Federal Judge Allows Wrongful Death Suit Against Little Rock School District to Proceed on Federal and State Claims

LITTLE ROCK (LN) — U.S. District Judge Brian S. Miller denied the Little Rock School District’s motion to dismiss most claims in a wrongful death lawsuit brought by ShaNetra Frazier, the special administrator of the estate of her son, Bralon Frazier Jr., who died at Fullbright Elementary School in November 2022.

The complaint alleges that Bralon, who was severely mentally and physically disabled, relied on a G-tube for feeding and could not speak, walk, or swallow. It alleges that two paraprofessionals assigned to his care were absent on the day of his death and no substitute was provided.

According to the complaint, Janet Miles, a paraprofessional not trained to feed students with G-tubes, fed Bralon mid-day. After he vomited, Samantha Mehran, another paraprofessional, removed him from his activity chair and placed him on his back. Teacher Katherine Woodling joined Mehran, and they changed Bralon’s clothes and returned him to his chair without calling for medical assistance, the complaint alleges.

The complaint alleges that approximately 30 to 40 minutes later, Woodling called for help. A school nurse arrived and performed CPR, but Bralon was pronounced dead.

Frazier sued the district and the three employees under 42 U.S.C. Section 1983, the Americans with Disabilities Act, and the Rehabilitation Act, alleging deliberate indifference and failure to train. She also brought state law claims for negligence, wrongful death, vicarious liability, outrage, and under the Arkansas Civil Rights Act and the Arkansas Civil Action for Crime Victims Act.

Miller ruled that Frazier sufficiently alleged that the district had actual or constructive notice that Miles was inadequately trained to feed students with G-tubes and that the district deliberately ignored the risk. The court held that the allegations were enough to survive dismissal on the Section 1983 and disability claims.

The court also denied the district’s motion to dismiss the state tort claims and the civil action by a crime victim claim, allowing Frazier to proceed with discovery on the issue of whether the district carries liability insurance.

However, the judge dismissed Frazier’s request for emotional distress and punitive damages on the ADA and Rehabilitation Act claims, citing Supreme Court precedent that bars such remedies under those statutes.

Miller also dismissed the outrage claim against Woodling and Mehran, writing that while the case is tragic, Frazier failed to show the defendants’ conduct was “beyond all bounds of decency and utterly intolerable in a civilized community.”