Last November, Leslie McCabe accused a North Myrtle Beach High School teacher's aide of verbally and physically abusing her 16-year-old autistic daughter, Aubrey Price.
After taking Aubrey out of the school and what she claims were failed talks with Horry County School District officials, McCabe sued the teacher's aide, North Myrtle Beach High, Horry County Schools and Horry County for alleged negligence and is pursuing assault charges against the teacher's aide.
In her lawsuit filed on September 4th, McCabe claims the aide, Daryl S. Mizeke, left multiple bruises on Aubrey's leg, shoulder, knee and elbow while supervising her at North Myrtle Beach High School.
She also alleges that Mizeke struck Aubrey with a pencil on the hand, yelled and pushed her.
McCabe claims the school was notified of the assaults but failed to stop other assaults from occurring.
In her lawsuit, McCabe also alleges that the district was grossly negligent and failed to properly train Mizeke on how to care for disabled children such as Aubrey.
The mother says Aubrey began to be scared to go to school but was unable to verbalize to her parents why.
The lawsuit states Aubrey is autistic with intermittent explosive disorder, mental retardation, enuresis, encopresis and sever chronic developmental disabilities.
McCabe says her daughter is incompetent and vulnerable to being taken advantage of.
McCabe is seeking personal damages. She says Aubrey was forced to undergo medical treatment and endure pain and suffering that resulted from her loss of enjoyment of life.
In the lawsuit, McCabe is requesting the school provide a copy of Mizeke's personnel file, the employee handbook Mizeke was given when he was hired and statements from any witnesses along with other documents involved in the case.
Horry County School District spokesperson Teal Britton said the district is aware of the lawsuit.
Last year, the district conducted its own personal investigation during which time Mizeke was placed on administrative leave, said Britton.
Confidentiality prevents specifics details or the outcome of the investigation from being released.
But Britton did say Mizeke was brought back on January 26th and transferred to another school on within the district last year where he worked as a teacher's aide.
Mizeke resigned in July and no longer works for the district, according to Britton.
