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Ursus:
New Haven Register

Man sues Grove School over injuries

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

Ursus:
...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 of eye injury.

Ursus:
Comments left for the above article, "Man sues Grove School over injuries" (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:
Maybe he'll enjoy jail more.

Anything for a buck.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:
I've worked in many of the area homes and "schools" for young people with psychiatric and behavioral problems.
If every staff member who ever sustained a black eye or broken bone
while caring for these clients sued, it would be a different story. Staff members are just cannon fodder who are encouraged never to "rock the boat."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:
You need to read the ENTIRE article, the answer is right here: "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."

He is suing the town b/c they released his name, when he was still a juvenile. Another stupid lawsuit.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:
In attending one such school, I have expierienced many such 'restraints', and even helped out when there was not a staff member available at the time. Obviously I do not know the student's psychiatric state, but I have known students who sound similar to "Mr. Doe". What I'm saying is that it honestly should not be so hard to restrain a student when

a. there are 3 staff members present
b. the staff members outweigh the student
c. the staff members have proper training

Even without training, it's not That hard to figure out.

This whole case is just messed up.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:
We read with great interest your January 17th article about a lawsuit pending against The Grove School in Madison, CT. Unfortunately, this article does a great injustice to The Grove School, its wonderful, professional and caring staff and all of its students (including our own 17 year old son who previously attended a well known and highly respected private school in Manhattan).

The young man in the article 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. Indeed, there are many other residential therapeutic boarding schools for students who have
such behavioral problems. Our experience at The Grove School (and without exception the experience of everyone that we have ever spoken to –
including families of students who are currently enrolled at The Grove School as well as families of students who have already graduated from The Grove
School) has been completely the opposite.

Exactly as it purports to be, The Grove School is a place where adolescents who have social and emotional problems that interfere with their academic performance or relationships at home can go to get the help that they need while still 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. Safe
physically, safe emotionally, safe socially and safe 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 another 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. Now, that's integrity.



Those of us who have been unlucky enough to walk down this path see things a little differently. We appreciate that there IS a place such
as The Grove School to help our teenagers and to address their mental health issues before they can do any harm to themselves or to others.

An article that reports the thousands of success stories and miracles that have occurred as a result of the efforts of The Grove School over the
past 75 years would be much more newsworthy than a story about an isolated and questionable incident the litigious source of which has an
obvious motive.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:
I would like to address this issue because I have had firsthand experience with the Grove School as I was a student. Before you immediately discard my response you should first take into account that I have been a stable and efficient student for many years though I may have not been when I arrived at the Grove School. It is also important to understand that when I say I have “firsthand” experience with Grove I do not mean to imply that I have been restrained myself because I certainly have not. Information that I will state in this response is legitimate and is not poisoned by any personal bias that I may or may not have.
The act of students being restrained at The Grove School is uncommon today and has been for the last few years. Due to the person becoming a liability Grove tries not to accept students who are belligerent. Unfortunately they do this very poorly. I believe that it is contradictory for a program to claim they don't accept students with "conduct disorder" or "aggressive tendencies" when the admissions process is so indiscriminate and vague that the campus is actually inundated with such students. I know that this is the case because not only have I known dozens of students who fit this description but I have personally undergone the admissions process. I did not fit the typical category of "Asperger's Syndrome", "Obsessive Compulsive Disorder", "Tourette's Syndrome" or most other psychological disorders Grove supposedly treats. I also did not suffer from any learning disabilities. What I did have a record of is mild drug use, defiance towards authority, and two isolated incidents of peer aggression (both before age 16). Those are three things that Grove clearly states they do not accept yet I was accepted with minimal investigation. If students are not evaluated thoroughly then The Grove School faculty may not be qualified to handle them. Sometimes that can result in improper restraint methods, sometimes which can result in injury.
Despite my personal experience I believe "Mr. Doe" will not have a strong case. Staffs in any civil institution are instructed to do the restraint process as effectively as they can in a way that minimizes injury. It simply would not benefit the employee to intentionally cause the student harm. Now if Mr. Doe was in such a state of crisis that he needed to be physically restrained he very well may have caused injury to someone else. I do not know enough about the particular situation to judge whether Mr. Doe was being restrained in the permitted "basket weave restraint", however based on my experience of being an innocent bystander to so many similar unpleasant scenarios I would assume he probably was not. None the less if I am correct a small technicality like this would probably be rendered insignificant in court, especially due the fact that Mr. Doe and his family have been attempting to sue many other facilities in a similar manner and have been failing pathetically.
This is a hard situation to accurately interpret. I thought that having the perspective of a stable successful Grove School graduate may be beneficial to some. If you’ve read my entire response without assuming I am an ingrate or head case I thank you greatly for your time. If not I would recommend reading it again as if I were any other high school graduate and then drawing a conclusion.

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

Ursus:
Comments left for the above article, "Man sues Grove School over injuries" (by Alexandra Sanders; Jan. 17, 2011; New Haven Register), #s 21-22:


Grove student wrote on Apr 4, 2011 4:47 PM:
This guy must have done something really stupid to even be restrained in the first place.
second if your becoming so much of a threat to your self and others, do you except them to sit their and do nothing.
third, I wish the guy luck getting anything in this lawsuit.
and also if he was being restrained and was not fighting back, he wouldn't have ended up looking like thatI 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

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