Illinois school locked coatless fourth-grader out in the cold, family’s lawsuit claims

An Illinois school is being sued by the family of a fourth-grader who they claim was forced out of the school and kept outside in the cold.

The lawsuit filed against the City of Chicago, its Board of Education, and the school’s principal, counselor and security guard alleges that the child, being referred to as “K.S.” in legal proceedings, was taken into the front office of Fiske Elementary School on March 26 by a man identified as the security guard, who then ushered the child outside.

In security footage that the plaintiffs showed reporters on Tuesday, including  CNN and NBC Chicago 5, the guard, principal and counselor “created a barrier” to keep the boy outside without a jacket on a day where the high temperature was 46 degrees.

Dan Herbert, the family’s attorney, told reporters the child “sat outside in the cold, with a Polo shirt on, for 30 minutes, scared, traumatized and freezing. Thankfully, the police showed up.”

Mr. Herbert claims the child was “being harassed and bullied by the caretakers, that’s what makes this case overly egregious, and that’s why we filed suit for this young child.”

The boy’s mother, Yvonne Pinkston, claimed teachers had not done enough to prevent her son from being bullied and “even became abusive towards him.”

“Anything could have happened to my son out there,” Ms. Pinkston said. “Anything. In that neighborhood? Anything could have happened.” 

Mr. Herbert also claimed the school lied about the boy’s exit, claiming in a Chicago Police Department document that he “walked out of school and needs a report” after they called 911 to report the missing child.

“They said that this kid ran out of the school. He was thrown out of the school,” Mr. Herbert said.

A Chicago Schools spokesperson said the security guard was “removed from his position” and the principal is being investigated.

“These allegations are deeply disturbing, and we are fully committed to holding accountable any adult whose actions could have endangered a student,” they said.