claim a Knox Co Kindergartener was assaulted in class

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http://www.wate.com/Global/story.asp?S=4784908 & nav=menu7_2_1

Lawsuit claims Knox Co. kindergartner was

assaulted in class

April 4, 2006

By ADAM LONGO

6 News Reporter

KNOXVILLE (WATE) -- Civil rights violations and

assault are just two of the allegations being

made in a federal lawsuit that will be filed

Wednesday involving the treatment of a Knox

County kindergartner.

The claim is that a young, autistic girl was

restrained by a school administrator in a

classroom at Spring Hill Elementary School in

October 2005.

Tara Mallory claims her seven-year-old daughter,

Mallory, left school that day shaken and

physically bruised. It was only her third day of

kindergarten and also her last.

" In my wildest dreams, it never occurred to me

that they would hurt her and humiliate her the

way they did, " Tara says.

The suit alleges the incident started when

's teacher left the classroom for Wal-Mart.

Two other students tried to change her clothing

while two other administrators were in the

classroom. panicked and school

administrator Judy Pickering entered the

classroom and allegedly restrained her.

" I was enraged. I was hurt, " Tara says. " I'm the

one who's supposed to know when bad people are

around and I didn't see it coming. "

Spring Hill Principal Lynn Draper says, " It was

investigated internally by several departments in

the school system and it was found there was no

violation committed. "

Tara pulled out of school and tried to set

things right. " I've contacted school board

members. I've written letters, gone through the

entire chain of command in Knox County. I've been

dismissed and treated disrespectfully. "

Tara also hired attorney Mike Shipwash who says,

" I was astonished that the school system would

let someone like her child fall between the

cracks. "

Now, a lawsuit in federal court alleges false

imprisonment, claiming that being

restrained for 20 minutes was intentional,

reckless, outrageous and inappropriate.

The suit also alleges assault: actions committed

by the defendant caused physical pain and

uncomfortableness to the minor and emotional

distress. Plus, it claims actions committed

against resulted in serious mental and

emotional injuries.

The suit seeks $10.5 million in damages.

Since that time, Tara has home schooled

and says she doesn't think this is an isolated

case. She says she's talked with other parents

who have similar claims and similar stories to

share.

Those named in the lawsuit have 20 days to

respond. Then, a date will be set for the

hearing.

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" In the end, we will remember not the words of our enemies, but the

silence of our friends " -- Luther King, Jr.