Parents of 8-year-old student who committed suicide can sue school– Court

WHAT YOU NEED TO KNOW:

• A federal panel ruled on Tuesday that the parents of eight-year-old Gabriel Taye can move forward with a lawsuit against late child’s school Carson Elementary.
• Taye had been bullied from first to third grade, with physical attacks such as punches and kicks.
• The court ruling says the school administrators did not punish the bullies, failed to call 911 when Taye was knocked out, did not tell teachers about the problem, missed to supervise the bathroom despite recurring bullying, and withheld information

A federal appeals panel ruled on Tuesday that the parents of an eight-year-old student who killed himself can move forward with a lawsuit against the Cincinnati school district for an alleged wrongful death.

According to the three-judge panel of the 6^th US Circuit Court Appeals, Gabriel Taye’s parents had established “reckless behavior” that prevents school officers from receiving governmental immunity.

The school officials are also charged with intentional and negligent infliction of emotional distress and failure to report child abuse.

Based on the lawsuit by parents Cornelia Reynolds and Benyam Tate, Taye had been bullied at his elementary school from first to third grade. He even experienced physical torment, such as punches and kicks. On January 24, 2017, he was knocked unconscious as he was thrown against a bathroom wall.

The next day, Taye stayed home sick. He returned to school on January 26 and got harassed again — students took his water bottle in the bathroom and tried to flush it. That night, he killed himself in his bedroom.

The parents added that school officials have either failed to inform them about the bullying attacks or misrepresented the situation.

According to the court ruling, Carson Elementary’s administrators did not punish the bullies, failed to call 911 when Taye was knocked out, did not tell teachers about the problem, missed to supervise the bathroom despite recurring bullying, and withheld information.

They “ultimately, prevented Taye’s parents from fully understanding Taye’s horrifying experience at Carson Elementary until it was too late,” wrote Judge Bernice Bouie Donald.

Meanwhile, the defendants’ attorney, Aaron Herzig, said by email: “This is a preliminary decision based on plaintiffs’ side of the story and assuming that everything they say in their complaint is true. However, it does not reflect the facts as they have developed throughout this case.” He declined to tell, though, if there would be further ruling appeals, which upheld a lower court.

“The truth about what happened to Gabe at Carson Elementary needs to be revealed and shared with all parents,” Jennifer Branch, attorney for Taye’s mother, said by email. “We have been able to gather testimony and evidence these last few months. Now we can proceed to trial.”

Source: AP News