Southampton Town Board members voted on May 24 to settle a lawsuit brought by an East Quogue special education teacher against the school, the town and its police department in 2017.
Special education teacher Christine Capozzola, 51, of Westhampton sued after her participation in a drill at the school resulted in “great bodily injury,” according to the lawsuit filed first in State Supreme Court, then forwarded to federal court in Brooklyn.
Capozzola sought some $3 million in damages. How much will actually be paid will not be disclosed. By order of the court, involved parties are prohibited from discussing the settlement.
Capozzola volunteered to play the role of an irate parent during a January 27, 2016, exercise to practice police intervention at the school; she portrayed a mother enraged and screaming in the hallways and main office because her estranged husband was keeping her children from her.
As planned, school staff hit the panic button designed to summon police. But they didn’t come, even though, according to the suit, police knew there was a drill underway.
With the police still not on the scene, school staff eventually dialed 911. Three officers arrived and threw the teacher to the ground “violently” and handcuffed her, the legal documents stated.
The stipulation of discontinuance signed by Judge Kiyo A. Matsumoto was filed “with prejudice,” meaning there’s no opening for the plaintiff to file another suit or for defendants to appeal.
Speaking of the suit in 2017, attorney Michael S. Finkelstein of Finkelstein and Feil in Bohemia said the treatment of his client was inexcusable, as police were aware that she was performing as part of a drill.
The lawsuit points out that she had expressed concerns about her safety prior to the drill and that she was told that both School Superintendent Robert Long and Detective Sergeant Lisa Costa would be present to oversee the operation. Capozzola’s current attorney, Craig Riha of Carmel, Milazzo & Feil LLP, did not immediately return a call for comment.
Town Police Chief Steven Skrynecki and Long both said they were unable to comment, and Supervisor Jay Schneiderman offered no comment due to it being about litigation. By policy, town officials decline to comment on litigation.
The district participated in the lockdown drills with varying scenarios every year prior to the 2016 exercise. In 2015, a school staff member played an irate parent who showed up at the school carrying a baseball bat and looking for his child. Town Police responded to that drill and no one was injured during it, according to the lawsuit.
