Lawsuit alleges excessive force by Sparta Middle School gym teacher

The father of a Sparta Middle School student has filed a federal civil rights lawsuit against the school district claiming a gym teacher at the school violated his son’s Fourteenth Amendment rights by using unlawful and excessive physical force against his 11-year-old son last fall.

The lawsuit against Sparta Board of Education, the Sparta Township School District and gym teacher John Procopio was filed in U.S. District Court on Feb. 6 by attorneys with The Toscano Law Firm on behalf of plaintiff Ray Strumolo, guardian for “A.S.” It alleges that on or about Oct. 23, 2025, A.S. and another student engaged in “a minor physical altercation involving pushing.”

“In response,” Strumolo alleges in the complaint, “Procopio ran toward A.S., grabbed and/or seized him, and used force that was objectively unreasonable and grossly disproportionate to the circumstances, including forcibly driving/slamming A.S. to the ground. After forcing A.S. to the ground, Procopio stood over A.S. in a threatening and intimidating posture and pointed at and/or into A.S.’s face. Procopio then grabbed A.S. by the collar/neckline area of A.S.’s clothing and forcibly escorted A.S. out of the gymnasium. The force used by Procopio was grossly disproportionate to the circumstances, was not reasonably necessary to prevent harm, and constituted excessive physical restraint imposed on a minor child under Procopio’s custodial control. Procopio’s actions constituted an unnecessary and excessive physical restraint of an 11-year-old child and an unlawful invasion of A.S.’s bodily integrity. As a direct and proximate result of Procopio’s conduct, A.S. suffered physical pain and injury and experienced fear, distress, and emotional trauma.”

The complaint says Strumolo was permitted to view multiple video recordings of the incident on Oct. 24, 2025, the same day he met with the middle school principal and assistant principal about the incident. During that meeting, according to the complaint, he was told that the superintendent was aware of the incident and that a state investigation had been initiated.

Upon contacting Sparta police about the matter, the suit said, Strumolo was told they were aware of the incident and awaiting findings from the state.

According the lawsuit, a report by New Jersey Department of Children and Families indicates the evidence “did not meet the preponderance standard for abuse/neglect, but that the evidence nonetheless indicates the child was harmed or placed at risk of harm.”

When asked if the department has had any investigative involvement pertaining to the incident, Sparta police Capt. Thomas Snyder said the department cannot comment on matters involving juveniles.

Attorney for the defendants, James M. McCreedy of Wiley Malehorn Sirota & Raynes said in a phone interview he could not comment on the New Jersey Department of Children and Families report or whether the school district conducted its own investigation.

The lawsuit says Procopio had been “suspended/placed on administrative leave” during the state investigation and was returned to “employment and student facing duties” in January. McCreedy said he could not confirm that, but did say that as far as he knows, Procopio is currently teaching at the middle school.

The lawsuit alleges the board of education violated A.S.’s constitutional rights due to a “failure to implement and/or enforce adequate policies restricting staff use of physical force and physical restraint on minor students; failure to train staff and supervisors in de-escalation and lawful, minimal-force interventions; failure to supervise and discipline staff to deter and prevent the use of excessive force against students; and/or ratification of unconstitutional conduct through post incident decisions and practices, including return-to duty decisions without adequate protective measures.”

The Fourteenth Amendment, according to the lawsuit, “protects public-school students from the use of force by school officials that violates a student’s right to bodily integrity and personal security, including force that is excessive, punitive, and conscience shocking in a custodial school setting.”

“We intend to defend the case vigorously,” said McCreedy. “We filed a motion to dismiss, and we anticipate a decision on that sometime over the summer.”

According to the motion to dismiss, “A.S. was involved in an altercation with another student that had to be broken up. As plaintiff admits, the IAIU investigated and cleared defendants of the abuse charge. Therefore, despite whatever alleged injuries plaintiff claims, no claim can lie against defendants as a matter of law.”

The motion also says the lawsuit must fail because “Plaintiff’s complaint does not state a legally cognizable claim for excessive force against a school official. Plaintiff’s own factual allegations make clear that the “force” (assuming arguendo that “force” is even the correct word) used was because A.S. was involved in an altercation with another student, and it is not only reasonable, but mandatory, for a school official to end such an altercation.”

Attempts to obtain comment from Patrick Toscano, the plaintiff’s attorney, were unsuccessful.