Federal judge rules Menlo-Atherton High School lawsuit can proceed

The judge’s decision sends a “powerful message” to the town, high school personnel and police department that their mistreatment of a student with special needs is “unacceptable and they will be held accountable,” Burris said.

“I took this case because I felt wrong was done to this young man and how he was treated,” Burris said. “The court basically said we get the right to prove that now. I’m pleased about that.”

Defendants named in the lawsuit include the Sequoia Union High School District, M-A Vice Principal Nick Muys, five officers of the Atherton Police Department, and Stepen Emmi, a former vice principal at the time of the incident.

Claims allege assault and battery, intentional infliction of emotional distress, and violation of the Bane Act against Emmi; negligence against Muys; and violations of the American Disabilities Act against the district.

The suit was filed in partnership with special education attorney Evan Goldsen of the Special Education Collaboration Project.

“From our point of view, this is an important case because, fundamentally, this is about how you treat a disabled person and how treat a special ed student, when you know [there are] certain kinds of emotional and mental conditions and you ignore them and you treat them in an abrupt dismissive manner,” Burris said.

The judge’s order currently dismisses the claim of Emmi’s violation of the Ralph Act — which protects individuals from violent acts with a discriminatory motive — and gives the plaintiff 21 days to amend the complaint to further provide rationale. Burris said he plans on doing so.

The case management conference is set for Nov. 13.