Litigation Support

1. 4
Testimony in lawsuit over MHS fight would hit school policies, describe injuries
in Hartford Superior Court last reasonable policies and from Manchester; Wanda Merced, a crack down on violence and gangs,
week, Nocera will testify about procedures was a substantial local pediatrician; and Julie and continue a "proactive approach"
MANCHESTER — An expert on the "importance of educators and factor in the injuries suffered" by Paolino, a physical therapist who to catching troubled students who
school safety and six medical pro- local law enforcement working the then-15- year-old student. has cared for McNally. are at risk of becoming violent.
fessionals are among the witnesses collaboratively to monitor local "The town of Manchester ignored Others testifying will be Man- McCarten and her son claim the
likely to testify in a lawsuit filed by gang activity and identify likely their own policy and state statutes," chester Memorial Hospital doctor school system and others "failed to
a former Manchester High School offenders." Steven Melocowsky, the lawyer Beth Joseph and William Marshall, take proper disciplinary and safety
Student who was severely beaten in He also will talk about the representing McNally and his a critical care and trauma surgeon measures" against Evelyn and
a stairwell three years ago, according "need to follow through with mother, said in an interview from St. Francis Hospital. Brown, both with histories of
to court documents. disciplinary proceedings against Wednesday. "And they failed to arrests, convictions, and gang-relat-
Melocowsky said medical treat-
Larry Nocera, a former students who present a danger to provide any reasonable interven- ment for McNally, now a senior in a ed violence and were "known to be
assistant principal and district the student body," the document tion. They knew who these kids high school outside of Manchester, a threat to members of the student
crisis management coordinator states. were." has cost more than $250,000 and his body" as well as McNally.
for Glastonbury public schools as Nocera's testimony will be based future medical bills will be Additionally, the lawsuit claims the
well as the owner of the Maine- Attackers served time
Jonathan E. Evelyn, who on a review of the school board's "extensive." defendants "failed to adequately
based Safe Harbor-Safe Schools,
pleaded guilty to second-degree policies and procedures in  Nocera will provide a general warn and educate" the students and
a security and emergency comparison to other school parents of the "pattern of violence"
assault in December 2009, and overview of the "epidemic" of
management consulting firm, is systems, police reports, school at the school.
Nicholas A. Brown, who was school violence, preventative
listed among the witnesses who records, employee training, online
found guilty on the same charges measures, behavioral analysis, Potential for further injury
would testify in the lawsuit. records of local gang activity, and
after entering a plea that didn't and the "importance of After the fight occurred, Man-
Brian McNally and his mother, require him to admit guilt, other interagency community interventions," the
Dawn McCarten, filed the lawsuit communications. chester High School administrators
attacked McNally and left him lawyer said. and local police learned from stu-
accusing the town, school officials, bleeding from his face and ear. Cost of care exceeded $250,000 A Named in the lawsuit, filed in
police officers, and a school bus dents that the incident, which left
Both were sentenced in February team of medical providers also will September 2009, are Super- McNally semi-conscious, was gang-
company of negligence and failing 2009 to 21 months in prison and provide testimony on the psy- intendent of Schools Kathleen
to protect him against two assailants related.
have since been released, chological and medical effects of Ouellette, then-Board of Education Two students reported that the
who attacked him on April 24, 2008, according to the state Correction brain trauma, "the permanency of Chairwoman Margaret Hackett,
and left him with brain injuries. attack was in retaliation for a fight
Department website. his injuries, and the need and cost then-Principal Kevin O'Donnell, that happened two days earlier in
McNally, who suffers from post- Nocera will say that cooperation of future treatment," the lawyer former safety liaison John Bishop,
traumatic stress disorder, is seeking Charter Oak Park, in which mem-
between local police, courts, and said. First Student bus company, two bers of a gang from East Hartford
at least $15,000 in damages. The the school system would have pre- These witnesses include Ketan school resource officers, a teacher,
trial is set to begin in October 2012. known as ACG, or Anyone Can Get
vented the assault, the filing says. Bulsara, a leading neurosurgeon and two Manchester police officers. It, fought with MHS students,
Ili According to the documents filed
The court document states that with the Yale Medical Group; After the incident, school officials according to a police report.
"the failure to take appropriate Robert Dell, a clinical psychologist said they would tighten security, Because of the hallway attack, for
interventions, initiate required the next 10 years, McNally will
disciplinary proceedings, or have to undergo brain scans and
follow diagnostic testing, court documents
say.
"As a result of permanent brain
injury, Brian McNally will always
be at risk for permanent brain
injury, paralysis, and/or death in the
event he suffers any type of inci-
dental impact in the future," the
lawsuit states.