Headline News - PostStar.com
Mother claims teacher hit son in classroom
Police: No injury resulted and teacher notified authorities
By DON LEHMAN
dlehman@poststar.com
Thursday, January 15, 2009 12:27 PM EST
SALEM – The mother of a Salem boy has filed a notice of claim against the Salem Central School District alleging her son was hit by a teacher in a classroom.
Lisa Hudson had filed the notice, which indicates an intent to a file a lawsuit if a settlement isn't reached, on behalf of her 12-year-old son.
The lawyer who prepared the notice of claim, Gerard Amedio, said he plans to seek a criminal charge against the teacher as well.
The Washington County Sheriff's Office investigated the Dec. 10 incident, and concluded there was no basis for a criminal prosecution. Amedio said police concluded the physical contact was "justified."
Amedio, though, said the boy was hit on the back of the head by teacher Patricia Mullen because he had no completed his homework. He said Mullen called the boy's mother that day and apologized and asked her not to report the incident.
The boy was not injured, but suffered "extreme pain, suffering, discomfort and public humiliation." He is still in Mullen's class, Amedio said.
Washington County Sheriff's Investigator Tony LeClaire said the alleged victim's complaint was investigated, but conflicting statements and a lack of evidence led to a conclusion no crime could be prosecuted. He said the boy told him the teacher "maybe hit me with two fingers." There was no injury, the child reported no pain and the other children did not witness any improper conduct, LeClaire said.
Mullen said she put her hands on the boy's shoulder to get his attention, LeClaire said. It is not illegal for her to do so, he said.
"She (Lisa Hudson) called State Police before she called us and on advice of their counsel's office they declined to bring any charges," LeClaire said.
Amedio – a former police officer – said he did not agree with that decision, and said there was plainly probably cuase that the offense of harassment occurred. He said there were numerous witnesses.
"It's not up to the police to determine whether it was 'justified'," Amedio said.
Amedio said he plans to file a criminal complaint in Salem Town Court and seek to have the judge file a charge.
