A family has filed a personal injury lawsuit on behalf of their young daughter, an alleged victim of both verbal and physical school bullying, as reported by the Press Republican from Saranac Lake, New York.
The suit, filed by the victim's parents, A.O. and H.O., is seeking $6 million in damages. It was filed in Northern New York District Court for incidents stemming from June 2010, when the child was 11.
A.O. and H.O. allege that racial slurs written in deodorant was aimed at their daughter - while at school - and that her backpack was "ripped and destroyed." Additionally, the words, "f - k ni - er", were written in her view on an area of the school's cement.
Investigations and interviews were done by the Saranac Lake Police in response to the incident.
No one was arrested though over a dozen were interviewed.
A year after the incident, and continued difficulties faced by the victim, A.O. and H.O. notified the school that they were going to proceed with litigation.
The suit names the Saranac Lake School District, Superintendent G.G., Middle School Principal P.K. and School Board President D.L.
Allegedly the child continues to be bullied at the same school.
The family is seeking a trial by jury.
The suit states, "School authorities were made aware throughout the past two years and advised of bullying and violence toward the minor, and of the chronic harassment and violence toward (the victim), which continues to date."
The suit further contends that the school both "directed and arranged" for the victim to work alongside as a partner, "with the student who had sexually harassed and bullied her by grabbing her breast and threatening to beat her up and who was a suspect of the June 21 backpack incident."
It is alleged in the lawsuit that this same bullying student is accused of an incident on September 8, 2010 in which she "pushed (the victim) down several stairs at school and no corrective action was taken."
The child is "unable to utilize the bathroom facilities at school all day long due to extreme fear and distress" caused by repeated acts of violence and bullying.
A.O. and H.O. claim a minimum of six counts of failure by the district to protect their child, which include: to train and supervise employees, set policy to prevent unconstitutional acts, discipline students and personnel who committed unconstitutional acts, set policy for reporting harassment and bullying incidents, and protecting the victim as they had "promised to do..."
The suit states that the school was further aware that "students encouraged plaintiff to commit suicide."
Five violations of civil, human and constitutional rights are also claimed - along with negligence and gross negligence - in requesting $1 million in compensatory damages, and at least $5 million for punitive relief.
Has your child been a victim of bullying while at school or on school property? If your school has not corrected the problem to your satisfaction, your child doesn't need to continue to suffer, contact a personal injury lawyer today!