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Thomsen Reaches $2.35M Settlement in Federal Lawsuit Filed Against Wood County Deputy Sheriff Nathan Dean and His Insurer

Gingras, Thomsen & Wachs partner Mark Thomsen recently reached a $2.35 million settlement with Wood County Sheriff Deputy Nathan Dean and the county’s insurer on behalf of Logan Johnsrud and his family. Johnsrud, a 32-year-old father of one, was fatally shot by Deputy Dean during a welfare check in 2019.

One of Johnsrud’s family members had called for help when they believed him to be suicidal. That call ended with Deputy Dean firing three shots, one which killed Johnsrud, one that hit the family member and one that hit his partner Deputy Cory Leigh.

“We have to do better in Wisconsin in terms of how we handle individuals in mental distress,” Thomsen said.

As a result of the incident, Thomsen filed a civil lawsuit against both Deputy Dean and Wood County claiming that Dean used excessive force and deprived Johnsrud’s family of his company.

According to court records, after the deputies arrived at the home to check on Johnsrud, Dean contacted a crisis worker to discuss how to help Johnsrud with his mental health issues. The worker asked to speak to Johnsrud, who had told the deputies he was not suicidal.

But Dean approached Johnsrud so Johnsrud ran into the home and locked the door with his family member already in the house. Dean ran around the front of the home while Leigh broke down the back door, according to court documents.

Johnsrud had grabbed a large knife from the kitchen, so the family member jumped in to restrain him and keep him from hurting himself. The complaint filed by Thomsen in federal court stated that Johnsrud’s family member had Johnsrud in his grasp so that he could not hurt himself or anyone else in the home.

After Leigh kicked in the door, he was in the kitchen with Johnsrud and was going for his taser to help save Johnsrud.

However, when Dean came back to enter the home, he fired three shots killing Johnsrud.

According to a report completed in 2019 by the Wisconsin Department of Justice Division of Criminal Investigation, Johnsrud began approaching Dean while raising the knife. The Wood County District Attorney’s Office went through the Division of Criminal Investigation report and determined there was no basis to file criminal charges in the shooting.

As part of the settlement, neither the county nor Deputy Dean admitted liability in the incident.

“Logan Johnsrud didn’t threaten anybody but himself,” Thomsen said. “His family member and Deputy Leigh were desperate to help him.”

Mark Thomsen and the rest of our Gingras, Thomsen & Wachs team are grateful to honor the life of Logan Johnsrud and hope people continue talking about how to better help individuals with mental illness. The Wood County Sheriff’s Office has made significant steps to improve their handling of people with mental illness in the community.

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Judges: Public has right to know former deputy’s discipline records

The Wisconsin Court of Appeals recently made a key ruling on police transparency and clarified that law enforcement discipline records are in fact public records.

The ruling stems from a WISN 12 investigation into former Milwaukee County Sheriff’s deputy Joel Streicher, who ran a red light while looking at his squad computer in January of 2020. Streicher hit another vehicle and killed 47-year-old Ceasar Stinson, who was a dedicated community activist and loving husband/father.

After the crash, Streicher tried to stop WISN 12 from getting his disciplinary records. Initially, a judge agreed. But the state Court of Appeals ruled that the public’s right to know about police misconduct supersedes Streicher’s right to keep his service record a secret.

As the Stinson family attorney, GTW partner Mark Thomsen joined WISN 12 to discuss the new ruling and the precedent it will set for similar cases in the future.

“It sends a very clear message to the public and to law enforcement that you can’t hide police misconduct. We’re done with that.” – Mark Thomsen

Read More: https://www.wisn.com/article/wisconsin-judges-public-has-right-to-know-former-deputys-discipline-records/37953225

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Paul Kinne Files Class Action Lawsuit Against Group Health Cooperative After Their Refusal to Cover Applied Behavior Analysis Treatment for Autism Spectrum Disorder

Gingras, Thomsen & Wachs partner Paul Kinne has filed a class action lawsuit in the Western District of Wisconsin on behalf of Angela Midthun-Hensen and Tony Hensen, as the representatives of their minor daughter, K.H., and on behalf of all others similarly situated.

The complaint states that Group Health Cooperative of South Central Wisconsin, Inc. (GHC) violated the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act when they denied coverage for Applied Behavioral Analysis (ABA) as a treatment to improve K.H.’s Autism Spectrum Disorder (ASD).

“The days of disregarding the needs of disabled children should be in the distant past,” said Paul Kinne. “These families face extra challenges in their day-to-day lives. Expecting them to pay for care that was covered under their health insurance policies is inexcusable.”

ASD impacts the lives of one in 40 children between the ages of three and 17 in the United States. There is no cure for ASD, but the condition can be treated so that autistic individuals can better manage their symptoms.

Health care providers frequently recommend Applied Behavior Analysis for autistic children because it has been proven effective. Speech therapy and occupational therapy are key components of ABA.

Under the recommendation of her healthcare providers, K.H. received ABA and made great progress. However, K.H.’s health insurance company, Group Health Cooperative, denied coverage for ABA treatment, including speech and occupational therapy.

GHC stated its reason for denial was that speech therapy is not an evidence-based treatment for the core deficits of ASD for children ages 10 and above. It also issued a decision denying coverage of occupational therapy, stating that it was considered experimental and investigational because it is not an evidence-based treatment for autism.

This denial of coverage forced K.H.’s parents to pay out of pocket for the therapy, despite the fact that they had been paying insurance premiums to GHC to cover K.H.’s care.

K.H.’s family is not alone. That is why Gingras, Thomsen & Wachs is standing up for K.H. and all children like her in Wisconsin by filing a class action lawsuit.

The lawsuit asks GHC to put people before profits and live up to its promise to pay for proven, effective therapy that makes K.H.’s life better — as well as the lives of so many other children. K.H.’s family is seeking reimbursement for out-of-pocket expenses they incurred that GHC should have ultimately paid.

Our Gingras, Thomsen & Wachs team hopes that GHC will do the right thing and compensate the Hensen family along with the other families who were unfairly compelled to pay for therapy in spite of GHC’s promise to cover the care.

Read the full complaint here.

Current News Coverage:

https://www.wpr.org/dane-county-family-sues-health-insurer-not-covering-daughters-treatment-autism

https://madison.com/wsj/news/local/health-med-fit/dane-county-family-sues-ghc-over-denial-of-services-for-autism/article_44619040-6b67-554b-9e30-a5c88c6e3c49.html

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Thomsen, Kinne and Sweatt Reach $862,500 Settlement in Civil Rights Lawsuit Filed Against Baraboo School District

Gingras, Thomsen & Wachs partners Mark Thomsen and Paul Kinne, along with GTW attorney Kimberly Sweatt and referring attorney Amy Bogost, have reached an $862,500 settlement with the Baraboo School District (BSD) on behalf of client Dasia Banks. The civil rights lawsuit, filed in January 2020, arose from the school district’s deliberate indifference and failure to respond to multiple instances of racial harassment and discrimination aimed at Banks, as well as reported student-on-student sexual assaults on school premises.

The GTW team, on behalf of Banks, argued that BSD’s actions violated Title IX of the Education Amendments of 1972 and Title VI of the Civil Rights Act of 1964.

The original complaint stated that a pattern of racial harassment aimed at Banks began as early as first grade and continued into her freshman year of high school. The Banks family moved away twice because of the harassment, but family circumstances brought them back to the Baraboo School District both times.

When confronted with evidence of harassment and discrimination, the school district repeatedly denied any systemic issues and instead insinuated that Banks was the problem.

Specific evidence of the harassment and discrimination included use of racially insensitive language, threatening letters, lack of punishment for wearing clothing featuring the Confederate flag and even physical assault.

In addition, several instances of groping and sexual assault were reported to various staff members, with no actions taken to stop them. BSD did nothing to warn students or parents regarding predatory patterns, therefore making Banks more vulnerable to ongoing attacks.

The Baraboo School District hired an equity expert, Dr. Gorski, to examine BSD’s conduct after Banks was forced to leave the district in May 2018 to escape the recurring harassment and discrimination. Dr. John B. Diamond, Kellner Distinguished Chair in Urban Education in the Department of Educational Leadership and Policy Analysis at the University of Wisconsin-Madison, elaborated on Gorski’s findings in his report and deposition testimony.

Both reports corroborated the experiences that Dasia Banks was having. In particular, focus group students talked about an environment where students are not held to account. A majority of participants felt that diversity efforts in the district were primarily cosmetic. The general sense was a lack of accountability for student-on-student bullying and discrimination, as well as a lack of accountability for adults who contribute to students’ feeling of alienation.

Focus group students also discussed a pervasive rape culture and felt that reporting sexual assault was not going to help them. Gorski’s report explicitly stated, “Due to a combination of many of the previously mentioned concerns, most students of color with whom we talked do not feel comfortable asking most white staff or in some cases any white staff in their school for help when they need help, which threatens their academic progress.”

This historic $862,500 settlement is one of the largest in Wisconsin for a K-12 lawsuit involving Title VI and Title IX, the two federal laws protecting students from racial and sexual harassment and discrimination.

“What is very clear is that these issues are arising across our state, and school districts are going to have to teach true history and enforce Title VI, which requires that every child be afforded a safe and enjoyable education,” said Mark Thomsen.

The entire Gingras, Thomsen & Wachs team is proud to be part of such an important case and help Dasia Banks use her voice to prompt a much-needed change in the Baraboo School District and wider Wisconsin education system.

Read the original complaint here.

Current News Coverage:

https://madison.com/wsj/news/local/education/local_schools/baraboo-school-district-settles-for-862-500-with-former-student-alleging-racism-sexual-assaults/article_c1342795-7df3-5806-a8d2-70e97eff9f08.html

Baraboo School District settles for $862,500 with former student alleging racism, sexual assaults

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Paul Kinne Files Federal Class Action Lawsuit With Heath Straka and Victor Forberger To Overturn Wisconsin’s Ban on People With Disabilities Receiving Unemployment Benefits

Together with Heath Straka of Axley Brynelson, LLP, and Victor Forberger, Esq., partner Paul Kinne of Gingras, Thomsen & Wachs has filed a federal class action lawsuit in the Western District of Wisconsin on behalf of multiple Wisconsin workers with disabilities. The complaint aims to undo the discriminatory eligibility ban that prevents Wisconsin workers with disabilities who receive Social Security Disability Insurance (SSDI) benefits from collecting unemployment benefits when they lose work through no fault of their own.

Approximately 157,000 SSDI recipients work in Wisconsin, meaning that one out of every 17 workers in this state is disabled. Starting in 2013 and then revised in 2015, the eligibility ban prevents these workers from collecting unemployment benefits when laid off from their jobs, in contrast to their nondisabled co-workers.

According to the attorneys on this case, the blanket eligibility ban is one of just two in the country. North Carolina is the only other state with a similar law, and most other states take a case-by-case approach.

Kinne and his partners on the case argue that the different treatment because of their disability status qualifies as discrimination, in violation of the Americans with Disabilities Act, Rehabilitation Act and Due Process Clause of the Fourteenth Amendment.

Specifically, the class action and motion for a preliminary injunction asks the court to stop the current enforcement of the law and instead permit otherwise eligible workers with disabilities to receive benefits. The lawsuit also asks the court to provide plaintiffs with the opportunity to apply for benefits at any point over the past six years during which they would have been eligible but for their receipt of SSDI benefits.

Finally, some class members received benefits but were compelled by the state to repay those benefits, usually with a penalty, because they were receiving SSDI benefits. The lawsuit seeks reimbursement for the benefits and penalties.

SSDI recipients who may have questions about this case can call 608-841-2150.

Read the full complaint here.

Read the official press release here.

Current News Coverage:

Channel 3000

TMJ4

Milwaukee Journal Sentinel

Wisconsin Public Radio

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Thomsen Files Civil Rights Lawsuit Against Milwaukee County and Former Sheriff’s Deputy Streicher for Collision That Resulted in the Death of Community Activist Ceasar Stinson

Partner Mark Thomsen of Gingras, Thomsen and Wachs Lawyers filed a civil rights and wrongful death lawsuit against Milwaukee County and former Milwaukee County sheriff’s deputy Joel Striecher for the high-speed collision that claimed the life of community activist Ceasar Stinson.

On January 25, 2020, Streicher was on duty traveling northbound on North 10th street in a sheriff’s SUV when he ran a red light and struck Stinson, who was traveling westbound with the right-of-way on West State Street. Streicher was incorrectly driving in a right turn lane and his brake lights never came on prior to impact.

The impact of the crash caused Stinson’s vehicle to rotate 180 degrees and roll onto the driver’s side. The Milwaukee Fire Department declared Stinson deceased at the scene.

In May of 2020, Streicher was charged with a felony and pled guilty. He was sentenced to six months in jail. However, it recently came to light that Streicher was fitted for a GPS monitor and placed on the Electronic Monitoring Program at home.

Stinson’s surviving family members, including his wife Chipo and daughter Cearra, were under the impression that Streicher would serve his sentence in custody.

Attorney Thomsen seeks relief for Chipo and Cearra Stinson for the reckless actions of Streicher as a violation of Ceasar’s due process rights under the Fourteenth Amendment and for wrongful death, punitive damages and loss of companionship.

Under Section 1983, an individual has the right to sue state government employees and others acting “under color of state law” for civil rights violations. It is clearly established that when a law enforcement officer engages in criminal conduct which results in bodily injury or death, the plaintiff’s right of recovery is governed by federal law.

“I am honored to have been able to accompany Chipo and Cearra through the criminal justice system to get Streicher convicted, and it is now time to obtain full civil justice for the Ceasar Stinson family,” said Mark Thomsen.

Read the full lawsuit here.

Current News Coverage:

https://www.wisn.com/article/jail-policy-granting-convicted-killer-gps-privileges-remains-unchanged/37296856

https://www.jsonline.com/story/news/local/milwaukee/2021/07/29/stinson-family-files-wrongful-death-lawsuit-against-milwaukee-county/5420906001/

https://www.cbs58.com/news/deputy-who-caused-fatal-crash-was-serving-sentence-at-home

https://www.wisn.com/article/former-deputy-in-deadly-crash-got-gps-monitor-75-minutes-into-6-month-sentence/37160669

https://www.jsonline.com/story/news/crime/2021/07/23/judge-ordered-jail-but-former-deputy-fatal-crash-home-mps-milwaukee-ceasar-stinson/8069404002/

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Milwaukee Common Council Approves Historic Settlement in Civil Rights Lawsuit Filed by Former Bucks Guard Sterling Brown and GTW Partner Mark Thomsen

More than three years after being wrongfully tased and unlawfully arrested by Milwaukee police officers, former Milwaukee Bucks guard Sterling Brown’s settlement agreement implements anti-racist policing policy for the city’s police force.

The Milwaukee Common Council voted to authorize this historic $750,000 settlement in the civil rights lawsuit filed by Brown and Gingras, Thomsen & Wachs partner Mark Thomsen.

As part of the settlement, the city of Milwaukee promised to modify its police department standard operating procedures, including the following changes that have been taken or will be taken:

  • The city will prepare revised operating procedures embracing a policy of anti-racism and make sure they’re submitted to the Milwaukee Fire and Police Commission for final approval.
  • The city and the Milwaukee Police Department (MPD) commit to implementing a “discipline matrix” to “ensure meaningful, certain, and reasonable consequences for violations of MPD Standard Operating Procedures.”
  • The officer who initiated the incident with Brown has been removed from patrol duty.
  • The city will rescind its claim in court records that Brown’s injuries were caused by his own actions.
  • Milwaukee Police Department has used the body camera video of the incident to train its officers on ways to better communicate with the public in order to avoid unnecessarily escalating situations.
  • The police department will work with Brown on education and outreach projects to improve communication and understanding between the police and the community.

While the settlement did not admit a violation of Brown’s constitutional rights, it did issue a formal apology.

“The city of Milwaukee and MPD apologize for the encounter and actions between Mr. Brown and MPD officers on January 26, 2018,” a joint statement reads. “The city further recognizes that the incident escalated in an unnecessary manner and despite Mr. Brown’s calm behavior.”

“Sterling Brown’s goal of implementing anti-racist policing policies that protect all human beings confronted by MPD officers in the future has been accomplished,” said Mark Thomsen. “The creation of a discipline matrix for violations of the anti-racist policing policies is designed to discipline bad officer conduct and allow the city’s many good officers to do their job of protecting human rights.”

On January 26, 2018, police officers doing a business check at a Walgreens around 2 a.m. noticed a vehicle parked across two handicap spaces. While questioning Brown for the parking violation, the officers unlawfully tased and arrested him.

After an internal review, which included body camera footage, several officers were disciplined and required to undergo remedial training. However, Brown was not offered a formal apology from the Milwaukee Police Department.

In September of 2019, the city of Milwaukee proposed a $400,000 settlement that did not include anti-racist policing policy changes. Brown refused this “settlement” and vowed to continue fighting for justice for the community.

From the beginning, Sterling Brown hoped justice in this case would take on a larger meaning and give “a voice to the voiceless.” Following the incident, Brown and his brother, Shannon Brown, started the S.A.L.U.T.E. Foundation to mentor under-served youth on the basketball court and educate them about interactions with police.

The law firm of Gingras, Thomsen and Wachs has been honored to accompany and fight for Mr. Brown in his pursuit of racial justice and looks ahead to improvements that will be made in the city of Milwaukee’s police department.

The entire firm remains proud to be part of cases that cultivate conversations around civil rights issues and spark meaningful change in our communities, both in the state of Wisconsin and across the country.

Hear from GTW partner Mark Thomsen as he reacts to today’s historic $750,000 settlement approval.

Current News Coverage:

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Gingras and Thompson Settle Title VII Lawsuit On Behalf of Client for $167,000

Partner Bob Gingras and attorney Scott Thompson of Gingras, Thomsen and Wachs Lawyers settled a lawsuit in the Western District of Wisconsin on behalf of our client for $167,000.

Our client alleged in her complaint that her employer violated Title VII of the Civil Rights Act of 1964 by retaliating against her for reporting sexual harassment. The facts of the case resonate with the #MeToo movement.

Our client was fired after she reported a coworker for sending her an unsolicited picture of his penis.

Our client first began working for her employer in March of 2012. Throughout her tenure, she maintained a glowing employee record and received regular performance-based raises and bonuses.

The trouble began in September of 2017 when a coworker began sending her inappropriate text messages. Our client reported these text messages to management, yet the employer never disciplined the coworker for this behavior.

In May 2018, the same coworker texted our client a string of photos documenting damage of a vehicle at work. In the middle of these pictures, the coworker inserted a picture of his penis.

Our client was disgusted and deeply violated by this behavior. So, she did what company policy instructed her to do — she reported it to her supervisor. Regardless of the policy, her supervisor laughed her off.

As a result, our client was very upset and reported the sexual harassment up the chain of command to a company executive, the former Vice President of Safety. In an email, the executive stated that this created “a hostile work environment.”

Regardless, the onus of handling this harassment fell to its victim, our client. The company left her the responsibility of interviewing her harasser. She met with the executive and the man who had sent her a picture of his penis. The company instructed our client to record the conversation.

To our client’s credit, she did as she was instructed. She stood up for herself and confronted the coworker about how harmful and inappropriate his behavior was. She recorded the entire conversation.

Our client delivered the recording of the conversation to the company’s then Vice President of Human Resources. Later that day, the same vice president told our client that she needed to attend a meeting to “wrap up the situation.” However, at the outset of the meeting the employer terminated our client’s employment.

Although our client was terminated, the coworker faced little to no repercussions from the employer. He was not disciplined, and the employer made no mention of the sexual harassment on his annual performance evaluation. In fact, he remained on staff, even transporting children to school on occasion.

While devastated by the employer’s retaliatory behavior, our client never backed down. She filed her lawsuit on November 8, 2019 and refused to settle until the eve of trial.

“Our client is a hero. She faced a deeply unsettling workplace situation and responded with grace and strength,” said Scott Thompson. “She stood up for herself, she stood up for what was right, and it paid off. Working with her inspired me, and I hope her story will inspire others to stand up for themselves in the future.”

The Gingras, Thomsen and Wachs team stood with their client as she fought for justice in the court system.

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Bucks Guard Sterling Brown Authorizes GTW Partner Mark Thomsen to Sign Historic Settlement in Civil Rights Lawsuit with the City of Milwaukee

Bucks Guard Sterling Brown Authorizes GTW Partner Mark Thomsen to Sign Historic Settlement in Civil Rights Lawsuit with the City of Milwaukee

Gingras, Thomsen and Wachs partner Mark Thomsen, on behalf of Milwaukee Bucks guard Sterling Brown, signed a settlement agreement with the City of Milwaukee. The City will admit to violating Brown’s constitutional rights and incorporate changes to its police department standard operating procedures.

Brown filed the civil rights lawsuit following a January 2018 incident in which he was unlawfully attacked, tased and arrested for parking illegally – despite no resistance or posed threat.

According to Milwaukee police, officers doing a business check at a Walgreens around 2 a.m. noticed a parked vehicle across two handicap spaces. Brown was being questioned for the parking violation when police officers tased and arrested him. After an internal review, which included watching the body camera footage, several officers were disciplined and required to undergo remedial training.

In September of 2019, the City of Milwaukee offered a $400,000 settlement that did not include an admission of liability. Brown refused this settlement and vowed to continue fighting for much-needed community progress.

Mark Thomsen and the City Attorney of Milwaukee filed a joint status report update in federal court on November 6, 2020 regarding the settlement details, but the City Attorney does not become authorized to sign the agreement until the Common Council next meets.

The law firm of Gingras, Thomsen and Wachs has been honored to accompany Mr. Brown in his pursuit of racial justice and looks ahead to improvements that will be made in the City of Milwaukee’s police department. There will be no comment from GTW or Mark L. Thomsen at this time.

Read the official statement from the Milwaukee Bucks:

Current News Coverage:

https://www.jsonline.com/story/news/local/milwaukee/2020/11/09/sterling-brown-police-civil-rights-lawsuit-settlement-offered-milwaukee-bucks/6219866002/

https://madison.com/wsj/sports/basketball/professional/revised-settlement-recommended-over-arrest-of-bucks-guard-sterling-brown/article_b8dbfcd9-ed37-5b1c-87e5-93557be63abe.html

https://www.nytimes.com/2020/11/09/us/sterling-brown-nba-settlement.html”>https://www.nytimes.com/2020/11/09/us/sterling-brown-nba-settlement.html

Letter From The City Attorney

Joint Status Update

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Gingras, Thomsen & Wachs, LLP Settle $5.25 Million Wrongful Death and Personal Injury Suit Resulting From Drunk Driving Accident

Gingras, Thomsen & Wachs, LLP Settle $5.25 Million Wrongful Death and Personal Injury Suit Resulting From Drunk Driving Accident

GTW attorneys Robert Gingras, Michael Luebke and Kim Sweatt recently settled a wrongful death and personal injury lawsuit that occurred as a result of a drunk driving accident.

On the afternoon of October 14, 2018, Kevin and Amy Sylve were on their way to a pumpkin patch in Sun Prairie, Wisconsin, after spending the weekend preparing for Halloween. The Sylve couple were high school sweethearts with two daughters and twin grandsons. As the couple approached the pumpkin patch, Kevin slowed his Toyota Camry, activated his turn signal and began the left turn into the pumpkin patch.

Nicholas Hanley had spent the day drinking alcohol and smoking marijuana. Mr. Hanley had a record of drunk driving including four prior charges and three convictions. On October 14, he was driving an illegally modified monster truck at more than 70 mph on a country road with a 55 mph speed limit. Mr. Hanley attempted to pass the Sylves as they turned left into the pumpkin patch.

The resulting crash was horrific. Witnesses heard Mr. Hanley downshift his monster truck and accelerate into the Sylves’ vehicle. Despite resuscitation efforts, Kevin passed away at the scene.

An ambulance rushed Amy to the University of Wisconsin Hospital with severe injuries.

Gingras, Thomsen & Wachs represented the Sylves in their wrongful death and personal injury lawsuit against Mr. Hanley, as well as his business A+ Storage, Inc. Attorneys Robert Gingras,

Michael Luebke and Kim Sweatt successfully litigated and negotiated a $5.25 million settlement with Mr. Hanley’s insurers.

“Our communities are plagued by drunk drivers. Those who make the decision to drink and drive must be held accountable for their actions. This settlement sends a message that our community will not tolerate endangering the lives of innocent people,” said attorney Robert Gingras.

In the pending criminal case, Mr. Hanley faces nine felony charges including homicide by intoxicated use of a vehicle, injury by intoxicated use of a vehicle and OWI (4th).

Gingras, Thomsen & Wachs represents individuals in personal injury, civil rights and employment lawsuits. The firm has offices in Eau Claire, Madison, Milwaukee and Waukesha.

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Kinne Files Title II Lawsuit Against Cuba City School District

Gingras, Thomsen and Wachs Partner Paul Kinne has filed a Title II lawsuit against the Cuba City School District (CCSD) for violation of the Americans with Disabilities Act and Rehabilitation Act. Our client is specifically seeking justice for discrimination, abuse and deprivation of educational opportunities that occurred during the 2018-19 school year.

Our client suffers from autism, and as a student at Cuba City Elementary School, she endured repeated abuse and isolation at the hands of her special education teacher.

Over the course of the school year, our client was unlawfully secluded in a concrete block-walled classroom as a form of punishment, forcefully grabbed and dragged down the hallway by her arm and treated in a way that would intentionally provoke outbursts.

On at least one occasion, the special education teacher stated, “If we calm or discipline her, then we cannot suspend her.”

This deliberate treatment was used to create a disciplinary record that would support a decision from the CCSD to place our client in a different school, outside of the district. In March of 2019, district officials informed our client’s mother that she would be moved to a different school, New Frontier School.

New Frontier School lacked any expertise in dealing with students who suffered from autism, so our client’s mother requested that the CCSD offer her the chance to attend Common Threads, which has an expertise in working with autistic students. Cuba City School District rejected this request, sending her to New Frontier for the remainder of the 2018-2019 school year.

The continued mistreatment and discrimination caused our client mental anguish and suffering, even deteriorating her behavior at home. It also negatively impacted her learning and academic achievement.

“Our client’s family hopes that through this legal action, she can achieve justice for herself and for others in a position similar to hers,” said Paul Kinne.

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Gingras, Thomsen & Wachs, LLP | Attorneys at Law | Lawyers in Wisconsin | GTW is ALL IN TO WIN®

Gingras, Thomsen & Wachs, LLP | Attorneys at Law | Lawyers in Wisconsin | GTW is ALL IN TO WIN ®
Located in Wisconsin, the law firm of Gingras, Thomsen & Wachs, LLP represents clients throughout Wisconsin, including, but not limited to the cities of Madison, Milwaukee, and Eau Claire.

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