Disabled Chesterfield girl’s case heading to court
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COURT RECORDS: • Mother's complaint • Judge's opinion |
A disabled Chesterfield County girl whose family claims she was abused by a teacher and an assistant deserves her day in court, two federal appeals court judges ruled this week.
The U.S. 4th Circuit Court of Appeals rejected a claim by the two educators, Wanda Moffett and Ann Minguzzi, along with the Chesterfield school system, that they have immunity from the lawsuit.
The case involves alleged mistreatment of a girl who could neither speak nor walk when she attended O.B. Gates Elementary School in the 2005-06 school year. She was 5 at the time.
The child's mother, referred to by the initials "H.F." in the court records to protect her daughter's privacy, claims she had grown concerned about daily seizures the girl suffered that year, as well as the school's hostile attitude toward her.
A tape recorder she secreted in her daughter's wheelchair allegedly captured Moffett, Minguzzi and others at the school telling the girl that she was "gross" and "had a face only a mother could love," and, "I'm ignoring you. I don't have to listen to you."
Neither woman works at O.B. Gates now, Principal Kasey Shane said.
County Attorney Steven L. Micas declined to comment when asked if Moffett and Minguzzi had been disciplined. Neither could be reached immediately for comment.
Micas said the county, which is representing the two educators, is considering appealing to the full court.
Judges M. Blane Michael and Roger L. Gregory ruled that the allegations in the lawsuit against the two school employees and the school were particularly disturbing because the girl's inability to speak meant she was unable to complain about her treatment.
They also found that "qualified immunity is intended to protect officials who make reasonable mistakes about the law. But the immunity simply does not extend protection to an official motivated by the kind of bad faith alleged here."
Judge Paul V. Neimeyer dissented, saying the other judges' ruling created law and leaves teachers exposed to legal claims in cases where they may have exercised poor judgment.
H.F. said her daughter's seizures have stopped since she removed her from school. She is home schooling the girl now.
Contact David Ress at (804) 649-6051 or
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Reader Reactions
Oh, and the reason that the RTD, Henrico Citizen, and others enable the abuse of students with special needs is due to their affiliations with the districts. If you did not know, one of the head hanchos at the RTD is the brother of the former superintendent of Henrico County, who not only neglected students, but lied to cover it up. I am sure that if you dig deep,you will find someone connected to Chesterfield in the RTD too. It is sad that adults think that it is ok to remain silent when children are being abused by other adults. Isn’t that what allows child molesters to get away with their abuse????
THANKS, CONCERNED!
The Coalition For Justice For Civil Rights is having a reception next Monday. This awesome civil rights organization if finally coming to central Virginia for situations just like these. See the invite below and be there for your children! Be sure to RSVP to them.
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Date: Jul 20, 2009
Time: 6:00 PM
Location: Tuckahoe Library Meeting Room, Henrico
It is with pleasure that The Coalition For Justice For Civil Rights, Virginia Branch 9, invites you to join us as we join the struggle for civil rights within the Metropolitan Richmond areas.
Fighting for Justice, Equality, and Civil Rights,
Dr. Curtis Brandon, President
The Coalition For Justice For Civil Rights, Virginia Branch 9
Thanks so much, The Truth!
I have given Lucas just a tip of the iceberg of our story! I have shared parts of our story with 2 media outlets but I have found RTD to sadly be an enabler of White Chalk Crime. When it comes to White Chalk Crime, teachers and parents are intimidated and bullied into silence and when reporters have spouses who work for the corrupt system, they are afraid to report. This is why there isn’t an outpouring and massive outcry against the abuse in the media. Plus parents are afraid because children are retaliated against, teachers are abused and prevented from ever getting another job. I have proof that Asp (oops, Asip) and his minions sabotaged my children’s education this year, denying them FAPE. There are many strategies used but pitting parents against teachers and vice versa is classic in White Chalk Crime. Divide and conquer so to detract from the real source of the corruption - the EducRAT$!!
All the problems in public education today are due to White Chalk Crime:
http://www.whitechalkcrime.com/
There is a Chesterfield example in this 600+ page tome!
Corrupt school systems, like Chesterfield County, are operating above the law, abusing teachers, children, and parents - and using our tax dollars to do so. They are “enabled” by elected officials, attorneys, judges, state DOEs, and media outlets.
Get involved to stop the abuse and blow the whistle!
Please share any accounts with Kandise Lucas at . I PROMISE YOU that your voices and that of your children that have been victimized by Mike Aislip, the Director of Special Education for Chesterfield County Public Schools, and those that lie, falsify, cover-up, and exploit children on with him, will not only be exposed, but will be held accountable by having their licenses revoked by the state of Virginia for abusing/neglecting students, then falsifying student records to cover it up. Believe me that you are not alone. The more parents that come forward, the greater the class action suit against them will be. And yes, we will hold Dr. Newsome and EVERY member of the school board accountable for turning a deaf ear and blind eye to the district’s most vulnerable children. Our weapon: the media, exposure, and the truth. CCPS’s “free to abuse children and families with special needs” card has expired as of NOW! I look forward to getting your stories out to the WORLD!
Concerned,
Both Mary and I are former Special Education teachers. I taught children with Autism and she was an LD teacher I believe, calm down.
Well said, Motherof2girls!
hmmm.. could it be that these “retired and former” sped teachers are really school officials, in cognito???
Come on, real O.B.Gates’ teachers, speak up!
avm, reading your comment reminds me that indeed “teaching children like YOU is a waste time and money”. Sadly, your school teachers failed to teach you to be human. Perhaps they tried and failed. Your statement sounds like statements you can read in Mein Kampf.
Concerned…You wrote assuming I did not read any of the other parts such as the Mother’s side or the Judge’s comments..I did read all of it and I would like to think the judicial system was as perfect as you think. But I know that articles in a news paper are often one sided and yes there are other facts still out there. People should not jump to conclusions based on only having part of the information. And many cases are swayed by the media and their interpretation of the information.
Mary,
You are exactly right, when I was employed at O.B. Gates, I NEVER once saw an inappropriate thing done in Mrs. Moffett’s classroom, now while I didn’t spend my entire day in her room. I did visit while the student in question was enrolled in her class. Mrs. Moffett was nothing but wonderful!
That’s funny Mary…I personally know this person and her child. I also know that she never took the bus to school. Her mother dropped her off and escorted her to her class and picked her up every day. They have never been to the bus loop. As mentioned in the article they were given the opportunity present their side and declined to make a comment.
As to you AVM: To compare these wonderful children to a dog is just about one of the worst things I have ever heard. God help you if something like this ever touches someone you love. Or to say it better, God help THEM. Basic human rights and decency seem to elude you. You would be better suited as a zoo keeper than a caregiver or teacher.
Mary,
This article is reporting that the case is going to court. This case will be decided in a court of law. The paper is not deciding the case. The court will decide based on the facts and evidence of the case. It might behoove you to read the mother’s complaint and the judge’s opinion. The mother has quite a bit of factual evidence, otherwise known as proof. Do you have any?
It is common sense that teachers who abuse students will not do so blatantly in front of other school staff. DUH! We are living in an age where there should be webcams mounted in every classroom and in every hallway in the school building.
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