The family is asking or $25,000 in damages-claiming the daycare violated several state childcare rules.
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The suit revolves around an incident that happened in November 2016 in which the lawsuit says Nancy Shuey grabbed her 4-year-old student by the arm, dragged him across the floor, forcefully placed him in a cubby and blocked him from escaping.
Shuey was criminally charged. ABC11 found the paperwork where Shuey admitted to losing her patience while trying to control her student.
Shuey spoke exclusively with ABC11 about the allegations.
When asked whether she dragged the boy, she said: "Well, I kept calling my assistant to come help me. He was misbehaving. That was the whole thing. Nobody would come and help me. I talked to the parents. The kid kept sticking his hands up girl's shirts, then down their pants. I just didn't want it to get out of control."
The court granted Shuey a conditional discharged, dismissing her charges once she completed community service and probation.
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When asked whether she considered other disciplinary methods, she said: "I tried everything with him. He was something else."
The lawsuit claims Shuey and Yadkin Road Head Start failed to provide a safe learning environment failed to comply with state childcare rules and failed to follow their own policy that prohibits corporal punishment.
"I didn't know what else to do," Shuey said. "I mean he was always out of control. My assistant was supposed to help me. What? I'm supposed to let him run around, fall down on the floor."
ABC11 reached out to all parties mentioned in the suit including Action Pathways, the corporate office for Head Start. We did not receive a response in time for this publication.