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The lawsuit claims that Francis D. Raub Middle School and Allentown School District created an environment that led to the assault, according to the legal document. The middle school's principal, Jose Delgado, and a former superintendent, John Stanford, were also named as defendants.
The case was moved to federal court on Monday, Nov. 4 after initially being filed in the Lehigh County Court of Common Pleas on Friday, Oct. 4.
It stems from an incident that involved security guards at the middle school who "needlessly and senselessly attacked and assaulted" a student who was 4 feet 11 inches tall and weighed "barely 80 pounds" on Friday, Oct. 14, 2022, when the incident happened, the lawsuit states. The student posed no threat to the guards at the time.
There are 10 people listed in the lawsuit — all as either John or Jane Doe — but the school district told Daily Voice that none of its schools have that many guards at any one location.
The attack resulted in "severe orthopedic, neurologic, and emotional injuries," according to the lawsuit, which is seeking more than $50,000 in damages.
This sort of attack was allowed to happen because of the environment of recklessness and deliberate indifference to safety that was cultivated at the school, the lawsuit claims.
The Allentown school board held a vote on Thursday, Oct. 20, 2022 to remove Stanford over a lack of confidence about a year after he was hired as superintendent, according to previous Daily Voice reporting.
The school district said that the alleged incident occurred at that time, before its current superintendent, Dr. Carol Birks, was hired
"Since assuming leadership, Dr. Birks and her administration have continued to prioritize the safety and well-being of every student in the district," the school district said in a statement obtained by Daily Voice. "The Allentown School District takes any allegations of compromised student safety very seriously, regardless of when they were made. As this matter is subject to litigation, we are unable to provide further comment at this time."
Editor's Note: This story was updated for clarity regarding the alleged number of guards involved.
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