Collin County lawsuit seeks damages for 'offensive physical contact' against 5-year-old boy at Rucker Elementary School

The Prosper Independent School District has moved to dismiss a lawsuit involving the alleged physical assault of a 5-year-old at Rucker Elementary School, marking the latest legal issue in a string of troubling court filings against the district. 

The civil lawsuit filed March 25 of this year by parental rights lawyer Janelle Davis, located in Prosper, on behalf of the Collin County boy and his mother, seeks monetary relief of an unspecified amount for “mental anguish, pain, humiliation, emotional distress, and compensatory damages.”

Along with the school district, the suit names Peggy May, who was the boy’s teacher when the incident occurred on March 23, 2023. According to a court official, the case is assigned to Judge Andrea Bouressa of the 471st Judicial District Court in Collin County with the first court date set for June 25.

According to the complaint, “while attempting to discipline the boy she (May) intentionally stepped on his leg as he tried to crawl away from her. She also grabbed the student by his ankles and dragged him across the floor while he was sitting,” resulting in “visible, documented injuries.” Documents say that “no one intervened to protect” him.

The Texas State Board of Education did investigate what happened and May received a reprimand on Oct. 16, 2023, according to the complaint.

That is not enough for the plaintiffs, however. It is alleged that the incident has resulted in both physical injuries and mental anguish for the child. Additionally, his mother continues to suffer emotional distress over the occurrence, which she knew nothing about until a Prosper ISD police officer informed her after 6 p.m. on the day of the incident, according to the complaint.

Rucker Elementary is the same school campus that is being sued by victims’ families over the sexual molestation of two students on their school bus numerous times during the 2021-22 school year, the complaint said, citing a “larger pattern of students being abused and staff failing to intervene.” 

It is alleged that “despite warning signs throughout the year no one at Rucker Elementary asked questions or investigated any of the concerning behavior.” According to Fox News, bus driver Frank Paniagua, in his 60s, took his own life while incarcerated after his May 2022 arrest in connection with the assaults. 

Marisol Balderas is the principal of Rucker Elementary School.

The complaint goes on to cite an unrelated incident wherein a school bus driver assigned to Rucker Elementary kept students on the bus for an extended period of time without proper air conditioning in August after allegedly getting lost at the start of the 2022-23 school year.

As per the complaint, “PISD did not adequately communicate what was going on to parents, which led to worry and several parents following the bus and forcing it to pull over so they could get to their children.”

The complaint states the belief that no administrative staffer at Rucker Elementary or within PISD has been disciplined or fired for inaction in any of these incidents involving school bus drivers.

Typically, the Texas Education Code exempts employees from personal liability for actions within the scope of their job duties; however, the complaint highlights that there is an exemption to this sovereign immunity when “a professional employee uses excessive force in the discipline of students” or there is “negligence resulting in bodily injury to students."

The four-count lawsuit accuses all defendants of negligence and specifically faults the school district with failing to exercise reasonable care in hiring, supervising, and training May and other employees. Count two blames all defendants for intentional infliction of emotional distress based on conduct it considers “extreme and outrageous.” Count three holds the teacher and school district liable for a breach of fiduciary duty resulting in injuries, while count four names “offensive physical contact” and refers specifically to May.

Besides the motion to dismiss, no other motions have been filed at this time, a court official told Collin Times on May 3. While Davis could not be reached for comment, her complaint raised the possibility of a dismissal request from the defendants for failure to exhaust administrative remedies before heading to court. Among reasons to reject that avenue, the complaint said there is no question of what occurred, and that the commissioner lacks authority to provide adequate relief.

Meredith Walker, the Irving attorney handling the case for PISD, did not return a phone call for comment.