HORRY COUNTY, SC (WMBF) – The parent of the Horry County student who was allegedly dragged across the floor by his special education teacher has filed a lawsuit.
The lawsuit against former St. James Intermediate special education teacher Gabriel Hernandez and Horry County Schools was filed on August 14.
Horry County Police filed child abuse charges against Hernandez in April 2023 for allegedly dragging the plaintiff's son, a non-speaking student at St. James Intermediate identified in the lawsuit as John Doe.
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But the parent claims that this was not the first time Hernandez had inappropriately touched his son or other students.
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In January 2020, Hernandez began working in the district as a special education teacher at Waccamaw Elementary School.
About a year and a half later, a student at the school claimed that Hernandez grabbed and squeezed his neck, causing the student to place his head on the bench, the lawsuit states.
In September 2021, Hernandez transferred to the first of several schools before finally landing at St. James Intermediate in August 2022, taking over John Doe's class.
During his first month at the school, an aide who worked with Hernandez told school administrators that Hernandez may have left a mark on a student's leg, the lawsuit says.
The same educational aide reported Hernandez again in October 2022, when Hernandez allegedly restrained a student by the shoulders in the cafeteria with the assistance of another adult who held the student by the waist.
Hernandez later reportedly told authorities that this behavior was “not consistent with the CPI training he received.”
The day after the cafeteria incident, Hernandez stepped on John Doe's hand, forcing him to free his hand to escape, the lawsuit says.
Shortly thereafter, the district placed Hernandez on administrative leave with full pay and benefits.
Around the same time, Hernandez's assistant teacher filed his resignation because of “Hernandez's repeated inappropriate physical contact with students,” the lawsuit states.
Horry County Police began investigating the John Doe incident, but ultimately deviated from HCS's internal investigation.
Aside from placing Hernandez on paid administrative leave, the district did not discipline him for the John Doe incident or for any previous incidents, the lawsuit says.
Hernandez was back in the classroom just over two weeks after his leave of absence and became “more aggressive in dealing with undesirable student behavior,” the lawsuit says.
In March 2023, Hernandez allegedly allowed John Doe to bang his head on the table during lunch break, which the boy did when he was frustrated.
Only when another assistant intervened did John Doe stop hitting his head.
The next day, March 16, John Doe refused to be taken to the classroom, which is common behavior among students with special needs.
John Doe’s behavior left Hernandez “very upset,” the lawsuit says.
“According to a teacher's aide who worked with Defendant Hernandez, Defendant Hernandez's responses to such behavior often resulted in the behavior escalating and causing fear among students,” the lawsuit states.
John Doe began banging his head against a bookshelf, after which Hernandez allegedly dragged the student across the room by his wrists.
Hernandez is also accused of pressing John Doe's knee against his chest so that the student could not move.
The district again granted Hernandez paid leave, but after police charged him in April, Hernandez resigned for “personal reasons,” according to the lawsuit.
John Doe's parents accuse Hernandez of causing physical and psychological harm to their son.
The parent also accuses HCS of not adequately disciplining Hernandez.
WMBF News reached out to HCS for comment on the lawsuit and the district said it does not comment on pending litigation.
The parent seeks actual, consequential and punitive damages, the amount of which will be determined by a jury.
According to public records, a jury trial on charges of cruelty to children is scheduled for September 27.
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