A Rainier School resident was punched in the eye. His assailant was a caregiver
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- A Rainier School caregiver pleaded guilty to assault after punching a resident in the eye.
- The resident, Shawn Hassig, was seriously hurt and has PTSD symptoms, a lawsuit claims.
- The caregiver admitted he “screwed up.” The complaint alleges the state was negligent.
A Rainier School resident who had thrown up was punched in the eye and seriously injured by a staff member last year at the state-run facility in Pierce County for people with developmental and intellectual disabilities, court records show.
Now, a recently filed lawsuit claims that the Washington State Department of Social and Health Services, which operates Rainier School, breached its duty to protect Shawn Hassig from harm and failed to train and supervise its caregivers.
Hassig, 41, has non-verbal autism, an intellectual disability and an anxiety disorder, according to the lawsuit filed June 25 in Pierce County Superior Court. He was punched in the left eye by a facility employee on Aug. 1, 2025, suffering a broken orbital bone and other injuries that required hospital treatment, the suit said.
Zachary Zydek, an attendant counselor, pleaded guilty to fourth-degree assault in March, a gross misdemeanor, and was sentenced to two years of unsupervised probation for the incident, according to criminal court records. Zydek, now 26, admitted to Buckley police that he “screwed up” and wanted to take accountability after overreacting when Hassig hit a co-worker, according to Zydek’s arrest report.
James Chong, one of the attorneys representing Hassig and Hassig’s mother in the lawsuit, told The News Tribune on Tuesday that the incident was “a clear case of public agency failure.”
“Imagine a DSHS caregiver attacking its developmentally disabled client. This is a person with a functional ability of a child,” Chong said in an interview. “It’s difficult to imagine, but that’s what happened here.”
DSHS declined to comment on the pending litigation. Jessica Nelson, an agency spokesperson, confirmed Tuesday that Zydek’s employment with DSHS ended the day after the assault.
Zydek, who is not named as a defendant in the lawsuit, could not be reached for comment.
Hassig had eaten a whole package of Oreo cookies before he became sick, according to the police report, citing an assistant superintendent at Rainier School.
After Hassig threw up on the floor, Zydek attempted to remove him from bed to force him to clean up the mess instead of ensuring that he was OK, the lawsuit said. When Hassig resisted, Zydek punched him, according to the suit.
Zydek told police that the incident occurred when Hassig started throwing his arms around and punching him and his co-worker who was assisting, leading Zydek to overreact after his colleague was hit two or three times, the police report said.
Zydek, who claimed he heard that Hassig had “past behaviors where he intentionally vomits,” acknowledged to police that he sought to hold Hassig accountable for the mess and didn’t follow policy. He told police he should have instead followed Hassig’s behavioral support plan to defuse the situation, according to the report.
The plan outlines steps that caregivers should take when Hassig “responds aggressively to threatening behavior,” not unlike how “many” developmentally disabled adults do, according to the lawsuit.
“There’s no excuse for what happened,” Chong said.
As part of his plea bargain, Zydek was given a suspended one-year jail sentence and ordered to stay away from Hassig, court records show.
Zydek apologized to Hassig and his family in a written note, the lawsuit said. Hassig, who remains at Rainier School, has shown signs of post-traumatic stress disorder in the aftermath of the assault, including refusing to get out of bed and avoiding tasks, according to the complaint and Chong.
The lawsuit alleges negligence and abuse of a vulnerable adult against DSHS. It seeks unspecified damages and legal fees.
Rainier School has faced abuse allegations in the past, and legislation last year proposed shutting it down. The facility and Yakima Valley School — two of the state’s four residential rehabilitation centers — instead will remain open but cannot accept new residents. Rainier School’s proponents have said its role is critical and that community-based alternatives are insufficient.
