Parents of teen who committed suicide sue school, district

[alp227]

Source: CNN

(CNN) -- The mother of a Texas teenager who committed suicide last year filed a federal lawsuit Tuesday, arguing the school he attended did nothing after receiving complaints he was being bullied.

Asher Brown, 13, an eighth-grader at Hamilton Middle School, shot himself to death at home last fall.

Amy Truong, Asher's mother, also names Cypress-Fairbanks Independent School District in the lawsuit. She argues the middle school staff witnessed some incidents of bullying, physical assaults and name-calling against her son. Despite a policy on bullying and harassment, the suit states, district personnel "had an actual practice and custom of looking the other way."

Last year, Truong and the boy's stepfather told CNN's Anderson Cooper that Asher was bullied because he was small, did not wear fashionable clothing and was a Buddhist. They also said Asher told them he was gay and had received taunts about his sexuality.

Read more: http://www.cnn.com/2011/US/04/19/texas.bullying.lawsuit/index.html

[MrsBrady]

1. I'm glad they are pursuing a law suit

the family, that is...

I am so sorry for their loss, but I hope they have a good case and good lawyers.

I just thought of this...
I grew up in Texas schools and this stuff has been going on for years, not just in that district.
I remember when I was in high school, a boy was actually brave enough to be "out". We're talking about 1988ish
in a Texas suburban school district.
He wore skirts with tights/leggings (80's style of course) under them so he could qualify as wearing pants.
His locker was next to mine one year, and saw him often...even though I can't say I knew him well.
I could hear people taunt him and he would curse back at him. He was often in trouble, probably for sticking
up for himself.

I wish I had only been aware enough at the time what was going on. I was pretty naive and clueless...and also
had the self esteem of a slug at the time. The person I am now would have said something back then.

I think I'll look through a year book, and see if I can find his name and see what's up with him.
I hope he is well.

[mahatmakanejeeves]

12. "The person I am now would have said something back then."

"Back then" was a lot longer ago for me than it was for you, but how I wish I had said something back then too. It probably wouldn't have turned out well, but then again, being silent certainly didn't turn out well.

[no_hypocrisy]

2. Not only did the school have a policy and ignored that policy in protecting Asher,

but there are other factors.

Public schools act with delegated authority pursuant to the doctrine of in loco parentis.
http://legal-dictionary.thefreedictionary.com/In+loco+parentis

In other words, children are compelled by law to be educated. If they aren't homeschooled, they must be enrolled in private or public schools. And in exchange, the schools act as a temporary legal guardian in place of the parents of those children which includes protecting them from harm.

In situations where children are harassed, they didn't ask to be put in an environment that is not only hostile, but dangerous. They have to be there. The school has a nondelegable duty to protect them.

[sofa king]

3. Cast the net wide enough, and you'll find someone to blame....

...If you throw the net straight up, that is.

[BIGFOOTSDADDY333]

4. yeah when people get hurt they look to blame someone, make

someone pay for the guilt they feel. schools are not baby-sitters. oh, hey,maybe she can sue the school out of existence that'll show them. why doesn't she sue the parents of the bully? that being said it i cant imagine the pain of losing my child especially to suicide but it must be close to unbearable.

[CBGLuthier]

6. In Loco Parentis

The state forces us to hand our children over to them for 8 hours a day. I think it would be nice if the state would keep an eye on them while they are in charge.

They may not be babysitters but they are responsible for the well-being of the children under their care.

[Name removed]

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[ljm2002]

31. Not everyone can home school...

...and not everyone wants to. A public school offers many extras that are difficult to provide with a home schooling environment, including the chance to interact with others from different backgrounds. But be that as it may, the law requires children to go to school and public schools are still the default method. A public school does indeed act in place of the parent during the hours that the children are at school, and if they avoid dealing with issues such as bullying, in spite of their own policies on the subject, then they leave themselves open to lawsuits such as this one.

Of course it is not primarily an economic issue, it is primarily an issue of right and wrong: the parents and school officials had an obligation to protect that young man and it appears they did not do so. Now the legal system will sort out whether their failures rose to the level of legal responsibility for the bad outcome.

[freshwest]

34. Thank you for getting there first.

[sofa king]

47. I agree, but...

There are also plenty of laws and regulations against the very sort of harassment that led to this. It's up to the parents to ensure that those are enforced.

I'm sure these parents have grounds to pursue a suit, but unfortunately for them, they're exercising their duty after the tragic fact. I'm sure they'll justify their actions on the premise that they're making sure it doesn't happen again, and good for them for that.

But for the rest of you, this is one of those problems you simply have to stay ahead of, because no amount of justice will return a child from the grave.

[mopinko]

37. they do force. schooling is compulsory. in many states there

are severe restrictions on homeschooling. indeed, it is really only permitted because of the link to religious training, and a parents right to pass on their religion to their children. there is not really a right to homeschool to protect your children from bullies, or anything else.

[Name removed]

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[Blue_Tires]

11. You do realise that if that kid took a gun and shot up his school

there would be dozens of suits against the school system, county, state and the gun manufacturer, right??

[Name removed]

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[rfranklin]

14. Sorry, but you are wrong...

The school system takes responsibility for your child while they are in school.

[Name removed]

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[Hassin Bin Sober]

27. Your childish view of the law notwithstanding the school does not act ...

..... as your "insurer" while your child is in their custody. Now if a reasonable person could assume that the child shouldn't have been allowed to play on said grass - wet/slippery or other injuries had taken place maybe due to dangerous obstructions - then, yes, the school may be financially responsible for damages.

[Kurmudgeon]

17. Actually, schools are baby sitters!

If they have a complaint of bullying and do nothing, then they are responsible, period.
The law forces parents to give the schools that responsibility, it's up to the schools to keep the children safe at that point, both from outside threats as well as each other.

[Name removed]

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[Hassin Bin Sober]

28. "Not trying to start crap" But you are certainly spewing it with ....

..... childish (at best) view of tort claims and your unsubstantiated "opinions" of a school district's responsibilities..

[Name removed]

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[LanternWaste]

42. You are hardly redeeming yourself

You are hardly redeeming yourself when you engage in reductio ad absurdum, and further continue by stating positions with no legal precedence (at best) or positions which are indeed contrary to legal precedent (at worst).

I imagine if I did that, I would find myself subject to a few approbations of childishness also, because it's certainly not discussion, and it's hardly a sound premise followed by a conclusion... :shrug:

[Name removed]

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[Hassin Bin Sober]

30. This being your first post on a political website, one could assume YOU didn't "get over it"

[ljm2002]

32. Ah, for the good old days...

...when no one wore seat belts and children hit their heads on metal dashboards or flew through the windshield in a small accident, being killed or permanently maimed. When companies didn't have to worry about being sued for every little thing... when Coca-Cola lived up to its name, and children were given Laudanum to quiet them.

Yep, it's a darned shame what's become of us.

[Hassin Bin Sober]

33. Agreed. I think un-treated bullying syndrome may lead to growing up to be a "freeper brain stem"

[LanternWaste]

43. You are of course referring to to the victim or the aggressor?

"We are no longer responsible for our own actions..."

You are of course referring to the victim or to the aggressor?

[ljm2002]

29. Assuming what the parents are saying is true...

...and school officials and teachers turned the other way knowing that this young man was being bullied, just what mechanism would you suggest to hold them accountable?

I'm guessing that "accountability" and "personal responsibility" are important to you. Just a hunch.

[chervilant]

49. Really?

Actually, most emotionally healthy people go through an initial assessment of a hurtful situation asking themselves what they did/said wrong. Only individuals with childish, narcissistic, or sociopathic tendencies externalize responsibility or blame others.

Furthermore, this news report leads me to conclude that the parents hope to effect a meaningful change in the way this school handles bullies and bullying behaviors. As a teacher in the Houston metropolitan area who has had to address bullying in a middle school, I can assure you that far too many school districts and school administrators turn a blind eye when it comes to 'addressing' bullying, since we adults seldom learn appropriate conflict resolution skills.

Sounds like you could use a refresher course yourself...

[chervilant]

7. Really, sofa king?!?

Were/are you a bully? For the life of me, I cannot comprehend why else you would denigrate a dead child who killed himself to escape his tormenters.

[Sabriel]

8. We're all guilty, but Asher's parents are not

If you've read anything at all about this case, they did everything they could to get the school to step in and stop the harassment and assault.

What are they supposed to do, pull their kid out of school? That's not an option for most people.

This was harassment and assault, not "bullying," which sugar-coats the situation. Name it for what it is.

Every time a student is harassed, and we don't step in and stop it, we're equally guilty.

[PassingFair]

9. Did they keep a gun in the house where their troubled child lived?

If so, they surely carry part of the blame.

[Remmah2]

10. I have a friend who's son hung himself in the basement.

They had extension cords in the house, are they to blame?

Suicide and depression are deep dark places, you can't underestimate dark determination.

[PassingFair]

15. You don't want to make it easy, either.

My cousin had a drinking problem at TWELVE.

That didn't stop his parents from keeping
CASES of liquor in the house.

No one was really serious about helping the kid.
They had to have their cheap out-of-state liquor
for themselves.
Now, three of my five cousins are hardcore drinkers.

And that child could have been moved to another school
in the district.

I had a child that was bullied, and I had her removed
from the place where the worst abuses were taking place--
the playground.

I would have taken her from the school completely if that
hadn't worked.

[eilen]

13. If I knew he was depressed and tormented at school

I'd pull him out of school. I'd get a counselor for him. It is likely that they did not have a full clear idea of the effect of the bullying. Some kids just don't communicate these things.

My son's depression was caught at an annual special ed testing. While the school tended to overreact to it (he tended to escape into fantasy and music-- the guidance counselor read too much into it)--it did spur me to get him a psychologist. Between she and I, we got his designation changed from "emotionally disturbed" to a depressive disorder (genetic unfortunately) and PDD-NOS. He is doing very well now and school meetings are sweet.

He did get some bullying but it was more a generalized-- he was not targeted and made a scapegoat. He is not gay but for a while thought he was bisexual and said so--I think he was exploring his sexuality. He knows I love him for who he is whether straight, bi, or gay. He has some "proudly out" friends at school and hates bullies. He is looking forward to taking his college classes.

[Name removed]

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[Occulus]

36. You DO know schools often outright lie about those exact things, right?

The record get "lost". Involved personnel "resign". Principals and teachers "forget".

Happens all the time. "No records" my lily-white ass. The records are somewhere- probably the shredder bin.

[Name removed]

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[elehhhhna]

5. my daughters have a friend in HS here in the houston suburbs

who is gay, relatively flamboyant, and OUT AND PROUD.

He recently started dating a gorgeous football star (also out!) from another school in the district. They appear in public and a few weeks ago he intro'd his BF to me & my husband at a school event. We are thrilled for him -- everyone deserves love, and he's found it for the first time, and it's very sweet.

He is a shining example to both gay and straight kids in the school. Gets verbally razzed occasionally by some hick-types, but defended by 90% of the school population - particuliarly the girls he's styling for prom (he's got a great eye and superb fashion sense.) I am so proud of my kids and the other kids at this HS.

It's probable that this young man has saved a young life or two by just being who he is without shame. He is the bravest man in that school. Thank God times have changed.

Just wanted to share some good news from the front lines.

[cloudbase]

16. I live in CFISD,

and there's a loooooong history of covering up embarrassing information.

[Dem1988]

25. K&R

n/t

[robcon]

26. I think the suit is deplorable.

Not the school's fault unless they encouraged the bullying/taunts.

[Name removed]

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[PassingFair]

44. Bullshit. n/t

[chervilant]

48. Well, then,

thank goodness you are not a teacher or a member of that school's administration.

[BlueIris]

38. Bullying kills. Sue away. It won't bring the child back, but at least

the family might see some accountability.

[RedCloud]

46. You have to get in the school's face. There are lots of bullies. leave them behind!

[fascisthunter]

50. Good.... precedents like this will make folks more attentive to bullying

I hope the kids that witnessed him being bullied learn a valuable lesson: stick up for those being bullied, because you may be next and wouldn't it be nice to know people around you give a shit for each other?

[Zoeisright]

51. Good for them.

I don't know if I could have been that restrained.