A former homeland security teacher at the Williamsport Area School District has been sued for allegedly allowing a special education student to be secured to a backboard with a strap below his neck because he thought he was sleeping during a test.

The suit in U.S. Middle District Court was filed by the student’s parents against Richard A. Caschera III, a former homeland security and protective services teacher, the district, three school administrators and up to five John and Jane Does.

Caschera was hired to teach homeland security in the Career and Technical Education program. He began his role in early May.

On May 28, according to the civil action, the student was in Caschera’s class, taking a test.

On that date, the student asked to use the restroom but, for unknown reasons, was denied multiple times, the suit alleges. The minor then put his head down on his desk.

Caschera reacted by having another student place smelling salts under the plaintiff’s nose, according to the lawsuit.

The minor is a student with several significant allergies.

When the minor did not raise his head at a speed sufficient for Caschera’s liking, the lawsuit said, Caschera took extreme action by making other students secure the minor to a backboard.

The minor was restrained and totally immobilized on the board that including a strap at or just below the neck, the suit claims.

Caschera turned the backboard 90 degrees, making it vertical.

According to the lawsuit, the minor was forced to stand on his toes to avoid the strap pressing on his throat and was left in this state for several minutes.

The minor had to feign coughing to get Caschera to let him down, according to the civil action.

Before allowing the minor off the backboard, Caschera allegedly asked, “Are you going to stay awake?”

The minor was then sent out of class for asking to use the restroom and was given a zero on the test administered that day, according to the suit.

The minor returned home and told his parents what happened that day.

Alicia Differ, associate principal at Williamsport Area High School, called the minor’s mother and reported that he would be required to serve detention for being sent out of class.

The minor’s mother told Differ the events as described by her son.

The boy’s mother said that Differ was “astonished” by the events and then contacted Matthew Fisher, director of Career and Technical Education, Williamsport Area High School.

The boy’s mom had several conversations and meetings with Differ and Fisher over the days that followed.

Differ and Fisher spoke with Caschera, who reportedly “did not see the wrong in what he did.”

Caschera stated that he was holding the minor to a higher standard than his peers.

The minor apologized to Caschera. On May 30, the boy’s mom told Fisher that it was only fair that Caschera also apologize to her son for what he put him through.

Fisher indicated this was a reasonable request and gave that direction to Caschera.

The following Monday, Caschera told the student through an internal message that he had until 3 p.m. to take the make-up test and forced the student to complete the test before the end of class.

By Tuesday morning, Caschera still had not apologized to the boy.

The boy’s mom again contacted Fisher and Differ regarding the apology and the reason for the expeditious make-up test. Caschera was unable to explain his reasoning for the test.

When Caschera still did not apologize, the district scheduled a meeting with the student, Fisher and Caschera.

During the meeting, Caschera allegedly said, “I apologize, but, when I saw your head down, I went into scenario mode.”

The excuse that he was in “scenario mode” does not mesh with his prior statement when he conditioned the student being released from confinement on a promise not to sleep in class, according to the plaintiff.

It is reported that during this meeting, Caschera became irate and emotional.

Both parents requested a meeting between Fisher and Caschera. Fisher pulled the parents aside and asked them to remember that Caschera had only been teaching 15-20 days.

Dr. Justin Ross, head principal, allegedly also commented that the student should “give the teacher a chance.”

Caschera’s courses are currently being covered by a long-term substitute. The school board accepted Caschera’s resignation at a meeting on Aug. 12.

At least 13 to 15 students allegedly 6witnessed the assault.

The plaintiffs are seeking unspecified compensatory and punitive damages against Caschera on claims of unreasonable search and seizure under both the U.S. and state constitutions, assault, battery, intentional infliction of emotional distress and false imprisonment.

All of the other defendants are named in the unreasonable search and seizure claim under the U.S. Constitution.

The school district is accused of civil rights violations, not developing a training program for new staff and having a practice of allowing a teacher with no prior experience and no credentials to be unsupervised in the classroom.

The student was allegedly subjected to an unlawful and intrusive seizure by school officials, namely Caschera, without a warrant, probable cause.

The seizure conducted by defendants was excessive, unjustified, and conducted without consent, and claims it invaded the student’s right to be free of unreasonable searches and seizures under the U.S. Constitution.

The excessive and unjustified seizure also invades upon minor’s rights under the Pennsylvania Constitution.

Defendants further are liable for tortious conduct including battery, assault and false imprisonment, according to the suit.

This alleged unlawful seizure, upon information and belief, was motivated by racial animus, according to the suit prepared by Attorney Kyle Anthony Adams, Montgomery Law Group, Philadelphia.