Author Topic: Teenager in a RTC downs at Lakeside Park  (Read 10681 times)

0 Members and 1 Guest are viewing this topic.

Offline Oscar

  • Newbie
  • *
  • Posts: 1650
  • Karma: +4/-0
    • View Profile
    • Secret Prisons for Teens
Teenager in a RTC downs at Lakeside Park
« on: March 12, 2011, 03:38:02 AM »
We are talking about the Yes Academy near Mercer in Pennsylvania.

It seems that the counselors believed that he could swin while the local security questioned that. Unfortunately they put it into test and he downed.

For more info: Mom suing after son dies in summer drowning, by Jan Ransom, Phllly.com, February 5, 2011
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »

Offline Ursus

  • Newbie
  • *
  • Posts: 8989
  • Karma: +3/-0
    • View Profile
14-Year-Old Drowns At Mercer County Lake
« Reply #1 on: March 12, 2011, 10:25:41 AM »
Some earlier coverage, from shortly after the tragedy occurred:

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

WTAE.com · P I T T S B U R G H

14-Year-Old Drowns At Mercer County Lake
Coroner: Boy Was Swimming At Stoneboro Lake

POSTED: 10:34 pm EDT July 30, 2010
UPDATED: 12:12 am EDT July 31, 2010


MERCER COUNTY, Pa. -- A 14-year-old boy drowned Friday afternoon at Stoneboro Lake, according to the Mercer County coroner's office.

Deputy Coroner Robert Snyder said Carnez Boone, of Collingsdale, drowned while swimming at the lake at 1 p.m.

Boone was pronounced dead at UPMC Horizon hospital in Greenville at 2:11 p.m., Snyder said.

Snyder has ruled Boone's death accidental.


Copyright 2010 by ThePittsburghChannel.
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »
-------------- • -------------- • --------------

Offline Ursus

  • Newbie
  • *
  • Posts: 8989
  • Karma: +3/-0
    • View Profile
Eastern Pa. teen drowns in lake
« Reply #2 on: March 12, 2011, 10:30:40 AM »
An incomplete article (entire article accessible via pay-per-view means):

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

The Herald · Sharon, Pennsylvania
July 31, 2010

Eastern Pa. teen drowns in lake

By Monica Pryts
Herald Staff Writer


STONEBORO —

A Delaware County boy on a field trip at Stoneboro’s Lakeside Park Beach drowned Friday afternoon after he jumped off the diving board and had trouble resurfacing.

Carnez Boone, 14, of Collingdale, Pa., was pronounced dead at 2:11 p.m. at UPMC Horizon, Greenville, by Mercer County Deputy Coroner Robert L. Snyder.

For the rest of the story, please click here to buy a digital copy of today's Herald or read our print edition.


Copyright 2011 The Herald, Sharon, Pa.
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »
-------------- • -------------- • --------------

Offline Ursus

  • Newbie
  • *
  • Posts: 8989
  • Karma: +3/-0
    • View Profile
14-year-old boy drowns at Stoneboro Lake
« Reply #3 on: March 12, 2011, 10:45:36 AM »
An undated article, but probably from the same time period as the just posted previous two (30-31 July 2010); at any rate, within a week of Boone's drowning:

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

WFMJ.com
14-year-old boy drowns at Stoneboro Lake

MERCER COUNTY, Pennsylvania - A facility for troubled teens in Mercer county is mourning the loss of one of its students.

The Mercer County coroner is reporting that 14-year old Carnez Boone's died as the result of an accidental drowning.  It happened shortly before 1:00 p.m. on Friday at Stoneboro Lake.

Boone had jumped off of a high dive and, according to the Stoneboro Fire Department, had trouble surfacing after entering the water which was 12-feet deep.

Lifeguards managed to pull Boone from the water and tried to resuscitate him. He was transported to UPMC Greenville Hospital where he was pronounced dead.

Carnez Boone is from the Philadelphia area, but he was enrolled at the YES Academy for troubled teen males in Mercer.

Friday's drowning happened during a field trip from that facility. The executive director could not be reached for comment.


© Copyright 2000 - 2011 WorldNow and WFMJ.
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »
-------------- • -------------- • --------------

Offline Ursus

  • Newbie
  • *
  • Posts: 8989
  • Karma: +3/-0
    • View Profile
Carnez Boone, Jr. - R.I.P.
« Reply #4 on: March 12, 2011, 11:08:43 AM »
Carnez Boone's obituary... the best that I can make out ('till I can upgrade my Flash Player):


    The Philadelphia Tribune
    Friday, August 06, 2010

    Carnez Boone Jr., 14; fun-loving, good student

    Carnez Boone Jr., according to family members, was a very high-strung and outspoken young man who was known for his beautiful smile and his big bright eyes. He loved telling jokes to make people laugh. He died July 30, 2010. He was 14. The cause of death is under investigation. Boone was born on Sept. 29, 1995 to Okita Allen and Carnez Boone Sr. He accepted Christ at the Gospel Church in  August 2008. He attended New Life Church, where he was well liked and known for his love of music, with his Grandma Cookie. Boone attended Feltonville Elementary School. He received awards and medals for outstanding work in reading and math. He attended the Yes Academy and Mercer County High, where he achieved high academic scores. Boone was competitive and always tried his best to achieve his goals. He enjoyed all kinds of sports and could really dance. He...[/list]
    « Last Edit: December 31, 1969, 07:00:00 PM by Guest »
    -------------- • -------------- • --------------

    Offline Ursus

    • Newbie
    • *
    • Posts: 8989
    • Karma: +3/-0
      • View Profile
    14yo Boy Drowns at Stoneboro Lake, Messa & Associates...
    « Reply #5 on: March 12, 2011, 12:30:57 PM »
    From a short newsletter (2 p. PDF)* put out by the law firm representing the family:


    * [After copying out this post, I also found this same piece put out as a press release on the Messa & Associates website, titled Messa & Associates Retained in Tragic Drowning Case, dated August 12, 2010.]

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

    Volume 2, Issue 8 — August 2010

    14 year old Boy Drowns at Stoneboro Lake, Messa & Associates to Represent Family

    Messa & Associates has recently been retained to represent a Delaware County family whose 14 year-old son, Carnez Boone, tragically drowned at Stoneboro Lake during a YES Academy field trip.

    Boone was pressured to jump off of a high dive into the lake and had trouble swimming after entering the water which was 14 feet deep. Even though he was visibly scared, Boone was pressured by his school counselor to jump in. Lifeguards questioned the boy's ability to swim, but were told by the counselor that he would be fine.

    Boone finally gave in and jumped into the lake with his classmates. After he came to the surface, lifeguards noticed him struggling and assumed he was fighting with other boys. He then disappeared beneath the water.

    When he disappeared beneath the water, lifeguards attempted to rescue Boone, but were unable to find him. It was 12-15 minutes before he was pulled from the lake. When he was finally pulled from the water, attempts to resuscitate him were unsuccessful. Boone was transported to UPMC Greenville Hospital where he was pronounced dead.

    For more information, please contact Joseph L. Messa, Jr., Esquire at 1-877 MESSALAW or [email protected].
    « Last Edit: December 31, 1969, 07:00:00 PM by Guest »
    -------------- • -------------- • --------------

    Offline Pile of Dead Kids

    • Newbie
    • *
    • Posts: 760
    • Karma: +1/-0
      • View Profile
    Re: Teenager in a RTC downs at Lakeside Park
    « Reply #6 on: March 12, 2011, 01:11:11 PM »
    I can read the obituary just fine but it's written on a third-grade level and so shit-eating that I'm not about to repost it. It would have been better had it consisted of "Splash! Glub."

    One more waterlogged carcass for the Pile!
    « Last Edit: December 31, 1969, 07:00:00 PM by Guest »
    ...Sergey Blashchishen, James Shirey, Faith Finley, Katherine Rice, Ashlie Bunch, Brendan Blum, Caleb Jensen, Alex Cullinane, Rocco Magliozzi, Elisa Santry, Dillon Peak, Natalynndria Slim, Lenny Ortega, Angellika Arndt, Joey Aletriz, Martin Anderson, James White, Christening Garcia, Kasey Warner, Shirley Arciszewski, Linda Harris, Travis Parker, Omega Leach, Denis Maltez, Kevin Christie, Karlye Newman, Richard DeMaar, Alexis Richie, Shanice Nibbs, Levi Snyder, Natasha Newman, Gracie James, Michael Owens, Carlton Thomas, Taylor Mangham, Carnez Boone, Benjamin Lolley, Jessica Bradford's unnamed baby, Anthony Parker, Dysheka Streeter, Corey Foster, Joseph Winters, Bruce Staeger, Kenneth Barkley, Khalil Todd, Alec Lansing, Cristian Cuellar-Gonzales, Janaia Barnhart, a DRA victim who never even showed up in the news, and yet another unnamed girl at Summit School...

    Offline Ursus

    • Newbie
    • *
    • Posts: 8989
    • Karma: +3/-0
      • View Profile
    Family Suing School After Teen Drowns on Trip
    « Reply #7 on: March 13, 2011, 11:33:16 AM »
    Here's another short article from last summer, in tandem with the above press release from Messa & Associates.

    Fwiw, the pic appears to be the same one chosen to accompany Carnez Boone's obituary.

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

    NBC Philadelphia

    Family Suing School After Teen Drowns on Trip
    Mother claims the school knew her son couldn't swim, the school denies the notion

    First Published: Aug 12, 2010 8:19 PM EST
    Updated 9:30 PM EST, Thu, Aug 12, 2010




    A Delaware County family is demanding answers after their teenage son drowns during a school field trip.

    Carnez Boone, 14, of Collingdale was visiting the Stoneboro Lakeside Park Beach in Mercer County, N.J. with the Youth Educational Services Academy for troubled teens on July 30 when he slipped below the surface.

    Lifeguards managed to pull the teen from the lake and tried to resuscitate him, but it was too late.

    The boy's family says the school knew their son couldn't swim even after they assured them he was taught.

    "They told me that he was tested for swimming, but the owner told me they never tested any of the kids for swimming," Carnez's mother Okita Allen said. "That was their first visit at the lake."

    The school disputes their claim. In a statement released Thursday, the YES Academy said, in part:

    "Heroic measures were taken by our staff and the lifeguards and the patrons of the lake who helped to revive him but were unsuccessful."

    The Allen family is filing a lawsuit against the school and the lake.


    © 2011 NBCUniversal, Inc.
    « Last Edit: December 31, 1969, 07:00:00 PM by Guest »
    -------------- • -------------- • --------------

    Offline Ursus

    • Newbie
    • *
    • Posts: 8989
    • Karma: +3/-0
      • View Profile
    Comments: "Family Suing School After Teen Drowns on Trip"
    « Reply #8 on: March 14, 2011, 01:51:59 PM »
    I have a feeling that most of those commenting (below) have little or no clue as to what actually goes on in these places, not to mention how precious little control a parent has over these kinds of decisions once the contract has been signed...

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

    Comments left for the just above article, "Family Suing School After Teen Drowns on Trip" (Aug 12, 2010; NBC Philadelphia):


    BROWNBETTY · 4:36 AM, 8.13.10
      My heart goes out to this family, but I don't understand why they would let their son go on a trip to a lake if THEY knew he couldn't swim. Doesn't make much sense
    DR_EVIL99033 · 8:17 AM, 8.13.10
      If they knew he could not swim and he knew he could not swim then why was he in the water? Lady if you let you kid go to a lake knowing he can't swim it is not the lakes or the schools fault. Common freaking sense people!
    THE_BOBSTER · 10:47 AM, 8.13.10
      Not only is it African Rockfish season, but Ghetto Lottery season as well.
    RABBIT1057 · 11:59 AM, 8.13.10
      The mother says that the school assured her that the son was taught to swim. That's probably why she allowed him to go. Alot of children,regardless of race will venture into pools, lakes, oceans, that's why they have lifeguards. What were the lifeguards and school officials doing???


    © 2011 NBCUniversal, Inc.
    « Last Edit: December 31, 1969, 07:00:00 PM by Guest »
    -------------- • -------------- • --------------

    Offline Ursus

    • Newbie
    • *
    • Posts: 8989
    • Karma: +3/-0
      • View Profile
    Mom suing after son dies in summer drowning
    « Reply #9 on: March 17, 2011, 03:33:05 PM »
    Here's the article Oscar provided a link for in the OP, published approximately a month and a half ago:

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

    Posted on Sat, Feb. 5, 2011

    Mom suing after son dies in summer drowning

    By JAN RANSOM · Philadelphia Daily News
    [email protected]



    Okita Allen, with daughters Shamiya Boone (left) and Milen Allen, shows photos of her son, Carnez. SARAH J. GLOVER / Staff photographer

    CARNEZ BOONE would have been back home in Delaware County by now.

    But Boone, a 14-year-old Collingdale boy who had been sent to a residential treatment program in western Pennsylvania, disappeared in the murky water at Lakeside Park in Stoneboro last summer, drowning after having jumped off the high dive.

    Besides having to deal with Carnez's early death, his mother, Okita Allen, can't help but wonder what he was doing on the diving board in the first place.

    Carnez couldn't swim.

    According to a lawsuit Allen filed last week, school counselors pressured Carnez to jump off the high dive during a class trip with the YES Academy, a yearlong residential program for troubled teens.

    "My child is dead. There was no remorse, no compassion," said Allen, 38.

    The lawsuit, which seeks unspecified damages, names the academy, two counselors, the company that runs the lake and two lifeguards.

    A state investigation found that YES Academy did nothing wrong, and the executive director and owner of the program said that Carnez had told counselors that he could swim, and that he had gone to the YMCA at home.

    Carnez was a troubled kid. He had attention-deficit hyperactivity disorder and behavior problems. He once set his sister's hair on fire, his mother said.

    Finally, in June 2009, after Carnez was convicted on a conspiracy charge when his 16-year-old friend stole a car, a Delaware County Juvenile Court judge shipped him off to shape him up.

    He was to spend 14 months at YES Academy, a comprehensive treatment program in Mercer County for juvenile fire-starters, sex offenders and excessively aggressive youths. The 7,000-square-foot facility has recreational and educational programs, life-skills services and round-the-clock supervision.

    One sunny afternoon on July 30, the YES Academy took about 16 teenagers to Lakeside Park after they begged the school director to let them go swimming.

    Witnesses told Allen that a lifeguard questioned Carnez's ability to swim, but a counselor with the boy said that he was fine. YES Academy counselors urged him along, assuring the two lifeguards that Boone would be OK, the court documents allege.

    According to a witness account obtained by the Daily News, Carnez was playing at a nearby table with some friends when some of them urged him to go out to the high dive. Terrified, he went up and counselors also "encouraged/made" Carnez jump, according to the witness.

    The lake manager said that water depths vary - some areas have five feet of water, others can be 18 to 25 feet. Carnez was 6 feet 2 inches tall.

    A counselor told the teen he had to go off the diving board the first time, according to the witness account. Carnez successfully jumped and swam back to the ladder multiple times, according to the witness.

    But at one point the boys were unsupervised, and about 1 p.m. Carnez jumped in, but never came back up and "no one yelled help," according to the witness' account.

    "I yelled, 'Why would you have him come out here if he can't swim that well,' and the [counselor] responded with, 'He could swim,' " according to the witness account. "Then I yelled, 'Not well enough to be out here alone,' and then they didn't say anything else."

    The lifeguards didn't immediately help, the lawsuit alleges. Once Boone disappeared, the lifeguards and Gregory Buckel, a regular swimmer at the lake, tried to rescue him.

    According to the witness account, the counselors entered the water only after two lifeguards and several bystanders.

    Nearly 20 minutes later, Buckel located Carnez's body at the bottom of the lake. The lifeguards, both college students - identified in the suit as Kayla Marie Campbell and Benjamin Biers - tried to revive Carnez with CPR.

    "It's been really depressing and stressful," said Allen, who now attends therapy with her two daughters. "I try not to break down. He was just a happy-go-lucky kid."

    The executive director of YES Academy, Joseph Ferrainola, who was not at the lake when Carnez drowned, said he is depressed about the death of his student and that counselors did all they could.

    "He became a classic gentleman," Ferrainola said of Carnez's transformation at the school. "It was a bad accident."

    Ferrainola told the Daily News that the kids had been begging him to take them swimming.

    Carnez told counselors that he knew how to swim, Ferrainola said. Besides, he said, Carnez and the rest of the students had to demonstrate their ability to swim before going into the water.

    But it isn't clear where this demonstration was held. The school's website lists amenities such as an athletic field, basketball court and recreation room, but it does not appear the school has a swimming pool on campus.

    A patient report from the University of Pittsburgh Medical Center from the day of his death stated that Carnez was a nonswimmer. Ferrainola didn't respond to a request for a follow-up interview last night.

    Previously, Ferrainola denied that counselors pressured Carnez into jumping, adding that there's nothing to hide.

    "I wish we could have saved him," he said. "He was one of my favorites. I feel bad. I can't bring him back."

    Carnez's death was determined to be an accident, said James DiMaria, chief of Stoneboro Police. He said he had no evidence that anyone was negligent.

    Nancy, the mother of lifeguard Benjamin Bier, said this week that her son jumped in to save Boone.

    "He did the attempted rescue and CPR," Nancy said. "This was very hard for him. He took this very hard."

    Only two of at least five counselors present that day were named in the lawsuit, Michael Craco and Damien Ferrainola, the executive director's son. Philip Ehrlich, the president of YES Academy and Jean Greer Caufield, a shareholder in the Lakeside Park Company, were also named. The counselors couldn't be reached for comment.

    After an investigation, the state Department of Public Welfare's Office of Children, Youth and Families Division determined that the YES Academy "followed all of the appropriate guidelines and procedures for caring for the child," said department spokesman Michael Race. "It was just an unfortunate accident at a public swimming area. No wrongdoing or regulatory violations were found."

    The family's lawyer, Joseph Messa, said that the school, the lifeguards and the company that owns the lake - Lakeside Park Company - were negligent by failing to supervise, monitor and protect Carnez.

    Carnez suffered from ADHD and behavioral problems, but regardless, "The child's safety is the most important thing," Messa said.

    Carnez, who loved dancing, karate and shrimp, had been scheduled to return home in August, about a month after he died.

    "I was looking forward to him coming home," Allen said. "I just keep myself busy so I won't have to dwell on the fact that he is no longer here."


    Copyright 2011 Philly.com
    « Last Edit: December 31, 1969, 07:00:00 PM by Guest »
    -------------- • -------------- • --------------

    Offline Ursus

    • Newbie
    • *
    • Posts: 8989
    • Karma: +3/-0
      • View Profile
    Joe Messa, Client Speak about Carnez Boone Case
    « Reply #10 on: March 20, 2011, 11:17:04 PM »
    A more recent press release from Messa & Associates, P.C.. The article mentioned is the one posted just above.

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

    Joe Messa, Client Speak about Carnez Boone Case

    Philadelphia (February 11, 2011) — The Philadelphia Daily News spoke to Okita Allen, the mother of Carnez Boone, as well as Joseph L. Messa about the pending lawsuit filed after the 14-year-old teen drowned in a lake at Lakeside Park in Stoneboro last summer.

    Ms. Allen talked about how she has coped since the passing of her son and her lingering thoughts of why he was even on the diving board in the first place. She says she feels "there was no remorse, no compassion."

    In the article, Mr. Messa discussed how the school, lifeguards and Lakeside Park Company, the company that owns the lake, were negligent in protecting Boone.

    "The child's safety is the most important thing," he told the newspaper.

    For more information regarding this case, please contact Glorious Hightower at 215-568-3500 or [email protected].

    Click here to read the article.

    About Messa and Associates, P.C.

    Messa & Associates, P.C., represents individuals and their families in complex personal injury matters, including catastrophic injury, medical malpractice, product liability, motor vehicle accidents, fires and explosions. Our attorneys serve Pennsylvania clients throughout the state, including in Philadelphia and other surrounding communities in Montgomery County, Chester County, Delaware County, and Bucks County. Messa & Associates are also proud to serve New Jersey clients throughout the state as well as litigate selected cases throughout the country.
    « Last Edit: December 31, 1969, 07:00:00 PM by Guest »
    -------------- • -------------- • --------------

    Offline Ursus

    • Newbie
    • *
    • Posts: 8989
    • Karma: +3/-0
      • View Profile
    Mother of Drowned Son Sues
    « Reply #11 on: March 24, 2011, 12:56:09 AM »
    From a Houston Personal Injury law firm, which apparently has a blog roll of drowning related news on their website:

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

    Mother of Drowned Son Sues
    Posted By Houston Personal Injury Attorney

    Reports say the YES Academy is being sued by the mother of a son who drowned while attending a summer program.

    Carnez Boone, a 14-year-old Collingdale, PA boy who had been sent to a residential treatment program in western Pennsylvania, drowned in Stoneboro last summer after jumping off the high dive.

    Carnez's mother, Okita Allen, reportedly claims that school counselors pressured Carnez to jump off the high dive during a class trip with the YES Academy, a yearlong residential program for troubled teens. The Yes Program reportedly claims they did nothing wrong, pointing out that Carnez told counselors that he could swim - which was apparently not accurate.

    Carnez had attention-deficit hyperactivity disorder and behavior problems, reports say, and was recently convicted on a conspiracy charge for stealing a car. The Delaware County Juvenile Court judge had sentenced him to 14 months at YES Academy, a comprehensive treatment program in Mercer County for juvenile fire-starters, sex offenders and excessively aggressive youths, reports say.

    The facility reportedly questioned Carnez's ability to swim, but then provided him two lifeguards, assuring each other that Boone would be OK, according to reports.

    Water safety - and water rescue - come into sharper focus as swim season arrives. In the event of an accident, knowing your rights are critical. The Doan Law Firm P.C. has many hours of direct experience with water injury and drowning and can give advice on what to do if tragedy does strike. Contact the Doan Law Firm, P.C., led by Houston personal injury attorney Jimmy Doan, at 1 Riverway, Suite 2055, Houston, Texas 77056, (713) 869-4747 or (800) 910-FIRM.


    Categories: Drowning Accident , Wrongful Death
    Posted By Houston Personal Injury Attorney on February 19, 2011 11:38 am
    « Last Edit: December 31, 1969, 07:00:00 PM by Guest »
    -------------- • -------------- • --------------

    Offline Oscar

    • Newbie
    • *
    • Posts: 1650
    • Karma: +4/-0
      • View Profile
      • Secret Prisons for Teens
    Mother without good mother was denied justice after her son died
    « Reply #12 on: April 05, 2015, 03:02:21 AM »
    The mother of the boy who died was denied justice. She had no good lawyer at her side. She was properly poor and not good looking enough to be put on the frontpages of some newspapers crying so people could find sympathy for her.

    Quote
    Federal judge tosses civil rights suit filed by mother of teen who drowned (Delco Times)
    By Cindy Scharr, Delaware County Daily Times, March 24 2014

    A federal judge tossed a civil rights suit filed by the mother of a 13-year-old boy who drowned while on a field trip with YES Academy, a residential program for troubled teenagers.

    Okita Allen, the mother of Carnez Boone, filed a civil suit in U.S. District Court claiming the defendants, Youth Educational Services of Pennsylvania LLC, two related corporate entities and nine individuals associated with the academy violated her son’s constitutional rights under the eighth and 14th amendments. The lawsuit sought unspecified damages.

    In her order dated March 20, Senior U.S. District Judge Mary A. McLaughlin wrote that the plaintiff’s allegations against were not founded and dismissed the case with prejudice.

    “Indeed, the record clearly reflects this accident, while certainly tragic, was nothing more than an isolated incident.”

    Boone drowned on July 30, 2010, while on a trip to Lakeside Park in Stoneboro in western Pennsylvania with several other residents of YES Academy.

    According to court records, he was adjudicated by the Delaware County Juvenile Court and referred to YES Academy by the Delaware County Juvenile Probation Office. YES Academy is a certified residential juvenile treatment facility located in Mercer County.

    Allen claimed her son was unable to swim and had not been tested as to his swimming ability prior to the trip.

    According to court documents, at about 12:45 p.m., Boone jumped into the lake and did not resurface. The YES counselors and lifeguards at the lake had difficulty finding the boy. He was eventually located, placed on the dock where efforts were made to revive him, according to court documents. Boone was transported to the University of Pittsburgh Medical Center, where he was pronounced dead at 2:11 a.m.

    Allen filed three complaints, an original and two amended complaints. The most recent amendment was in response to the court’s dismissal of the first amended complaint.

    Allen alleged that the defendants’ actions caused her son’s death. She claimed Boone’s death is attributable to the defendants’ policies of taking “residents swimming without first testing or evaluating their swimming abilities.”

    However, the judge wrote, “notwithstanding the factual errors” made by the plaintiff, she fails to connect any of the alleged failures or omissions to any actual policy or custom maintained by the defendants with “deliberate indifference” to the rights of Boone and other residents.

    The court declined to allow the plaintiff to file a third amended complaint because it would be “futile.”

    McLaughlin noted the plaintiff has been consistently unable, either in her written pleadings or at oral argument, and even after a period of discovery, to identify a policy or custom that would support that the defendants are liable for the death of Carnez Boone.