Parents Sue Department of Education for $5 Million Over Son’s Leg Fracture

Parents Sue Department of Education for $5 Million Over Son's Leg FractureA Staten Island couple has filed a lawsuit against the city Department of Education over the alleged actions of an assistant dean, who is claimed to have broken their son's leg.

It is claimed that Brian Shane, a teen with a mild form of autism, was hit by a bully during gym class, and when he tried to defend himself, the assistant dean tried to restrain Shane with a move out of the Ultimate Fighting Championship league, breaking his leg, according to NBC New York.

"There's no reason that even restraining a child should cause injury to a human being," Brian's father said.

The Shanes claim that their son had previously been in conflicts with other troubled students at South Richmond High School, with this most recent incident marking the fifth time in two years that he's been assaulted by fellow students, according to the Staten Island Advance. The Department of Education refused to transfer him to another school despite the Shanes' requests, the personal injury lawsuit states.

Now that Shane's leg is broken, he allegedly needs to use a wheelchair and is in extreme pain. He has also been advised that he will probably need surgery, the $5 million personal injury lawsuit claims.