A Florida high-school student with autism has filed a lawsuit against the school district he attended, claiming that they failed to address his behavioral issues leading up to a violent incident in which he attacked a teacher’s aide. The student, Brendan Depa, was captured on surveillance video running up to the teacher’s aide, pushing her to the ground, and then punching and kicking her. The teacher’s aide suffered multiple injuries as a result of the attack, including broken ribs and a severe concussion. The incident occurred after Depa was denied permission to use a Nintendo Switch console.
The lawsuit alleges that the school district failed to address Depa’s disabilities through a proper behavioral plan, despite him being considered a “ticking time bomb.” Depa has a history of trauma, mental health issues, and several disabilities that affect his behavior in school settings. The lawsuit claims that the district did not adequately address Depa’s communication deficits, autism spectrum disorder, and need for social and pragmatic language interventions. Previous incidents of spitting at a student and making threats were not properly dealt with by the school, according to the complaint.
The complaint further states that the school was aware that the Nintendo console was a trigger for escalating behaviors in Depa, yet they did not take appropriate action to prevent the violent incident from occurring. The lawsuit argues that if the school had addressed Depa’s issues in real-time, he would not have harmed the teacher’s aide and faced criminal charges. Depa has requested a due process hearing under the Individuals with Disabilities Education Act to determine whether the school’s actions contributed to the violent incident.
Depa, who is being charged as an adult, pleaded no contest to a first-degree felony aggravated battery charge and faces up to 30 years in prison. The teacher’s aide involved in the incident has denied taking the Nintendo console away from Depa and stated that he was upset because another staff member would not allow him to use it. She has suffered physical, financial, and emotional hardships as a result of the attack, including slowed speech and difficulty with cognitive functions. Naydich was granted a permanent injunction for protection against repeated violence from Depa in March 2023.
Court records show that Depa has had three prior misdemeanor battery charges in 2019 but completed a program within the Department of Juvenile Justice. The school district has not provided a comment on the lawsuit filed by Depa. The lawsuit seeks to hold the district accountable for their failures that allegedly led to the traumatic incident involving the teacher’s aide. Depa’s sentencing is scheduled for May 1, and the outcome of the due process hearing could determine the impact of the school’s actions on the violent incident that occurred.
