‘Preventable tragedies.’ Manatee school officials face lawsuit in child sex abuse case
A mother is suing the Manatee County School Board, alleging officials ignored a warning about a teacher aide accused of abusing her two children at a local elementary school.
The lawsuit claims the principal of Florine J. Abel Elementary School dismissed a parent’s concern about a teacher aide, allowing him to remain in the classroom despite a “history of sexual harassment.” The lawsuit seeks over $200,000 in damages.
Angel Rodriguez Mercado, 68, worked with a small group of children at the elementary school in South Manatee County teaching English for Speakers of Other Languages (ESOL). He was arrested in November 2023 after detectives said he molested a student.
The lawsuit, filed in federal court in October, alleges that Principal Samantha Webb brushed off a prior complaint from another parent about Mercado’s behavior, comparing it to a “grandfather’s affection.” The lawsuit accuses the School District of Manatee County of negligence and violating Title IX protections, which require schools to provide a safe learning environment free from harassment and abuse.
“There were so many steps the school could have taken,” said Krisel McSweeney, the mother’s attorney. “They could have investigated, supervised this teacher or even terminated his employment. Instead, they gave him unfettered access to students, which allowed the abuse to continue for months.”
The School District of Manatee County declined to comment when reached by the Bradenton Herald. Spokesperson Michael Barber said “the district does not comment on pending litigation.”
An attorney for Mercado did not immediately respond to the Bradenton Herald’s request for comment.
Lawsuit alleges school officials failed to investigate abuse
The lawsuit alleges that Mercado sexually abused the plaintiff’s two children, a 7-year-old boy in second grade and an 8-year-old girl in third grade, multiple times from August 2022 to June 2023. The alleged sexual abuse consisted of Mercado placing them on his lap and “fondling their private areas” on multiple occasions in class.
After learning of her children’s abuse in November 2023, the mother said she promptly reported it to the school’s principal and law enforcement. According to the lawsuit, Principal Webb disclosed that a parent had previously made similar complaints about Mercado, but she dismissed the concerns, describing his behavior toward students as being “like a grandfather.”
In the previous complaint made in April 2023 a parent notified the principal of her son’s disclosure that Mercado placed him on his lap and “touched him in a way that made him feel uncomfortable,” according to the lawsuit.
The mother alleges that had the school investigated the earlier warning, her children might have been protected from harm. The lawsuit seeks damage for emotional distress and other harm caused by the abuse, which McSweeney said was extensive.
“This is a single mother who trusted the school to keep her children safe. Learning that there were red flags ignored by school officials has devastated this family. The children are in therapy and continue to experience distress daily,” said McSweeney.
McSweeney said the family was forced to move after the abuse and described the events as “life-changing.”
Former Manatee County teacher faces sex abuse charges
In Florida, negligence claims against government entities are capped at $200,000 per claim under state law. However, McSweeney said Title IX lawsuits in federal court are not subject to this limit. A jury is expected to determine damages based on the evidence presented in trial.
Detectives said at the time of Mercado’s arrest that Mercado confessed to molesting at least one student during interviews and that they “determined through the interviews that it happened a couple of times.”
But detectives also said at the time that there were “concerns that there may be some other students who haven’t come forward.”
Court documents show that an investigation by the Manatee County Sheriff’s Office revealed other students were also allegedly sexually abused by Mercado at the school. In one of the cases, detectives say a student began to cry and said she was going to tell a teacher. Mercado allegedly told her, “If you tell the teacher, it’s gonna get worse for you.”
Mercado faces lewd and lascivious molestation charges in four different cases where detectives say he sexually abused students in his classroom, according to arrest records.
In Florida, lewd and lascivious molestation of a minor under the age of 12 is a “life felony.” It carries a punishment of at least 25 years and up to life in prison, according to Florida Statutes.
According to court records, Mercado is next scheduled to appear in court for a hearing on March 12.
“It’s important to hold schools accountable when preventable tragedies like this occur,” said McSweeney. “If school officials don’t take action to protect children, these abuses will continue.”
