Aaron Hatcher, Special Needs Student, Allegedly Died From Teacher's Forced Neck Brace (VIDEO)

Parents of Aaron Hatcher, a former special needs student at Roswell High School in Atlanta, Ga., have filed a $10.5 million lawsuit against the district and 15 Fulton County public school employees, claiming their son died after a teacher physically abused him, WGCL-TV reports.

The boy's parents, Ronald and Arthelia Hatcher, claim Roswell High School teacher Katherine Dorn Durden forced Aaron to wear a homemade neck brace to turn his head to face the classroom, according to Jarrod Oxendine, the family's attorney. They believe that Durden's actions led to their son's death last March. The Courthouse News Service details the lawsuit's account of the alleged abuse, saying the brace constricted Aaron's breathing:

"While in Mrs. Durden's class, Aaron came home with bruises on his back and hands, making it clear that he was not being properly secured in his chair. Further, and without parental or medical consent, Mrs. Durden took it upon herself to twist and then constrain Aaron's neck in a makeshift neck brace apparently because she did not like the way Aaron was forced to twist his neck in order to breathe. While a student in Mrs. Durden's class, Aaron was repeatedly rushed to the hospital from school as a result of the abuse."

Ronald Hatcher told the Atlanta Journal-Constitution he even sought medical intervention to stop the teacher from restraining him with the brace -- to no avail.

"I went to the doctor and got a letter to tell them to stop this," Ronald Hatcher told AJC. "They would not listen to me. He would have to sit a certain way in order for him to breathe. Several times he would go to the hospital from school cold blue."

The lawsuit also accuses Hopewell Middle School teacher Melanie Pickens of assault and battery, false imprisonment and intentionally inflicting emotional distress on Aaron. An investigation by state and county officials found that Pickens had had her teacher's license revoked by the state after abusing other students she was responsible for -- including Aaron.

Along with Durden's neck brace, the AJC reports that Perkins "passed gas" in Aarons face and overturned his wheelchair.

According to the lawsuit, the family seeks compensatory and punitive damages for assault, battery, false imprisonment, intentional infliction of emotional distress, negligence, negligent hiring and retention, constitution violations, and violations of the Americans with Disabilities Act, the Individuals with Disabilities Education Act, the Rehabilitation Act and several Georgia state laws.

WXIA-TV reports that a spokesperson for the school district declined to comment on the litigation, and that the district's legal team has not yet received the lawsuit.

Comments

[Imjesssaying]

1 hour ago ( 9:20 PM)

I've seen several people asking why the parents kept sending him back to the school: in Georgia you HAVE to send your kids to school or you WILL be arrested. If the parents can not afford private care their only option is public schools. This same system has already paid out millions on a similar case, which involved multiple students.

[Jacksmumuk]

04:38 PM on 02/20/2013

instead of repeated complaints why did they not remove the child from the school

[cs67878h25]

10:08 AM on 08/08/2012

when did this teacher decide that she was a physcian enough to do this and where does this teacher in any way thinks that she could touch this child in anyway unless the needs that only she should of done... people absolutely make me sick to my stomach when you take your stupid stuff out on handcap people exspecially children please teacher get a job in retail so customers can make things for you easier for you to be put in your place you do not i mean do not need to be around children of any kind.....

[jimboy71]

02:03 PM on 07/15/2012

My question is why did you keep sending him back there?

[April ViVier]

11:14 AM on 07/17/2012

A lot of times when parent's have a special needs child they can only send them to certain schools. My brother has Down Syndrome and the nice school district we were apart of didn't have the resources for him. He had to go to a school district that catered to the crappy side of town. He would come home with bruises on his back that we callled about. The school did nothing and we were stuck.

[jimboy71]

11:37 AM on 07/17/2012

I get that. I guess economics play a role. I was lucky enough to grow up in a family with the resources to pursue other options (if needed). I am sorry to hear your brother was mistreated. Thanks for reminding me that not everyone has a choice in the matter. :)

[Amanda Miller1]

02:46 PM on 10/23/2012

Mine too! If my kid came home blue because of something like this, he would not go back in that classroom.

[Chef Gregory]

12:49 AM on 07/15/2012

Insane. Symptoms would have been obvious. Just plain sad and so very wrong!

[BravoFour]

10:24 PM on 07/14/2012

If the homemade neck brace contributed to the child's death, there should be criminal charges.

[Adam Lee Linkous]

05:40 PM on 07/14/2012

As a person that works with special needs children in a public school, without knowing the facts of the case, I can say that it is most likely that nothing the school district did to accommodate this child was going to make the parents happy. Public schools are not equipped to handle a student with such needs despite the fact they are forced to. He should've received home schooling provided freely by the school district he was in. This young man's death is tragic, but I doubt seriously that the school was the cause of death. These parents are grief stricken and are looking for someone to blame.

[IdleCrumble]

07:39 PM on 07/14/2012

The teacher had her license revoked for abusing several students. The district and state have already admitted some kind of wrongdoing was taking place in her classroom. It's up to the court to decide if the school is responsible for not doing something about the claims sooner, and also if his death can be connected to the abuse he received in her classroom.

Teachers are not medically trained. They should not be doing anything medically other than first aid without the parents' permission.

[BravoFour]

10:23 PM on 07/14/2012

If your a special needs teacher, here's a bit of advise... Don't fashion a homemade neck brace or otherwise try and physically force the position of a child's head under any circumstances.

A special needs teacher is not a chiropractor.

[jillinhi]

06:15 PM on 07/10/2012

WHY is this happening? Was the teacher alone in the room? Was the teacher properly trained to care for this student? Did the teacher have adequate support?
This should not be happening. I am not excusing the teacher's actions, if what is said is true, but I just don't understand why 1) someone isn't intervening, 2) why the classroom atmosphere is such that the teacher would feel desperate enough to force the student to "look at her(?)" and 3) why the teacher wasn't properly trained.
If this is just a matter of a mean teacher then throw the book at them.

[tappingtina]

03:52 AM on 07/15/2012

I agree with you there are a lot of unanswered questions here. I have seen people saying cameras should be used in classrooms to monitor not only the pupils but the teachers actions. I don't know whether that will help.Honestly, I think we all need to start caring more for each other and the world. We have lost our empathy and we need to get it back!

[Eddie Poole]

12:51 PM on 07/10/2012

I am sorry, but any time something happens like this from a teacher, I think that teacher should be forced to go through the same ordeals she put the student through. I don't understand why people become teachers or nurses if they can't handle working with the people they are given.

[justcauseatl]

08:19 AM on 07/06/2012

Why are the parents blaming the teacher and the school system? Why would a parent send a special needs child to a public school where there has been documented facts that the school was "mistreating" the child. Any good parent would have pulled their kid out of that school and put him in a private school. Charges should be brought on the parents for childld neglect... parents have to take responsibility for their actions and stop placing blame. It sounds like a get rich quick scheme...

[Jennifer Hughes]

07:20 PM on 07/09/2012

That's cute how you assume that everyone can afford a private school. You know why the parents are "blaming the teacher and the school system?" BECAUSE A TEACHER KILLED THEIR SON.

[peendier]

07:59 PM on 07/09/2012

People cannot afford certain things, how were they supposed to see the future and know that a teacher was going to hurt the poor child? Charges should be brought to the parents??????????!!!!! Did they cause there child to die!???! No you worthless person. How can you possibly think this? Ignorant and uneducated is what you are.

[Tim2560]

01:58 PM on 03/22/2012

I too am confused... if Aaron were rushed to the hospital, would there not be some sort of questions asked by the parents as to what caused the problem? Maybe they needed to train the teachers or update his file on his specific needs?

This is very weird and I cannot think how a teacher would possibly take it upon herself to make a neck brace for the sole purpose of making him look at her.

There is something very wrong with this story and I see too many holes for any of this to make much sense.

[Jennifer Hughes]

07:25 PM on 07/09/2012

So, what you're saying is, "I can't believe anyone would do anything that bad." Were you born yesterday? People do very bad things. And if you'd ever been in a special ed classroom, you'd know that many, many teachers place a great deal of emphasis on students looking at them, because for some reason many people are convinced that you can't listen to someone without looking at them. (Note: That obviously isn't true. I don't listen with my eyes.) This teacher, doubtless as a result of of having absolutely no compassion or empathy, took it much, much further. But yes, anyone familiar with the abysmal way people with disabilities are often treated won't find it a surprise that this teacher felt that this boy's real problem was not being able to look forward, not having difficulty breathing. People often miss the forest for the trees.

[jimboy71]

02:05 PM on 07/15/2012

I can beleive that someone would do something that bad. What I cannot beleive is that his parents sent him back after one, let alone several "cold blues" (code blue).

[Chingiss7]

01:07 AM on 03/16/2012

God will decide what punishment is adequate for this "teacher", the question is how should the rest of the staff be held accountable.

[aralpharetta]

07:21 PM on 03/22/2012

AMEN this is beyond Unacceptable.

[Ziggy2345]

12:21 PM on 03/27/2012

No ...a jury of her peers will. Duh.

[cherrylips7]

11:33 AM on 03/12/2012

Total negligence...............special needs trained 'she is not' to have restricted a child's airways as such. A horrid woman who should be severely punished for her actions~this is a very calculated and cruelly upsetting act. Neither did she take into consideration the mother's letter explaining the angst her child was experiencing...omg I can't think about this, it's too upsetting...............WHERE WHERE THE TEACHER'S COLLEAGUES FOR GOD'S SAKE ????????????? WHY DIDN'T SOMEONE STEP IN SOONER !!!!!

[SameBoat]

07:44 PM on 03/09/2012

One word: homicide.

[ajbernhard]

06:56 PM on 03/10/2012

A little quick to judge, aren't we? Perhaps this should best be left to the criminal justce system, where the accused still enjoys the presumption of innocence of an ALLEGED crime.

[SameBoat]

08:35 PM on 03/10/2012

Not a judgement--merely an idictment based on facts presented. That's where the criminal justice systems kicks in. If the teacher caused the death of this child, that is a homicide, which can range from involuntary manslaughter to murder.

[Jennifer Hughes]

07:31 PM on 07/09/2012

Well, I'm not part of the criminal justice system and have no power to do anything to this teacher, so I'm perfectly free to state my own opinion, which is that I find the allegations credible and that if they are true, the teacher killed her own student because she was personally offended by his disability. Having dealt with many people in my life who think that my disability (i.e. my inability or difficulty to do things they would prefer) is some sort of personal insult to them) I certainly don't think this story is impossible.

[aralpharetta]

07:21 PM on 03/22/2012

wow

[katgal1232]

11:29 AM on 03/09/2012

This is just outrageous and this woman should be somethinged, I can't name it. The article states the parents saw bruising. Bruising can happen very easily to a person that can not help themselves, usually unintentional. So, there is difficulty making judgements about that for the parents. The folks that want to immediately blame the parents are dead wrong. I work with a quadriplegic and manipulate her hands to keep them from atrophying and she bruises so easily and her skin is very thin. she has only been disabled a year and half. It is absolutely hell trying to find good care for the disabled and the care givers are usually exhausted most of the time. Pointing a finger at the left or right is just ridiculous. If truth be told it stands to reason that this teacher would be GOP because of the lack of critical thought on her part. Not for a second did she go beyond her immediate want. That seems to be a common thing among GOP people in terms of not being able to see long term consequences of actions. This teacher is one mean human being end of story.

[tandyteelu]

06:06 PM on 07/14/2012

So now you've included the GOP....are you that far gone as to blame a political party? Unreal!

[katgal1232]

08:51 AM on 07/15/2012

bozo agogo, read, before commenting, I was responding to someones post.  Critical thought not going on in your head.