OBSERVER Photo by Jo Ward A small group gathered at Dunkirk School 7 to protest the alleged treatment of a first-grader three years ago. From left to right are Isabelle Vasquez, Kashous-Kyri Santiago, Jennifer Alicea, Jen-alys Watts, Raquel Carrion, Zacre Jasinski, Luz Morales, David (D.J.) Morales, David Morales and Marisol Mendez.

Three years ago, a day before spring break, 6-year-old David Jacob “D.J.” Morales attended first grade just like any other day, eager to have a few weeks off. The class learned and played, but later when the teacher wanted to play a game of “heads-up-7-up,” Morales wasn’t in the mood.

It was then that the instructor allegedly pushed Morales into his desk causing bruising on his chest.

“My brother David was pushed into his desk by a teacher at school and that actually caused him to have a chest contusion and bruising,” Jennifer Alicea told the OBSERVER during a protest held in front of School 7 on Tuesday. “My mom took him to the hospital and she tried to have a meeting about it and sit down with everyone and see what was going to be done about it, but nothing was done about it, so now she’s taking legal action.”

According to mom, Marisol Mendez, the school never got back in touch with her.

“The school nurse never called me. I called (Child Protective Services), I went to the police station, the teacher is still employed,” she said. “My child didn’t want to play ‘heads-up-7-up’ she pushed him in the desk onto the chair, she admitted to putting her foot on the chair and he had a chest contusion. He came home saying that the ‘teacher hurt his heart,’ I didn’t understand what he meant, but he had a mark and a red line and he went to the nurse, it was one day before spring break.”

Mendez then explained they were to have a meeting with then Dunkirk Superintendent Dr. James Tracy, but nothing came of it. She claimed that she also received a letter recently from new Superintendent Mike Mansfield, who she also claims has done nothing.

“I’m still waiting for a Zoom call, something, I wanted to talk with the board. I made a complaint with the attorney general,” Mendez added.

After some searching and years of in her opinion nothing Mendez finally found a law firm to take her case, Rupp Baase Pfalzgraf Cunningham out of Buffalo. “We are filing a complaint later (Tuesday),” Chad Davenport, the associate assigned to the case said. “It will be filed in the Western District of New York. It’s a federal lawsuit alleging civil rights violations.”

Davenport went on to cite that the partner working on the file is R. Anthony Rupp III, head of the civil rights practice firm at the group.

Mendez noted the lawsuit is not going against the school district as it’s been too long, but the teacher.

The OBSERVER reached out to Mansfield who shared the incident was put through two separate investigations involving two superintendents, Tracy and previous interim superintendent Sylvia Root. He said both were to be unfounded.

“We investigated, I had people look up the reports,” he said. “We had two separate investigations done independently involving two separate superintendents by independent agencies and both came back unfounded. We’ve relayed that to Mrs. Mendez on several occasions, including myself. We just feel like the district has addressed the issue on several occasions already. I don’t think there is anything more to discuss.”