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Massachusetts family sues school district, employees after a third grader was restrained multiple times | CNN

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Massachusetts family sues school district, employees after a third grader was restrained multiple times | CNN




CNN
 — 

A Massachusetts mother is suing her son’s former school district and several of its employees for allegedly “brutally and impermissibly” restraining the boy, who was 8 years old at the time, on numerous occasions – including with a “gym mat” – according to a copy of the lawsuit obtained by CNN.

The boy, who is Black and referred to by the initials “M.W.” in the lawsuit, attended Glover Elementary School in Marblehead, Massachusetts, as a third-grader from September 2023 to March 2024 as a part of the commonwealth’s voluntary school integration program called the Metropolitan Council for Educational Opportunity (METCO).

CNN has agreed not to name the boy or his mother over the family’s concerns about the emotional health and wellbeing of her son.

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Nearly 83% of students at Glover Elementary School were White and less than 2% percent were Black during the 2023-2024 school year, according to the commonwealth’s Department of Elementary and Secondary Education.

While enrolled in the school, employees allegedly restrained the child multiple times and, on those occasions, according to the lawsuit, they “forcibly grasped his wrists,” “dragged (him) down school hallways,” and, on at least one occasion, “encircled (M.W.) … with a large gym mat so that he was forcibly trapped” and pushed to “transport” him, leaving him “isolated … in empty rooms.”

“These employees’ actions terrified M.W. and caused him to suffer from severe asthma attacks and vomiting,” the lawsuit states.

According to the lawsuit, M.W. was restrained “in three separate incidents” on December 6, 2023 – including after an incident that “occurred because M.W. had a baseball bat and was allegedly swinging it at some of the Defendant staff — a characterization that is not corroborated by video evidence.”

Later that day, M.W. “needed emergency transport to the hospital via ambulance because his asthma attack could not be controlled,” according to the lawsuit.

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A school employee allegedly witnessed this incident and filed an anonymous complaint with the Massachusetts Department of Children and Families (DCF), a child welfare agency, the lawsuit states.

Erika Richmond Walton, the family’s attorney, told CNN the child’s mother withdrew him from the school in March of this year.

“I want there to be accountability from the district regarding what happened to my clients and the trauma that they are still experiencing,” Richmond Walton said.

“We want there to be a change in the way that this district and other districts in Massachusetts treat Black and Latinx children. We also want there to be some reform regarding Massachusetts restraint laws,” she said.

The commonwealth’s Department of Elementary and Secondary Education has guidelines that state the use of restraint “shall be limited to the use of such reasonable force as is necessary to protect a student or another member of the school community from assault or imminent, serious, physical harm.”

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The lawsuit notes that the regulations prohibit physical restraint from being used when a student cannot be safely restrained due to medical reasons, including asthma.

Four Glover Elementary school employees were placed on paid administrative leave in December while the district reviewed its policies on student restraint, according to CNN affiliate WCVB, citing Marblehead Public School’s interim superintendent Theresa McGuinness.

At the time, McGuinness said the employees’ leave “is not a punitive action, but it is necessary during this process,” according to WCVB.

CNN has reached out to the school district to confirm if the employees placed on administrative leave were those involved in the incidents mentioned in the lawsuit. CNN has not been able to confirm the current status of the four employees.

The lawsuit seeks damages from the Town of Marblehead, the school district and individual employees in an amount to be determined at trial and to have the child’s student record cleared.

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In response to a question from CNN about incidents spanning September to December, McGuinness shared a statement this month, saying that when district leadership learned about the allegations, they “commissioned an outside investigation into the matter, and took appropriate action.”

“The Marblehead Public Schools was transparent during the difficult process and will continue to be,” McGuinness said in the statement.

“Furthermore, immediately upon learning of the matter in question, the district filed a 51A child abuse/neglect report with … (DCF), in keeping with its role as a mandated reporter,” the statement said.

In response to a question from CNN, DCF confirmed it received a report and investigated. Richmond Walton shared a copy of DCF findings sent to the mother with CNN. It concludes that five allegations of neglect of her son were “supported.”

Three out of the five caregivers who are identified in the DCF report are named as plaintiffs in the lawsuit.

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The school district also hired a third-party consulting firm to investigate a November incident where staff were allegedly “using a large, padded mat to trap M.W. and control his movements,” according to the lawsuit.

During the incident, the student began to “experience symptoms of active asthma” and vomited and, according to the lawsuit, “only then did a Glover Elementary School employee give M.W. his inhaler.”

The independent investigators issued a redacted report in March that aligns with the lawsuit’s description of what happened during the Nov. 20 incident, including that employees “transported” a student in a padded mat.

Richmond Walton confirmed to CNN that M.W. was the student referenced in the consulting firm’s report.

The report concluded, “the staff involved in this incident … had an extraordinarily difficult task. Some of the techniques that were utilized were not aligned with the proper procedures outlined in Safety-Care training.”

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The report also said that, while school staff had “every right to use restraints” to prevent potential harm, the “violation of procedure was their selected method of restraint.”

“The improvisation of encircling (M.W.) with a mat was an undue hardship on (M.W.) and was unnecessary for creating a safe environment. Furthermore, the chosen restraint was not effective,” the report said, adding that “in the heat of the moment, (M.W.) was improperly transported.”

Investigators also concluded that using the mat in this incident … was a violation of the commonwealth’s regulation prohibiting use of “mechanical restraint…and seclusion.”

In March, the district unveiled a new plan outlining how it would address restraints on students in the future, called “Restraint Response Plans … Our Way Forward.”

The plan includes, among other things, requiring all staff to participate in a training on restraint prevention and behavioral support policy, and requiring staff debrief after “any significant escalation” to “prevent and minimize future incidents.”

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Richmond Walton said M.W. has since enrolled in another school, but he’s still dealing with trauma because of the incidents.

In a statement shared with CNN through her lawyer, the now 9-year-old’s mother said her son has had a difficult time adjusting to his new school.

“The teachers say he is showing signs of trauma,” she said. “It’s very hard to see that my baby is not the same. I cry every day.”

According to a report from the US Department of Education’s Office for Civil Rights, “approximately 52,800 K-12 students were physically restrained, mechanically restrained, and/or placed in seclusion at schools,” during the 2020-2021 school year.

While Black students made up 15% of K-12 public school enrollment during the same year, the report found they accounted for 21% of students physically restrained, 42% of the students restrained using a device or equipment, and 19% of students secluded.

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Boys, Black students, students of two or more races and students with disabilities were also more likely to be restrained, the report said.

Richmond Walton told CNN the child’s mother believes her son’s race played a role in the repeated use of restraints.

“She’s almost 100% sure that this would not be happening if he was a White child,” she said. However, Richmond Walton said METCO should not take the blame, and she feels the school district is responsible.

“Districts that participate in the METCO program are obligated to be welcoming and respectful of the children of color that attend these schools,” she said.

According to the commonwealth’s department of education, the METCO program “is a voluntary program intended to expand educational opportunities, increase diversity, and reduce racial isolation for students in urban and suburban communities.”

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It allows children from Boston and Springfield to attend schools in other districts with greater resources. METCO currently serves approximately 3,200 students across 38 school districts in metropolitan Boston and outside Springfield.

METCO President and CEO Milly Arbaje-Thomas said in a statement that the program remains committed to “empowering our METCO districts with the tools and resources they need to recognize, respond to, and repair racial harm in their communities.”



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Massachusetts

Massachusetts man dies in Fiji after becoming critically ill on sailing trip

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Massachusetts man dies in Fiji after becoming critically ill on sailing trip


A Holbrook, Massachusetts man who fell critically ill while sailing through the South Pacific has died, his family told WBZ-TV Tuesday evening.

Scott Winslow was in intensive care at a hospital in Fiji for weeks, as his family fought to get him back home so he could be treated for septic shock and a serious infection.

Winslow’s wife and two daughters had made the 8,000-mile trip to be with him and fight for his care when he died.

“We are at the hospital and just said goodbye to our father,” his daughters told WBZ-TV. “We are heartbroken.”

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Winslow was traveling on his nephew’s sailboat in the South Pacific on what was supposed to be a three-month voyage when he noticed what appeared to be a bug bite.

His family isn’t sure exactly what the cause of the illness was, but his condition quickly deteriorated, and he could no longer walk once they diverted the boat to Fiji.

The family provided WBZ medical documents from doctors in Fiji, who said he needed to be evacuated to another hospital.

The family said his insurance company, Aetna, denied the transport and the medical flight to get Winslow home would have cost hundreds of thousands of dollars.

Winslow’s family said they had secured medical services with the Mass General Brigham group if he got back to Massachusetts.

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“I don’t understand. My problem is, my parents pay for insurance, this is what insurance is for,” Lisa Babbin, Scott’s daughter told WBZ-TV earlier on Tuesday.

Before Winslow died, WBZ-TV reached out to Aetna. In a statement, a spokesperson said they were continuing to work with Winslow’s family “and his providers in Fiji to identify the best way to get him back safely to the United States for continued treatment.”

The Winslow family had also reached out the U.S. Embassy in Fiji for help securing an emergency loan.



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ICE detentions rise in Massachusetts amid World Cup festivities

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ICE detentions rise in Massachusetts amid World Cup festivities


The past month in Massachusetts has been synonymous with World Cup fan festivals, cheering crowds and tourists from Scotland crowning statues with traffic cones.

Amid concerns that the Trump administrations would ramp up immigration enforcement during the tournament, international soccer fans have posted on social media that they’ve felt welcome in the United States. The World Cup has even served as a distraction for many immigrants who’ve spent the past year and half in fear of the Trump administration’s deportation push.

And yet beneath the surface, immigration lawyers and advocates say detentions have not only continued across Massachusetts since the World Cup started in early June — they’ve increased in frequency.

“It’s supposed to be a joyous time for families, for children, and we’re still seeing an increase of arrests,” Eloa Celedon, an immigration attorney based in Marlborough, said. “Prior to the World Cup, it had settled down a bit — but since the World Cup started, it has been very sad to see arrests happening.”

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During May and early June, Celedon said her office received one or two calls a week about potential clients who’ve been recently detained. Over the last month, those calls have increased to four to five a day.

Celedon’s experiences track with a reported nationwide surge in arrests by U.S. Immigration and Customs Enforcement. Over a recent five-day period, agents across the nation detained more than 10,000 people. The arrests have occurred during routine check-ins with ICE agents as well as during traffic stops.

Todd Pomerleau, an immigration attorney and the president of Mass Deportation Defense Project, called the spike in arrests a “remarkable” contrast to the international goodwill that’s been on display during the World Cup. He pointed to a recent game he was at in California between Belgium and Iran, recounting the way players and fans cordially listened to both teams’ national anthems played before the match.

“Juxtapose that with what I’ve seen as an immigration attorney,” Pomerleau said. ”The government seems like it goes out of its way to basically arrest people without justification a lot and then just throw them in detention facilities.”

No attorneys have heard of any cases of immigrants being detained around the World Cup matches at Gillette Stadium, temporarily renamed Boston Stadium.

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A closer look at recent enforcement numbers

ICE didn’t respond to questions about how many people it has detained in Massachusetts since the start of the World Cup — the agency usually doesn’t provide time-specific enforcement figures.

Still, there are other ways to get rough estimates. Attorneys often file habeas petitions in federal court, asking judges to intervene in alleged unlawful detentions and keep immigrants from being sent to detention centers in other states.

There have been nearly 190 habeas filings in Massachusetts federal district court since the beginning of the World Cup matches, according to Habeas Dockets, a tracker run by the nonprofit Immigration Justice Transparency Initiative. Cases rose by 21% in June overall from the month before, going from 183 in May to 222.

One of those filings was for Malton Lacerda, who was detained June 28 by ICE agents after shopping at a Walmart in Halifax with his son Victor Lacerda, a Navy vet. The elder Lacerda wore a T-shirt saying “Navy Dad” as he put groceries in the car.

“Then we get rushed by a bunch of different ICE agents with guns drawn and threatening us. And we were confused,” Victor Lacerda, the son, said. “I looked back to see what was going on, because at first I couldn’t even believe it was happening to us, because we were just getting groceries. We hadn’t done anything wrong. And that’s when I saw them putting hands on my father and detaining him. But they were still asking me questions about my citizenship and my father’s citizenship.”

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Victor Lacerda, who was born in the United States, served in the Navy after high school and lives in Kingston, Massachusetts. His father, who’s undocumented, is originally from Brazil and has lived in the United States for at least 25 years. He’s currently being held at Plymouth County’s ICE detention facility.

Pomerleau, the Lacerdas’ attorney, says the father was in the process of securing a green card when he was detained. He’s eligible for permanent residency in the United States through a special process for veteran family members.

Pomerleau called the father an exemplary member of his community, noting that he works as a horse trainer and provides horse therapy for disabled veterans. He and his son also march in local parades, and planned on doing so again for the Fourth of July.

“He’s done a lot of work for the community for years. He marched in the 400th Thanksgiving Parade down in Plymouth, Memorial Day parades,” Pomerleau said.

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Malton Laceda in a Massachusetts parade last year.


Courtesy of Victor Laceda

Lacerda has two 20-year-old cases of driving without a license and paying fines, and a misdemeanor assault and battery charge from 2008 that was dismissed, involving his ex-partner who’s now raising funds for his legal expenses. ICE didn’t return requests for comment on the case.

Local immigration advocates say the recent spike in arrests is one more way the Trump administration has cherry-picked which foreigners and immigrants can enjoy the world’s biggest sporting event.

Celedon noted that the federal immigration crackdown has also made it impossible, or very difficult, for people from countries on full or partial travel ban lists to visit the United States to attend World Cup games. Those countries include Haiti and others in Africa.

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“It feels like almost like racial profiling people of certain countries that are allowed to come and those that are not allowed to come and not allowed to stay,” Celedon said.



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Three share lead as Massachusetts Amateur gets underway at Winchester – The Boston Globe

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Three share lead as Massachusetts Amateur gets underway at Winchester – The Boston Globe


Carson Erick, Jake Mrva, and Patrick Kilcoyne took a big first step Monday toward reaching match play by sharing the lead at 3-under 68 in the 118th Massachusetts Amateur at Winchester Country Club.

Kilcoyne was the runner-up last year at GreatHorse to Ryan Downes.

Max McColgan posted the only bogey-free round of the day, with a 69. He birdied two of the par 5s, Nos. 2 and 13. He is part of a group of four at 2 under that also includes 2024 champion Matthew Naumec.

Among the six members of the host club in the 144-player field, Joey Monahan led the way with a 70. His cousin, Aidan Monahan, won the club championship on Sunday and turned in a 72. They are nephews of PGA Tour commissioner Jay Monahan.

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Lucas Dascoli recorded a hole-in-one on the 127-yard ninth hole with a 50-degree wedge. The ace had him make the turn at 1 over, but he dropped five shots over the final four holes and settled for a 77 and is in a tie for 71st.

The average score was 76.83, playing 2.67 over par on the front and 3.15 over on the back. Ten players managed to post a red figure while eight turned in a 71.

The top 32 players following Tuesday’s second round of qualifying will reach match play that begins Wednesday. The 36-hole final is scheduled for Friday.


Keith Pearson can be reached at keith.pearson@globe.com.





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