Federal lawsuit filed against Rapid City Area Schools

Published: Feb. 23, 2022 at 7:13 PM MST
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A Rapid City couple has filed a federal lawsuit against Rapid City Area Schools, the school board, Superintendent Dr. Lori Simon, the South Dakota Department of Education and a host of others.

In the suit, Dwayne Milne and Jaclynn Paul claim their eight year old son, who is diagnosed with autism, ADHD, insomnia and restless leg syndrome, was mistreated while he was a student at Knollwood Elementary in 2019.

The complaint claims the boy was tackled, assaulted and restrained by staff at the school. It says he was, at times, taken to a de-escalation area in a corner of a classroom at Knollwood that was walled off by three five-foot high dividers, which they said resembled a cattle pen. There are 18 counts in the lawsuit, ranging from excessive use of force, equal protection violation ... discrimination in violation of the Americans with Disabilities Act, common law assault and battery, to intentional infliction of emotional distress. The suit is seeking monetary damages in excess of $75,000. Rapid City Area Schools said they had no comment on the lawsuit.