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Yorktown BOCES Student Sues Over Broken Arm

A lawsuit filed last week claims two BOCES aides broke the arm of a student during a dispute.
A lawsuit filed last week claims two BOCES aides broke the arm of a student during a dispute. Photo Credit: Brian Marschhauser / File

YORKTOWN, N.Y. ? A 12-year-old Tarrytown boy and his mother have filed a federal lawsuit  over an incident during which two aides at the Walden School in Yorktown Heights allegedly broke the boy's arm.

The  lawsuit, filed Feb. 12,  seeks punitive damages and reimbursement of medical expenses from Putnam/Northern Westchester BOCES, which operates the school.

In June of 2012, Timothy Thigpen had heated words with a teacher and stepped into the hall to give himself “a self-imposed timeout to cool down,” said Thomas Cascione, an attorney representing Timothy and Annie Thigpen.

“He got upset about something, I don’t know what,” Cascione said. “Two aides decided to take him into a timeout room. He didn’t want to go into the room.”

Thigpen began walking back to the classroom, but the aides ? Wesley Curtis and Andrew Krzeminski –  allegedly grabbed him and dragged him back to the “timeout room,” Cascione said. He said Thigpen resisted.

“They get him into the room, throw him down on the ground, start twisting his arm, and they break his arm,” said the attorney.

The lawsuit claims the aides twisted Thigpen’s arm to “teach him a lesson,” but that the lesson went too far.

Cascione said a judge has already taken testimony from Timothy and Annie Thigpen, and that BOCES must now formally respond to the suit.

Ellen Lane, a communications coordinator for BOCES, said the school can't comment on pending litigation.

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