A Long Island second-grade teacher is accused of tormenting special education students—locking them in closets, hitting them with textbooks, and dragging them across the classroom floor. Now, families are fighting back with a $22 million legal claim, saying the school district ignored years of warning signs.
Families represented by Merson Law, PLLC have filed Notices of Claim against the West Hempstead Union Free School District, alleging severe physical and emotional abuse committed by former teacher John O’Dwyer during the 2023–2024 school year. The Notice of Claim is an essential legal step required to initiate a formal lawsuit against a public entity in New York State.
Attorney Nathan Werksman, partner at Merson Law, is leading the legal effort. He emphasized the horror of the allegations: “The abuse—both physical and psychological—inflicted on these special needs kids at Cornwell Avenue Elementary is every parent’s worst nightmare.”
Disturbing Details of the Allegations
Among the distressing incidents detailed in the claims, families assert that O’Dwyer:
- Locked terrified students in dark closets, holding doors closed until they screamed for help.
- Physically grabbed children by the neck, dragging them across the classroom.
- Dropped heavy textbooks onto students’ heads, causing pain and fear.
- Struck students with fists, rulers, and other classroom objects.
One parent described the chilling experience of her son, who repeatedly pleaded, “I don’t want to be alone with the teacher,” unaware of the true reason behind his fear until much later. Another parent, an NYPD veteran, described how his daughter was left traumatized, becoming afraid to participate in learning activities.
School District’s Alleged Neglect
According to the claims, the West Hempstead Union Free School District was reportedly aware of the abuse and failed to take appropriate action. Allegations indicate that an assistant teacher witnessed much of the abuse but that complaints were largely ignored, effectively allowing the harmful behavior to continue unchecked.
The district eventually acknowledged the allegations and confirmed the launch of its own internal investigation, as initially reported by News12 and covered extensively by the New York Post. Nonetheless, many parents feel this response was too little, too late.
Legal Action and Seeking Justice
The family at the center of this particular Notice of Claim seeks $22 million in damages, a clear reflection of the severe physical, psychological, and emotional harm allegedly endured by their child. Several other families are expected to file similar claims, underscoring the widespread nature of these disturbing allegations.
Werksman added, “What’s most disturbing is the district made these parents feel like they were wrong for asking questions. That level of gaslighting is unacceptable in any school setting—especially one trusted with special needs students.”
Supporting Families and Advocating for Change
At Merson Law, PLLC, we have a proven track record of aggressively representing victims of abuse and neglect, ensuring accountability, and fighting tirelessly for justice. Our firm specializes in high-profile sexual assault and physical abuse cases involving institutions, schools, and entities that have failed to protect individuals from harm.
Our legal team provides Trauma-Informed Legal Representation, ensuring sensitive handling of cases and offering comprehensive support throughout the legal process. Families affected by these abuses also have rights under the New York Child Victims Act, which allows survivors extended opportunities to seek justice.
If your child has been a victim of abuse or if you have any information regarding misconduct within the West Hempstead Union Free School District or elsewhere, we encourage you to reach out immediately. Our trauma-informed legal team is here to support you every step of the way.
Contact Merson Law Today or call us at (212) 603-9100 for a confidential consultation.
Additional Resources:
- New York State Education Department – Reporting Child Abuse
- Recognizing and Preventing Child Abuse – CDC Guidelines
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