th Amendment rights violations were also permitted to continue. The judge refrained from ruling on the defendants’ claims of qualified immunity, considering it premature at this stage.
Some counts against Stolan and the district were dismissed. However, allegations of assault, battery, and emotional distress against Stolan remain. The judge also did not dismiss the claim for punitive damages, as it was deemed inappropriate to do so early in the litigation process.
The plaintiffs have been granted the opportunity to amend their complaint to address deficiencies in certain dismissed claims. The decision reflects an ongoing legal process where the allegations will be further examined as the case progresses.
