The Cochran Firm Announces $10 Million Notice of Claim against City of New York and Education Department in Assault of Special-Needs Student by Teacher

Tuesday, February 10, 2015

Teacher Physically Attacked and Cursed at Student after Accusing Him of Cheating on a Test, Threatened Other Students If They Told Anyone Else of Incident

NEW YORK, NY (February 10, 2015) — Derek Sells, Managing Partner, The Cochran Firm, and Paul B. Weitz, Partner, The Cochran Firm and Founder/Managing Partner, Paul B. Weitz & Associates, have announced the filing of a $10 million notice of claim against the City of New York and the New York City Department of Education on behalf of a special-needs student who suffered injuries to his face and back by his teacher, who accused him of cheating on a test. They were joined by Giovanni Garrick, the student’s mother.

On January 23, at approximately 8:55 a.m., M.B., a 10-year-old special education student at P.S. 118 in St. Albans, New York, was confronted by his teacher, Alexander Perry, who said M.B. cheated on a test. When M.B. denied that he cheated, Mr. Perry proceeded to curse at him and punch him in the face and the back using a closed fist. A female teacher who was in the classroom with Mr. Perry and the students at the time pulled Mr. Perry off the student. He then threatened the students if they told anyone outside the classroom what happened.

In the notice of claim, Mr. Sells and Mr. Weitz are seeking money damages from the city and the Education Department for personal injuries and severe psychological damage. “The Department of Education failed in its duty to provide a safe learning environment to its most vulnerable students: those with special needs,” Mr. Sells said. “The Department knew or should have known about the long-term abusive tactics that this teacher utilized in disciplining these students and did not act to remedy the situation.”

“The Education Department did not take the proper steps in vetting Mr. Perry to see if he was fit to teach special-education students,” Mr. Weitz said. “As a result, the students, including the claimant, were put in danger by Mr. Perry’s cruel and brutal actions.”

For more information, call 212-553-9215.

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About The Cochran Firm

Founded by the late Johnnie Cochran more than 40 years ago, The Cochran Firm is one of the premier plaintiffs’ litigation law firms in the United States. The Cochran Firm has brought together some of the most highly-respected and experienced men and women in the legal field. Its attorneys have obtained significant verdicts and settlements in a number of noteworthy and high-profile cases, but work equally hard on every case they take. Practice areas include civil rights, police brutality, employment discrimination, personal injury, wrongful death, auto accidents, medical malpractice, and business fraud. For more information, call 212-553-9215.