INDIANAPOLIS, Ind. – The parents of a 1-year-old boy beaten at an Indianapolis day care in May are filing a civil lawsuit against the owner of the establishment and a worker, claiming negligence.
This lawsuit comes months after the Marion County Prosecutor’s Office announced that it would not be pursuing criminal charges against Kiddie Garden Day Care.
In a statement issued in May, Prosecutor Terry Curry said “Based on the investigation including medical review, statements from all parties, and cell phone records, the evidence does not support a criminal charge based on Indiana code.”
Curry went on to say that a medical expert confirmed that the victim’s injuries were consistent with having been inflicted by another young child.
“The child was reportedly placed in a safe sleeping environment in the same room as an age appropriate child and checked on by the employee periodically,” wrote Curry. “The day care employee who was responsible for the child’s care has cooperated in the investigation.”
The child’s mother, Tiffany Griffin, first told CBS4 that she could hear her baby boy, Jesse, screaming when she arrived to the day care near 38th Street and Oxford. She said she got a call from the business a few hours after she dropped off Jesse and her older son.
When Tiffany arrived, she said Jesse had cuts to his face and both of his eyes and lips were swollen. A worker reportedly told the mother that another child had assaulted the baby.
The worker on duty at the time was fired, and the Family and Social Services Administration ordered the day care to close on May 2.
According to a complaint filed Wednesday, the parents of baby Jesse claim:
- The defendants failed to have a qualified day care provider to supervise their son and other children.
- The day care failed to seek timely treatment of the injuries sustained to baby Jesse.
- There was inappropriate care and/or supervision of their son.
- And an act of battery was committed on Jesse “by the rude, angry or insolent touching of his person while under the care and supervision of the defendants.”
Jesse’s parents are seeking damages, according to the lawsuit. The exact amount wasn’t disclosed.
Jesse’s family shared these recent photos of the little boy: