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The town of Atherton and the local high school district are spending more than half a million dollars to settle a student’s lawsuit over allegations that police used excessive force when arresting him. After two years of litigation, on Feb. 27, the town and Sequoia Union High School District agreed to pay a total of $560,000 to resolve the case.
In April 2023, a Black Menlo-Atherton High School student identified as K.C. had his water toy confiscated by school staff when students were playing a game called “Senior Assassin.” K.C. was allegedly the only student who was unable to get his toy back at the end of the day. According to the lawsuit filed in federal court in 2024, when school administrators refused to return it to him, K.C. began to experience emotional frustration and distress.
Despite knowing that K.C. was a special education student, school staffers called the police instead of bringing in a special education teacher to de-escalate the situation, the lawsuit alleges.
Atherton police sent out a news bulletin saying that during K.C.’s emotional disturbance, he physically assaulted a school administrator by pushing them into a wall, spitting on them and calling them homophobic slurs. The student’s attorneys denied that K.C. touched or spit on anyone.
K.C. walked out of the office to remove himself from the upsetting situation, according to the lawsuit, and was approached by Atherton police officers at the bus stop on Middlefield Road, where he was arrested.
A viral video of the incident showed K.C. being pinned to the ground by police officers as he yelled, “Get off of me! My hernia! My stomach!” Students can be heard telling officers that K.C. was recovering from surgery. The harsh movements of the arrest caused him extreme pain, according to the suit.
The lawsuit named Atherton police officers David Metzger, Diego Romero, Igor Davidowich, Joshua Gatto and Dimitri Andruha, the Sequoia Union High School District and then-M-A vice principals Nick Muys and Stephen Emmi. Emmi currently serves as the wellness programs coordinator for the school district.
The suit alleged that police used excessive force during K.C.’s arrest and that the district released confidential student records to Atherton police without a search warrant or his parents’ permission. K.C. was later released and was not charged with any crime.
The student’s attorney, John Burris, said that the situation involving K.C. could have been handled more “humanely and positively,” without the “aggressiveness” that resulted in the lawsuit. He said he hopes that in the future, the district will be more mindful of how to resolve similar situations using de-escalation methods that will not impact its students in detrimental ways.
“ When you put someone in the juvenile justice system, on the criminal justice system, you are making a negative impact on their lives, so you shouldn’t do that unless it’s absolutely necessary, particularly with very young people,” said Burris. “ This is a young African American male, and it was important that his rights were protected so that he would not suffer harm as a consequence of this for the rest of his life.”
The majority of the settlement fees — $400,000 — were paid by Sequoia Union while Atherton paid the remaining $160,000. The school district’s attorneys stated that the settlement is not an admission of “wrongdoing or liability” and are “pragmatic decisions made to limit risk, protect resources for students, and allow the district and its employees to move forward.”
The execution of the settlement comes after the school district’s board voted in early February to close TIDE Academy, its smallest high school campus, as a cost-cutting measure in the face of structural budget deficits and declining enrollment across the district. Sequoia Union is currently involved in several other lawsuits that allege discrimination, wrongful termination and more.
“The district is pleased to have resolved this matter in a way that avoids prolonged litigation and significant additional legal costs,” said Sequoia Union’s legal team in an email. “The district believes the settlement reflects both the district’s strong legal position and its commitment to responsible stewardship of public funds.”
Burris told this news organization that this lawsuit was unique because it involved a school district, a police department and school administrators. He added that the various parties, its relationships with one another and its competing interests made litigation more complicated.
Excellent written article and your commended to write and let the citizens become aware how bad the district stands with many more issues coming. The comment by the district alleged lawyer is false as the district as I indicated in 2023 would have no choice but settle or lose in court, The main issue still stands. If the district continues to allow this administration and Board to remain in place then no student family or teacher is safe. The parent stated it well last month. You cannot have ” criminals ” remain in district or millions more will be lost for sure. Next up are more lawsuits so leave before wasted funds that could go to “Tide” go to defend this administration. Pick the door to walk thru as you do not want to take our legal team on further. The board should immediately release all information to the citizen so they can be the judge on how they are spending money and letting the lawyers bleed the district of funds with knowing at the end they lose EVERY time.
If the comments above were coming from someone else I might give them some weight. Dan Molieri is the brother of a coach that is suing the district. Saying he is biased is charitable. I’d like to hear from someone that doesn’t have an axe to grind in this case.
@MenloVoter You are being too charitable. Dan also didn’t disclose that he works for Burris who earns his living going after police forces and school districts. When I was in high school, you were not rewarded for spitting on and assaulting school administrators, you were expelled. In my opinion, due to the cost and risk, the District had no choice but to settle. I feel most sorry for the kids in the District who are ultimately the ones paying the price for K.C. and Burris’ actions.
Menlo Voter
Ask the district why is Mike Molieri home for PAID leave for 2 years. So before you take a position you should know facts and not make assumptions. Mike is home because of Shay and refusing to participate in the coverup. So again, ask the district and the lawyers to release the information we have and I’m sure you’ll be smart enough to see what we already know is another huge loss for the district which again they have zero chance to prevail.
Dan:
I haven’t “taken a position”. I pointed out that you aren’t exactly objective given your connection to the case of your brother. Why don’t you release the information you have?
Menlo Voter;
Why not ask the lawyers and district and most important to release it. I don’t work for you and I will leave this with a simple note, should the district take action against my client ( Brother) you see how bad it is. You claim to be a tax voter so you paid the over 3 million in funding to defend the police and district yet lost to a child in East palo. I’m sure you’re smart enough to know people don’t settle if they know they’re right. In this case it goes so deep into corruption and criminal activity I can’t do it all on a post., So you’re entitled to your position but I don’t take an action nor my lawyers unless we have 100 percent right thats why we have zero fear.
The bickering aside this is shameful for the high school district and the City of Atherton. When the high school district comes along in the near future asking for a parcel tax or a bond measure I hope all the voters remember this and give them a resounding NO. Having our tax dollars go to paying for their idiotic mistakes is not a good use of our money and they should not be entrusted with any more of it.