Suffolk Public Schools sued for $8M in student assault case

Published 3:05 pm Tuesday, October 29, 2024

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A Suffolk family has filed a lawsuit seeking $8 million in damages from Suffolk Public Schools and several school officials, following an alleged assault on their child by another student at Turlington Woods School in May 2022. 

The lawsuit, filed in Suffolk Circuit Court on Oct. 8, accuses school board members and staff members of “grossly negligent and reckless disregard for the safety” of the student. The complaint claims the alleged assault led to both physical and emotional harm for the student.

The complaint names as defendants the Suffolk School Board; Kinsey Bynum, principal of Turlington Woods School; Katrina Almond, a teacher at the school; Randolph Boone, coordinator for the district’s Student Services Department; and Elizabeth Allen, an administrative assistant.

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According to court documents, on May 13, 2022, the plaintiff and a male student were left unsupervised in a classroom trailer at Turlington Woods School by Almond without implementing control procedures. According to the complaint, the male student had a prior history of sexual and physical assault and battery. 

The complaint alleges school officials were aware of potential threats posed by the other student and failed to adequately supervise and control the student, ultimately leading to the alleged assault.

The lawsuit claims, the plaintiff, a 14-year-old girl, was temporarily expelled from Colonel Fred Cherry Middle School in April 2022 for possession of a vape and later that month expelled permanently after an administrative review. The student was transferred to Turlington Woods School at that time. The complaint alleges that on or about April 6, 2022, the family filed an appeal to SPS to reverse the expulsion. 

Despite getting confirmation the appeal had been received, the family received no further communication between April 7, 2022, and May 23, 2022, despite attempts to contact the division, the complaint alleges. On or around May 23, approximately one week after the alleged assault, Boone, according to the complaint, informed the plaintiff’s father the appeal paperwork had been received, but was “lost” by his office. Boone then told the plaintiff’s father he would remove the expulsion status, allowing her to return to Colonel Fred Cherry Middle School. 

The family is seeking $8 million for physical and emotional injuries, as well as for both current and future financial losses.

“We are concerned by the recurring failure of our local school system’s commitment to protecting students from assaults and sexual abuse,” Kevin Biniazan, attorney for the plaintiff, said in a statement to Suffolk News-Herald. “We hope pursuing accountability in this matter will help this community work towards long-term solutions that will prevent these instances of abuse rather than responding to them.”

Suffolk News-Herald reached out to Suffolk Public Schools attorney Wendell Waller for comment, but has not yet responded.

The case remains pending in Suffolk Circuit Court.