A mother is suing Chicago Public Schools after a 9-year-old boy was reportedly kicked out of the building on a 40-degree day without a coat.
Yvonne Pinkston, the boy's mother, and her lawyer Daniel Herbert filed a lawsuit on Monday in federal court, according to The Chicago Tribune. Herbert released video footage of the incident a day later.
The incident reportedly occurred in March after the boy, identified as K.S. in court papers, got into a fight with another student at Fiske Elementary School. After both boys were sent to the school counselor's office, a security officer allegedly "spoke aggressively" to K.S. and grabbed his wrist. He was taken to the principal's office, who then threatened to "put him outside."
She eventually ordered the security officer to throw the boy outside. The guard pushed the boy toward the door while the principal and counselor looked on. Another school employee stood at the entrance to block the boy from entering back into the building.
The lawsuit alleges he "began crying and looking for somewhere to stay out of harm's way."
After he was forced outside, a Fiske employee called the police to report the child missing. About 30 minutes later, an employee called 911 again to request an ambulance because the boy was "kicking, biting and scratching."
When the police finally arrived, the child was reportedly found "crying, cold and terrified." The lawsuit states he overheard the principal tell the police he ran out of the school.
The temperature reached a high of 46 degrees on that day in Chicago. He was only wearing a red uniform shirt and khaki pants.
Pinkston believes the employees compromised her son's safety because the school is located in a rough neighborhood, according to ABC News.
"I feel like everybody in the video that just sat there and just let it happen, nobody stopped it, someone needs to go to jail for it or something," she said. "That's neglect. It's endangerment. Anything could have happened to my son out there in that neighborhood."
The lawsuit stated the incident "left him with lasting, emotional wounds."
"K.S. sees a psychologist weekly to help him overcome the trauma he endured at the hands of the school administrators at Fiske," the lawsuit continued.
The concerned mother said her son didn't have any issues at school until he transferred to Fiske from another school in Indiana. Pinkston has since enrolled her son in another school and says he's doing fine.
The school district would not comment on the case but said the security guard is no longer employed, according to WGN9.
"Every CPS student deserves access to a safe and welcoming school environment, and the district takes seriously all allegations of student harm," the district said. "These allegations are deeply disturbing, and we are fully committed to holding accountable any adult whose actions could have endangered a student."
