Lawsuit claims teacher duct-taped boy's mouth shut

MORAGA, Calif. _ A recently filed lawsuit claims that an elementary school teacher twice duct-taped a boy's mouth shut but was allowed to keep her job.

The lawsuit names the Moraga School District, the teacher and the Los Perales Elementary School principal. It alleges that the teacher ordered the boy, who was 11, to retrieve the duct tape and hand it to her, and that she tore off a 6-inch piece of tape and stuck it to his face for several minutes while the boy's peers laughed at him. It claims she admonished her students not to tell their parents about the incident, saying, "What happens in room 22 stays in room 22."

The alleged incidents occurred in February and March, but the boy's parents initially didn't make him available for interview by authorities. However, investigators interviewed the boy Friday and will review the information with the district attorney's office, Moraga Police Chief Jon King said.

The boy was identified in the lawsuit only as "John Doe."

Larry Cook, the attorney hired by the boy's family, said there were other witnesses to the incident. He said the duct tape caused visible markings to the boy's face and that peers began teasing him, saying he was "wearing lipstick" because his lips were so red and swollen.

"If you or I walked up to a child in the street and plastered tape all over their face, we'd be arrested for that," Cook said.

Later, he said: "This occurred in front of a classroom full of children. The child made reports to adults about the occurrences. The child told his parents, the parents contacted the school, and no one has denied that the two incidents occurred."

The suit also claims that, before duct-taping the boy, the teacher threatened to duct-tape other students' mouths if they would not "shut up." On another occasion, the suit claims, the teacher pretended to place her hands around Doe's neck and choke him.

Cook said that after the student reported the duct-taping incident, the teacher was put on leave for several weeks, but then returned to her job. He said the boy moved to another class but still had contact with the teacher throughout the year.

"There wasn't an effort on the part of the school to be very sympathetic to the needs of the child in this case," Cook said.