In a harrowing case that highlights the vulnerabilities of special education students, a family has taken legal action against a school district for alleged negligence and failure to protect their child. The complaint was filed by Louis Costanzo, through his parents Faith and Louis Costanzo, in the Superior Court of California, County of Santa Clara on April 15, 2025. The defendant named in the lawsuit is the Campbell Union School District (CUSD).
The lawsuit paints a distressing picture of a young student’s experience at Campbell School of Innovation (CSI), operated by CUSD. The plaintiff, identified as Louis Costanzo, was diagnosed with Autism Spectrum Disorder and Pragmatic Speech Disorder. His parents claim that despite these diagnoses and his individualized education plan (IEP), which marked him as having special education needs, the school failed to provide adequate protection and supervision. According to the complaint, Louis faced severe bullying from peers which escalated over time due to alleged negligence by school authorities.
On August 31, 2022, an incident occurred where Louis was physically attacked by another student on campus. This attack reportedly included kicking and choking, exacerbating Louis's existing anxiety and depression issues. Despite being aware of previous bullying incidents involving the same student pouring water into Louis's backpack, the school's response was allegedly insufficient.
The situation worsened when in late October or early November 2022, one of the students who had bullied Louis allegedly sexually assaulted him in a school bathroom—an area known for being unsupervised and problematic according to complaints made by his parents. The family claims that this assault could have been prevented if proper supervision had been in place.
Throughout these events, it is alleged that CUSD staff failed to take necessary actions despite being informed multiple times about ongoing bullying and safety concerns for Louis. The family's repeated requests for additional support or supervision were reportedly dismissed or inadequately addressed.
The plaintiffs are seeking damages for negligence, negligent supervision, maintaining dangerous conditions on property, and negligent infliction of emotional distress. They are asking for compensation exceeding $50,000 for medical expenses and more than $500,000 for pain and suffering due to emotional distress caused by these events. Additionally, they seek punitive damages over $500,000 along with other costs related to this suit.
Representing the plaintiffs are attorneys from Tollner Law Offices including David H. Tollner Esq., Sarah Fairchild Esq., Mark J. Wojciechowski Esq., and Kelly Chacon Esq. The case is presided over by Judge Y. Chavez under Case No.: 25CV463573.