NOTICE OF CLAIM

1).CLAIMANT: Name:

O.G. by and through his G.A.L. Rev. Darryl George and Brenda Barnes-George

Address:

[edited]

City:

SHORT HILLS

State:

NEW JERSEY

Zip Code:

07078

Telephone:

[edited]

Date of Birth:

[edited]

Social Security No.: Number of Dependant(s):

2).NAME OF REPRESENTATIVE:IF NOTICE AND CORRESPONDENCE IN CONNECTION WITH THIS CLAIM ARETO BE SENT TO A PERSON OTHER THAN CLAIMANT, PLEASE COMPLETEITEM # 2. Name:

DAMICO, DELSARDO & MONTANARI, LLC

Address:

300 LACKAWANNA AVENUE

City:

WEST PATERSON

State:

NEW JERSEY

Zip Code:

07424

Telephone:

(973) 785-8181

Relationship, if any:

ATTORNEY

3).A)DATE OF ACCIDENT OR OCCURRENCE WHICH GAVE RISETO THIS CLAIM:Date:

March 4, 2009

Time:B)DESCRIBE THE LOCATION OR PLACE OF THE ACCIDENT OR OCCURRENCE.Municipality:

MILLBURN, NEW JERSEY

Exact Location:

MILLBURN HIGH SCHOOL, MILLBURN, NEWJERSEY

C)DESCRIBE HOW THE ACCIDENT OR OCCURRENCE HAPPENED. IF ADIAGRAM WILL ASSIST YOUR EXPLANATION, PLEASE USE THEREVERSE SIDE OF THIS FORM.

O.G was a student enrolled at Millburn High School. From the onset of hisenrollment at Millburn High School, O.G. was subject to racial slurs,terroristic threats and physical brutality by other students at Millburn HighSchool.On more than one occasion, O.G. suffered physical injuries as a result of anassault by other students. O.G. suffered a fracture to his nose as a result of aracially motivated attack by another student under the control and/orenrolled at Millburn High School.O.G. and his family continuously reported the aforementioned incidents toschool administration. The District failed to remediate the hostileenvironment and/or take any corrective action.On or about January 8, 2009, O.G. was physically threatened and wassubjected to additional racial slurs by students enrolled at Millburn HighSchool while on school premises. The aforementioned was reported toMillburn High School Administration. No remedial action was taken and/orcounseling offered to any of the parties involved.On or about January 9, 2009, a hostile incident occurred where O.G. wasfurther threatened and assaulted.On or about January 9, 2009, O.G. was the only student to receive asuspension as a result of the incident. O.G. was treated differently thanothers similarly situated due to his race.On or about February 16, 2009, the Millburn Board of Education conductedan expulsion hearing wherein all the testimony offered was that O.G. wasengaged in a scuffle with another student, but at no time possessed a batand/or caused any physical injuries to any party.In addition, testimony was offered by O.G. demonstrating that he and hisfriends were subjected to racial slurs by the individuals engaged in theaforementioned assault upon O.G. and that same was reported to the schooladministration.

Further testimony was offered wherein other white students engaged insimilarly charged conduct as O.G. were at no time expelled nor was anexpulsion sought.While the Board of Education was in the process of rendering a decision,they openly heard facts and opinions from the public in O.G.’s absence.On March 4, 2009, the Board of Education expelled O.G. from MillburnHigh School.

D)STATE THE NAME AND ADDRESS OF THE MUNICIPALITY OR AGENCYTHAT YOU CLAIM CAUSED YOUR DAMAGE.

MILLBURN BOARD OF EDUCATION, MILLBURN HIGH SCHOOL

E)STATE THE NAMES OF MUNICIPALITY'S EMPLOYEES WHOM YOUCLAIM WERE AT FAULT, INCLUDING ANY INFORMATION THAT WILLASSIST IN IDENTIFYING THEM.

MILLBURN BOARD OF EDUCATION, , Samuel D. Levy, Noreen Brunini,Michael Birnberg, Lise P. Chapman, Debra Fox, Scott A. Kamber, JanetLandau, Jeffrey Waters, Mark Jay Zucker, Richard l. Brodow, Ed. D., Dr.Michelle Pitts, Dr. William Miron.

F)STATE IN DETAIL EACH AND EVERY NEGLIGENT OR WRONGFUL ACTOF THE MUNICIPALITY AND MUNICIPAL EMPLOYEES, WHICHCAUSED YOUR DAMAGE.

All employees mentioned in (E) above are responsible for the following:Careless, Negligent, and or Reckless by expelling O.G. without sufficient cause.Careless, reckless, and negligent by failing to discipline students for racial remarksand/or attacks.Careless, Negligent, and Reckless by failing to properly investigate claims of racialhostility and/or hostile environment throughout the District.