DETROIT (WWJ) - The mother of a 6-year-old autistic boy filled a lawsuit Monday accusing a bus driver and an attendant of an alarming attack on her special needs son.
The boy's mother, Talysha Oldham, filed the lawsuit in Wayne County Circuit Court on April 4 against the bus company, ABC Student Transportation, the bus driver and bus attendant involved in the alleged attack, reported The Detroit News.
According to the lawsuit, the bus driver and aide physically assaulted the 6-year-old, Adriel Oldham, by "punching, kicking and even sitting" on him after the boy was having some difficulties while riding the bus home from Fisher Lower Magnet School on Dec. 1, 2021.
Lawyers for the family said Adriel is autistic and echolalic. "His ability to communicate is very limited," the lawsuit explained.
The lawsuit accuses the two employees of striking the student with "hands, feet, teeth, fist" during the attack. The lawsuit claimed Adriel was "punched in the face, and thrown down in his seat, eventually landing on the ground."
"At one point during the melee, the bus driver can be seen sitting on top of (the boy). A frightened passenger and fellow student managed to record the event," said one of the lawyers said in the lawsuit.
When Adriel was dropped off, the bus driver and the aide informed Oldham that Adriel was being "aggressive" on the way home and that they were terminating his transportation privileges.
The Oldman, who is a psychologist and a teacher, first became aware of the entire incident after the video was uploaded to social media.
"I was shocked. Immediately my heart dropped," Oldman said to The Detroit News. "I had to take a moment and pause."
In the lawsuit, Oldham said she contacted the Detroit Public Schools Community District police and filed a report the same day as the incident; she then tried to speak with the Detroit Police Department, but was referred to the school district's police department instead.
According to the lawsuit, Oldham made another report directly with Fisher Academy officials; she asked Principal Shekitra Green and Tyra Butler, exceptional student education lead administrator, why Adriel was no longer allowed to ride the bus.
The lawsuit claims Oldham was informed by Butler apporximently two hours later that her son had not been suspended from the bus. Lawyers said the principal informed Oldham the following day that the "Defendants were no longer providing services to DPSCD, and that DPSCD was undertaking a formal investigation into the matter."
Rudy Harper, Deputy Detroit Police Chief, said to the Detroit News on Tuesday that the incident is being investigated by the school district's police since it occurred within their jurisdiction.
According to Oldham, Adriel has suffered brain injuries due to the alleged assault and told The Detroit News that her son has fallen behind in his therapies. She also said Adriel has been more aggressive and could be potentially "acting out" what the bus driver and attendant did to him during the incident.
Chrystal Wilson, the Assistant Superintendent of Communications for the Detroit Public Schools Community District, said the district became aware of the incident on Dec. 3 and both the bus driver and the attendant were taken off the job while authorities investigated.
"The investigation resulted in the district employee cleared of any wrongdoing, the termination of the bus driver by the bus company and a District recommendation made to the County's prosecutor's office to press criminal charges," Wilson said. "The parent was notified and provided an opportunity to view the video, however, did not respond to the District's messages."
Wilson said the the district was cooperating with officers and no charges have been filed.
Oldham's lawsuit is seeking over $10 million in damages, to include costs and legal fees; the Wayne County Circuit Court is due to hear a status conference on July 5.
