Scribd Logo
Upload

Welcome to Scribd!

  • Midwest Academy Lawsuit - 3/15/16

    Uploaded by

    KHQA News
    2K views35 pages
    Six former Midwest Academy students sue Midwest Academy.

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    Six former Midwest Academy students sue Midwest Academy.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    2K views35 pages

    Midwest Academy Lawsuit - 3/15/16

    Uploaded by

    KHQA News
    Six former Midwest Academy students sue Midwest Academy.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 35
    [E-FILED 2018 MAR 15 1048 AM LEE SOUTH -KEOKUK - CLERK OF DISTRICT COUR’ |OWA DISTRICT COURT IN AND FOR LEE COUNTY AT KEOKUK No. L/L. 066303 PETITION AT LAW & DEMAND FOR JURY TRIAL Plait vs MIDWEST ACADEMY, L.L,C MIDWEST TWISTER, 1.L.C. MIDWEST ACADEMY TREATMENT, LLC MIDWEST ACADEMY SCHOLARSHIP FUND, INC, BENJAMIN TRANE, Defendants and through her attoreys, Cuts Dial, Law Offic of Curtis Dial, 401 Main St, Su ites, Keokuk, 1A 52632 and David Ferleger, Law Office of Davi Ferieger, 4 Johnson St. Suite 203, Jenkintown, PA 19046, and for their Petition at Law and Jury Til Demand state to the Cour the fllowing EE-FILED 2018 MAR 15 1048 AM LEE SOUTH- KEOKUK - CLERK OF DISTRICT COURT Plants 1. Thi lnwsity sn former students at Midwest Academy whote stays a Midwest cover the 17-month prod November 2010 through March 2012 (ninus a and «half month hiatus) andthe 23.month period fom November 4, 2013 through September 28,2015, They are joined by parents, Defendants ae several cater go ieteslocking lows corporate entities, lung the landowner doing busines a Midwest Academy andthe diretor-owner of Midwest, Benjamin ‘Trane. This lawsuit ass legal lain under Iowa common law and one lowa Statutory cai. The suit secks compensatory damages, punitive damages, and refund of tuition an al cther payments made fo Defendants 2, Plone hel at Midwest Academy for more than a year om June 242014 to uly 9, 2015 3 Pini cM aso sen: hte Midwest Academy almost yet, fom cote 18, 201 Seen 2,205 on TT Plein I ore the parents of 4. Plants III wos» student held st Midwest Academy for almost nine ‘months ffom February 2014 to November 2014. Paint I he — 5. Pain as sen ed Midwest Aenany frais ager fom hune29, 2014» May26, 2015 Pini I ect pees 6. Plinth t Midwest Aca fom Novenber 2010 March 2012, ih wo anda almost hus. ii 1 FILED 2016 MAR 15 10.8 AM LEE SOUTH KEOKUK - CLERK OF DISTRICT COURT Es: 1, Plaintiff. was a student held at Midwest Academy for bout a year tom November 4 2013 though November 15, 2014 lini he mother of2.D. « minor and sues on his behalf nd on her own behalf 8 Allthe events set forth in his Petition occured in Lee County, Iowa in faciiis owned and controlled by Lowa entities Defends 9, Defendant Midwest Academy, LLC. and Defendant Midwest Twister, LLC. (Midwest Actdemy” or *Midwes”) operate and own Midwest Academy, 2416 S40" Stet, Keokuk, 1A 52632, and own 2726 255* St, Montrose, 1A 52639. Defendant Ben Trane was hired tobe the Diosor of Midwest 10, Defendant Midwest Academy Scholarship Fund, Inc, organized and incorporated by Defendant Ben Trane February 15, 2013, at Midwest Academy's adres, urponts o be a non-profit ongaization o soli gifs, grants, devises or bequests of el or personel property. Defendant Benjamin Trane is the Director, Presiden, Agent and Contact forthe Fund. The Articles of Incorporation sae tha! itis intended to quality a a federl tex-exempt organization under Section S01(€\3) ofthe Intemal Revenue Code; however, appears tht the Intel Revenue Service des not is this Fund a «Section 501(2(3) organization. (The Midwest ‘Academy Scholarship Fun, LLC. bad been organized January 25,2007, Business No, 340454, but it was dissolved by “Sole Member,” Benjamia Tran, December 1, 2012, wit fling of solution, January 7, 2013). On information and belief, Midwest Academy Scholarship Fund, Ine, the operations of which is ul 12 4 in the control of Defendant Benjamin Trane, provided funds for operation of Midwest Acsdemy and was aware of and complicit in the conditions, practices and policies described herein, Defendant Midwest Academy, L.L.C. is an active business incorporated in the State of lowa, Business No. 278943, with «filing and effective date of May 30, 2007, at 2416 340" Steet, Keokuk, 1A 52632, The registered agent is the same as tat of Midwest Academy, LL.C., Mark R. Adams, 4201 Westown Pavkway, Suite 250, West Des Moines, 1A 50266. Defendant Midwest Academy Treatment, L.L.C. is an active business Incorporated in the State of lows, Business No. 346629, with a filing and effective Gate of April 25, 2003, at 2416 340" Street, Keokuk, 1A 52632. The registered agent is the same Mark R. Agams, 420] Westown Parkway, Suite250, West Des Moines, 1A 50266. Defendant Benjamin Trane i the sole adopter of the Axticles of Organization of Defendant Midwest Academy Treatment, L.L.C. Defendant Midwest Twister, LLC, which, asset forth in Lee County property records, is “doing business as” Midwest Academy, owns 2416 340" Street, Keokuk, 1A 52632 (43 acres) and owns the property al 2726 255" Ave., Montrose, 1452639 (26 acres). Ownership of both properties was transferred to Midwest ‘Twister, LLC. on Ostober 17, 2006, . The corporate entities are alter egos of one another fr all purposes relevant to this Petition, They are responsible for the operation of Midwest Academy, and the hiring, supervision and retention of all employees, and of Defendant Benjamin Trane. They are responsible for the creation, adoption and implementation of all E-ILED 2016 MAR 16 10:49 AM LEE SOUTH - KEOKUK - GLERK OF DISTRICT COURT "les, practices and policies of Midwest Academy. Each corporate entity defendant was aware of and complicit in the conditions, practices and policies deseribed herein. 15, Defencant Benjamin Trane is the director and owner of Midwest Academy, and acted in that capecity during all yimes relevant to thie Petition. He was responsible for the operation of Midwest Academy, and the hiting, supervision and retention ‘ofall employees, and for clinical decisions and other decisions regarding care of ‘students, admissions, discharges, transfers, and the like. In practice, he wielded the power fo overrule decisions of the few licensed staff (Benjamin Trane di not havea college degree), He was responsible for the creation, adoption and implementation of all rules, practices and policies of Midwest Academy, TI. Midwest Academy! 16, Midwest edvertises and represents that that it provides many services as a “specialty school” committed o finding the most appropriate care for each child, nd that it provides “effective” care for children with problems with authority, Personal and emotional functioning, including children with mental health needs, ‘Midwest staff are represented by Midwest as having the role of ensuring that each child receives quality care and effective growth opportunities. The Midwest seademie program is represented io parents as being a progressive academic curricalum Which is in¢ividualized end competency based. The number of 1 Midwest Academy remains open although, at this time, the children have bea removed, af Jeast temporarily. upon order of the State of lowa, after Midwest wes aided by the United States Federal Bureau of Investigation, and State of lowa and Lee County Jaw enforcement and othe: government agencies. This Petition describes conditions and practices inthe present tense to which Plaintiffs were subjected. 5 E-FILED 2018 MAR 16 10.49 AM LEE SOUTH - KEOKUK- GLERK OF D'STRICT COURT students has varied; its student body has been in the range of 100, 17. Midwest Academy maintains a culture of punishment, confinement, coercion, physical confrontation and violence It seeks to break the will ofthe valnecable children entrusted to its care through # harsh and inflexible indoctrination system, Every child witnesses actions teken agains the others, and is placed in fear of similar victimization, Every child is at risk and suffers within the ilegal end chomanizing environment imposed ané enforced by Defendants 18, Midwest Academy uses a privilege and punishment system, subjecting all students to the same system, regardless of each students individual needs, cireamstances, maturity, developmental level, mental health dlagnosis, meatal disorder, eduestional needs, trauma history, age, and other veriables, 19. Points are earned or lost, and levels gained or taken away, atthe discretion and whim of saff, as well as under vague and irrational “rules.” Movement to higher levels is determined by votes, with those voting including other students as well 48 staff Such movernent is not hased on professional judgment. Staff often mock orprovoke students, causing them to react, and thus lose points, resulting ip longer confineinent et Midwest, 20. Midwest Acedemy’s regime includes forced silence, end punishment for breaking silence, For example, Level 1 students are forbidden to spedk to anyone except staff, Girls at Levels 1 through 3 are forbidden o look zt a mirror, Level | through 3 students is forbidden to talk until “alk time” for ebout 3010.45 minutes after school. 21, Midwest Academy provides insdequate natrtion. Level 1 student are forbidden to E-FILED 2016 MAR 15 10:48 AM LEE SOUTH - KEOKUK - CLERK OF DISTRICT COURT ‘use sal, pepper or other condiments for any food. 22. Midwest Academy staff ere not adequately tained or supervised, They are hited with inadequate background and child abuse screening, They are retained inappropriately. 23. The number and training of won-professional staffs insufficient. or exatmple, students ae used to staff other students éue to the insufficient number of paid ‘staff Stadents are used by stafTvo assist in physically restraining and subcuing other students. The number and qualifications of professional staf is inadequate 24, Midwest Academy, the name and advertising of which indicates that it isa “school,” induced pareats and students with false representations that it was an accredited school, It wes not a school accredited by the State of Iowa, 25. Children, including especially children with mental health issues, leerning differences, end challenging behaviors, ypical of Midwest students, require individualized attention and an individualized plan of care, considering their individual needs, circumstances, maturity, developmental level, mental health diagnosis, mental dicorder, educational needs, trauma history, age, and other variables. These minima arc not provided in the regimented, restrictive and oppressive Midwest system, 26, OSS" segregation is « sinall box, It is about 6 feet by 8 fect in size. Lying down with his head against one wall, on¢ named plaintiff; who is 6°4" tall, could touch the opposite wall with his feet, OSS has a hard cement floor and is fundamentally an isolation box. OSS is intensive deprivation. Bright lights are kept en 24 hours ¢ 2 “OSS is the acronym for the Midwest Academy eupheraism, “Out of School Suspension.” 7 E-FILED 2016 MAR 15 10:48 AN LEE SOUTH -KECKUK - CLERK OF DISTRICT COURT ay. The r90m is entirely bare except or a mattress put onto the floor at night and, after child is alone in the room for 19 hours, sitting absolutely still. After 19 hours, a single chair is provided, 27. Children have been confined in OSS for days and weeks ata time. 28. The system on being placed into OSS is eslled, “Structure.” On placement irso "he segregation room, the room is bare of any fumiture or anything else. First, the student is required to sit in “Structure” for 19 hours running, absolutely still. For the 19 hours on the cement floos, children are pemnitted only certain sitting positions; for example, one’s legs might be crossed, One can have one leg up, both legs up, or both legs out. One has ta ask permission to change leg positions. One could change leg positions not at will, but about every hour. After 19 hours, children are given a chair. At that time, “Chair Structure” begins with similar restrictions on body movement in the ch I? Structure oveslape with nighttime, either the 19-hour time peried is halted and then resumes on awakening in the morning, or, if staf decide, the 19-hour period might be permitted to nm during the night, At night, chiléren are given a mattress to place on the floor. Obedience to the OSS Structure rl is enforced by “higher level" other etudents who wateh forrule violations, these students are called “rovers.” 29. The time period in OSS segregation is ¢ minimum 24 hours, At the 23d how the student is required to write a 1,000 word essay to obtain release from the fist ‘commitinent to OSS, For each subsecuent commitment to OSS, the essey length {increases by 1,000 words. Once & student is up to writing « 26,000 word essay, the word count is reset back to 1,000 words for the next OSS commitment, Multiple EFILED 2016 MAR 15 10:40 AM LEE SOUTH - KECKUK -CLERK OF DISTRICT COURT students have reached the 26,000 word essay requirement 30. OSS segregation boxes often are filthy with urine and feces, 31. The “Structure” ean be restarted for viclation ofa rile. During OSS segregation, the student is tested on comprehension of motivational tapes blasted from @ speaker an the ceiling 32, Litle food is provide to the students in OSS segregation. Typically, Breakfast is 4 Peanut Butter and Jelly sandavich, with pickle slices and a box of raisins (sometimes & half orange ora half banana, and sometimes mill); Lunch is @ ‘Turkey sandwich with 2 slices of lunch ment trkey, pickle slices and a box of raisins and water; and Dinner is also a Peanut Butter and Jelly sancwich, with pickle slices and a box of raisins end water. 35. This isa starvation diet. The OSS segregation three-sandwich regime provides for a full day a total of only about 802 calories per day.’ This is less than half teenagers’ required daily calorie need. 34, Midwest Academy “supervises” the distribution of medication to its students, including prescription medication, However, medication is often distributed not by nurses but by regular dorm staff who, on information and belief, are untrained in proper medication administration procedures, Medical care is inadequate and 3. Source: computed from WebMD. corn. 4 For sedentary males age 13 to 14, the estimated calorie need is 2,200 calories. For ages 15, the need is 2,200 calories, and for ages 16 to 18, the need is 2.400 calories For sedentary females age 13 the estimated daily calorie need is 1,600 calories. For ages 14 through 18, the need is 1,800. Source: US. Department of Health and Human Services, and U.S. Department of Agriculture, 2075-2020 Dietary Guidelines (Message from the Secretaries, at www,health.sov), at Appendix 2 10 E-FILED 7016 MAR 16 10:48 AM LEE SOUTH -KEOKUK - CLERK OF DISTRICT COURT ro tiny 35, Midwest Aeademy uilizes a compote-based academic system bathe “schools ‘ol secreted by the Iowa Deparment of Eduation. However, Paints were falsely assured tat Midwest was a school accredited sa school. Staff identified ‘ss “eachers" grade certain material produce by students bu such grading is not part ofan accredited schoo! system, Asa result the v ity oF the high schoo! iplomasieued by Midwest isin question, and the students’ ability o use such diplomas to obtain cllege amision, bin employment end the like, osbifl, The Midwest diploma is bogus 36. "“Lower Level” students are humiliate. Fr example, Level 3 students have been ‘compelled to cleanup other students urine and blood. One tie in the shower, ‘oysad drawn onthe wall with foes and the girs were fered to lean it up 37 Students ae embarassed and hunistd by stff who were no licensed ‘therapists reveling persona infommatio, including sexual information to cher scudeos, Psi TE for example, witesed Paint HER '

    You might also like