Damages sought over youngster's arrest

SANDPOINT — A claim for damages has been filed over the arrest of an elementary school student with an autism disorder who was accused of battery on school personnel.

The tort claim seeks more than $500,000 in damages from the Lake Pend Oreille School District and Bonner County for negligence. It was filed in 1st District Court on July 6.

The school district and the county could settle the claims or reject them, which would permit Charles and Spring Towry to pursue litigation against the entities.

School district Superintendent Dick Cvitanich did not respond to a request for comment on Monday. Bonner County does not comment on pending tort claims.

The Ponderay couple’s 8-year-old daughter, Evelyn, was arrested on suspicion of battery at Kootenai Elementary School on Jan. 9. She allegedly spit on and inappropriately touched two instructors.

The third grader was handcuffed and taken to the county’s juvenile lockup, where she was released to the custody of her parents. The youngster was charged with battery, although the state later moved to dismiss the case.

The student is diagnosed with Asperger syndrom, an autism spectrum disorder.

At the time of the incident, Cvitanich said the girl’s safety plan called for law enforcement to be summoned if she became aggressive with school staff.

The Towrys, however, had said they were never advised of such a plan and would never have agreed to it.

In the claim, the couple said school officials sought to send a message.

“They told police they they ‘wanted to have charges pressed because they felt they were not getting their point across to Evelyn and her parents,’” the claim said.

The claim alleges that the school district lacks understanding about Asperger syndrome and failed to develop an appropriate special education plan which included their input.

The couple argues their daughter’s arrest was contrary to the Individuals with Disabilities Education Act, the Americans with Disabilities Act and the Idaho Department of Education’s crisis management guidelines.

The claim faults Bonner County commissioners for failing to provide adequate funding to train deputies and prosecutors in dealing with children suffering from disabilities. The claim seeks negligence damages from commissioners, and the offices of sheriff and prosecutor.