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Lawyer: Video Proves Schools Claims Are 'Total Fiction,' District Misled Investigators In Assault Inquiry

BRENTWOOD, N.Y. (CBSNewYork) -- A video has emerged from a Long Island high school hallway showing a teacher placing a 14-year-old special education student into a headlock, and then dragging him outside.

The teacher claimed the student struck first, but newly released video calls into question that version of events.

As CBS2's Carolyn Gusoff reported, most students in a hallway designated 'one way' were following the flow. But one student is walking against the traffic, and a teacher in red stops him, appears to shove him against a wall and drag him away in a headlock.

"The teacher from out of the blue comes up from behind him and assaults him. Literally throws him against a wall, puts him in a full nelson, lifts him off the ground," attorney Kenneth Mollins said.

It happened in 2014, but the video has just been made public now.

Mollins said he received it anonymously, which is astounding -- he said -- because at the time, the Brentwood School District refused to release the video.

Claiming that the student, "struck the teacher in the abdomen and shoulder, then shoved the teacher, then became uncontrollable."

"It is total fiction, total lies. He is non-aggressive, he is non-violent, he is non-confrontational," Mollins said.

Then the teen was handcuffed and held down on the ground.

Mollins said the tape proves the teacher overreacted, and the district misled investigators.

"There was no emergency intervention. This bully teacher attacked this kid," Mollins said.

Parents of the then 14-year-old special education student declined to comment, and have dropped their lawsuit.

Mollins is calling on the district to remove the teacher for using unprovoked force against a student whose disability is difficulty following directions.

A state investigation cited the district for lack of training, but didn't question its use of physical force.

The district told CBS2 the incident was given top priority, the matter was investigated and completed, and the district implemented corrective action.

Students said it seemed like a common and minor infraction.

"To be honest, in every other high school you don't go one way, you go any way you want," one student said.

There are now calls to reopen the case.

CBS2 asked the state education department if investigators ever reviewed the video tape, they have not responded.

 

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