Professional Documents
Culture Documents
COMPLAINT
1. At all times mentioned herein, the plaintiff JOHN DOE1 was a minor, with a date
of birth of March 2, 1991. He has now reached the age of majority. He is a resident of the
2. At all times relevant to this Complaint, the defendant GROVE SCHOOL, INC.
175 Copse Road in Madison, Connecticut, that provided residential educational and
3. At all times relevant to this Complaint, ANDREW POLLAK, was the agent, servant
and employee of the defendant GROVE SCHOOL and was acting within the scope of his
employment.
1
To protect the plaintiff’s privacy, he is referred to as “John Doe.” An Ex Parte
Application to Proceed under a pseudonym has been filed.
1
4. At all times relevant to this Complaint, ROBERT BURGETT was the agent,
servant and employee of the defendant GROVE SCHOOL and was acting within the scope of
his employment.
5. At all times relevant to this Complaint, SEAN KURSAWE was the agent, servant
and employee of the defendant GROVE SCHOOL and was acting within the scope of his
employment.
6. Prior to August, 2008, the plaintiff had been diagnosed with a number of
deficit disorder, and had been hospitalized on at least three occasions for treatment of his
mental illnesses and related behavioral problems. He had expressed suicidal ideas on more
than one occasion. He had not attended school since February, 2008. The plaintiff was
7. Prior to August 20, 2008, the plaintiff applied for admission to the Grove School.
As part of the application process, the plaintiff and his parents submitted a written application
and provided the Grove School with psychiatric and hospital records documenting the
8. After reviewing the plaintiff’s medical, hospital, psychiatric and other records, the
Grove School determined that the plaintiff was appropriate for admission to its program, and
that it could adequately and safely provide for the plaintiff’s educational and psychiatric needs.
2
9. On or about August 20, 2008, the defendant notified the plaintiff and his parents
that the plaintiff had been admitted to the school for the 2008-09 school year with a start date
of September 11, 2008. As a condition of admission, the plaintiff and his parents were
10. The plaintiff and his parents agreed to the terms of admission offered by the
Grove School.
11. The tuition charged by the Grove School to the plaintiff and his parents was
12. Prior to September 11, 2008, the East Greenwich, Rhode Island, Board of
Education agreed to pay for the educational component of the tuition and fees charged by the
Grove School, and the plaintiff’s parents agreed to pay for the remainder of the fees and
13. On or about September 11, 2008, the plaintiff was admitted to the Grove School
14. During the first ten days of his attendance and residence at the Grove School,
the plaintiff had nine altercations with students and staff, and was observed by employees of
the school engaging in all of the following behaviors: threatening to kill himself and run away
from school; telling staff he was “stressed and overwhelmed,” cutting his arms, calling his
3
mother and threatening to kill himself if she did not come and remove him from the school and
talking about leaving the school if he had to repeat the tenth grade.
15. On September 21, 2008, ANDREW POLLAK was the Associate Director of the
16. On September 21, 2008, SEAN KURSAWE was the Assistant Principal of the
Gove School.
17. On September 21, 2008, ROBERT BURGETT was a teacher and Residential
18. When the plaintiff was admitted to the Grove School, a “New Admission” form
was completed which included an Intake Summary, Reason for Admission, Previous
Diagnoses, Medications and other information. The “New Admission” form also included a
section entitled “Special Procedures” that included the following: “Needs space to
decompress” and “very fragile.” According to the New Admission form, copies were provided
19. During the afternoon of September 21, 2008, a Sunday, the plaintiff became
agitated and began calling his parents, asking them to pick him up. He refused to go to dinner.
20. KURSAWE went to the plaintiff’s residence, the “Green Cottage,” because the
plaintiff was using the telephone without permission. He observed the plaintiff packing his
4
clothes and saying he was going to leave the school. He also heard the plaintiff tell his mother
that he was going to kill himself if she did not come and pick him up.
21. KURSAWE told the plaintiff that he would call the police if the plaintiff left, which
increased the plaintiff’s agitation. The plaintiff then left his room and went into a bathroom,
where he was able to lock himself inside, and continued to make phone calls to his parents.
22. BURGETT, who was also working that evening, demanded that the plaintiff give
23. At that time, the defendant had no trained security staff on the premises.
24. BURGETT and/or KURSAWE then called POLLAK, and reported that the
plaintiff was using another student’s cell phone to make calls to his parents.
25. At that time, POLLAK was the “on call” administrator and agreed to come to the
school.
26. When POLLAK arrived at the school, he was not provided with any of the
documentation possessed by the Grove School about the plaintiff’s specific psychiatric
diagnoses, behavioral history or the “special procedures” that were set forth in the plaintiff’s
27. However, POLLAK was asked to make an assessment of the plaintiff’s risk for
suicide.
5
28. When POLLAK arrived, the plaintiff was still in the bathroom. BURGETT told the
plaintiff that POLLAK was going to assess him for suicidality. The plaintiff then walked out of
the bathroom, cursed at POLLAK, went into his room and closed the door.
29. Rather than familiarizing himself with the plaintiff’s psychiatric and behavioral
history and specific treatment needs, POLLAK immediately began to forcibly open the door to
the plaintiff’s room. A physical confrontation ensued, in which both the plaintiff and POLLAK
sustained injuries.
the plaintiff.
31. As a direct result of the actions of POLLAK, BURGETT and KURSAWE, the
plaintiff sustained a black eye, broken blood vessels in his right eye, a bloody nose, and
32. At the direction of POLLAK, BURGETT or KURSAWE then called the Madison
Police Department and reported that the plaintiff had assaulted POLLAK.
33. Officers of the Madison Police Department responded to the Grove School and
arrested the plaintiff, charging him with assault in the third degree. The plaintiff was then
34. At all times relevant to this Complaint, the defendant had a duty to provide the
6
35. The defendant breached its duty to the plaintiff in one or more of the following
ways:
A. The defendant failed to properly hire, train and/or supervise its employees with
B. The defendant failed to properly hire, train and/or supervise its employees with
respect to the proper procedures for restraining individuals who pose a danger to
themselves or others;
recognize that the plaintiff’s behavior during the incident was a manifestation of
problem;
injuries;
E. The defendant failed to properly supervise the employees who were directly
F. The defendant failed to ensure that employees who were interacting with the
plaintiff on September 21, 2008, including POLLAK, were made aware of the
7
plaintiff’s psychiatric diagnoses and prior behavioral problems and the Special
G. The defendant failed to ensure that POLLAK , the “on call administrator,” had an
H. Prior to the time of the intervention by POLLAK that resulted in the plaintiff’s
I. During the entire incident on September 21, 2008, the defendant’s employees
psychiatric diagnoses and specific behavioral issues and the Special Procedures
K. Defendant failed to hire and employ security staff with specific training in Crisis
36. As a direct and proximate result of the actions and omissions of the defendant,
as described herein, the plaintiff suffered serious physical and emotional injuries, including
lacerations and bruises to his face, broken blood vessels in his eye, a bloody nose, bruises to
8
his body, Post-Traumatic Stress disorder, fear and anxiety, all of which have required the
1. - 33. Paragraphs 1 through 33 of the First Count are realleged and incorporated
34. At all times relevant to this Complaint, the defendant advertised and held itself
out to the public as a “therapeutic boarding school” that was able to competently and safely
address the educational, mental health and behavioral needs of adolescents with social and
emotional difficulties.
practices for safe and non-violent Crisis Intervention, including restraint when necessary.
36. At all times relevant to this Complaint, the defendant was engaged in commerce,
37. The defendant’s representations that it was able to provide safe and competent
problems, including appropriate and safe Crisis Intervention, were false and deceptive, in that
it failed to properly hire, train and/or supervise its employees in the proper procedures for
dealing with combative and/or agitated students, and that its employees lacked proper training
9
38. The defendant’s false and misleading representations constitute deceptive
39. As a direct result of the defendant’s unfair and deceptive practices, as described
herein, the plaintiff has suffered economic losses, including the cost of treatment for his
physical and psychological injuries, and the costs of hiring an attorney to represent him after
1. - 33. Paragraphs 1 through 33 of the First Count are realleged and incorporated here
34. On or after August 20, 2008, the defendant entered into an agreement with the
plaintiff and the plaintiff’s parents, that the defendant would provide residential educational
35. As part of its agreement with the plaintiff, the defendant agreed to follow
36. As described herein, the defendant breached its agreement with the plaintiff.
described herein, the plaintiff has suffered physical injuries, emotional injuries and economic
losses.
10
THE PLAINTIFF,
BY _________________________
DIANE POLAN
Law Offices of Attorney Diane Polan, LLC
129 Church Street, Suite 802
New Haven, CT 06510
Telephone: 203-865-5000
Facsimile: 203-865-2177
E-mail: diane.polan@polanlaw.net
Juris No. 100889
His Attorney
11
RETURN DATE: OCTOBER 26, 2010 : SUPERIOR COURT
: JUDICIAL DISTRICT OF NEW HAVEN
JOHN DOE, :
Plaintiff, : AT NEW HAVEN
:
:
VS. :
:
GROVE SCHOOL, INC. :
Defendant : SEPTEMBER 20, 2010
FIRST COUNT
1. Compensatory damages;
3. Such other and further relief as this Court determines to be fair and equitable.
SECOND COUNT
1. Compensatory damages;
2. Punitive damages;
4. Attorney Fees;
5. Such other and further relief as this Court determines to be fair and equitable.
12
THIRD COUNT
1. Compensatory damages;
3. Such other and further relief as this Court determines to be fair and equitable.
THE PLAINTIFF,
BY _________________________
DIANE POLAN
Law Offices of Attorney Diane Polan, LLC
129 Church Street, Suite 802
New Haven, CT 06510
Telephone: 203-865-5000
Facsimile: 203-865-2177
E-mail: diane.polan@polanlaw.net
Juris No. 100889
His Attorney
13
14