Lawsuit claims Marion County teacher assaulted child with autism
FAIRMONT — Criminal charges against the person at the center of the lawsuit against the Marion County School Board alleging child assault stalled because police cannot find her.
The parents of an autistic child filed a lawsuit against the Marion County Board of Education on Thursday, alleging the school district covered up an incident where Teresa Sestito, a special needs teacher, assaulted a 7th grade student at West Fairmont Middle School on Aug. 25, 2023. The child has a nonverbal form of autism. The lawsuit alleges the Fairmont Police Department signed and filed a criminal complaint on Sept. 20, 2023.
'The police were just unable to find her,' City Communications Manager David Kirk said. 'They made multiple attempts to find her at her listed address and she was even one of the individuals the department sought out during the 'Spring Cleaning' arrests, but officers were unable to find her whereabouts.'
Kirk said Sestito was charged with felony battery and assault of a disabled child.
Sestito gave a statement to police on Sept. 1 while on leave from the school system. The criminal complaint was not present at either the Marion County Circuit Clerk or Magistrate Court offices. The lawsuit argues Sestito's actions fit the definition of a felony crime.
'Defendant Sestito has not been asked to answer her alleged crimes in criminal court,' the lawsuit states. 'That is, the criminal process/complaint seems to have stalled out, without a warrant or execution of the same, and without any sort of progress.'
The lawsuit states on Aug. 25, Sestito was working with the child when an incident occured. It's not clear what the incident was, but it caused Sestito to fly into rage and retaliate against the student. She threw a binder, a Microsoft Go, a notebook and a pen at the student before shoving the student to the ground, according to the suit.
'[The child] lay in a helpless and prone position on the hallway floor, for at least 30 seconds, and presumably much longer before camera footage turns off,' the suit states.
The principal of West Fairmont Middle sent Sestito home in lieu of an investigation. A Fairmont Police officer created a report on the date of the incident, and on Sept. 1, 2023 Sestito gave a statement to the police. The lawsuit characterizes the statement as self-serving. Police filed the report on Sept. 20, 2023.
However, the report never progressed from there.
Police never arrested Sestito for the assault. The lawsuit accuses Marion County Board of Education of doing little to nothing to investigate the incident despite informing Fairmont Police they would be provided with the results of an investigation, and moreover, never notified the child's parents of what happened.
The parents only became aware after the Department of Health and Human Resources contacted them about the investigation their agency was conducting. The suit states video footage of the assault wasn't properly preserved, and the school district only allowed the parents to view footage of the assault after the parents retained legal counsel, more than one year after the incident.
Minutes from a Sept. 18, 2023 board meeting show Sestito was suspended indefinitely. The suit states a press release from the Board confirmed Sestito's separation from employment. One year later, on Sept. 16, 2023, minutes show the Board approved Sestito's resignation. The lawsuit states it's not clear if she was fired, suspended or allowed to resign.
It's not clear if School Superintendent Donna Heston ever notified the Board of Education about the circumstances of the assault.
'I don't remember anything that she said to me about that in a direct way,' Board President George Boyles said.
Boyles began his tenure on the board in 2022. Heston declined to comment on ongoing litigation, and instead referred questions to attorney Susan Llewellyn Deniker of the Steptoe & Johnson law firm. Deniker did not return a phone call by press time.
The lawsuit charges the school district with negligence and recklessness, negligent hiring, training and supervision and retention, civil assault and battery, disability discrimination, intentional affliction of emotional distress and loss of filial consortium. The plaintiff asks for compensatory damages for future economic and noneconomic harm as well as for severe mental anguish and emotional distress.
Chirag Desai, the plaintiff's attorney, declined to comment.
The lawsuit accuses Marion County Schools of operating under a veil of secrecy. According to the lawsuit, the child's parents found bruises and cuts on their child prior to the incident that was caught on surveillance camera. The lawsuit points out that due to the child's inability to speak, and the Board's failure to investigate the full extent of Sestito's conduct, the truth regarding any additional instances may never be found out.
'The Marion County BOE's disingenuous response to the abuse incident reflects a system pattern of lack of the due care and protection of vulnerable, non-verbal special needs kids like [the child,]' the complaint states.... Plaintiffs hereby bring this civil action because sunlight is the best disinfectant, and these defendants must be held accountable for the harm caused to their family.'
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
29-04-2025
- Yahoo
Boy, 11, Died by Suicide After Alleged Bullying from Teacher. Two Years Later, His Parents Sue School Board for Negligence
Two years after an 11-year-old Louis Johnson III, 'LJ,' died by suicide, his parents are suing the school district he was in, alleging that his fifth-grade teacher bullied him, according to court documents obtained and reviewed by PEOPLE. LJ died by suicide on April 27, 2023. His parents, Tyka Johnson and Louis Johnson Jr., filed a wrongful death lawsuit against the Marion County School Board in Ocala, Fla., on Monday, April 21. They alleged that LJ's teacher, Donna White, bullied him and recruited other students to bully him. The lawsuit names her as Donna, but school records list her name as Dawn. White was a teacher at Legacy Elementary in parents alleged that White 'constantly, consistently and relentlessly publicly humiliated minor child [LJ] in front of his peers, calling him 'stupid' and ridiculing him in front of his classmates on several occasions over the span of months,' per the filing. Related: 8-Year-Old Boy Commits Suicide After Being Bullied at School They also claim that she would 'recruit other students to ridicule' LJ and urge them to agree with comments that LJ was "stupid" and "didn't know anything," according to the filing. The parents also claim they reported the bullying allegations to the school board. They alleged that the board was negligent, which caused LJ to suffer depression and anxiety and his death. On April 21, 2025, the parents demanded trial by jury 'as to all issues triable as a matter of right to a jury.' Related: Parents of 10-Year-Old Boy Who Died by Suicide After Being Bullied File Wrongful Death Lawsuit Against School District After LJ's death, his parents passed out 'Suicide Prevention' flyers at his school. The flyers included the allegations against White. Additionally, a June 2023 investigation into White's behavior was conducted, in which over 24 students — 12 of whom were White's students — alleged that White would sometimes make students cry and comment on students' grades in the classroom, per WCJB. Due to the investigation's findings, her contract was not renewed. LJ's family also created a GoFundMe after his death to help raise money for his medical and funeral expenses. 'He loved the beach, catching crabs, making TikTok recipes and was a huge advocate for the homeless,' read the description. 'He was a much loved son, brother, uncle and friend. For those of you who knew him, you were the lucky ones. He would light up any room with his infectious smile.' A representative for the Marion County School Board did not immediately respond to PEOPLE's request for more information on Monday. Lawyers for LJ's parents also did not immediately respond to PEOPLE's request for comment. If you or someone you know is considering suicide, please contact the 988 Suicide and Crisis Lifeline by dialing 988, text "STRENGTH" to the Crisis Text Line at 741741 or go to Read the original article on People
Yahoo
28-04-2025
- Yahoo
Boy, 10, died by suicide after his fifth-grade teacher bullied him, lawsuit says
A 10-year-old Florida boy died by suicide due to the relentless bullying and "humiliation" of his fifth-grade teacher, a new lawsuit alleges. Louis Johnson III, of Marion County in central Florida, killed himself in April 2023 after what the lawsuit describes as "months of bullying and public embarrassment" by his teacher Dawn White. Now his parents, Tyka Johnson and Louis Johnson, are accusing the Marion County School Board of negligently causing his death and are demanding at least $75,000 in damages, according to local broadcaster WCJB. An investigation by the district in July 2023 found that White had "chronically inflicted psychological distress on multiple students by verbally insulting, humiliating and embarrassing students, which created a hostile educational environment.' As a result, the district suspended White for five days, and did not renew her contract for the following year. But the Johnsons say that they had warned the school and the school board about White's behavior, to no avail. Louis Johnson 'felt like there was no escaping the incessant and daily public humiliation," alleges the complaint, which refers to White as Donna White. It claims that White engaged in an "open, notorious, and protected pattern of bullying by systematically and chronically inflicting hurt and/or physical distress" on the 10-year-old, including by "encouraging other students" to insult and "humiliate" him. The Independent has asked the Marion County School Board, and a lawyer who previously acted for White, for comment. Louis Johnson and his parents moved to Ocala, Florida from Virginia a few months before Johnson's death, according to the Ocala StarBanner. His parents told detectives that before that point he had been happy and had not suffered any behavioral problems, but that his grades and conduct had started to slip after they moved to Florida. In a GoFundMe page set up following his death, they described Johnson as "the youngest of four and so full of potential and promise,' saying that he loved going to the beach, catching crabs, and making recipes he had seen on TikTok. "For those of you who knew him, you were the lucky ones. He would light up any room with his infectious smile," they said. But at school, the lawsuit alleges, White constantly called Johnson "stupid," "ridiculed him in front of his classmates,' and "recruit[ed] other students" to join in the bullying, according to The Daily Mail. "I don't know why you're talking because you don't even know anything. You don't know nothing in this class. Isn't that right, kids?" White allegedly told Johnson at one point. The lawsuit further alleges that White's treatment caused Johnson to develop depression, anxiety, sleep problems, nightmares, and other manifestations of distress, ultimately leading to his death. In the aftermath, Johnson's parents spread flyers around the school with accusations against White. If you are based in the U.S. and you or someone you know needs mental health assistance right now, call the National Suicide Prevention Helpline at 1-800-273-TALK (8255). This is a free, confidential crisis hotline available 24 hours a day, seven days a week. If you are in another country, you can go to to find a helpline near you. If you are experiencing feelings of distress, or are struggling to cope, you can also speak to the Samaritans, in confidence, on 116 123 (UK and ROI), email jo@ or visit the Samaritans website to find details of your nearest branch.
New York Post
28-04-2025
- New York Post
Boy, 11, kills himself after months of bullying and ‘embarrassment' from his own teacher who called him ‘stupid': lawsuit
An 11-year-old Florida boy took his own life following relentless bullying by his school teacher who repeatedly called him 'stupid,' a disturbing new lawsuit alleges. Louis Johnson, 11, shot himself 'after enduring months of bullying and public embarrassment' from fifth-grade teacher Donna White, according to the lawsuit filed by his parents against the Marion County School Board on April 21. White, a former teacher at Legacy Elementary School in Ocala, called Johnson 'stupid' and said he 'didn't know anything,' and also recruited other students to bully him, according to the wrongful death lawsuit documents, as seen by WCBJ. Advertisement 'I don't know why you're talking because you don't even know anything. You don't know nothing in this class. Isn't that right, kids?' White told Johnson, the lawsuit alleged. 4 Florida schoolboy Louis Johnson, 11, took his own life after being 'bullied' by a teacher, a lawsuit alleges. GoFundMe Johnson's parents repeatedly reported White's actions to the school and the school board, but they did nothing, according to the lawsuit. Advertisement White's actions caused Johnson to suffer from depression and anxiety, culminating in him attempting to take his own life on April 27, 2023, as per the court documents. Johnson died two days later in the hospital from his injuries, according to the Marion County Sheriff's Office. Johnson's parents handed out suicide prevention fliers in the school following their son's death, laying out more allegations against White. 4 Johnson shot himself using his parents' gun, dying two days later of his injuries. GoFundMe Advertisement The lawsuit names the teacher as Donna White, but the flyer produced by Johnson's parents, as well as school district records, list her as Dawn White. White started working in the school district in 2009, where she taught at Legacy Elementary, moving to other schools before returning to Legacy for a second spell as a fourth-grade teacher between 2017 and 2021 and a third and final spell between 2022 and 2023, the Ocala Star Banner reported at the time. The family moved to Ocala, an hour outside of Orlando, from Virginia shortly before Johnson's death. Their son had no behavioral problems and had been happy until he moved to Florida, Detective Nick Sutliff, who interviewed the parents at the time, told the Ocala Star Banner. Advertisement 4 Following their son's death, Johnson's parents handed out 'suicide prevention' leaflets accusing the teacher of causing their son's suicide. GoFundMe The couple own firearms which they kept in a combination gun safe locked in their master bedroom and to which their son didn't know the code, Sutliff said. But on April 27, Johnson's father, Louis Johnson Jr., had taken his son to work with him on his food truck, and when they arrived home, he placed the handgun, a 9mm Ruger, on the counter. While he was outside checking that his truck had power, he heard a gunshot, and rushed back in to see his son bleeding and called 911, Sutliff said. More than two dozen students were interviewed about White's behavior for an investigative report in June 2023, as reported by WCJB at the time. 4 Legacy Elementary School in Ocala did not renew the teacher's contract following a 2023 investigation. Google Maps White would get furious when students got answers wrong and sometimes reduced them to tears, according to the report. White's 'verbally insulting, humiliating, and embarrassing students' inflicted psychological distress on her victims, the report concluded. Advertisement Marion County Public Schools did not renew White's contract following the investigation. The school board did not respond immediately to The Post's requests for comment.
