From the LVRJ:
The day before the first anniversary of Hailee Lamberth’s suicide, the family of the 13-year-old who is suing the Clark County School District over the bullying she experienced was shocked by a court filing that equated Hailee’s act with “murder.”
“Of course, as a practical matter, a decedent cannot be criminally punished, but this does not render the act of killing any less wrongful,” reads the motion to dismiss filed Thursday by the district’s attorneys in the wrongful death lawsuit.
Hailee’s death is her fault regardless of what might have motivated it, the motion said, contending suicide is “analogous to, if not included within, the crime of murder.
“Hailee’s voluntary suicide is the superseding cause of her death and it therefore cuts off all liability for the nonfeasance alleged against the defendants (of Clark County School District)” the motion claims.
Hailee’s own suicide note, however, points the finger at Henderson’s White Middle School and her bully: “Please tell my school that I killed myself, so that the next time (name withheld) wants to call somebody (expletives), maybe they won’t.”
Hailee’s father, Jason Lamberth, had expected the district’s motion to dismiss, but not on the anniversary of her death and not with an argument laying the blame on her.
“We’re dealing with a lot of emotions this month, let alone that week. That’s one of the reasons we were wary of filing a lawsuit, to relive the grief. And then they do something like this,” said Lamberth. “The 10th (of December) was Hailee’s birthday and the 12th was when she died, and I get this motion on the 11th.”
The family filed the lawsuit now in federal court in October, accusing the district of failing to inform them that Hailee was being bullied. ...
In addition to the district’s claim that it can’t be held liable in a student suicide, the motion contends the defendants — Superintendent Pat Skorkowsky, School Board members, the school principal and other staff — have no constitutional duty to “protect Hailee from the alleged bullies.”
State law, however, prohibits bullying in public schools and requires those same schools to “provide a safe and respectful learning environment.” District policy says exactly that and adds another adjective: “secure.”
The district’s motion also downplays bullying, characterizing it as a rite of passage for young students “learning how to interact appropriately with their peers.”
“It is thus understandable that, in the school setting, students often engage in insults, banter, teasing, shoving, pushing, and gender-specific conduct that is upsetting to the students subjected to it,” states the motion to dismiss.
http://www.reviewjournal.com/news/las-vegas/ccsd-court-motion-blames-bullied-13-year-old-her-own-death
As a former teacher, I am not shocked by CCSD's response. They refuse to accept responsibility for bad things happening at their schools.
As stated in the past on this blog, I have witnessed abuse and neglect by CCSD staff and nothing ever happened to the bad staff members.
At the school worked at, I saw a teacher(s) neglect students by refusing to feed severely physically and mentally disabled students meals, allowed a severely mentally disabled youth to leave campus and almost get hit by a car when the student crossed a very busy street with no supervision, staff refusing to change a student's diaper even though the student was soaking wet. CCSD also employed a teacher's aide who was convicted and served time for domestic abuse and saw a staff member continually verbally abuse a mentally challenged student who was gay.
But then, what do expect when an assistant principal was screwing the principal?
So, I am not surprised that CCSD would come up with this kind of garbage brief and motion.
Hopefully, the family will not settle out of court and bring this to trial to expose CCSD for their failure as a school district and they will be well compensated by CCSD for their loss, even though no money will ever replace their daughter.
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