October 2018 E-Newsletter

The Law Offices of Frederick K. Brewington

Civil Rights and Personal Injury and General Practice Law Firm, Dedicated to Social Justice

The Law Offices of Frederick K. Brewington
 

Bullied Student's Case against School District Allowed to Proceed


The United States District Court, Eastern District of New York allowed a mother whose son was being bullied at school to have her case proceed. Frederick K. Brewington and Cathryn Harris-Marchesi of The Law Offices of Frederick K. Brewington represented the Plaintiffs.

In Thorpe v. West Hempstead Union Free School District, Pamela Thorpe, the student's mother, claimed that, on December 7, 2015, her son was physically and sexually assaulted by another student in the locker room at West Hempstead High School. When the student reported the incident to the defendant principal, the principal told the student that another student on the junior varsity basketball team was also attacked, but he "moved on from it" and suggested the Plaintiff do the same. The principal met with the attackers and harassers, which resulted in more harassment of the Plaintiff.

The Plaintiffs also showed the two school Principals a group chat in which those who saw the incident refused to report it. The group chat proved that the incident did happen, and the school took no action against the attackers, resulting in more harassment and threats against the Plaintiff.

On July 23, 2018, U.S. District Court Judge the Hon. Joseph F. Bianco rendered a decision on the District’s motion to dismiss. The first part of that decision was that he was denying the District’s motion to dismiss the civil rights claim that the District had denied the Plaintiffs their substantive due process rights under the 14th Amendment to the United States Constitution. He also determined that there was a plausible claim under the state-created danger theory for purpose of a motion to dismiss, and concluded the § 1983 claim can proceed under the state-created danger theory.

In relation to the pattern and practice allegation against the District, Judge Bianco stated, “I don't believe it's appropriate under the circumstances to dismiss a Monell claim given that an allegation in at least one other incident where the school took no action from an alleged assault.”

On that issue, Judge Bianco went on to state that “where state actors by repeated inaction over a long period of time without an explicit statement of approval might effectively constitute an implicit prior assurance that rises to the level of an affirmative act.”

In response to the District claiming that the rights asserted by the Plaintiffs were not clearly established, Judge Bianco responded, “I do believe that this is a clearly established right at this point or at the point that this is alleged to have occurred in this case.” He also ruled that Pamela Thorpe's state law claims of intentional infliction of emotional distress and for negligent infliction of emotional distress under state law as it relates to her can proceed.

This decision is an important victory for students’ rights and those who have been bullied and had their concerns and complaints ignored by Districts.

Click here to read the transcript.

 

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