Wrightslaw Law Library                                                        Witte v. Clark Co.


                                  UNITED STATES DISTRICT COURT

                                    FOR THE DISTRICT OF NEVADA


SHAWN WITTE, A Minor,                                   )
by his next friend and                                  )
Parent, TERESA WITTE,                                   ))
                                     Plaintiff,         ))
vs.                                                     ))
CLARK COUNTY SCHOOL DISTRICT,                           )
ROBERT T. HENRY, individually,                          )          CASE NO.:
and in his official capacity                            )
as former Director of Program                           )
Development, BEVERLY J.                                 )
MINNEAR, individually, and in                           )
her official capacity as                                )
Principal of Variety                                    )          C O M P L A I N T
School; WOODARD MACKE,                                  )
individually, and in his                                )
official capacity as teacher                            )
at Variety School,                                      )          JURY DEMAND
                                                        )
                                     Defendants.        )


Plaintiff, by and through counsel, Sara V. Winter, Esq., Barbara E. Buckley, Esq., and Dan L. Wulz,
of Clark County Legal Services Program, Inc., for his Complaint against Defendants, alleges and
follows:
                                                   I.  INTRODUCTION

This is a suit for damages arising out of practices of excessive corporal punishment and abuse on
with disabilities in Variety School, a completely segregated public school within the Clark County
District for children with disabilities. Such practices of physical pain and physical restraint are
intentionally and deliberately inflicted on students with disabilities and are in violation of
constitutional right to be free from restraint and the infliction of pain while attending public
subjecting Plaintiff and other young children to excessive corporal punishment and abuse that is
imposed on children with disabilities, Defendants have also violated the fundamental
mandates of Section 504 of the Rehabilitation Act of 1973, as amended 29 U.S.C. § 794 (Section 504)
and the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (ADA). Such practices are also a
violation of NRS § 392.465, which prohibits corporal punishment upon students in public schools.
of the Defendants had personal knowledge of the ongoing pattern and practice of abusive treatment
Plaintiff received and each condoned and encouraged the practices.