Families in isolation booth lawsuit file appeal

An eight-member jury on Jan. 3 dismissed 12 different claims against the district and Jerry Stein, a former special education teacher at Mint Valley Elementary School.

Stein oversaw the use of a controversial 4-by-4-foot windowless isolation booth while he supervised a program for the district’s most behaviorally challenged students from 2005 to 2016.

Five former Mint Valley Elementary students and their parents had accused Stein of depriving them of their Constitutional right to freedom from illegal seizure under the Fourth Amendment by placing them inside inside the booth for mild misbehavior between 2009 and 2012. Their lawyers also argued that placement in the booth aggravated the children’s pre-existing mental disabilities and caused psychological damage.

After a day and a half of deliberations, the jury rejected all of the plaintiffs’ claims.

Plaintiffs’ lawyers are appealing on five ground different grounds.

“We respect the court just like we respect the jury,” Roger Davidheiser, an attorney for the families, said in an interview Wednesday. “We just think there were errors committed that had a material impact on the outcome.”

One of the central issues in the case, according to the plaintiffs, was whether the booth could be locked from the outside without being manually held shut.

Plaintiffs are specifically appealing U.S. District Court Judge Robert J. Bryan’s decision to exclude the sworn depositions of two former Mint Valley students who testified that they were locked inside the booth.

Plaintiffs’ attorneys had intended to introduce evidence that Stein regularly locked children in the booth — a violation of state law and accepted best practices for the safe use of isolation at the time. The defense team had argued it was impossible to lock the booth without the constant presence of an adult.

One of the students, identified as “J.B.” in court records, testified that he was locked in the booth roughly 10 different times during his third- and fourth-grade years, according to court records.

Another student, called as a witness by the district’s defense team, testified that the booth held therapeutic benefits and helped him “get to where I am today.” However, that student also testified that teachers would use a piece of wood to keep the booth shut.

The additional grounds for appeal include:

Plaintiffs are appealing the judge’s decision to prohibit the jury from inferring that the booth violated state regulations because the district destroyed it five days after photos of it were posted to Faceook.

Plaintiffs are asking the appeals court to reconsider the judge’s order to exclude evidence related to prior, unproven allegations of misconduct against Stein, according to court records.

In light of the allegations against Stein, plaintiffs argue the claims against former Mint Valley Principal Patrick Kelley and former Superintendent Suzanne Cusick should not have been dismissed.

Plaintiffs argue that they are entitled to the underlying materials a law firm hired by the district in 2012 used to produce a report on whether the booth was used appropriately. The report was admitted into the court record under seal, but the district’s defense team argued the related documents were protected by attorney-client privilege.

The Ninth Circuit will hear oral arguments after it receives all documents and evidence in the lawsuit, including thousands of pages of transcripts produced during the trial. It could take up to two years to get a ruling, Davidheiser said.

If a panel of judges rules in the plaintiffs’ favor, a new trial would be held or the parties could negotiate a settlement.

Attorneys representing the district were unavailable for comment Wednesday. In a statement to The Daily News, district spokeswoman Sandy Catt said Wednesday the district was not surprised the families have appealed.

“We understand that this is part of the process, and we remain confident that the outcome in the district’s favor will stand,” she said.