A lawsuit by the parents of an eight-year-old black child who was tied up by two white boys at the Chilmark Community Center summer camp in July was settled for $45,000 Tuesday, one day after it was filed.
A complaint filed Monday in Dukes County superior court uses pseudonyms for the child, his parents and the Chilmark Town Affairs Council, which runs the center’s camp, noting that both parties agreed to use pseudonyms to protect the privacy of the child and “to protect the parties from unwelcome public attention.”
But the statement of the case makes clear that it relates to a highly publicized incident on July 29 that caused widespread consternation because of its racial overtones.
In their complaint the parents, identified as James and Jane Doe, never refer to the race of the children, stating only that one camper “engaged in rough physical play” with their son, referred to as John Doe, “causing him to sustain personal injury and harm,” including abrasions on his neck.
The complaint alleges that employees of the camp failed to prevent the rough play and failed to stop it within a reasonable time to prevent injury and harm. Moreover, the complaint contends that subsequent actions by the town affairs council, referred to in the complaint as ABC Corporation, caused him “additional injury loss and harm.”
The complaint was filed by Boston attorney Oren Sellstrom, identified as part of Lawyers for Civil Rights. A separate civil action cover sheet says the child sustained a neck injury and claimed damages of $500,000 for mental and emotional distress.
But on Tuesday, both parties filed a petition for the court to approve a settlement of $45,000, including $11,250 in attorney’s fees. The balance of the money, $33,750, would be placed in a custodial account for the benefit of the child.
The petition states that ABC Corporation denies that the injury, loss and harm alleged by the parents was caused by its negligence and wrongdoing.
“..(T)he settlement of this case constitutes a compromised settlement of disputed legal and factual claims,” the petition says.
The petition further notes that the center has committed “to take reasonable and appropriate corrective measures to prevent or lessen the potential for similar events to occur in the future.”
The town affairs council is represented by Boston attorney William P. Breen, Jr.
The petition must be approved by a judge before it is final.
