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Olathe mother files federal lawsuit against Kansas

Claims seclusion room use unconstitutional
Posted at 5:55 PM, Jul 31, 2017
and last updated 2017-07-31 19:17:16-04

A Kansas mother has filed a lawsuit against the state claiming her son with autism's civil rights were violated by an Olathe school teacher repeatedly putting him in an isolation room.

The 41 Action News Investigators first reported on this issue in February 2016.

In a new federal lawsuit filed Monday in Kansas City, Kansas Federal District Court, Toni Donahue claims her son Drake suffered dozens of minor injuries due to his placement in the isolation room.

The suit also says "the practice of using the prison isolation cell on Drake amounted to torture and Drake suffered symptoms similar to a prisoner of war."

The suit names several Kansas government officials, including Gov. Sam Brownback and state agencies, as defendants.

Olathe School District leaders told 41 Action News the rooms are only used in emergency situations to calm down out of control students.

Donahue hopes her lawsuit will help banish isolation rooms. She calls them human rights violations.

Donahue also wants cameras in the classroom to document any issues.

She's previously filed complaints with Olathe Schools, Olathe Police, and the state of Kansas.

In each instance, those complaints were dismissed.

Donahue said she plans to file a separate federal lawsuit against Olathe Schools in the near future.

Previous coverage: 

Appeal of isolation room case favors school

Feds to investigate isolation room complaint at Olathe school