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New Haven Register

Man sues Grove School over injuries (http://http://www.nhregister.com/articles/2011/01/17/bb1_mon_masuitjohndoe_doc011711.txt)

Published: Monday, January 17, 2011
By Alexandra Sanders, Register Staff
asanders@nhregister.com

MADISON — A Rhode Island man has filed a lawsuit, alleging the Grove School used improper restraint procedures during an altercation.

The man, identified as John Doe to protect his identity, was arrested in September 2008 on a third-degree assault charge after staff at the private therapeutic boarding school for adolescents with emotional and social problems, tried to restrain him. The charge has since been dismissed, but now the lawsuit says he is suing the school after sustaining multiple injuries, including a black eye, ruptured blood vessels, a bloody nose and bruises on his face and arms.

"He was there because they supposedly knew how to take care of him," Doe's attorney, Diane Polan of New Haven, said recently. "Kids admitted (to the Grove School) are not supposed to end up looking the way my client looked."

On Friday, Grove School Director Richard Chorney would not specify the restraint procedures used in the school.

"People are obviously trained as they would be in every hospital or school," said Chorney. "It is not something we have very much of at all, if and when it does happen. I believe that anything that is developed is going to end up being spurious."

According to the lawsuit, prior to 2008, when Doe, 19, began attending the Grove School, he had been diagnosed with bipolar disorder, obsessive compulsive disorder and attention deficit disorder, and had been hospitalized three times for treatment of those issues. Doe had not attended school for six months before he enrolled at the Grove School and, during that time, he had expressed suicidal thoughts.

His parents had given the Grove School staff paperwork detailing his mental illness and behavioral issues and noted in a "Special Procedures" section that he "needs space to decompress" and he is "very fragile."

Copies of the information were given to two of three staff members listed in the lawsuit, Sean Kursawe, the assistant principal; and Robert Burgett, a teacher and part of the Residential Behavioral Management program. Andrew Pollack, associate director of the school, was not given the information, according to the lawsuit.

According to the lawsuit, during the first 10 days of Doe's residence at the school, he had nine altercations with students and staff, he threatened to kill himself and run away from school, he cut his arms and he told the staff he was "stressed and overwhelmed."

Around the 10th day, Doe became agitated, called his parents and asked them to pick him up, while he was packing his bags. Kursawe heard Doe on the phone with his mother threatening to kill himself if she did not pick him up and Kursawe said he would call the police if Doe left the school, which prompted him to lock himself in the bathroom, according to the lawsuit.

"They are supposed to de-escalate the situation, not escalate it," said Polan. "The school holds itself out as saying that this is what their employees are trained to do. Every kid there has behavioral or psychiatric problems and they hold themselves out as a professional school that provides holistic treatments."

The lawsuit states that at the time of the incident, there were no trained security staff members on the premises.

When Pollack, the "on-call" administrator at the time, arrived at the Green Cottage, where Doe was staying, he left the bathroom, cursed at Pollack and went into his bedroom.

"The staff pushed the door to his room open instead of following the restraint procedures they were taught and went berserk," said Polan. "(Pollack) didn't read the file and he didn’t know anything about the child’s issues so things went from bad to worse."

During the incident, Pollack and Doe both sustained injuries.

"They punched him in the eye," said Polan. "I acknowledge that people need to be restrained, but people have to be trained in dealing with psychiatric patients and they aren't supposed to be punished for having those symptoms."

All three men are still listed as staff members on the Grove School website.

"It was obviously mishandled and I think it is really shocking that a child with psychiatric disabilities goes to a private residential treatment facility and ends up with the injuries he sustained," said Polan.

According to the Crisis Prevention Institute, an international organization that offers safe behavior management method training, nonviolent crisis intervention involves reducing the risk of injury, complying with legislative standards, minimizing exposure to liability and promoting care, welfare, safety and security.

Doe filed a separate lawsuit against the town of Madison when he was 17, after the arrest, when his name was released on an adult arrest log. That suit is pending.

Contact Alexandra Sanders at 203-789-5714. Follow us on Twitter @nhregister.

© Copyright 2011 New Haven Register, a Journal Register Property & part
of Journal Register CT

...the lawsuit says he is suing the school after sustaining multiple injuries, including a black eye, ruptured blood vessels, a bloody nose and bruises on his face and arms.

"He was there because they supposedly knew how to take care of him," Doe's attorney, Diane Polan of New Haven, said recently. "Kids admitted (to the Grove School) are not supposed to end up looking the way my client looked."[/list][/size]
Link to photo (http://http://www.nhregister.com/content/articles/2011/01/17/news/shoreline/bb1_mon_masuitjohndoe_doc011611.jpg) of eye injury.

Comments (http://http://www.nhregister.com/articles/2011/01/17/news/shoreline/bb1_mon_masuitjohndoe_doc011611.txt?viewmode=comments) left for the above article, "Man sues Grove School over injuries (http://http://www.fornits.com/phpbb/viewtopic.php?f=49&t=37658#p403498)" (by Alexandra Sanders; Jan. 17, 2011; New Haven Register), #s 1-20:

HR wrote on Jan 17, 2011 4:43 AM:

The Town of Madison has an opening for a Human Resource Manager. He's sounds like a better choice than the person they have now.So put the kid in jail now wrote on Jan 17, 2011 5:59 AM:

kma wrote on Jan 17, 2011 8:54 AM:

Based on the information in the story one must wonder if the gentleman is competent enough to understand what he is suing the school for. Or is he being used by some skmbg attorney to make money? One would think that the incompetency excuse/justification could be sued both ways.TheVolleyballGod wrote on Jan 17, 2011 10:17 AM:

Sounds like sour grapes to me by a clown that took a good old fashioned punch to the facesarah wrote on Jan 17, 2011 10:55 AM:

Wake Up wrote on Jan 17, 2011 10:58 AM:

You can't have it both ways. If we expect facilities to accept and try to treat potentially violent patients, we have to also accept the possibility of collateral injuries to them if they attack staff or other patients or try to kill themselves. Pollak got injured, too, but they apparently showed restraint and didn't beat this kid up so badly that he needed medical care. I feel badly for the named defendants- they probably wish that this was one of the kids DCF shipped out-of-state.Huh wrote on Jan 17, 2011 12:55 PM:

How can he sue the town? Grove is a private school and unaffiliated with the public schools or the BoE...and the incident happened on Grove School grounds, not on public property.Shoreline High School Teacher wrote on Jan 17, 2011 3:02 PM:

Grove School staff are trained in how to properly handle students who demonstrate out of control and/or suicidal behavior. Mr. Pollack is a professional, well-trained clinician who has been serving students with severe behavioral problems for his entire career. There should be no lawsuit at all, this child must have been completely out of control in order for the staff to have to restrain him, as that is the rationale for restraint - the child poses a threat to self or others. In reading this boy's history, he is clearly showing he has been a threat throughout his 10 days at Grove. Fighting with peers is not allowed on the Grove Campus and I hope this lawsuit does not taint the reputation of a therapeutic school that has helped thousands of troubled students for 75 years. Obviously, the staff know what they are doing. They do a tremendous job and I would recommend any teenager to that program, even my own child.Reply to huh wrote on Jan 17, 2011 3:23 PM:

Nonsense wrote on Jan 17, 2011 3:38 PM:

Just an obvious attempt to Obtain money with no case. The boy is suicidal and the school intervenes as they should. You do not allow decompression time whe someone threatens suicide...you manage the issue! Scrapes and bruises occur in restraints. Just the way it goes. The staff are heroes for intervening and the fact that this makes headlines is sad. This is just not newsworthy. Feel bad for a really great program.Bill wrote on Jan 17, 2011 4:23 PM:

I hope Grove School prevails in this. The kid was obviously a risk to himself and society at large. What were they supposed to do - let him kill himself? Turn into another Jared Loughner? His rich parents would be smart to spend their money on something that mattered and not against people that tried to do what was right for their son.concerned parent wrote on Jan 17, 2011 6:36 PM:

This is ridiculous. There obviously was a reason he was in that school in the 1st place His parents should take responsibilty of their own son and his actions. I've been very concerned for a long time due to this schools proximity to one of our elementary schools and wish the town will eventually close it and send them somewhere else.I hope the citizens of Madison will back me up since it will be their tax dollars given to this troubled youths parents for not doing THEIR JOB !!! As a parent of 5 don't talk to me about their issues I've been there and done that. No kid is a perfect angel. We'll see what happens.Grove School Alumn wrote on Jan 17, 2011 7:56 PM:

Reading this actually terrified me. I graduated in the summer of '07, and when I left the school after my post-grad year in January '08, Burgett, Pollack, nor Kursawe seemed capable of becoming violent. I interacted with the three of them every day for almost two years. This just seems really strange to me.diag wrote on Jan 18, 2011 8:19 PM:

Lori wrote on Jan 22, 2011 6:36 AM:

This is a case of a clearly troubled adolescent against the word of an adult. Unless there is a credible witness to come forward, this lawsuit cannot be proven either way. However, comparing the records of both parties to show whether in the past incidents of any abuse or violent behavior exists on either side should provide valuable information. Injuries described can happen when trying to restrain a person when self defense becomes necessary.current grove parent wrote on Jan 22, 2011 8:33 PM:

Grove is an excellent school that has helped our child turn his whole life around. It has a wonderful and dedicated staff to whom we feel greatly indebted. I sincerely hope this ridiculous lawsuit will not taint the reputation of a first-rate school. wrote on Jan 23, 2011 9:30 AM:

You can't pick your parents!Preston A. Leschins wrote on Jan 26, 2011 4:45 PM:

Me wrote on Feb 19, 2011 10:20 AM:

Why have my last three comments not shown up?Josepth wrote on Mar 26, 2011 10:06 PM:

Comments (http://http://www.nhregister.com/articles/2011/01/17/news/shoreline/bb1_mon_masuitjohndoe_doc011611.txt?viewmode=comments) left for the above article, "Man sues Grove School over injuries (http://http://www.fornits.com/phpbb/viewtopic.php?f=49&t=37658#p403498)" (by Alexandra Sanders; Jan. 17, 2011; New Haven Register), #s 21-22:

Grove student wrote on Apr 4, 2011 4:47 PM:

I attended Grove wrote on May 10, 2011 11:16 PM:

I think this is all nonsense. I have worked closely with all 3 staff members on a daily basis during my time at Grove. I never met anyone as caring like these three men. I swear if anything happens, I will not be happy.

© Copyright 2011 New Haven Register, a Journal Register Property & part of Journal Register CT

.

Quote from: "Wayne Kernochan"

The commentors are douchebags

Some are, and some still have the wool firmly pulled over their ears and eyes. I suspect that Chorney has deeply ingrained himself into the fabric of local business and politics by now.

From the above article:

MADISON — A Rhode Island man has filed a lawsuit, alleging the Grove School used improper restraint procedures during an altercation.[/list][/size]
Here's the text of the Complaint and Prayer For Relief from that lawsuit:
link (http://http://www.nhregister.com/articles/2011/01/17/news/shoreline/bb1_mon_masuitjohndoe_doc011611.txt?viewmode=3)
-------------- • -------------- • --------------

John Doe vs. Grove School (http://http://www.scribd.com/doc/47010102/John-Doe-vs-Grove-School)

RETURN DATE: OCTOBER 26, 2010

JOHN DOE,

Plaintiff,[/list]
VS.

GROVE SCHOOL, INC.

Defendant[/list]

SUPERIOR COURT
JUDICIAL DISTRICT OF NEW HAVEN

AT NEW HAVEN

SEPTEMBER 20, 2010

C O M P L A I N T[/list]

FIRST COUNT (NEGLIGENCE)

1. At all times mentioned herein, the plaintiff JOHN DOE (1) 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 Town of East Greenwich, Rhode Island.

(1) To protect the plaintiff's privacy, he is referred to as "John Doe." An Ex Parte Application to Proceed under a pseudonym had been filed.[/list][/size]
2. At all times relevant to this Complaint, the defendant GROVE SCHOOL, INC. was a Connecticut Corporation operating a private "therapeutic boarding school" located at 175 Copse Road in Madison, Connecticut, that provided residential educational and psychiatric services to adolescents with social and emotional difficulties.

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.

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 psychiatric illnesses, including bipolar disorder, obsessive compulsive disorder, attention 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 taking a number of prescribed medications for his psychiatric illnesses.

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 plaintiff's psychiatric impairments and behavioral problems.

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.

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 2008-2009 school year with a start date of September 11, 2008. As a condition of admission, the plaintiff and his parents were required to make a commitment for a minimum of 24 months.

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 $7800.00 per month.

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 expenses for his attendance.

13. On or about September 11, 2008, the plaintiff was admitted to the Grove School and began participating in its mental health and educational programs.

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 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 behavioral management program at the Grove School.

16. On September 21, 2008, SEAN KURSAWE was the Assistant Principal of the Grove School.

17. On September 21, 2008, ROBERT BURGETT was a teacher and Residential Administrator at the Grove School.

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 to KURSAWE and BURGETT but not to POLLAK.

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 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 him the cell phone.

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 New Admission report.

27. However, POLLAK was asked to make an assessment of the plaintiff's risk for suicide.

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.

30. POLLAK, BURGETT and KURSAWE participated in assaulting and restraining 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 bruises to his cheek, face and arms.

32. At the direction of POLLAK, BURGETT or KURSAWE, the 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 transported to Yale-New Haven Hospital by the police officers.

34. At all times relevant to this Complaint, the defendant had a duty to provide the plaintiff with an appropriate and safe therapeutic residential treatment program.

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 respect to proper and appropriate Crisis Prevention Intervention techniques;

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;

C. The defendant failed to properly train and/or supervise its employees to recognize that the plaintiff's behavior during the incident was a manifestation of his underlying mental illness and should be addressed as a mental health problem;

D. The defendant failed to provide appropriate and adequate supervision of the plaintiff immediately prior to the intervention by POLLAK that resulted in plaintiff's injuries;

E. The defendant failed to properly supervise the employees who were directly responsible for the plaintiff's care immediately prior to the intervention by POLLAK that resulted in plaintiff's injuries;

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 plaintiff's psychiatric diagnoses and prior behavioral problems and the Special Procedures that were required in his New Admission Report;

G. The defendant failed to ensure that POLLAK, the "on call administrator," had an up-to-date certification in Non-Violent Crisis Intervention;

H. Prior to the time of the intervention by POLLAK that resulted in the plaintiff's injuries, KURSAWE and/or BURGETT failed to defuse and de-escalate the situation with the plaintiff in accordance with accepted Non-Violent Crisis intervention techniques and standards;

I. During the entire incident on September 21, 2008, the defendant's employees failed to follow the defendant's written Crisis Intervention Policy;

J. BURGETT and/or KURSAWE failed to properly advise POLLAK of the plaintiff's psychiatric diagnoses and specific behavioral issues and the Special Procedures that were mandated by the New Admission report;

K. Defendant failed to hire and employ security staff with specific training in Crisis Intervention techniques and standards.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 his body, Post-Traumatic Stress disorder, fear and anxiety, all of which have required the plaintiff to undergo treatment, all to his economic loss.

SECOND COUNT (CUTPA VIOLATIONS)

1. - 33. Paragraphs 1 through 33 of the First Count are realleged and incorporated here as Paragraphs 1 through 33 of the Second Count.

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.

35. As a therapeutic boarding school, the defendant is required to follow accepted 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, as defined by Conn. Gen. Stat. §42-110a, et seq. (hereinafter "CUTPA").

37. The defendant's representations that it was able to provide safe and competent residential treatment services to adolescents suffering from psychiatric and behavioral 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 agitated students, and that its employees lacked proper training in Crisis Intervention and restraint procedures.

38. The defendant's false and misleading representations constitute deceptive practices, as defined by CUTPA.

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 he was arrested on September 21, 2008.

THIRD COUNT (BREACH OF CONTRACT)

1. - 33. Paragraphs 1 through 33 of the First Count are realleged and incorporated here as Paragraphs 1 through 33 of the Third Count.

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 and psychiatric services to the plaintiff, at a cost of $7,800.00 per month.

35. As part of its agreement with the plaintiff, the defendant agreed to follow accepted standards and practices for non-violent Crisis Intervention.

36. As described herein, the defendant breached its agreement with the plaintiff.

37. As a direct and proximate result of the defendant's breach of contract, as described herein, the plaintiff has suffered physical injuries, emotional injuries and economic losses.

diane.polan@polanlaw.net (http://mailto:diane.polan@polanlaw.net)
Juris No. 100889
His Attorney[/list][/list]

# # #

One of the commentors (http://http://www.fornits.com/phpbb/viewtopic.php?f=49&t=37658#p403502) on the above article (http://http://www.fornits.com/phpbb/viewtopic.php?f=49&t=37658#p403498) saw fit to resubmit his thoughts in the form of a Letter to the Editor:

-------------- • -------------- • --------------

New Haven Register

LETTER: Lawsuit against Madison school 'a great injustice' (http://http://www.nhregister.com/articles/2011/02/07/opinion/doc4d4f816639fda724735331.txt)

Published: Monday, February 07, 2011
Submitted by Preston A. Leschins

The article about a lawsuit pending against The Grove School in Madison does a great injustice to the school, its wonderful, professional and caring staff and all its students, including my 17-year-old son.

The young man who was allegedly restrained and suffered an injury as a result of an altercation admittedly had behavioral problems. Perhaps, The Grove School was not the right school for him. There are many other residential therapeutic boarding schools for students who have such problems.

Our experience at The Grove School and the experience of everyone we have ever spoken to has been the opposite.

The Grove School is a place where adolescents who have social and emotional problems that interfere with their academic performance or relationships can go to get help they need while pursuing a high school education and the opportunity to go to college.

If our son has told us anything about his experience at The Grove School, it is that he feels safe there, physically, emotionally, socially and academically. What more can parents with an adolescent who is experiencing social and emotional problems want?

More importantly, we know of at least one situation where an adolescent with social and emotional problems was refused admission to The Grove School because of his history of behavioral problems — even though his parents came to The Grove School with tuition in hand. That's integrity.

An article that reports the thousands of success stories and miracles that have occurred because of the efforts of The Grove School over the past 75 years would be much more newsworthy than a story about an isolated, questionable incident.

© Copyright 2011 New Haven Register, a Journal Register Property & part of Journal Register CT

Comments (http://http://www.nhregister.com/articles/2011/02/07/opinion/doc4d4f816639fda724735331.txt?viewmode=comments) left for the above Letter to the Editor, "Lawsuit against Madison school 'a great injustice' (http://http://www.fornits.com/phpbb/viewtopic.php?f=49&t=37658&p=403608#p403607) " (by Preston A. Leschins; Feb. 07, 2011; New Haven Register):

Lawyers wrote on Feb 7, 2011 8:11 AM:

to Lawyers wrote on Feb 7, 2011 12:05 PM:

Fornits

Treatment Abuse, Behavior Modification, Thought Reform => News Items => Topic started by: Ursus on August 15, 2011, 03:29:21 PM