Newark schools sued after teacher’s aide charged with beating 7-year-old boy – NJ.com

A mother has filed a federal lawsuit against the Newark Board of Education, claiming a teacher’s aide beat her 7-year-old son, who has autism, until he was bleeding and covered in bruises.

The aide, Corey D. Foushee, of Newark, was charged earlier this month with two counts of aggravated assault and endangering the welfare of a child, according to the Essex County Prosecutor’s Office.

Foushee, 33, could not be reached for comment Friday and it was unclear from court documents whether he has an attorney.

The alleged attacks occurred at Quitman Street Community School, according to the lawsuit filed Thursday. In an incident on April 13, Foushee allegedly dragged the child in his chair, pushed him down a staircase, then pushed him to the floor with an open hand.

“(The child) was covered with fresh bruises all over his body and face, and his tooth and mouth were bleeding as well,” according to the lawsuit filed in U.S. District Court in Newark.

A probable cause affidavit filed in the criminal case on May 10 said video footage shows the aide pushing the boy.

“School surveillance footage captures the defendant (Foushee) grabbing the victim by his shirt collar and forcefully pushing the victim down the hallway and down the staircase of the school,” the detective’s affidavit states.

The mother told police that her child was harmed by the same aide in a similar incident in fall of 2021, the detective’s affidavit said. The lawsuit said the earlier alleged attack was never investigated by school officials.

In addition to the school board, the lawsuit names the city of Newark, the Quitman Street Community School and Foushee.

“It is alleged (the defendants) were deliberately indifferent to this horrific physical abuse and that these violations and torts were committed as a result of long-established policies, practices and customs,” the lawsuit said.

Nancy J. Deering, a spokeswoman for the school board, declined to comment on the lawsuit Friday, saying the board does not comment on pending litigation.

Court documents state the mother took her child to a doctor, who recommended she take him to Newark Beth Israel Medical Center and call police.

Responding officers wrote in their report they saw bruises on the child’s back, chin and arms and that he “suffered an injury to his tooth, which was bleeding as well.”

An officer with the police department’s crime scene unit also responded to the hospital and took photos of the child’s injuries, according to a police report.

The lawsuit claims that officials with the school, district and the city “had for years known about several unrelated illegal assaults,” but they avoided documenting, investigating or reporting them.

In the April 13 incident, the lawsuit claims the school knew the child had been assaulted but failed to report it to the state’s Division of Child Protection and Permanency, which investigates claims of abuse.

The mother’s attorney, Patrick Toscano of Caldwell, filed a notice of tort claim earlier this month stating the family intended to sue the district for $2.5 million over the child’s alleged assault.

After Foushee was charged, Toscano sent an email to Newark Board of Education attorney Brenda C. Liss, saying he would seek nearly double the requested amount if a settlement can’t be reached.

“If your client refuses to settle this claim and a suit needs to be filed, our settlement demand will increase to $4 million,” Toscano said in the May 11 email obtained by NJ Advance Media.

Liss was not available to comment Friday morning. A staffer in the school board attorney’s office said Liss does not comment on pending litigation.

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Anthony G. Attrino may be reached at tattrino@njadvancemedia.com. Follow him on Twitter @TonyAttrino. Find NJ.com on Facebook.