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LOS ANGELES (CNS) - A lawsuit filed on behalf of a 12-year-old boy who was allegedly forced to wear a trash bag and sit in class in urine-soaked clothes after his teacher refused to let him use the restroom in 2018 may be settled before trial, an attorney for Los Angeles Unified states in new court papers.
Lawyer Michele Goldsmith, in court papers filed Tuesday with Los Angeles Superior Court Judge Jill Feeney, said that while issues remain, the parties are "guardedly optimistic" a resolution can be reached.
Goldsmith's assessment was contained within a joint filing by the LAUSD and attorneys for the plaintiff, identified only as K.D., seeking a postponement of the upcoming trial, citing discovery still to be done as well as the involvement of the attorneys in other cases.
Feeney granted the motion and rescheduled trial for next Aug. 23.
The suit filed in October 2019 alleges that a staff member at Manhattan Place Elementary School would not allow the boy, then 8 years old, to visit the restroom when he requested to do so in November 2018. When the boy said he could not wait to use the toilet, the employee allegedly told him he could uriniate in a garbage can at the front of class.
A faculty member instructed the boy to wear garbage bags to cover his urine-soaked clothes, according to the suit.
"Instead of providing K.D. with any additional assistance or calling his parents, K.D. walked around school for the rest of the day in urine-soaked clothing," the suit states.
On another occasion on a day in March 2019, K.D.'s substitute teacher refused to allow the boy to leave to use the bathroom and when K.D. insisted, the teacher told him not to return if he left the classroom, the suit states.
The boy had no choice but to use the restroom and when he returned to the classroom the door was locked, the suit alleges.
K.D. was later transferred out of Manhattan Place Elementary School, but he continues to experience bullying and a hostile environment, and has grades have declined, according to the suit.