Jacob Garcia, 7, was allegedly ‘violently assaulted and battered with unnecessary and excessive force’ then restrained him with Velcro straps back at the school, according to court documents.
By Barbara Ross / NEW YORK DAILY NEWS Tuesday, April 23, 2013, 11:38 PM.
Bruises on the arm and wrist of Jacob Garcia, a student with learning disabilities at PS 140 who was restrained and taken to an emergency room April 22. A new lawsuit claims he was abused by the school’s principal.
Staff at a lower East Side school roughed up a 7-year-old special-needs student and falsely claimed he tried to commit suicide in a desperate attempt to cover up their own incompetence, a lawsuit claims.
A principal and security officer at Public School 140 on Ridge St. panicked after finding the boy, Jacob Garcia, a block away from the school standing in the street on May 15, court documents filed Monday claim
The principal and security officer, who are not named, “violently assaulted and battered (the child) with unnecessary and excessive force,” then restrained him with Velcro straps back at the school, according to court documents.
Photos showing bruises on the arm and wrist of Jacob Garcia. The school principal and security guard claimed the boy was trying to commit suicide, court documents claim.
Andrew Theodorakis/New York Daily News
They claimed the youngster was trying to commit suicide by standing in traffic, and called medics who hauled Jacob to Beth Israel Hospital, according to court filings. He was turned over that evening to his parents, Maria and Abduel Garcia.
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The whole ordeal was unnecessary, said the family’s lawyer, Adam Thompson. “This was a little kid who was trying to go home in the middle of the day,” said Thompson. “They let him leave the building. They dropped the ball. Then they tried to cover their own tracks.”
Thompson provided the Daily News photos that show hand-shaped bruises on the child’s arm.
PS 140 student Jacob Garcia, 7, was taken to ER after alleged suicide threat, though court papers claim he was abused.
Mark Bonifacio/New York Daily News
Thompson added Jacob wasn’t attempting suicide by car — he was merely trying to cross the street.
“There is a complete breakdown there. They obviously don’t know how to handle kids with special needs,” he said.
The family sued the city for $25 million for violating Jacob’s civil rights. They say the little boy now suffers from post-traumatic stress.
The lawsuit echoes criticism by Public Advocate Bill de Blasio and others that school administrators are too reliant on hospital emergency rooms when dealing with students with behavioral problems.
The city Law Department and Department of Education would not comment on the case.