DOCKETNO. FST CV 15 6026131 S
`
`ANNA PALOSZ AND FRANCISZEK
`PALOSZ, CO-ADMINISTRATORS OF THE
`ESTATE OF BARTLOMIEJ F. PALOSZ
`
`V.
`
`TOWN OF GREENWICH and TOWN OF
`GREENWICH BOARD OF EDUCATION
`
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`SUPERIOR COURT
`
`J.D. OF STAMFORD/NORWALK
`
`AT STAMFORD
`
`OCTOBER3, 2022
`
`AFFIDAVIT OF JENNIFER B. GOLDSTEIN, ESQ.
`
`Jennifer B. Goldstein, Esq. does declare, under penalty of perjury, as follows:
`
`1.
`
`I am a memberofthelaw firm of Silver Golub & Teitell LLP, counsel for plaintiffs
`
`AnnaPalosz and Franciszek Palosz, Administrators of the Estate of Bartlomiej F. Palosz, in the
`
`above-captioned matter.
`
`I submit this Affidavit to identify the attached exhibits referenced in
`
`plaintiffs’ Memorandum of Law in Opposition to Defendants’ Motion for Summary Judgment
`
`being filed this day.
`
`note.
`
`2.
`
`3.
`
`Attached as Exhibit A is a true and correct copy of Bartlomiej F. Palosz’s suicide
`
`Attached as Exhibit B is a true and correct copy of excerpts from the transcript of
`
`the Deposition of Stacey GoodnowStrand, dated February 15, 2022.
`
`4.
`
`Attached as Exhibit C is a true and correct copy of excerpts from the transcript of
`
`the Deposition ofHE, dated February 7, 2022.
`
`5.
`
`Attached as Exhibit D is a true and correct copy of excerpts from the transcript of
`
`the Deposition of Anna Palosz, dated January 20, 2022, January 28, 2022 and February 4, 2022.
`
`6.
`
`Attached as Exhibit E is a true and correct copy of excerpts from the transcript of
`
`the Deposition of Beata Palosz Kirschbaum, dated January 31, 2022.
`
`
`
`ANNA PALOSZ AND FRANCISZEK
`PALOSZ, CO-ADMINISTRATORS OF THE
`ESTATE OF BARTLOMIEJ F. PALOSZ
`
`V.
`
`TOWN OF GREENWICH and TOWN OF
`GREENWICH BOARD OF EDUCATION
`
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`:
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`SUPERIOR COURT
`
`J.D. OF STAMFORD/NORWALK
`
`AT STAMFORD
`
`OCTOBER3, 2022
`
`AFFIDAVIT OF JENNIFER B. GOLDSTEIN, ESQ.
`
`Jennifer B. Goldstein, Esq. does declare, under penalty of perjury, as follows:
`
`1.
`
`I am a memberofthelaw firm of Silver Golub & Teitell LLP, counsel for plaintiffs
`
`AnnaPalosz and Franciszek Palosz, Administrators of the Estate of Bartlomiej F. Palosz, in the
`
`above-captioned matter.
`
`I submit this Affidavit to identify the attached exhibits referenced in
`
`plaintiffs’ Memorandum of Law in Opposition to Defendants’ Motion for Summary Judgment
`
`being filed this day.
`
`note.
`
`2.
`
`3.
`
`Attached as Exhibit A is a true and correct copy of Bartlomiej F. Palosz’s suicide
`
`Attached as Exhibit B is a true and correct copy of excerpts from the transcript of
`
`the Deposition of Stacey GoodnowStrand, dated February 15, 2022.
`
`4.
`
`Attached as Exhibit C is a true and correct copy of excerpts from the transcript of
`
`the Deposition ofHE, dated February 7, 2022.
`
`5.
`
`Attached as Exhibit D is a true and correct copy of excerpts from the transcript of
`
`the Deposition of Anna Palosz, dated January 20, 2022, January 28, 2022 and February 4, 2022.
`
`6.
`
`Attached as Exhibit E is a true and correct copy of excerpts from the transcript of
`
`the Deposition of Beata Palosz Kirschbaum, dated January 31, 2022.
`
`
`
`7.
`
`Attached as Exhibit F is a true and correct copy of excerpts from the transcript of
`
`the Deposition of Young Shin Kim, MD, MS, MPH,Ph. D, dated May 10, 2022.
`
`8.
`
`Attached as Exhibit G are true and correct copies of the expert disclosure and
`
`curriculum vitae of Dr. Young Shin Kim.
`
`9.
`
`Attached as Exhibit H is a true and correct copy of excerpts from the school records
`
`of Bart Palosz.
`
`10.
`
`Attached as Exhibit I are true and correct copies of the Progress Notes of Stefanie
`
`Powers.
`
`11.
`
`Attached as Exhibit J is a true and correct copy of excerpts from the transcript of
`
`the Deposition of Jarret Pepe, dated April 29, 2021.
`
`12.
`
`Attached as Exhibit K is a true and correct copy ofthe article “Greenwich Town
`
`Attorney: Palosz was Ridiculed, Humiliated and Intimidated,” Greenwichfreepress.com, April 25,
`
`2014.
`
`13.
`
`Attached as Exhibit L is a true and correct copy of the article “Bob Horton: What
`
`Will We Learn From Palosz Investigation,” greenwichtime.com, March 2, 2014.
`
`14.
`
`Attached as Exhibit M is a true and correct copy of the 2009 Whole Student
`
`Development Policy (DEF 711-753).
`
`13.
`
`Attached as Exhibit N is a true and correct copy of the 2012 Whole Student
`
`DevelopmentPolicy (DEF 754-798).
`
`14.
`
`Attached as Exhibit O is a true and correct copy ofthe article “Anti-Bullying Bill
`
`Becomes Law,” State of Connecticut General Assembly Commission on Children, July 21, 2011.
`
`15.
`
`Attached as Exhibit P is a true and correct copy of excerpts from the transcript of
`
`the Deposition of Patricia McNamara, dated April 13, 2022.
`
`
`
`16.
`
`Attached as Exhibit Q is a true and correct copy of excerpts from the transcript of
`
`the Deposition of Albert Sackey, Ed.D., dated November8, 2021.
`
`17.
`
`Attached as Exhibit R is a true and correct copy of excerpts from the transcript of
`
`the Deposition of Stefanie Powers, dated June 25, 2021.
`
`18.
`
`Attached as Exhibit S is a true and correct copy of the Notes of School Meetings
`
`with Anna Palosz (DEF 668).
`
`19.
`
`Attached as Exhibit T is a true and correct copy of excerpts from the transcript of
`
`the Deposition of Jennifer Hill, dated December 18, 2019.
`
`20.
`
`Attached as Exhibit U is a true and correct copy of the Greenwich Police
`
`Department Case/Incident Report, dated September 3, 2013 (DEF 1496-1497).
`
`21.
`
`Attached as Exhibit V is a true and correct copy of excerpts from the transcript of
`
`the Deposition of Alison Lochridge, dated June 18, 2021.
`
`22.
`
`Attached as Exhibit W is a true and correct copy of excerpts from the transcript of
`
`the Deposition of Cristina Banks, dated October 21, 2021.
`
`23.
`
`Attached as Exhibit X is a true and correct copy of excerpts from the transcript of
`
`the Deposition of Megan Roby Ostruzka, dated October 28, 2021.
`
`24.
`
`Attached as Exhibit Y is a true and correct copy of excerpts from the transcript of
`
`the Deposition of Amy Klinger, Ed.D., dated June 20, 2022 and July 25, 2022.
`
`25.
`
`Attached as Exhibit Z are true and correct copies of the expert disclosure and
`
`curriculum vitae of Amy Klinger, Ed.D..
`
`26.
`
`Attached as Exhibit AA is a true and correct copy of excerpts from the transcript of
`
`the Deposition of Donnie Johnson, dated February 7, 2022.
`
`
`
`27.
`
`Attached as Exhibit BB is a true and correct copy of excerpts from the transcript of
`
`the Deposition of Lorraine Termini, dated March 1, 2022.
`
`28.
`
`Attached as Exhibit CC is a true and correct copy of excerpts from the transcript of
`
`the Deposition of Jo Ann Freiberg, Ph.D., dated July 29, 2022 and September 9, 2022.
`
`Subscribed and sworn before methis 3 day of OAW2” 2022.
`
`
`
`Personally appeared Jennifer B. Goldstein, known to meto be the person whose nameis
`
`subscribed above, and swore and subscribed to above, this 3 day of October, 2022.
`
`NOTARY PUBLIC
`
` Natasha C. Gold
`
`Notary Public, State of Connéctitut _
`
`
`My Commission Expires April30;2025
`
`
`
`
`
`CERTIFICATION
`
`This is to certify that the foregoing was filed with the Court and served on the following
`
`counsel andpro se parties of record, this 3 day of October, 2022:
`
`Brett R. Leland, Esq.
`Martha Gaythwaite, Esq.
`Verrill Dana, LLP
`One Portland Square
`P.O. Box 586
`Portland, ME 04112
`bleland@verrill-law.com
`mgaythwaite@verrill-law.com
`
`
`
`
`
`Fernando F. de Arango, Esq.
`Assistant Town Attorney
`Town of Greenwich
`Town Hall, P.O. Box 2540
`Greenwich, CT 06836
`fdearango@greenwichct.org
`
`and that written consent for electronic delivery was received from all counsel and pro se parties
`
`of records who wereelectronically served.
`
`/s/ Jennifer B. Goldstein Juris No. 410497
`JENNIFER B. GOLDSTEIN
`
`
`
`EXHIBIT A
`
`
`
`
`
`
`
`if you are reading this then | am dead. The reasonforthis is years of being quiet, in my own thoughts, by myself, feeling alone. During my funeral I would like
`to requestthat the song reboot by zimi samune ts played on my phone and left on and buried with me.
`| Noone should blame themselves except anyone at my school who kept on telling me to kill myself, 53 tries later Lsucceded, hope your happy
`
`
`i
`
`
`
`Ress
`
`
`
`EXHIBIT B
`
`
`
`i :a
`
`REMOTE DEPOSITION OF STACEY STRAND
`
`www.huseby.com
`
`Huseby Global Litigation
`
`800-333-2082
`
`ANNA IZABELA PALOSZ, ET AL. vs TOWN OF GREENWICH, ET AL.
`Stacey Strand on 02/15/2022
`
`SUPERIOR COURT
`JUDICIAL DISTRICT OF STAMFORD/NORWALK
`AT STAMFORD
`
`kK
`
`we
`
`kK
`
`ek
`
`eK
`
`eK KK eK KK kK
`
`kK Kk
`
`ANNA IZABELA PALOSZ AND
`FRANCISZEK PALOSZ,
`CO-ADMINISTRATORS OF THE
`
`ESTATE OF BARTLOMIEJ F. PALOSZ
`
`Vv.
`
`TOWN OF GREENWICH and TOWN OF
`GREENWICH BOARD OF EDUCATION
`Kk
`ke
`we eK eK Ke Ke KR
`OK KOK OK
`
`+++FFFFFFFF
`
`FST-CV-15-6026131-S
`
`February 15, 2022
`11:38 a.m.
`
`
`
`ANNA IZABELA PALOSZ, ET AL. vs TOWN OF GREENWICH, ET AL.
`Stacey Strand on 02/15/2022
`
`American History class.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Okay.
`
`I also had another experience with Bart.
`
`Okay. And what was that?
`
`I started a lunch group -- I became aware --
`
`So I sat down and I called in two other students rarest
`
`:
`:EL
`
`iyEe
`Fe
`
`4 B
`
`S
`FE
`iS
`
`:,E
`
`e
`
`relatively early on,
`
`I
`
`think,
`
`in 7th grade,
`
`that he was
`
`being bullied. And I'll tell you how I became aware.
`
`I
`
`had lunch duty every day, and I knew he was struggling
`
`socially. And I witnessed him bringing his tray to
`
`tables that were already full but there was one seat
`
`left. And the entire table got up and walked away and
`
`left him alone.
`
`So I went over and I sat with him to eat lunch
`
`with him. And I called over a couple of other kids who
`
`were also socially awkward and being bullied, but not
`
`to
`
`the extent that Bart was bullied. And I also spoke to
`
`the group of kids,
`
`some of whom I knew,
`
`to please never
`
`do that again. And -- I said, "That was very rude."
`
`And -- but it became apparent that, you know,
`
`they were
`
`going to do what
`respect for me,
`
`they wanted to at lunch.
`They had
`they were respectful.
`They were like,
`
`"We're so sorry."
`
`I said, you know, "Just think about people's
`
`feelings."
`
`www.huseby.com
`
`Huseby Global Litigation
`
`800-333-2082
`
`
`
`I think it's better if you just stay
`
`www.huseby.com
`
`Huseby Global Litigation
`
`800-333-2082
`
`
`
`ANNA IZABELA PALOSZ, ET AL. vs TOWN OF GREENWICH, ET AL.
`Stacey Strand on 02/15/2022
`
`Page 24
`
`who had a connection with Bart and also who were somewhat
`
`socially awkward. And we started a lunch group together.
`
`So I ate lunch with Bart and his acquaintances who became
`
`friends every day. Every day.
`
`Q.
`
`And when you -- when you had lunch with Bart,
`
`and, you said,
`
`these two other students, was that in the
`
`cafeteria or was it somewhere else?
`
`A.
`
`It was mostly in the cafeteria.
`
`There were a
`
`couple of days -- and this may have been in 8th grade --
`
`where I didn't have lunch duty every day. But he had the
`
`same lunch that I did.
`
`So, occasionally,
`
`lunch would be
`
`moved to my classroom. And it was always Bart and his
`
`two cohorts.
`
`Q.
`
`Okay. And you're breaking up a teeny bit, but
`
`I
`
`just want to make sure we hear what you said.
`
`So you
`
`said you would have lunch with Bart and these two other
`
`students, mostly in the cafeteria, but particularly in
`
`8th grade,
`
`sometimes in your classroom, because you had
`
`the same lunch period, even if you didn't have lunch --
`
`cafeteria duty as a teacher. Correct?
`
`A.
`
`Yes. And I wanted -- I wanted to get those kids
`
`out of that environment.
`
`You wanted to get those -- can you -- maybe I'm
`
`not sure why we're kind of missing a few words.
`
`Maybe just -- yeah,
`
`
`
`ANNA IZABELA PALOSZ, ET AL. vs TOWN OF GREENWICH, ET AL.
`Stacey Strand on 02/15/2022
`
`Page 27
`
`MS. GOLDSTEIN: You can answer.
`
`You can answer.
`
`THE DEPONENT: Okay.
`
`In my tenure of teaching,
`
`Bart Palosz was bullied more than any child I have ever
`
`seen in my entire experience of teaching.
`
`BY MS. GOLDSTEIN:
`
`Q.
`
`And what do you understand the word "bully" to
`
`mean?
`
`A.
`
`It can take many different forms. Starting with
`
`snide remarks, making fun of the fact that he picked his
`
`nose,
`
`to physical assault, which it -- it graduated to
`
`physical assault on Bart in my experience of knowing him.
`
`Q.
`
`Okay. And the examples that you just mentioned:
`
`snide remarks, making fun of picking his nose, and
`
`physical assaults,
`
`those were all types of bullying
`
`directed against Bart Palosz that you were aware of.
`
`Correct?
`
`MS. GAYTHWAITE: Objection.
`
`THE DEPONENT: Correct.
`
`MS. GOLDSTEIN:
`
`I'm sorry.
`
`I missed your answer.
`
`picked on or assaulted by other students?
`
`correct?
`
`THE DEPONENT: Correct.
`
`MS. GOLDSTEIN:
`
`Thank you.
`
`BY MS. GOLDSTEIN:
`
`Q.
`
`How often would you say Bart was harassed or
`
`www.huseby.com
`
`Huseby Global Litigation
`
`800-333-2082
`
`
`
`ANNA IZABELA PALOSZ, ET AL. vs TOWN OF GREENWICH, ET AL.
`Stacey Strand on 02/15/2022
`
`MS. GAYTHWAITE: Objection.
`
`MS. GOLDSTEIN:
`
`You can answer.
`
`walked away, and I didn't know. But to the three SSSGTITEEEELSSOPDDOSNELLDSSSIEOSISELLE LEEDISPS
`
`THE DEPONENT: Okay.
`
`I know I sent an email out
`
`when a student came to me and said -- I was Ms. Goodnow
`
`at the time -- and said, "Bart is being bullied, not only
`
`in school, but outside of school."
`
`I have witnessed a physical assault on Bart
`
`in
`
`the hallway, and I confronted the bullies and asked them
`
`to please pick up his books.
`
`I said -- looked them in
`
`the eye.
`
`Students were scared of these kids.
`
`They were
`
`troubled themselves.
`
`I was walking a fine line, because
`
`they were my students too, and I knew they were troubled.
`
`But I said to -- I believe his name was
`
`MMM.
`
`jt believe he was the leader of the pack. And I
`
`looked him straight in the eyes, and I said, "Pick those
`
`books up right now," which he did. And I said, “Please
`
`hand those books back to Bart." Bart was cowered over in
`
`fear.
`
`I said,
`
`"MMMM,
`
`look Bart straight in the eye,
`
`this is a human being and your fellow classmate, and
`
`apologize," which HEB did.
`
`It was -- and I said,
`
`"Please make it as sincere as you can."
`
`So HB said,
`
`"I'm sorry."
`
`And I said to the pack -- some of them had
`
`www.huseby.com
`
`Huseby Global Litigation
`
`800-333-2082
`
`BSS
`
`te
`
`
`
`ANNA IZABELA PALOSZ, ET AL. vs TOWN OF GREENWICH, ET AL.
`Stacey Strand on 02/15/2022
`
`Page 29 |
`
`That 1s my perception, yes. Me oe
`
`students I knew,
`
`I looked at them.
`
`I said, "I do not
`
`ever, ever, want to see anything like this ever again."
`
`And at that point, other students had come to me and
`
`said, "It's happening all over the school building."
`
`So I started walking Bart to classes,
`
`the only
`
`classes I could on my floor.
`
`I couldn't walk him to gym.
`
`I couldn't walk him all the way down to the science lab.
`
`I couldn't walk him all the way down to the auditorium,
`
`etc., etc.
`
`But when I started doing that -- and I also
`
`spoke to the bullies privately as well, saying, "You've
`
`got to stop this. Not only are you victimizing Bart, but
`
`you are hurting yourselves."
`
`It kind of went in one ear
`
`anid out the other with these students. But
`
`they would
`
`not do what
`
`they did the day I saw it to him when I was
`
`by his side. But
`
`I was not always by his side.
`
`Q.
`
`A.
`
`Q.
`
`Okay.
`
`SO -- okay.
`
`So let me ask you some questions about -- you
`
`just gave us a lot of information,
`
`so I want to make
`
`sure -- I want to ask: y6u some questions.
`You said there
`was a -- you said there was a boy named a who
`
`was the leader of the pack of a group of students who was
`
`bullying Bart. Correct?
`
`A.
`
`www.huseby.com
`
`Huseby Global Litigation
`
`800-33
`
`—
`
`
`
`ANNA IZABELA PALOSZ, ET AL. vs TOWN OF GREENWICH, ET AL.
`Stacey Strand on 02/15/2022
`
`Page 30
`
`Q.
`
`And who were were the other students,
`
`to the
`
`extent that you recall names, who were in that pack? Did
`
`you call it a pack?
`
`How did you refer to it,
`
`in your own
`
`mind?
`
`A.
`
`I called -- I began to call it a wolf pack.
`
`They wouldn't stop.
`
`Q.
`
`And who were those students?
`
`in understanding that?
`
`A. Ree, who is a troubled child
`
`herself. And EM, who came to us from Kids in
`
`Crisis.
`
`So he was -- he was definitely suffering
`
`himself.
`
`Q.
`
`So the three students whose names you've give us
`
`so far were x, es, cs
`MMMM. Correct?
`.
`
`A.
`
`Correct.
`
`I don't think I personally know some
`
`of the other students that were consistently bullying him
`
`on a daily basis.
`
`Q.
`
`Okay. But was it your sense that there were --
`
`there was a bigger group other than just the three
`
`students: i, es, 2c
`
`M?,«s That there was a bigger group,
`
`the wolf pack,
`
`who would bully Bart daily, and these students were kind
`
`of the ring leaders of the group, but there were other
`
`students in that group as well?
`
`Is that -- am I correct
`
`TTT
`
`Re
`
`www. huseby.com
`
`Huseby Global Litigation
`
`800-333-2082
`
` = neee
`
`
`
`ANNA IZABELA PALOSZ, ET AL. vs TOWN OF GREENWICH, ET AL.
`Stacey Strand on 02/15/2022
`
`MS. GAYTHWAITE: Objection to form.
`
`MS. GOLDSTEIN:
`
`You can answer.
`
`THE DEPONENT: That is my perception, yes.
`
`BY MS. GOLDSTEIN:
`
`Q.
`
`Okay. Okay. And did -- is it your recollection
`
`that Bart was bullied by this wolf pack: xy)
`. -: 2°: wetever
`other students were part of that group,
`in 7th grade and
`
`in 8th grade?
`
`A.
`
`Yes.
`
`I See
`
`MS. GAYTHWAITE: Objection.
`
`THE DEPONENT: Yes.
`
`I know that to be true.
`
`FY during one of our lunch meetings -- Bart
`
`was not there that day, but Mand MMMM were. And
`
`MS said, "I want to share something with you,
`
`Ms. Goodnow."
`
`And I said, "Okay."
`
`And he said, "Bart has been treated this way
`
`since lst grade."
`
`So by the time I met Bart in 7th
`
`grade, he had suffered, you know, what may have started
`
`out to be little teasing,
`
`this and that,
`
`in elementary
`
`school
`
`to 7th and 8th grade, physical assault.
`
`BY MS. GOLDSTEIN:
`
`Q.
`
`Okay.
`Now, you described an incident where you
`where you spoke to Pe . And you,
`
`eee Le
`
`oscar
`
`ee
`
`Sememo
`
`
`
`www.huseby.com
`
`Huseby Global Litigation
`
`800-333-2082
`
`
`
`ANNA IZABELA PALOSZ, ET AL. vs TOWN OF GREENWICH, ET AL.
`Stacey Strand on 02/15/2022
`
`Page 32
`
`guess -- you had seen him knock Bart's books out of his
`
`hand.
`
`Am I describing that correctly? Was that what you
`
`had witnessed -- on the occasion when you spoke to J
`
`| what was it that you had witnessed ME going to
`
`Bart?
`
`MS. GAYTHWAITE: Objection to form.
`
`MS. GOLDSTEIN:
`
`You can answer.
`
`MS. GOLDSTEIN: You can answer.
`
`naeee
`
`SSee
`
`THE DEPONENT:
`
`Pushing Bart into his locker and
`
`then, kind of, shoving him and --
`
`THE COURT REPORTER:
`
`I'm sorry.
`
`"Kind of" what
`
`him?
`
`I'm sorry,
`
`I couldn't hear you.
`
`THE DEPONENT:
`
`Took him by his shoulders and
`
`pushed him into a locker, and then proceeded to push his
`
`books out of his hand onto the ground.
`
`BY MS. GOLDSTEIN:
`
`Q.
`Okay. And you described how you then spoke to
`| and told him to treat Bart like a human being and
`
`not to do that again. Did -- what else did you witness,
`
`in terms of either these three students or the rest of
`
`the wolf pack or other students,
`
`in terms of bullying
`
`Bart? Did you ever ~- did you ever see them making any
`
`kind of -- did you ever see anything happening in your
`
`classroom, or are you aware of it in other classrooms?
`
`MS. GAYTHWAITE: Objection.
`
`www.huseby.com
`
`Huseby Global Litigation
`
`800-333-2082
`
`
`
`
`
`ANNA IZABELA PALOSZ, ET AL. vs TOWN OF GREENWICH, ET AL.
`Stacey Strand on 02/15/2022
`
`Page 33
`
`THE DEPONENT: Okay.
`
`I witnessed snide remarks,
`
`how gross he was that he picked his nose. That was when
`
`I came up with a system with him -- I called him in after
`
`school one day. And I said, "Bart, do you realize that
`
`you pick your nose?"
`
`And he looked at me like he was shocked.
`
`It was
`
`an anxiety reaction.
`
`He didn't realize he was doing it.
`
`So I said,
`
`"Okay. Are you willing to put in a little
`
`witness or come to learn at any point about other types
`
`reminder and program with me?"
`
`And he said,
`
`"Yes, of course."
`
`So I said,
`
`"Okay.
`
`If I see you doing it in my
`
`classroom, or in advisories,
`
`I'm going to walk by your
`
`desk very casually and tap on your desk twice. And that
`
`tap means" -- I always had tissue in my classroom. And I
`
`told him he had free rein to leave -- to his raise his
`hand and ask,
`"May I go to the bathroom," to blow his
`
`nose.
`
`So he had not been even aware that he was doing
`
`that.
`
`Q.
`
`Okay. Okay.
`
`In addition to seeing Bart pushed
`
`against lockers and having his books knocked out of his
`
`hand and being physically assaulted, and in addition to
`
`seeing students shun him in the cafeteria, and in
`
`addition to having students make snide remarks in class
`
`about Bart picking his nose, did you -- did you either
`
`www.huseby.com
`
`Huseby Global Litigation
`
`800-333-2082
`
` LOONNRRET
`
`
`
`
`
`ANNA IZABELA PALOSZ, ET AL. vs TOWN OF GREENWICH, ET AL.
`Stacey Strand on 02/15/2022
`
`Page 42
`
`we would immediately call a crisis team meeting,
`
`including the parents, every teacher of the student. And
`
`we would put a plan in place to protect this -- the
`
`victim, and we will also call a meeting on the bully or
`
`bullies with their parents to make it very clear that we
`
`have zero tolerance for bullying. And if any of these
`
`behaviors occur again,
`
`there will be severe consequences
`
`for your actions.
`
`MS. GAYTHWAITE:
`
`I'm going to move to strike as
`
`nonresponsive.
`
`BY MS. GOLDSTEIN:
`
`School?
`
`Q.
`
`That was the process you're describing at
`
`Eastern Middle School. Correct?
`
`A.
`
`Absolutely.
`
`A high-functioning, national
`
`award-winning middle school. Considered one of the best
`middle schools in the country.
`
`Q.
`
`A.
`
`Q.
`
`In Greenwich, Connecticut?
`
`In Greenwich, Connecticut.
`
`Okay.
`
`Now, when you -- when you sent your email
`
`to Bart's guidance counselor,
`
`the psychologist,
`
`the
`
`social worker, and the assistant principal in charge of
`
`his grade, 7th grade, did you receive or did see the same
`
`kind of response at Western Middle School that you had
`
`described that you would have seen at Eastern Middle
`
`www.huseby.com
`
`Huseby Global Litigation
`
`800-333-2082
`
`
`
`ANNA IZABELA PALOSZ, ET AL. vs TOWN OF GREENWICH, ET AL.
`Stacey Strand on 02/15/2022
`
`MS. GAYTHWAITE: Objection to the form.
`
`MS. GOLDSTEIN: You can answer.
`
`Page 43
`
`third one?
`
`THE DEPONENT: No. Nothing happened.
`
`I got no
`
`email response.
`
`So I was going to the administration,
`
`Jarret Pepe; Al Sackey was the 8th grade administrator,
`
`and he was head of discipline; and Pat McNamara. And
`
`Pat, she and I had three conversations.
`
`One of them
`
`was -- when I first learned -- saw Mbit him
`
`against the locker and I saw the kids leave the table he
`
`sat at,
`
`I went to Pat and I said, "I really think this
`
`kid is in crisis. He's being shunned, he's being
`
`ostracized. He's being shoved in the hallway.
`
`Can we
`
`have a crisis team meeting?"
`
`And she said, "Well, he brings a lot of it on
`
`himself."
`
`And I said -- I believe my response -- it was in
`
`hallway passing,
`
`so it was a quick conversation. And I
`
`believe I had said, "Pat, he's being physically
`
`assaulted. We need to do something, please."
`
`The next time I brought up Bart's name, she said
`
`they were working on a crisis team meeting but were
`
`waiting for a Polish translator because his parents don't
`
`speak English.
`
`And then --
`
`Q.
`
`To your -- I'm sorry.
`
`Go ahead. What was the
`
`See
`
`Muanemrem
`
`nein
`
`www.huseby.com
`
`Huseby Global Litigation
`
`800-333-2082
`
`
`
`ANNA IZABELA PALOSZ, ET AL. vs TOWN OF GREENWICH, ET AL.
`Stacey Strand on 02/15/2022
`
`
`Page 44 :
`
`
`I had -- because I was walking him to
`
`
`
`
`Okay. Another conversation I had with Pat
`
`5
`A.
`
`
`
`
`
`10
`
`
`him and be with him the entire school day,
`in the
`
`
`12
`lunchroom."
`It will not -- well, hopefully,
`the lunch
`
`group was going to be fine, but the aide was perfectly
`
`
`
`
`a full-time aide, who was a violent student.
`I got along
`
`
`with him beautifully.
`He wasn't even a student of mine,
`and he would come to my 7th period class.
`
`
`
`If he had a
`
`
`good day, his reward would be to come to my 7th period
`
` class and be part of the mainstream.
`He had a full-time
`
`
`
`
`
`24 Do you want MS. GOLDSTEIN: Okay. All right.
`
`
`
`
`25
`to take a break?
`Is that what you said?
`
` AOSOMESSES SSESASBSSSSSRSS DSSSSERSRRR
`
`
`
`21
`
`22
`
`aide.
`
`"We need to get Bart an
`So I suggested to Pat,
`
`
`aide." And her response is,
`
`"We don't have the resources
`
`to do that."
`
`www.huseby.com
`
`Huseby Global Litigation
`
`800-333-2082
`
`1
`
`A.
`
`Oh.
`
`classes -- and after I answer this question, may we take
`
`a brief break?
`
`Q.
`
`Sure.
`
`
`
`McNamara was, “Okay. If his parents don't speak English,
`
`and you don't think a meeting would be sufficient, we
`
`need to put something in place for him.
`
`I've been
`
`walking him to classes, but I can't walk him to every
`
`
`other class. Bart needs an aide to protect him,
`
`to walk
`
`invited to that lunch group.
`
`And I knew of at least one other student who had
`
` 6
`
`
`
`ANNA IZABELA PALOSZ, ET AL. vs TOWN OF GREENWICH, ET AL.
`Stacey Strand on 02/15/2022
`
`Q.
`
`Okay. Did you ever discuss Bart at teachers
`
`Page 48
`
`meetings?
`
`A.
`
`Q.
`
`Yes.
`
`Can you tell you tell us a little bit about
`
`those discussions?
`
`A.
`
`The one I distinctly remember was I brought his
`
`name up in our team meeting. Our
`
`team meetings were
`
`often focused on troubled children.
`
`I brought his name
`
`up, and I said, "I believe that Bart Palosz is a kid in
`
`crisis, and he really needs our help."
`
`Can you hear me?
`
`Q.
`
`I think I just cut out at little. Did you say
`
`"Bart Palosz is a kid in crisis"?
`
`Is that what you said?
`
`A.
`
`Q.
`
`A.
`
`Yes.
`
`Okay.
`
`And as I recall, at least one teacher said,
`
`"Ew,
`
`Okay. But even if you can no longer remember Rime
`
`he's gross.
`
`He picks his nose," and several of the
`
`teachers laughed.
`
`Q.
`
`Do you recall which teacher said,
`
`"Ew, he's
`
`gross.
`
`He picks his nose"?
`
`A.
`
`I believe -- oh, goodness.
`
`It was so long ago.
`
`I don't -- I don't have a specific name, and I don't want
`
`to point the finger at someone who wasn't the one who
`
`said it.
`
`Q.
`
`www.huseby.com
`
`Huseby Global Litigation
`
`800-333-2082
`
`oe
`
`
`
`ANNA IZABELA PALOSZ, ET AL. vs TOWN OF GREENWICH, ET AL.
`Stacey Strand on 02/15/2022
`
`Page 49 |
`the name, do you have a distinct memory of at least one
`
`teacher saying,
`
`"Ew, Bart is so gross.
`
`He picks his
`
`nose"?
`
`MS. GAYTHWAITE: Objection.
`
`THE DEPONENT: Yes.
`
`BY MS. GOLDSTEIN:
`
`Q.
`
`Okay.
`
`You have a definite memory of a teacher
`
`Saying that at a teacher meeting?
`
`MS. GAYTHWAITE: Objection.
`
`~
`
`THE DEPONENT: Yes. And several teachers
`
`laughing -- were laughing.
`
`BY MS. GOLDSTEIN:
`
`Q.
`
`Okay. Were you -- what did Pat McNamara or any
`
`other administrator or anyone else -- any staff member
`
`from the school tell you about -- withdrawn. Withdrawn.
`
`I'm asking this in an inarticulate way.
`
`Were you -- did you ever suggest that you might
`
`call Bart Palosz's parents to let them know what was
`
`going on?
`
`8SSERSSNESSSEEEEEEESRST
`
`It would
`
`MS. GAYTHWAITE: Objection.
`
`THE DEPONENT: Yes.
`
`MS. GOLDSTEIN: Yes?
`
`GOLDSTEIN:
`
`And can you tell us about that conversation?
`
`I was told they didn't speak English.
`
`www.huseby.com
`
`Huseby Global Litigation
`
`800-333-2082
`
`
`
`ANNA IZABELA PALOSZ, ET AL. vs TOWN OF GREENWICH, ET AL.
`Stacey Strand on 02/15/2022
`
`BY MS. GOLDSTEIN:
`
`Q.
`
`As well as the write-ups that you were sending
`
`Page 53
`
`to the administration. Correct?
`
`MS. GAYTHWAITE: Objection.
`
`THE DEPONENT: Yes.
`
`BY MS. GOLDSTEIN:
`
`I wanted MMUee SREY
`
`Q.
`
`Okay. Was Al Sackey aware of the bullying that
`
`Bart Palosz experienced either in 7th or in 8th grade
`
`when -- because he was the assistant principal for 8th
`
`grade.
`
`Do you think that Al Sackey was aware of the
`
`bullying that Bart Palosz experienced?
`
`MS. GAYTHWAITE: Objection to form and
`
`foundation.
`
`THE DEPONENT: Yes.
`
`BY MS. GOLDSTEIN:
`
`Q.
`
`And what is the basis for your saying that
`
`Sackey, Al Sackey was aware of the bullying?
`
`MS. GAYTHWAITE: Objection to form
`
`MS. GOLDSTEIN:
`
`Go ahead.
`
`You can answer.
`
`THE DEPONENT: Because my write-ups were -- in
`
`8th grade were to Al Sackey.
`
`BY MS. GOLDSTEIN:
`
`Q.
`
`Okay. Are you -- I'm going to get back to the
`
`information that you just gave us about the alternative
`
`programs in a moment. But before we get there,
`
`www.huseby.com
`
`Huseby Global Litigation
`
`800-333-2082
`
`
`
`ANNA IZABELA PALOSZ, ET AL. vs TOWN OF GREENWICH, ET AL.
`Stacey Strand on 02/15/2022
`
`you please repeat your response, ma'am?
`
`THE DEPONENT: Yes. There was a camera system
`
`put into Western during my tenure there that was -- we
`
`were told was to monitor various interactions in the
`
`Page 55
`
`hallways.
`
`BY MS. GOLDSTEIN:
`
`into, Te
`
`Q.
`
`A.
`
`Okay. And with respect -- who is Carol Sutton?
`
`Carol Sutton was head of the union anda
`
`colleague.
`
`I worked with her.
`
`She was my teaching
`
`partner when I first started at Greenwich High School.
`
`Q.
`
`Were -- did you ever have a conversation with
`
`Carol Sutton where she told you anything about any videos
`
`recording Bart being bullied in any of the schools in the
`
`Greenwich Public School system?
`
`MS. GAYTHWAITE: Objection.
`
`MS. GOLDSTEIN:
`
`You can answer.
`
`THE DEPONENT: Okay. Carol Sutton called me one
`
`day and said, "Sit down."
`
`So I did.
`
`And she said -- she is the one who told me that
`
`Bart committed suicide.
`
`So I asked her a few questions.
`
`I was not teaching at the time when he shot himself or
`
`killed himself.
`
`She told me that -- I asked what was
`
`happening at the high school
`
`to him?
`
`I had presumed that
`
`it would stop; it was a much larger school he was feeding
`
`that he was being successful.
`
`I never heard
`
`
` ROOT WET
`
`www.huseby.com
`
`Huseby Global Litigation
`
`800-333-2082
`
`
`
`ANNA IZABELA PALOSZ, ET AL. vs TOWN OF GREENWICH, ET AL.
`Stacey Strand on 02/15/2022
`
`Page 56 |
`
`anything.
`
`She said, "Apparently, kids were beating him up
`
`in the hallways. And other kids were filming it and
`
`laughing and thinking it was funny."
`
`BY MS. GOLDSTEIN:
`
`Q.
`
`And did she tell you that the Greenwich Public
`
`School system had seen those videos of kids beating Bart
`
`is remove him directly from the mainstream building into
`
`up in the hallways of Greenwich High School?
`
`MS. GAYTHWAITE: Objection to form and
`
`foundation.
`
`MS. GOLDSTEIN: You can answer.
`
`THE DEPONENT: According to her, it was under
`
`investigation.
`
`BY MS. GOLDSTEIN:
`
`Q.
`
`Okay.
`
`So let's go back a little bit to the
`
`alternative schooling options that you started to talk
`
`about a little while ago. And let me just take a step
`
`back and ask you, what other programs and options were
`
`available -- would have been available to Bart other than
`
`attending, you know, classes at Western Middle School and
`
`Greenwich High School? Tell us what
`
`the universe of
`
`options might have been had they been made available to
`
`Bart.
`
`A.
`
`Okay. There are three that I can think of.
`
`One
`
`
`BUOT
`
`Se
`
` ee
`
`RO
`
`www.huseby.com
`
`Huseby Global Litigation
`
`800-333-2082
`
`
`
`ANNA IZABELA PALOSZ, ET AL. vs TOWN OF GREENWICH, ET AL.
`Stacey Strand on 02/15/2022
`
`of 2011?
`
`A.
`
`Q.
`
`Not to my recollection.
`
`Have you kept any sort of personal notes or
`
`personal diaries concerning your interaction with Bart
`
`Palosz when he was at the Western Middle School?
`
`A.
`
`No.
`
`I was overwhelmed at Western Middle School
`
`with 130 students and lunch duty every day and the
`
`violence and the culture of fear in that school.
`
`I
`
`didn't -- believe me, between creating new courses,
`
`having a student teacher, dealing with daily fights that
`
`I was breaking up -- I'm 5'2 and 100 pounds.
`
`I was
`
`breaking up fistfights with kids who were twice my size.
`
`I didn't -- and I was -- I would come home, pick
`
`up my children, and I was a full-time mom, single mom.
`
`So the answer is,
`
`I did not have a moment to keep a
`
`journal.
`
`It's all in my memory, and it's in writing with
`
`Ee. 2k ion't know what happened to the
`
`write-ups that I made, and I don't know what happened
`
`with the filmage in the school.
`
`I'm not privy to any of
`
`that information.
`
`School had, a disciplinary form. EEoe Meee
`
`Q.
`
`When you said write-ups, Ms. Strand, what -- is
`
`that a form or was it just email? Or what form did a
`
`write-up take?
`
`A.
`
`There was a specific form that Western Middle
`
`www.huseby.com
`
`Huseby Global Litigation
`
`800-333-2082
`
`
`
`ANNA IZABELA PALOSZ, ET AL. vs TOWN OF GREENWICH, ET AL.
`Stacey Strand on 02/15/2022
`
`Page 67
`
`It's the same thing I said to Pat McNamara. And
`
`SgCENSESSSRENEPL
`
`Q.
`
`And when were you supposed to fill out
`
`the
`
`disciplinary write-up form?
`
`A.
`
`As soon as possible after an incident had
`
`occurred.
`
`Q.
`
`And what were you supposed to do with the
`
`disciplinary form?
`
`A.
`
`Give it to the administrator of the grade
`
`of the students.
`
`Q.
`
`And did you -- was that a paper form that
`
`then would hand to the administrator?
`
`A.
`
`Yes. Or if the administrator was not in the
`
`building,
`
`to the secretary, Donnie Johnson,
`
`to forward,
`
`to give to Mr. Sackey or Mr. Pepe when they came in the
`
`next day.
`
`Q.
`
`And is it your memory that you actually filled
`
`out forms and gave them to Mr. Pepe?
`
`A.
`
`Not to Mr. Pepe.
`
`It -- I was usually there
`
`after the administration was gone.
`
`So most of my forms
`
`were given to the secretaries to pass on to the
`
`appropriate administrator, which I assumed was happening.
`
`Q.
`
`Do you have any memory of speaking to either
`
`Mr. Pepe or Mr. Sackey about these write-up forms?
`
`A.
`
`Q.
`
`Yes. Mr. Sackey in particular.
`
`What can you recall about those conversations?
`
`www.huseby.com
`
`Huseby Global Litigation
`
`800-333-2082
`
`
`
`Page 68
`
`it's the same as the email I sent out after having that
`
`conversation with QJ.
`
`It also had to do with my
`
`lunch, making sure that it was appropriate and acceptable
`
`in that school to eat with the students during lunch
`
`‘duty.
`
`I didn't want. to get myself in trouble and/or to
`
`have them in my classroom.
`
`So it --
`
`Q.
`
`So -- I'm sorry. Did you finish?
`
`ANNA IZABELA PALOSZ, ET AL. vs TOWN OF GREENWICH, ET AL.
`Stacey Strand on 02/15/2022
`
`800-333-2082
`
`A. Well, yeah. There were just -- I wanted to make
`
`sure that I was following school protocol.
`
`Q.
`
`What can you recall about what you said and what
`
`Mr. Sackey said about
`
`the write-up forms concerning Bart
`
`Palosz?
`
`MS. GOLDSTEIN: Object to the form. Object to
`
`the form.
`
`You can answer.
`
`THE DEPONENT: Okay.
`
`It was along the same
`
`lines as my conversation with Pat McNamara.
`
`"We are
`
`working on getting a meeting in place.
`
`The parents don't
`
`speak English.
`
`It's making it difficult. We understand
`
`Bart's situation. And we are trying to get a meeting in
`
`place as soon as possible."
`
`BY MS. GAYTHWAITE:
`
`Q.
`
`Do you recall whether that was in the 7th grade
`
`year or the 8th grade year?
`
`A.
`
`I -- I believe it was ongoing conversation, both
`
`
`
`ANNA IZABELA PALOSZ, ET AL. vs TOWN OF GREENWICH, ET AL.
`Stacey Strand on 02/15/2022
`
`Page 69
`
`Q.
`
`I'm trying to find out
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