If It's Too Outrageous to Be True, It Probably Isn't True

Once again another frivolous school lawsuit hits the papers.

I'll bet it's true. That's meant to be sarcastic knowing how unscrupulous lawyers and parents can be. I don't see any criminal charges having been filed; absent that, it's a bunch of horseshit. The teacher was supposedly let go, but schools can do that to any teacher if the teacher has no "tenure" rights. Just "embarrassing" a school will do the trick.

Even if a teacher does have "tenure," districts or private schools can get rid of him or her rather easily.

The problem is with our civil court system that allows lawyers to make shit up or exaggerate claims in order to get a settlement through a pre-trial settlement conference. The insurance companies will NOT pay attorneys' fees for trials, so they invariably settle out of court. The settlement conferences are mandatory; these save the taxpayers money on court trials, which are generally reserved for criminal cases. Trial judges have nothing to do with these settlement conferences, so there is no reason for them to sanction lawyers for filing frivolous claims. When a case is settled, the trial judges merely close it.

The bar associations do little or nothing to sanction lawyers who lie in order to "win" these settlements. It's big business for these shysters.

Here is the note from the school:

Dear Friends,

You may be aware, a newspaper has recently reported on an alleged incident from May 2012 at a high school run by the Martin De Porres School known formerly as the Martin de Porres Academy for Career Development. This school, which was consolidated with the Martin De Porres High School (Rosedale) moved to the Rockaways in September 2012. We serve special needs teenagers who have serious emotional, psychological, social and behavioral problems, and whose needs have not been met within New York City Department of Education’s special education programs.

We hold our teachers—indeed all our staff—to a high standard. Therefore, as soon as we learned about the allegations, we conducted an internal investigation. As a result of our investigation, the teacher was fired. We also cooperated fully with detectives from Nassau County who advised us that no charges would be filed against the alleged assailants.

Our Martin De Porres community is a family. We have seen your children through some difficult times, and we have watched with pride as they evolve into responsible adults. I want to assure you that their safety and well-being is our top priority.

Edward Dana
Executive Director
_____

It figures there wasn't anything worth prosecuting. Most likely, the teacher's contract was not renewed, which means the teacher was fired.

It sounds like the school is actually a private school and not a public school. They can do pretty much what they want

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