Chautauqua County is asking the state Supreme Court to remove it from a lawsuit filed against BOCES, Cassadaga, Chautauqua County and a school worker by a Brocton woman.

The lawsuit was filed earlier this year and alleges a physical assault of a child on Jan. 3, 2024, at the BOCES’ Academy at Maple Avenue in Cassadaga, according to the court filing. The assaulter was an employee of the academy at the time, the lawsuit alleges.

Attorney Michael McClaren, an attorney hired by the county in this case, argued Chautauqua County had no involvement in the alleged incident because it never employed the employee the family is accusing of abuse ehile the School Resource Officer provided by the county wasn’t present when the incidents took place. The attorneys also argued Chautauqua County doesn’t operate, maintain or control BOCES, or maintain a presence at the Cassadaga campus.

“The county cannot and should not be held vicariously liable for the actions of a non-employee for an alleged incident that occurred on property not owned or maintained by the county,” MCcClaren argued in an affidavit to the court. “Further, the county cannot be found to be negligent, where the SRO was not present during the incident, and the county does not own, maintain or employ anyone at BOCES.”

The child “suffered severe, painful, and personal injuries of an indefinite and/or permanent duration,” the suit continues. Therefore, the child “has been damaged in an amount in excess of the jurisdictional limits of all courts that would otherwise have jurisdiction over this matter.”

The child’s injuries are later called “serious, painful, and permanent.” The lawsuit claims the injuries happened as a result of negligence.

Both BOCES and the employee said in court documents that the child was not physically assaulted.

The Brocton woman’s attorneys argue she has been deprived of the services of her son and has been responsible for medical bills and other economic damages due to the alleged incident.