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Tentative settlement reached in federal teacher assault lawsuit

By Susy Kelly skelly@heraldstandard.Com 3 min read

The parties in a civil lawsuit involving a teacher accused of assaulting a student have tentatively reached a $95,000 settlement agreement, according to recent filings in federal court.

The plaintiff, Christine C., and her son, S.H., stated in a complaint filed in 2012 that S.H. was a fifth-grader at Cardale Elementary School when he was allegedly choked and slammed against a wall by 54-year-old Deanne Wienk, a teacher with Intermediate Unit 1 (IU1).

In a petition submitted to approve the settlement agreed upon by both sides, attorneys Joel Sansone and Jonathan M. Gesk, who represent the plaintiffs, said $50,000 is to be put in a structured settlement annuity, which will provide for five annual payouts to S.H. beginning when he turns 24 and ending at age 28.

The attorneys stated $17,528.85 would go to Christine C., for care and providing for her son.

The state Department of Public Welfare would receive $2,379.05, Sansone and Gesk said, to cover the cost of S.H.’s treatment following the injury.

Sansone and Gesk would receive the balance of the settlement, or $23,750.00 in fees for services and $1,342.10 in related expenses.

In the petition, the attorneys called the settlement fair and reasonable, given that S.H. had no permanent injuries, has returned to public schooling, is maintaining honor roll and participating in sports.

They also called the settlement reasonable because “it provides S.H. with significant financial resources to greatly assist him in post-secondary school, while at the same time allowing him to move on from this incident and not requiring his testimony at a deposition or trial.”

Sansone and Gesk noted this appeared to be an isolated incident as opposed to a pattern of conduct on Wienk’s part.

In addition to the federal suit, Wienk also faced simple assault and harassment charges, and at a preliminary hearing in 2012, the student testified that Wienk was trying to get several unruly students to behave while in two lines at the school.

After she specifically instructed one of the students to listen to her, the boy testified that she grabbed him by the throat and slammed him against a brick wall.

Court records indicate he was diagnosed with a cervical neck sprain the day after the alleged incident. He was later also diagnosed with a closed-head concussion at UPMC-Mercy hospital in Pittsburgh.

In October 2013, Wienk was admitted to the Accelerated Rehabilitative Disposition (ARD) program for six months and after completing the program, her criminal record was expunged. ARD is not an admission of guilt.

In her answer to the federal complaint, Wienk contended the incident started because S.H. was mocking her, and that she never assaulted him. Wienk, who was represented by attorney Paul D. Krepps, claimed she tried to ignore the behavior at first, then instructed S.H. to stop and line up. She contended when the boy continued to mock her, she walked toward him. The boy walked backwards, she contended, toward the wall.

Wienk maintained she never choked the boy nor caused his head to strike the wall.

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