After a week of jury selection, a roughly $139 million settlement was announced today to resolve dozens of lawsuits against the Los Angeles Unified School District stemming from the abuse of students at Miramonte Elementary School.
Plaintiffs’ attorneys Luis Carrillo and John Manly said the district will pay $139.75 million to settle the cases involving 82 former Miramonte students. The LAUSD said the settlement amount is $139.25 million.
Manly said the settlement is believed to be the largest of its type involving a school district.
The district previously paid about $30 million to settle more than 60 other Miramonte abuse claims.
“Our goal from the outset of these appalling revelations has been to spare the Miramonte community the anguish of a protracted trial, while at the same time being mindful of the financial consequences stemming from settlements,” Superintendent Ramon Cortines said. “Given these circumstances, we believe we struck a balance between those objectives.”
Former Miramonte teacher Mark Berndt was sentenced in November 2013 to 25 years in prison after pleading no contest to 23 counts of lewd conduct with a child between 2005-10.
Sheriff’s officials said the investigation of Berndt began in 2010 when a film processor turned over more than 40 photographs of children in a classroom, with their eyes blindfolded and mouths covered in tape. Some of the pictures showed Berndt with his arm around the children or with his hand over their mouths, according to the Sheriff’s Department.
A sheriff’s sergeant said some of the photographs “depicted girls with what appeared to be a blue plastic spoon, filled with an unknown clear/white liquid substance, up to their mouths as if they were going to ingest the substance.” Some photos also showed children with a large roach on their faces, sheriff’s officials said.
Sheriff’s officials said detectives found a blue plastic spoon and an empty container in the trash in Berndt’s classroom. Both items tested positive for semen, and DNA testing matched it to Berndt, according to the Sheriff’s Department.
Attorneys for the students and their families contended the district was liable for Berndt’s actions, claiming LAUSD officials had known for years about his questionable behavior. One parent alleged that Berndt lowered his pants during a 1983 field trip at a museum.
The attorneys also claimed Berndt had been caught masturbating behind his desk in the 1990s and allegedly tried to touch a girl inappropriately while she was taking a test in 1994.
Jury selection in the trial of three of the lawsuits began Monday, with hundreds of prospective jurors being questioned about their ability to serve on a case that had been expected to last as long as three months. The settlement eliminates the need for any trials.
“Throughout this case, we have shared in the pain felt by these children, their families and the community,” Cortines said. “Each day, we are responsible for the safety of more than 600,000 students. There is a sacred trust put in us to protect the children we serve. While we know Mr. Berndt went to extreme lengths to hide hid conduct, we know that our job protecting students is never done.”
Dave Holmquist, general counsel for the LAUSD, said the district wanted to resolve the litigation without “potentially painful” trials.
“We know that these settlements will provide for the future needs of these students,” he said. “We are glad that this will help close this chapter for these families. We remain committed to helping them continue the process of healing.”
