Sumner Newscow report — The Wellington school district has reached a settlement with the family of Reed Saunders, a special needs student stemming from a Jan. 18, 2019 incident occurring during a basketball game in Sedgwick County. 

The plaintiff, P.J. Saunders, the guardian of the former USD 353 special needs student, along with his grandmother and adoptive mother received a $219,000 settlement. According to media reports, the settlement will be paid for through USD 353’s insurance. The district paid $19,000 and about $88,000 of the settlement went to Brown & Curry, the law firm representing the family. 

About $105,000 will go into a special needs trust that is administrated by the trust company exclusively for Reed. The family does not benefit from the trust, according to family sources.

The civil lawsuit, filed in Kansas City, Kansas district court originally requested a jury trial, and listed four employees of U.S. 353 at the time:

•Wellington USD 353 School District,

•Robin Creamer, a former paraprofessional;

•Tammy Moore, a former paraprofessional;

•Brenda Gray, a high school special education instructor.

In a related criminal case, filed in Sedgwick District Court, Creamer has pled guilty to the battery by physical contact in a rude, insulting, angry manner – a Class B misdemeanor. She served 12-month probation with a suspended 6-month jail sentence, issued on August 23, 2019. 

The civil and criminal case stems from an incident during a school-sponsored basketball game. According to the civil suit:

“Three USD 353 employees had undertaken the care and custody of “R.S.” (Reed) at the time by teacher Gray and two para-educators under her direct supervision… During the game, Creamer repeatedly applied physical restraints and physical escort to R.S. in excess of what was reasonably necessary, including pinning his arms, striking and shouting at the boy.”

The suit continues.

“Creamer’s actions exhibited recklessness and deliberate indifference to R.S.’s body integrity and legal rights.”

The suit states that R.S. is incapacitated and suffers from “cerebral palsy, chronic lung disease, blindness, developmental disabilities and a seizure disorder. R.S. cannot communicate verbally and can only use limited sign language. He requires complete support to perform the activities of daily living.”

The complaint continues:

“The plaintiff suffered setbacks in his development and an exacerbation of his medical challenges; he lost weight and has regressed in language and social development.”

The family has also suffered from out-of-pocket costs in attempting to place R.S. in a different school district, and R.S. suffers anguish and great emotional distress at the sound of Creamer’s voice or “in environments similar to the basketball game where he had been restrained.”

According to the Wichita Eagle, Saunders, who is 20 now, was moved to Haysville School District where he is still a student.