A judge dismissed a child abuse and neglect claim from a lawsuit filed on behalf of a student who alleges he suffered permanent right eye damage from his confiscated laser device when his teacher shined it into his line of vision in the classroom in 2024.
In Monday’s ruling, Van Nuys Superior Court Judge Judge Valerie Salkin also said the boy’s attorneys will have to shore up the plaintiff’s claims for civil rights violations and punitive damages against Oaks Christian School and the teacher. She gave the lawyers 30 days to file an amended complaint.
The suit also alleges additional claims, including negligence, assault and battery.
In her ruling regarding the child abuse and neglect allegation, the judge said the boy’s attorneys alleged a civil violation of a criminal statute. But there is no private cause of action under that section and therefore the cause of action must be dismissed, the judge said.
In addressing the civil rights violation claim, Salkin said that by all appearances, the boy alleges the teacher shined the light in his eye negligently and not out of a desire to prevent him from exercising a constitutional or statutory right or to retaliate against him for doing so.
As for the boy’s request for punitive damages, nothing in his suit shows that the teacher acted maliciously or with an intent to harm the plaintiff, Salkin wrote.
In their previous court papers, defense attorneys said the boy had been disruptive in class. When the teacher offered to escort him to see the school nurse so she could look at his eye, he declined and said he did not want to be late for baseball practice, according to the defense lawyers’ pleadings.
The complaint states that the boy, now 14, was a seventh grade student at Oaks Christian when on April 29, 2024, he took a “532nm 5 mw high power green laser pointer torch” to school and it was confiscated by his teacher.
About a week later, the boy asked the teacher to return the laser pointer and she said she would do so at week’s end, the suit states. The teacher then began pointing the laser at various objects in the classroom, including walls and various body parts of students, the suit filed June 25 further alleges.
The boy was sitting in class doing his work when the teacher allegedly pointed the device at his right eye, at which time he noticed a bright green light, according to the suit. A case management conference is scheduled Feb. 11.
Minutes later, the boy experienced blurred vision in his right eye and he informed a classmate, the suit further states.
Oaks Christian is a college prep, day and boarding school for students in grades 4-12.