QUESTION
Can I individually sue a schoolteacher and principal if they continue to ignore my child being bullied and hit?
Asked on Aug 29th, 2012 on Personal Injury - New York
More details to this question:
My daughter has been bullied by three boys at her school. They have hit and kicked her. They tell her that they hate her and that she is dumb. She has lost interest in school and homework. She is depressed and not acting like herself. She shows anxiety on the ride to school. Can I sue the kid's parents for their kids bullying?
18 ANSWERS
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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No, the teacher is immune from suit.
Answered on May 28th, 2013 at 9:18 PM
I suggest that you appear before the school board and put them on notice of possible liability if the behavior does not stop. I suggest you explore whether or not the federal law of Equal Education for the Handicapped applies and if it does see how you might be able to use it. I suggest you put the other parents on notice of what is going on and their potential liability if it does not stop. I suggest you formally complain to the State Board of Education and the Federal Department of Education. I suggest you contact the Equal Rights Commission and file a formal complaint that your child's civil rights are being denied and the school will do nothing. I suggest you retain an attorney to help you. I am the parent of a handicapped child who experienced many of the same things and learned to distrust professional educators and know you must become the burr under their saddle to get their attention. Do not be bashful in making your complaints and be sure to make them in writing. Good luck.
Answered on Sep 07th, 2012 at 11:18 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Yes, on the parents. Probably not on the teacher and principal but probably on the school where the money is. A judgment against the teacher and principal is probably worthless (uncollectible). Contact an experienced personal injury attorney immediately.
Answered on Sep 07th, 2012 at 11:18 AM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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You should bring you a complaint to the school superintendent
Answered on Sep 07th, 2012 at 11:17 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You probably cannot sue the parents. You could sue the kids themselves. You probably could not collect a judgment, but you might get them to stop. You can possibly sue the school if you can show that the school has taken inadequate precautions to prevent this. One thing you mention in your question is that you complained to the school. If you have not done so, would recommend it.
Answered on Sep 07th, 2012 at 11:17 AM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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Even though you might consider naming the teacher and the principal, individually, as co-defendants in a law suit (along with the parents of the bullies), naming the school district as the first defendant will be, most likely, advisable. I suggest that you should a) file a written complaint with the school's principal (get the secretary to write an acknowledgment of receipt on your copy); b) after the next incident, however minor, file a written complaint with the police citing not just the latest incident but the entire history of bullying; c) send certified letters to the parents of each boy who bullies your daughter (don't threaten them with anything, just describe the problem fully and ask for the parents' help); d) if none of this helps, retain an attorney, ask him/her to apply for a restraining order against the bullies, and to file a lawsuit against the school district and the individuals involved. Meanwhile, to prevent deeper damage to your daughter's health and well-being, please, consider getting her professional help. There are psychologists and various community-based organizations that specialize in helping bullied kids. It is important to give your daughter the help she needs as soon as possible.
Answered on Sep 07th, 2012 at 11:17 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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No. You can't sue the kids parents.
Answered on Sep 07th, 2012 at 11:17 AM
Thomas Edward Gates
Yes and seek a rstraining order.
Answered on Sep 07th, 2012 at 11:16 AM
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Yes you can, under the doctrine of failure to intervene.
Answered on Sep 07th, 2012 at 11:16 AM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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Many states have enacted anti-bullying laws; however, I do not believe that Louisiana has passed such as law as of yet. I know many attempts have been made, but I do not believe that they have been successful. You may have a case against the school if it fails to respond to your complaints regarding the bullying. You may also have a claim against the parents of the bullying students if they have been advised of the child's behavior and have not corrected it. The actual damages suffered by your child will be questioned, however. It is typically best to try to resolve these issues outside of the courtroom if possible. I would attempt to get a conference with the principal and teachers and possibly even the parents of the other children to see if the situation can be resolved. Good luck and best wishes to you and your child.
Answered on Sep 07th, 2012 at 11:16 AM
Usually you sue the school itself and/or school district.
Answered on Sep 04th, 2012 at 1:43 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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There are anti-bulling laws being enacted in Michigan and many other states. Keep working with and complaining to the teacher and principal. If you get no satisfaction, call the police and get an attorney.
Answered on Sep 04th, 2012 at 1:43 PM
Ronald A. Steinberg
First, I would make an appointment and go to the school and discuss it with the principal. This needs to get fixed immediately. Follow it up by sending a letter to the principal (and keep a copy for yourself) in which you repeat all of the complaints, along with whatever solutions the principal has. Then, if nothing changes, you may have a basis for a lawsuit against the principal and the school officials. Additionally, I would instruct the principal to warn the kids that such behavior will not be tolerated. Yes, you can sue the kids. I am not sure about suing the parents, unless you can establish that the kids have done things like this before.
Answered on Sep 04th, 2012 at 1:43 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You can sue the school board etc. you didn't say, but have you exhausted efforts with the principal, and if so, have you asked the school board for an opportunity to talk to them? If you have not, you should. They may not be aware of how weak the teacher is. Many teachers are afraid to do anything because of cacism complaints and political correctness. They are tearing this country apart as you know and it is sad it is affecting your child. It will affect a lot more before it is over.
Answered on Sep 04th, 2012 at 1:42 PM
You should consult with a lawyer who handles child bullying cases for specific legal advice and direction. That lawyer should advice you on the initial legal action to take and the parties to be notified (administrative, etc.) and all of the parties to sue, if litigation is later brought.
Answered on Sep 04th, 2012 at 1:41 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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How about sitting down and talking with everybody instead? No accusations, no demands, no raised voices, just a discussion. And not by phone or e-mail either. In person.
Answered on Sep 04th, 2012 at 1:41 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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You would need to go after the school district as they are employees. Yes you can go after the parents, but you would need a high level of proof that the parents knew what was going on.
Answered on Sep 04th, 2012 at 1:41 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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You cannot sue them individually. They are employees of a governmental entity and Section 768.28, Florida Statutes, prohibits suing them individually. You need to read that statute section as there are a lot of hoops you have to jump through before you can bring a claim against any governmental entity. You would have to sue the school board.
Answered on Sep 04th, 2012 at 1:41 PM