BOCES Sued For Alleged Assault Of Child
A Brocton woman has sued BOCES, Cassadaga, Chautauqua County, and a school worker over the alleged physical assault of her child.
The lawsuit was filed last week in state Supreme Court on behalf of the plaintiff by LoTempio P.C. Law Group, from Buffalo.
The child was assaulted the morning of Jan. 3, 2024, at BOCES’ Academy at Maple Avenue in Cassadaga, according to the court filing. The assaulter was an employee of the academy at the time, the lawsuit alleges.
The child “suffered severe, painful, and personal injuries of an indefinite and/or permanent duration,” the suit continues. Therefore, the child “has been damaged in an amount in excess of the jurisdictional limits of all courts that would otherwise have jurisdiction over this matter.”
The child’s injuries are later called “serious, painful, and permanent.” The lawsuit claims the injuries happened as a result of negligence.
The OBSERVER is not naming the child, or the child’s mother, because it typically does not publish the names of minors involved in court cases.
Chautauqua County and the village of Cassadaga are likely named in the suit because attorneys often take the “see what sticks” approach to filing lawsuits. Municipalities are usually removed from lawsuits involving injuries on school district grounds, at some point in the process.