Man files lawsuit against Smithtown group home he alleges abused teenage autistic son
Michael Schuch with his son, Michael Jr., who he alleges in a lawsuit was subjected "to a litany of physical and psychological abuses" in June 2020 at the Developmental Disabilities Institute in Smithtown. Credit: John Roca
A Mattituck man has filed a state lawsuit accusing employees of a Smithtown group home of dousing his autistic son with water last year and subjecting the teenager "to a litany of physical and psychological abuses."
Michael Schuch sued the Developmental Disabilities Institute, its chief executive John Lessard and 10 unnamed employees on June 11 in state Supreme Court in Riverhead. The lawsuit, which seeks unspecified monetary damages, accuses the institute, known as DDI, of assault, battery, negligence and violations of the state human rights law.
The water-dousing incident was confirmed by an internal investigation conducted by DDI, state authorities said in a report released in January. The lawsuit states that DDI officials offered the family only a "half-hearted apology."
Schuch, a retired technology consultant, told Newsday the incident occurred on June 12, 2020, less than six months after his son, Michael Jr., moved into DDI’s Hollywood Drive facility in Smithtown. He said his son, now 19, was 17 at the time.
He said his son also has Down syndrome and has an IQ under 40.
Schuch said his son, who still lives at DDI, has regressed since moving there, but there are few alternative facilities for people with his son’s condition.
"He’s gone backwards," Schuch said in an interview. "Everything is worse than it was before."
He said the incident that prompted the lawsuit occurred about a month after his wife, Ann Marie Schuch, died from cancer. She was 57. The couple also has twin daughters, now 17.
A state agency, the Justice Center for the Protection of People with Special Needs, said in a January report that DDI’s internal investigation, prompted by Schuch’s complaint, found that DDI staff "dripped water" over Schuch’s son.
The DDI investigation did not substantiate an allegation made by the elder Michael Schuch that his son had been improperly restrained last year in a separate incident, the Justice Center report said.
The Justice Center report said the agency agreed with DDI’s "recommendations for corrective actions," but did not specify those recommendations.
DDI spokeswoman Maria Broadway confirmed on July 29 in an email that the agency investigated Schuch's complaint, but she did not specify the outcome of the probe.
"As we would with any situation raised regarding the hundreds of people we support, DDI has been transparent and cooperative to ensure any claim is fully investigated and appropriately addressed," she said.
DDI operates housing, vocational and therapy programs for about 1,500 children and adults with special needs.
A Justice Center spokeswoman said in a July 13 email that the agency was prohibited from commenting because of the sensitive nature of the case.
The state Office for People with Developmental Disabilities, which regulates DDI, also said it was barred from commenting.
The state agencies are not named as defendants in the lawsuit.
The Schuch family’s Garden City lawyer, Brad Gerstman, said DDI’s treatment of the younger Michael Schuch was "beyond outrageous."
"Needless to say, this is abuse at the highest level and significantly damaged our client from an emotional and behavioral standpoint in a significant way," Gerstman said.
Carl MacGowan is a Long Island native who covers Brookhaven Town after having previously covered Smithtown, Suffolk County courts and numerous spot news and feature stories over his 20-plus year career at Newsday.
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