Walker is a 4th grader, an adopted black boy, born from a crack addicted
mother, who has been diagnosed with Attention Deficit Hyper Activity
Disorder. 

for an overnight outing.

She tells them that he is on medication, but can participate in swimming
pool activities.  But cannot swim.  They assign an adult buddy to watch him
in the pool.

The Church takes the kids to a County owned and operated pool.

He fails the swim test run by the County.  There are two County lifeguards.
He is told to stay in the shallow end.

The buddy goes to the deep end.

One lifeguard leaves his post and gives swimming lessons in the deep end.

According to Walker's experts he has been diagnosed with traumatic brain injury.  Lost 16 IQ points.  (which is disputed by the Church)

Here is the Church's defense:

    1.    Its the lifeguard's fault.

    2.    Not breathing for only 45 seconds, no injury.

    3.    He was speaking fine after being revived.

    4.    Blood test show no brain injury at ER.

    5.    Had prexisting problems same as now.

    6.    Mother is a crack addict.  All crack babies have the same problem.

    7.    Twin sister has same problems.

    8.    There is a Thanksgiving tape of Walker signing and dancing in a Church
Choir.  (He's fine)

This is all the info I was given on the case. Is it enough info for you to form an opinion?  If you have an opinion please tell me. and if you have questions in order to give an opinion please ask.

Who is at fault? (if anybody)
why?
Was Walker brain injured? why or why not?