Brendan Depa, an 18-year-old high school student with autism in Florida, has filed a lawsuit against Flagler County Public Schools, claiming that the school district failed to address his behavioral issues, ultimately leading to a violent incident in which he allegedly attacked a teacher’s aide. The incident, which was caught on video and went viral, shows Depa pushing, punching, and kicking the teacher’s aide after being denied permission to use a Nintendo Switch console. The lawsuit alleges that the school did not adequately address Depa’s disabilities, including autism, communication deficits, and explosive behavior, as well as his need for social and pragmatic language interventions.
The complaint states that the school ignored Depa’s previous outbursts, including spitting at a student, making verbal threats, and displaying an explosive nature. The lawsuit claims that if these issues had been addressed in a timely manner, Depa would not have harmed the teacher’s aide, resulting in his arrest and potential incarceration. The complaint alleges that the school knew that the Nintendo console was a trigger for escalating behavior in Depa, prompting the attack on the teacher’s aide. Despite multiple incidents of misconduct, the school allegedly did not provide Depa with the necessary interventions to address his behaviors.
Depa has filed a request for a due process hearing under the Individuals with Disabilities Education Act, seeking a determination that the school district’s actions before and after the incident led to the violent attack on the teacher’s aide. The lawsuit points out that Depa has a history of trauma and mental health issues, along with multiple disabilities that impact his behavior in school settings. The school’s failure to address these issues adequately, according to the complaint, ultimately led to the February 2023 incident in which Depa allegedly attacked the teacher’s aide.
The teacher’s aide, Joan Naydich, suffered severe injuries as a result of the attack, including five broken ribs, a severe concussion, and loss of hearing in one ear. Naydich has faced financial and emotional struggles since the incident, as well as ongoing physical and cognitive issues that she believes will affect her for the rest of her life. Depa, who is being charged as an adult, has previously pleaded no contest to a first-degree felony aggravated battery charge and faces up to 30 years in prison. His sentencing is scheduled for May 1.
Court documents show that Depa has had three prior misdemeanor battery charges, stemming from incidents in 2019, all of which were resolved through a program within the Department of Juvenile Justice. Despite his past behavior, the lawsuit alleges that the school district failed to provide Depa with the necessary interventions and support to prevent the violent attack on the teacher’s aide. The school has declined to comment on the lawsuit, and Naydich has been granted a permanent injunction for protection against repeated violence from Depa.