Silano v. Bd. of Educ. of The City of Bridgeport

• Citation: 23 A.3d 104,52 Conn.Supp. 42,269 Ed. Law Rep. 606
• Decision Date: 07 April 2011
• Docket Number: No. CV–99–0367741–S.,CV–99–0367741–S.
• Court: Superior Court of Connecticut
• Parties: Pasquale SILANO, Sr., et al.v.BOARD OF EDUCATION OF the CITY OF BRIDGEPORT et al.

52 Conn.Supp. 42

23 A.3d 104

269 Ed. Law Rep. 606

Pasquale SILANO, Sr., et al.

v.BOARD OF EDUCATION OF the CITY OF BRIDGEPORT et al.

No. CV–99–0367741–S.

Superior Court of Connecticut, Judicial District of Fairfield.

April 7, 2011.

Laurence V. Parnoff, Stratford, for the plaintiffs.Peter D. Clark, Shelton, for the named defendant et al.Office of the City Attorney, for the defendant Alaine Lane.LEVIN, J.

This is an action seeking money damages for personal injuries allegedly sustained by the minor plaintiff, a special education student, at public school or on a school bus.

On October 4, 1999, the plaintiffs, Pasquale Silano, Jr. (Pasquale), and his parents, Pasquale Silano, Sr., and Francine Silano, commenced this action against the defendants, the board of education of the city of Bridgeport (board), James Connelly, Roberto Rodriguez and Alaine Lane.

The plaintiffs filed a ten count amended complaint on December 21, 1999. The first count is against the board and alleges the following facts. At all relevant times, Pasquale was a minor who was learning disabled and educationally mentally retarded. He attended the Bridgeport public schools and was placed in special education and learning disabled classes. In 1996, when he was eleven years old, Pasquale was threatened at school by a nineteen year old wielding a knife. Between 1996 and 1998, Pasquale was continually subjected to harassment, threats, physical assaults and mental abuse and was robbed while at school. School personnel knew or should have known of all of these incidents. These incidents were caused by the board's failure to fulfill its statutory duties to keep students, including Pasquale, safe and to protect them from harm, harassment, threats, violence and assaults, and the board's failure to adequately monitor, supervise and control the behavior of students enrolled in its school system. As a result, Pasquale sustained severe emotional and psychological injuries that rendered him unable to attend school and required homebound tutoring. In addition, Pasquale suffered further regression and deterioration of his physical, mental and scholastic conditions as well as other damages.

The second count is against Connelly, who was the superintendent of the Bridgeport schools at the time of the alleged incidents. This count incorporates the allegations of the first count and further alleges that Connelly was charged with the duty of overall supervision and control of the school system and the duty to provide a safe environment for students. In addition, the second count alleges that Pasquale's injuries were the result of the negligent and careless failure of Connelly to perform his duties: (a) to provide adequate monitoring, control and supervision of students, principals and teachers in his charge and subject to his observation; (b) to exercise reasonable care in controlling principals, teachers, staff and students so as to prevent students from harming the minor plaintiff; (c) to restrain or control the students, although the defendant knew or should have known the students had a propensity for violence, unruly, undisciplined and criminal activity; (d) to protect the minor plaintiff from the wrongful conduct of other students; (e) to take adequate and necessary precautions to protect the minor learning disabled plaintiff from violent, unruly, disorderly and undisciplined students although the defendant knew or should have known that the minor plaintiff was being continually harassed, threatened and physically assaulted by the students; (f) to undertake necessary and adequate precautions to protect the minor plaintiff when he was vulnerable to harm from students due to his special needs; (g) to employ competent and properly trained administrators, teachers and staff to adequately supervise and protect students; (h) to take reasonably necessary measures to keep Pasquale safe and protected from harassment, threats, violence, assaults and the infringement of his civil rights; (i) to maintain discipline and order; and (j) to prevent intentional harm to the school children in his care.

The third and fourth counts, which are directed against Rodriguez and Lane, respectively, incorporate the allegations of the first count. Rodriguez was principal of the Waltersville School, which Pasquale is alleged to have attended in 1996 and 1997, and Lane was principal of Benjamin Franklin Educational Center, which Pasquale is alleged to have attended in 1997 and 1998. The plaintiffs further allege that Pasquale's injuries were the result of Rodriguez' and Lane's negligence. The allegations of negligence against Rodriguez and Lane are substantially similar to those asserted against Connelly, except for the allegations regarding Connelly's control and supervision of principals.

In the fifth count, Pasquale's parents incorporate the allegations of the previous counts and further allege that, as a result of the injuries sustained by Pasquale, they have incurred and will incur expenses in the future for the education, psychological and medical care, support and maintenance of Pasquale.

The sixth through tenth counts mirror the allegations of the first through fifth counts, respectively, but allege that the defendants acted recklessly rather than negligently. All counts allege that as a result of the defendants' negligence or recklessness, Pasquale or his parents have incurred and will continue to incur considerable expense for schooling and psychological counseling and that Pasquale has been prevented from pursuing his usual life's activities, including his ability to attend school, and his ability to enjoy life's offerings may be permanently restricted. The plaintiffs seek money damages, attorneys fees and punitive damages.

In their answers and special defenses, all the defendants assert that the plaintiffs' claims are barred by the statute of limitations and governmental immunity. Prior to trial, summary judgment was granted in favor of Rodriguez.

The case was tried to the court, primarily on documents. Most of the live testimony that was material was provided by the plaintiff Pasquale Silano, Sr.

The court finds the following facts. Pasquale was born to the plaintiffs Pasquale Silano, Sr., and Frances Rita Paternoster, on February 6, 1985. He has a full scale IQ of 57 which, according to the evidence, places him in the moderately retarded range. His father is a meat cutter in a supermarket; his mother is a home-maker who rarely leaves the house. Pasquale is learning disabled and educationally mentally retarded. He is also obese.

Pasquale entered the Bridgeport public school system as a special education student. During the first half of 1996, Pasquale was assigned to what Deborah Fiorillo, his speech/language specialist, described as “a self-contained classroom for children with specific learning disabilities” at the Waltersville School. One of his teachers, Carolyn Rogers, reported on February 23, 1996, that he was “a well mannered young man who appears to have auditory discrimination problems.... Pasquale appears to be a loner in the classroom. He keeps to himself until he's told to mingle with peers in activities. His spatial handwriting is almost legible.... Pasquale appears to be so confused. Directions must be explained slowly and given with examples.”

Contemporaneously, Fiorillo reported that Pasquale had “made a great deal of progress in math and is now functioning at the 3rd grade 5 month level. In reading decoding Pasquale is working at the 1st grade 5 month level and at the 1 month 3 month level.” She characterized his progress as “slow and steady....”

On February 13, 1996, the family's attorney, Laurence Parnoff, sent Superintendent Connelly a letter ¹ representing: “Over the last two months Pasquale has returned home from school with bruises and injuries as a result of fights occurring at school. As Pasquale is both brought to school and returned home from school by the school bus, his injuries could only have occurred during the school day.” Parnoff requested that Connelly take appropriate action and have Pasquale transferred to another location for schooling. Finally, Parnoff requested a Special Education meeting to determine an appropriate educational setting for Pasquale.

On February 28, 1996, Alexander Norwood, the associate superintendent of schools, responded to attorney Parnoff's letter, stating that he “spoke to Roberto Rodriguez, the principal of Waltersville School, and was assured that Pasquale and all children at the school are supervised while being transported to school and while in school. He also informed me that on January 23, and again on January 31, 1996, Pasquale came to school with multiple scratches on his face. Pasquale was questioned on both occasions and informed the principal that he had an altercation at home with his sister and she scratched him. Mr. Rodriguez contacted the father and informed him of this matter. On January 31, Pasquale was seen by the school nurse and the social worker, and a referral was made to the Department of Children and Families.”

In March, 1998, the board conducted a psychological study of Pasquale. It reflected that his communication, daily living and socialization skills were “low,” and that his full scale IQ was 57. The study reported that Pasquale “has been absent from school for the majority of this school year. Referrals to DCF ² and for homebound instruction have been made. Reasons given by Pasquale and his parents for this behavior [school avoidance] reach back to past years when he was reportedly in a number of physical altercations. This year at the very outset of school he reportedly was set upon by four older students, was threatened, and subsequently had apparently given up the idea of attending school under such circumstances.³ This last episode took place while his class was temporarily housed [at the Benjamin Franklin Educational Center]. It was very difficult to...