Lawsuit filed over 2005 Pinellas school handcuff incident

Nearly four years after the incident made international news, the mother of a former St. Petersburg kindergartener who was videotaped throwing a violent temper tantrum in class and then being handcuffed by police has filed suit against the School Board and hired high-powered attorney Willie Gary.

The girl, now 8, was "severely traumatized" by the incident and will need long-term therapy, says the 17-page lawsuit filed March 12 in Pinellas Circuit Court by the girl's mother, Inga Akins, 27. The Times is not naming the girl because of her age.

The suit accuses the Pinellas County School Board and Fairmount Park Elementary of negligence, malicious prosecution and a civil rights violation. It seeks more than $15,000 in damages.

"As a result of this incident, (the girl) is petrified about attending school, is afraid of law enforcement officers, has been severely traumatized and suffers from fear and anxiety," the suit says. The girl "has a permanent impairment related to the situation with the police and will require continuing long-term therapy and neurodiagnostic testing."

The videotape shows the girl making a mess in the classroom, stomping on a desk and throwing punches at assistant principal Nicole DiBenedetto, who repeatedly tells the girl to stop and that her actions are "not acceptable." It also shows St. Petersburg police officers sternly telling the girl to calm down before standing her up, putting her arms behind her back and putting on handcuffs.

The girl screams as the tape ends.

The suit accuses the district of not having proper procedures in place for dealing with disciplinary problems and not properly training employees to handle such cases:

"Instead of taking measures to calm (the girl) down, school officials evacuated the classroom" and left her alone with DiBenedetto, it says. That caused the girl to become "more upset because she was extremely frightened of Ms. DiBenedetto" due to an undisclosed, earlier incident in January.

Ron Matus, State Education Reporter

*

Comments

[Ray]

Crackdown hard on the parents. It's not all on the kid. Heck, it's MOSTLY on the parents. These schools needs to start hitting parents where it hurts: their pocketbooks. Your kids gets out of line and prevent the rest of the class from learning, you get a citation on behalf of your rotten kid.

[????]

!

I see there is no way to convince you that you may be wrong. If a child constantly disrupts a class so that other children cannot learn then that child should be removed. As our school board takes their sweet time to figure out the issue and recommend a solution, like maybe the child needs to be in a EBD class, then the whole class continues to suffer. We have tried all the things you mentioned. Positive reinforment, consequences for bad behavior, etc. When I sit next to this child and the childs seems to be doing good, then all of a sudden you get slugged in the stomach, it makes you wonder what you should do. Anyway my opinion is the same. If the parents refuse to get involved then we must do whatever it takes to get through the day with no other students getting hurt. It is another lawsuit waiting to happen. Maybe we could sue the parents for being negligent and refusing to answer their phones. Their child is not learning anything and is keeping the other students from learning. And when the other children see that there is no serious punishment then they begin to act up also. Remember we are talking about Kindergarten & first grade.

[!]

Do I have to mention that the professional educators should use their degrees to provide a safe learning environment? ...for ALL kids.

An entire school full of educated professionals should be able to come up with something better than "operation candid camera."

Behavior management includes positive reinforcement, avoidance of environmental conditions that set off behaviors it sometimes involves an entire team of professionals to study the child over a period of time and try various forms of both positive and negative discipline.

Did they forget to teach classroom management, discipline techniques and child psychology at teacher school? Does the district fail to provide continuing education in the same topics?

Looks like they must have taught a course in film study and camera operation...and perhaps some advanced drama classes.

Seems to me this child likely suffered from PTSD,Post Tramatic Stress Disorder. The teacher and administrators videotaped as they induced an incident by adding stressors to the child's environment. The child's reaction was a natural reaction to a threat. It was basic human instinct.

I recognize a classroom teacher struggles to balance the needs of one with the needs of many. But, the truth is they all deserve top notch care by professionals who study the field they have chosen to work in.

[????]

!

The only recommendation you gave is:

Teaching parents to parent, to learn and grow themselves and how to AVOID putting a child in a position of acting out.

Unfortunately when you can't get the parents to respond then this is not possible. I actually feel sorry for the kids because the parents don't care. As long as we can't make the parents be involved and take responsibility there are no good answers.

[!]

????,

I have spent a lot of time in many schools. It's not that I don't "understand" the problem, it's that I disagree with the majority of the posters about how to solve the problem.

I will say again, they are children-growing, learning human beings-what we do affects their future...and our own.

Beating, swatting, slapping, restraining, calling names, tasing and humiliating the mother-another living breathing human being-is not going to help.

Professional educators should know better. I once thought they did, but now I wonder. Still, I have faith that 95% of teachers are doing what needs to be done and they're doing it the right way. Some, though, just don't get it.

Not only have I taught children with some pretty severe problems, I have worked with their parents, too. Teaching parents to parent, to learn and grow themselves and how to AVOID putting a child in a position of acting out.

This teacher, obviously with the help of the administration, set this kid up. I hope the family gets a lot of money from the school district. I hope the family uses it wisely, but they may not. However, the school district should change some procedures if they have to pay out of pocket.

Educate all children from all backgrounds to the best of your ability or pay the price.

Fear and intimidation is not the way to a better society.

[anybody]

Mom was called and could not be bothered to go to the school. The child has obvious emotional issues and these had developed long before this incident. There is a process in all schools to place children in the appropriate setting but it is a process and takes a long time. The schools do not want to "label" a child if it is not necessary. Many parents train their children to act out so they can get a "crazy check" for their disabled child. To many parents do not respond when they are called by the schools. More than you can imagine do not even send in the correct phone numbers. I can not even recall how many times I have tried to reach a parent and have the wrong number or worse been told to deal with it myself because they are too busy. This parent should not receive a penny yet alone a dime, she was the one to drop the ball when she failed to go to the school when they phoned her.

[Ron]

The kid needed a good swat on the a** that's all. Back when I was in the public school system, teachers could do that, and you know what? The school wasn't crawling with the scummy, disrespectful twerps that teachers have to deal with now. Back then, kids knew there were some dire consequences for being a problem child. If you weren't paddled, you would get something unorthodox; I remember a kid in my 4th grade class was forced to spend a week with the kindergarten class. . .hey, he was acting like one, so it made sense. He was humiliated and it worked. His behavior improved.

Nowadays the school system is a babysitting environment where all the teachers and officials are afraid of a lawsuit. Stuff(that was actually effective) that teachers and officials could get away with back then, they get sued for now and no parent wants to believe the school officials anymore; they think their d*** kids are all angels.

[????]

Dear !. As I said you have no idea. School employees are afraid of lawsuits; imagine that; and parents refuse to believe there is anything wrong with their children. As I said either spend a day , or no a week, because some days they have good days, and then you will have the right to judge. If the parents refuse to answer their phones, even when their child is sick, what do you recommend? Oh and by the way you are not allowed to restrain them. It's against the law for a teacher to restrain them. Basically we are babysitters for six hours a day because their parents don't want to be bothered.

[!]

If I was an adult at the school, I would be embarrassed to admit I could not outsmart a five-year-old. Really? An entire school filled with education degrees and nobody could implement a behavior management plan that worked?

More than a billion dollars to a school system that could not provide the appropriate support for mom and child to integrate successfully in the school community?

And grown adults-some who say they are teachers and police officers-taking time from their day to call a five-year-old child names, suggest she be beaten and degrade the mother, the only parent who stayed around to give it a shot.

Tase the child. Really? Hit her. Scream at her. Call her mom names...these are the "solutions" the "professionals" bring to the table? Really?

And citizens are supposed to believe our tax dollars are well spent?

[Edward Ringwald]

I have seen and watched this video many times when news of the kindergartener being handcuffed originally broke four years ago. Many of you out there have your own opinion of how the incident at Fairmount Park Elementary School was handled, so here's my own opinion.

Right after the Fairmount Park incident I wrote in a Bay News 9 Viewer Center blog that the administration of Fairmount Park Elementary School failed this young child. If the child was indeed having behavioral issues the administration should have intervened in the very first place and involve the school psychologist early in the process. However, the administration never addressed the behavioral issues in the very first place, instead allowing the issue to escalate to a point where the St. Petersburg Police Department was called.

To a very young child, the sight of metal handcuffs can be very frightening. Police regulation handcuffs were not made for the very small wrists of young children, necessitating the use of "handcuff helpers" (a piece of plastic mounted on the handcuff ratchet bar to make escaping from handcuffs impossible for people with small wrists). If temporary restraint was needed to calm the child down, the police could have used one of the plastic handcuffs until the child was more manageable.

I feel this situation should have been handled by calling the mother in the very first place and getting the mother involved. Instead, the assistant principal took it on herself to handle the situation in an improper manner.

And speaking of Fairmount Park Elementary School in general, what kind of administration was being run there in 2005 when this incident happened? It is believed that this young kindergartener was involved in a previous incident with the assistant principal and the kindergartener was afraid of the assistant principal since. Additionally, remember shortly after this incident of the young boy who ran out of the school and into oncoming traffic on 5 Av S and the accident that resulted? What is going on here?

The Pinellas County School District from what I understand made some changes since the incident as far as Fairmount Park Elementary is concerned. The school got a new principal, but I feel the assistant principal - Nicole DiBenedetto - should have been transferred to a different school. Instead, the Pinellas County School District keeps Ms. DiBenedetto at Fairmount Park. After all, being an assistant principal at an elementary school requires that you work with children no matter what.

In my opinion, the incident at Fairmount Park Elementary School should have been better handled and not allowed to escalate to the point of having to call the police in the very first place.

[????]

It just amazes me that most of you have no idea what goes on in the schools. At our school we have a child that is very much like this little girl. The child is 5. The parents are pretty much not available during the day. When the child acts up; biting, hitting students and teachers, screaming, kicking, refusing to get up off the floor, etc. etc. etc.; there is not much we can do. Calling doesn't help, no one answers the phone. Both the students and the teachers are capable of being hurt. Yet the child deserves a public education and we can't make the parents responsible. Doesn't make any sense to me, but it has been going on since the beginning of the year. I believe the handcuffs were the right thing to do. Otherwise if the child gets hurt while you are trying to calm them down, he could end up with scratches or red marks and then you could really get in trouble. The parents of the other students have a right to know what is going on in the classroom. They should be able to demand that the student is removed for the safety of their children and the chance for them to learn in a non- disruptive classroom. In less you've seen it don't judge.

[Smith]

I had a kid throw a desk at me last week. If an SRO would have made it to my room PRIOR to this incident, would the kid have been handcuffed? YOu're damn right he would have. Parents, you have NO idea what we're dealing with.

[Dan]

abbi and jeff, you have to lean to R E A D! The suit is for a minimum of $15,000 which is how most suits are filed.
I am unsure if I support payment; however, I am unsure if I support handcuffing a 5 year old. I think there were better ways to handle this situation. I bet if any of the ya-whoos who say handcuff her had their 5 year old handcuffed and put in a squad car, they would be singing a differnt song. Spunds like the "pull yoursef up from your bootstrap" crowd that gave Madeoff their money, but now they're asking the government for help. HYPOCRITES!

[Fed Up]

Who is going to sue on behalf of all the kids and the teacher who were traumatized by having to vacate their classroom? The statement that this kid was traumatized because the classroom was evacuated is utterly ridiculous. Were 17 other kids supposed to be put in harm's way because of a kid who was out of control? Give me a break. The school board should be suing the mother.

[Jill]

Teachers shouldn't need special training to deal with discipline problem kids. It's the PARENTS job to make sure their kids know how to behave when at school or anywhere else. If your kid acts up too much, kick 'em out or force them to some disciplinary training school until they know how to behave normally. . . .and make the parent PAY FOR IT!

[Joe]

Seems like time for a countersuit against the "mother" for not preparing the child for school and having thge discipline to participate. I'll serve on either jury. "Mother" and shark wouldn't like result.

[bigstanley]

3:57,

You are exactly the problem. Your heart bleeds compassion for people who refuse to accept any responsibility. I have compassion for the students, teachers, staff who have had to endure this behavior from this child and her irresponsible, ill equipped to raise a child, mother. It is YOUR responsibility to raise your child and teach character. If YOU don'ty do it.....who is to blame....uh, YOU!!!

Get a grip on reality and wake up!

[jeff]

The lawsuit is just a shakedown. Only $15,000 for lifetime trauma of a child and CIVIL RIGHTS violations. They are gambling that the schools will settle for the $15,000 because it is cheaper than fighting the lawsuit. They know it is BS but that's how shakedowns work. In my opinion, no disrespect.

[Abbi]

They're only suing for 15 grand? Seriously? After the attorney takes his cut, there certainly won't be enough for "long term therapy".

Either the attorney figures this lawsuit will never fly or, the mom doesn't have a clue. Perhaps both instances are true.

And, once it's all done, I think the parents of the kids in the class need to sue the brats mom for allowing her child to traumatize their children with this fiasco.

[retiredteacher]

Fairmount Park and its employees do not deserve this notoriety. The employees are fair-minded and treat all children the same, regardless of color or economic situation. This child was out of control for a long time and "Mom" had stopped responding to the school's pleas for help. This lawsuit is a travesty and, if she should "win," the judge should stipulate that the money be used for counseling and parenting classes. This is just so wrong from lying on TV about her child to filing this frivolous lawsuit. BTW, I was there and this kid was out of control. We should allow adults to be injured so we don't upset her delicate psyche?

[Jay]

Took her 4-years to find a show boating loud mouth attorney to take the case. Mom should be handcuffed to that child for the rest of her life. After all, how traumatized is that child going to be after the next 5-6 times she is handcuffed in her life.

[Ol'QuickBuck]

Remember the video? I was so traumatized by it, I have contemplated a lawsuite myself.

[Chico]

Does anyone remember the video? This kid was out of control for what, 20 minutes? What else could they do, let the disrupt the class the whole day? Why does this kid need school anyways? She'll just drop out in the 10th grade, get pregnant, live on welfare, and then get arrested for having cocaine. Is the civil legal system just a lottery with better odds? If you have enough kids one of them will get into a position where the parents can sue someone. The mom is more to blame then anyone else in this situation. Is Jessie Jackson going to be here for the trial? He was here after it first happened.

[samknowsbest]

Let me tell you all this. That little brat is so lucky that I was not the cop that showed up. I would have tasered that little low life for tearing up that office. Then turned and peppered the mother for wasting the tax dollars of the school and my time by not teaching her how to act in school. To hell with all you and the race card that is being ever so slightly worked into this feed. I have a 8 year old adopted black daughter and trust me. She knows what Will happen if she gets into trouble in school. In addition, i have not had to touch my daughter in a disciplinary action since she was 3. Responsibility and discipline start at birth and end when you die. Blame the parents not the school and kick this kid and her mother out of the school and let them fend for themselves. Maybe that will teach the kid how to not act like her fat, lazy mother.

[Denise]

Hey !, There in lies part of the problem. Why are these women raising children from multiple male partners? This is what the child sees and learns, and in this example, what that life style created! So now she can sue for having made all her own bad choices and teaching her children to make bad choices? This child had deep issues long before being handcuffed, but like so many others have stated, it is easier to blame than take responsibility for your self.

[John]

Hey mom, how about just getting your kid to behave! I'd bet if schools still used the paddle she would have been a good girl.

[Tommy]

Looks like someone fell behind on their mortgage.

[!]

It's amazing how many people think the answer is to hit the child.

Unbelievable to think about how many people think hitting the child will solve the problem.

Certainly nobody thinks hitting the child will create a better human being, do they?

[Bill, St Pete Beach]

The reality is the child was traumatized prior to being handcuffed. Thus the repeated tantrums in class, the parents being repeatedly notified of the issues. The tantrums are a direct result of her home environment. Children are like little sponges and absorb everything around them. Children are born pure and perfect and develop into the environment they are raised. It's not rocket science, I'd be willing to bet the child behaves the same way at home as a result of bad parenting and now the mother is going to sue, and probably win something as a result of all the publicity. It is so sad. Why hasn't social services gotten involved? Why hasn't the all star mother been investigated? Hopefully it comes out in court.

[Josh]

Back in my day, if a kid did that they got spanked...and then it didn't happen any more.

[BlindEye]

I was unable to watch the video because I have blocked themes of violence and hatred in my DNS server configuration.

[amy]

Any emotional handicap (or whatever the pc term is today)this kid has is the cause of the behaviour, not the result of the discipline.

[Joseph]

They are suing because they 'cleared the room?' Come on, if they left her in the room and a kid got hurt they'd sue. The teacher had to protect those kids who were not acting like ANIMALS!

[Larry]

Here's an idea. Sue the mom and the child for intentional affliction of emotion distress. Prove the momma obviously didn't do her job and was neglegant in the raising of her child because she had been warmed about her childs actions. Sue to recoop cost of the police and everything. Then, the cops sue momma for the same thing. Then I will sue her for being stupid.

[Kevin]

This little girl will grow up to be a productive member of society. I expect that she'll graduate college, and wait until she's married to have her 5 or 6 kids.

No, really!

[Joe]

Agreed. Let this go to trial. Show the tape. Then tell the momma.........DO YOUR JOB AND RAISE YOUR KID RIGHT! I have a 4 year old and he'd never come close to any of this little punk kids actions. Civil Rights violation my butt.

RAISE YOUR KIDS!

[Rodger]

This little girl was just being fitted for the chains of her future. she has already learned that having a temper tantrum gets her her own way. little girl the po po wont play that game like mommy will. the whole story has'nt been told here, but it will be in the court room. when mommy and her lawyer lose, mommy AND the lawyer should pay the peoples fee for the attorneys.

[Fairmount Park Parent]

I was a parent of a child attending Fairmount Park when this happened and the media did not tell the whole story. This child had made many bad choices before this incident,the mother had been notified, and the child's behavior didn't change.
Did we forget also that she sold her story to "A Current Affair" after this happened? The so called mother needs to step up and take responsibility for her daughters' actions and teach her daughter that bad choices have consequences not a trip to an amusement park.
I whole heartily support the police, school and especially Mrs. Debenedeto for their actions. Anyone who knows Mrs. D knows she only wants what is best for all "her kids". Throw out the lawsuit and make the mother pay for any costs incurred by the school to defend this ridiculous suit!

[.]

Nice try some of you.I have known the AP involved in this since childhood.She herself is a single mom.She is a wonderful person and probably one of the friendliest, least judgemental people around. The behavior you see in some schools these days goes well beyond the norm. I think the child belongs over at Calvin Hunsinger for the EBD kids. Sadly, we probably need several more schools like that. It's just too much for regular kids and teachers to be around. Sad. I hope her case gets tossed out. We will never improve as a society until parents stop treating their children as disposable.

[Baby Jane 'Hudson']

Any parent(s) who don't like public education always have the option to PAY for it or go 'charter', and I don't mean the psychiatric (Charter) hospital! Where's Dr. Laura and Judge Judy when you need them?
What a CROCK of CRAP!

[jouelle]

This is why my child goes to private school. If your little darling is too good to obey the rules then your little darling can go somewhere else. Tantrum throwing children can not rob other children of their education. The teachers can teach instead of spending all their time disciplining. It costs me a fortune but child's test scores make it worth it!

[Paul]

Put me on the jury PLEASE.

Any honest lawyer (oxymoron) would pass on this one.

This is a joke. just a joke.

If they win any money the court should
order every penny be used for the childs mental health care.

[Patrick]

"!" you are not intouch with reality. volunteer in a school 1 time. I say 1 time because you will not come back. "Zoolander" you do bring a good point. Perhaps they where fishing for proof that the little angel did in fact act out. However, if you stop a child from hitting you or other, or walking on YOUR desk you are hurting them. If you let them scream and kick and harm other children then no one get an education. You must remove them and saying please just don't get it done. Please give us some suggestions. BTW 15G's in physical - millions in emotional.

[PC]

I guess you can find some hungry lawyer

without looking too far.

[John]

Schools are going overboard. What next, chain gangs for pre-schoolers? Really, calling the police on a 5-year-old kid. A lot of little kids throw tantrums. This was really mishandled. If I was the Judge I'd give more than $15,000 in damages...I'd award more like $100,000.

[MotherInPinellas]

I'm so tired of people looking at the school as the problem. I don't care what color she is or what her socio-economic status is. I see this behavior of very affluent kids as well, and guess what they are treated the same by the school. The only difference? The parents show up to take care of the situation! No, you can't control all kid's behavior, but you can darn sure react to inappropriate behavior and suing the school system is not the correct reaction. So, she is traumatized? What about all of the other kids in the class being subjected to her outbursts? Maybe all of those parents should sue her mother after she gets her windfall!!!

[Santa]

Bummer, just when antipsychotic drugs are being dropped off Medicaid.

[superghetto!]

Forget about handcuffs. I would just be traumatized if my momma named me Ja'eisha Lashay!!!

[PC Teacher]

sovereign immunity...?

[Me]

And, just like Joe Waller getting arrested way back in 1960's for acting like an idiot (he is the Uhuru "leader" now), this is probably the best thing that happened to this "family", their little darling getting handcuffed. It's all about $$$$$$.