Parents of 'Bully' teen appeal dismissal of lawsuit over son's suicide

Brian Ach / AP Images for National Center for Learning Disabilities

David and Tina Long watch "Bully" director Lee Hirsch speak at the National Center for Learning Disabilities' 35th Annual Benefit Dinner at the Mandarin Hotel on April 18 in New York City.

The parents of a Georgia teen whose suicide was included in the 2011 documentary “Bully” are appealing a judge's decision to dismiss their federal lawsuit against the Murray County school district, which they blame for his death through “deliberate indifference” toward years of bullying.

The attorney for David and Tina Long says a notice of appeal was filed June 15, NBC station WRCB of Chattanooga, Tenn., reported.  The Longs’ son, Tyler, was found dead on Oct. 17, 2009, hanging by a belt tied to a closet shelf in his room.


Tyler, who had Asperger’s syndrome, had been picked on since the fifth grade, the Longs claimed. He was unable to comprehend certain facial expressions and body language, so kids would take advantage of him, they said.

The Chatsworth Police Department said it would not bring any criminal charges for events leading up to Tyler's death, WRCB reported in 2009.  

The Longs in 2010 sued the school district and the principal of Murray County High School in Chatsworth, claiming Tyler killed himself because school officials failed to protect him from the bullying even though middle school and high school administrators had been told of the harassment and of Tyler’s medical conditions.

On May 23, Judge Harold Murphy of the U.S. District Court in Rome, Ga., tossed out the suit in a 186-page ruling favoring the school district:

"Even viewing the evidence in a light most favorable to Plaintiffs, the Court cannot find that Defendants' response was clearly unreasonable, caused additional harassment, or demonstrates an official decision by Defendants not to remedy disability harassment. Under those circumstances, the Court finds that Defendants' actions do not rise to the level of deliberate indifference."

Tina Long  told WRCB after the ruling, "We're in shock. The judge seemed to agree with us, but has dismissed the case."

The Longs this week told WRCB they are hoping to appeal, but say their ability to fight the case in court could be hampered by a lack of money.

“Based on the ruling, even if a school is aware that a student is being severely abused on an ongoing basis and fails to protect him, they are immune from liability,” the Longs said in a prepared statement. “Parents all over the country need to know of this ruling. We, as parents, thought that the school was legally obligated to protect our kids, and we vow to try with everything that we have to make that happen."

The Longs' lawyer, W. Winton Briggs, told WRCB in a statement:

"This outrageous ruling and application of the law needs to be exposed. The decision is shocking in that the judge found that Tyler was the subject of ‘severe, nearly constant bullying.' The case came to rest on the exceedingly high standard constituting Deliberate Indifference, which needs to be reformed to protect our children.”

Murray County school officials did not immediately respond to msnbc.com requests for comments.

After Murphy’s ruling, defense attorney Martha Pearson said school officials were “extremely pleased with the result,” the Daily Citizen of Dalton reported.

The film "Bully" features a town meeting hosted by WRCB in Chatsworth in 2009. The film also traces bullying incidents involving other families from around the United States.

The Longs also took their anti-bullying case to national television, appearing with Ellen DeGeneres on “Ellen” in March with their twins, Troy and Teryn, who they said are still bullied at school even after Tyler’s death. “Bully” filmmaker Lee Hirsh also appeared.

 

 

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Recently I quit a job because several of the employees continued to harass me by making comments about the websites that I frequented.

How would they know what websites I frequented and what screen names I used and what was being said in a gaming environment where I was the only one that knew what was being said unless the places where I was using the WiFi services were collecting such information to coerce me into thinking and believing how they thought I should believe.

Now why would this be concurring if such people were not bullying in an attempt to make others live a simple life because of their lack of an education of which because of their own fault they have fallen behind the curve of life in not being able to keep up with society and can only do limited things?

Sure they might have done well in High School but where did that High School diploma get them? Living a controlled life that they were not able to get out of so now they bully others to force them to live the same lifestyle. A lifestyle that has kept them from experiencing all that life has too offer.

And guess where the bullying of the employees took place at

The first one was Koch Knight In Canton, Ohio

The second place was by a Conservative Call Center in Minerva, Ohio.

Communists to the core.

    Reply#27 - Fri Jun 29, 2012 5:17 PM EDT

    Ummmmm......why were you frequenting non-business web sites on company time? Most places won't bully you for that, they'll just fire you.

    • 2 votes
    #27.1 - Fri Jun 29, 2012 5:39 PM EDT
    Reply

    All my life I've either been working with or around children. In every situation that I have come across whenever there is a special needs child, kids are either picking on them or excluding them (shunning) or adults are openly showing their disdain or excluding them too. This doesn't apply to kids in wheelchairs or with special equipment though. I don't know why people do this, show so much hatred for someone who they think is not "normal" and wish that person either never existed, would be a shut in, or would die (I've heard their conversations). They seem to take it as some sort of personal affront.....so crazy... Now that I have my own special needs kid, there is no way in hell I'm going to put him in public school (homeschooling), and no way in hell he is going anywhere alone without a family member. I also go to every therapy session he has...I've seen even therapists almost loose it (I noticed by their facial expressions) but (I know they) don't because I'm there. I don't blame them, because they are only human and not saints and not his mother, so it is hard to deal with, but that is precisely why I think there should always be one other adult/guardian/family member to help the teacher/therapist get a hold on themselves......Which reminds me......in our area there was a school therapist who sued a family for what their special needs kid did (threw a tantrum and she got hit by a small object, a book or something). She obviously took it personally, because the conditions that the kid had causes violent outbursts. As a therapist she knows (or should know) that and should have been prepared. I seriously doubt she won her case, but I don't know what the outcome was. She did however face some serious backlash from the community for her suit.

    • 3 votes
    Reply#28 - Fri Jun 29, 2012 5:24 PM EDT

    Makes you wonder how much the parents of the bully's have a pack with the school & etc to get the charges dropped? There should be some kind of punishment for the kids who bully kids & cause them to kill themselves people are in jail for commiting lesser crimes.

      Reply#29 - Fri Jun 29, 2012 5:25 PM EDT

      Regardless of the law and its interpretation by the judge, what I find absolutly sick about this part of things is that school district officials were "pleased". They shouldn't have been pleased, they should be looking to get the laws changed so that they can actually DO SOMETHING about misconduct in the schools.

      Of course, lots has changed since we took the paddle away from the vice principals across the country...

      • 1 vote
      Reply#30 - Fri Jun 29, 2012 5:27 PM EDT

      The school administrators deal with bullying selectively. If the bullies are children of rich and influential parents, or are "cheerleaders" (usually one and the same), or footbal players, etc, the victims' complaints are ignored. If the bullies are "poor" kids, whom the administrators regard to be "trailer trash", or who have no power in their family, they are severely punished, including expulsion and prosecution. It all depends upon which group is in a position of power.

      • 2 votes
      Reply#31 - Fri Jun 29, 2012 5:40 PM EDT

      Oh really? Did you attend this school?

        #31.1 - Fri Jun 29, 2012 5:49 PM EDT

        Wilman,

        What kind or world were you brought up in?

        You were probably the high school jock or your parentswere wealthy and gave big money to the school.

        You cant admit that you were the bully and you were given a free ride.

        I was bullied in high school until one day I put the heart on one of them.

          #31.2 - Fri Jun 29, 2012 6:07 PM EDT

          I was brought up in the same world as you, and had to put the same hurt on them as you did.

          But it had nothing to do with wealth which is what our friend above implies...

            #31.3 - Fri Jun 29, 2012 6:12 PM EDT
            Reply

            When I went to school, there were always bullies, and alway victims. They seemed to have a natural affinity for one another. When the victim fought back, and put some serious hurting on the bully, the bullying usually stopped. It worked for me, and once they are aware that when it comes to bullying there is a price to be paid, the instinct for self preservation usually kicks in. I am a fairly short person, but have instilled fear in much larger people. Of course, back then, it was all settled with fists and feet, whereas nowadays, knives and guns seem to be moving to prominence.

              Reply#32 - Fri Jun 29, 2012 5:43 PM EDT

              Not really.. Someone calls you a name, you hang yourself, and your parents sue the school...

                #32.1 - Fri Jun 29, 2012 5:49 PM EDT

                the case not enough money or enough shouldnt matter.. you dont go to school to bully.. you go to scholl for education.. bulling in school.. should not be tolerated.

                • 1 vote
                #32.2 - Fri Jun 29, 2012 9:58 PM EDT
                Reply

                Terrible that this kid had to be bullied. Schools can have parents charged and fined for truancy because they miss out on funding if their kid is not in school, but the school cant work hard to stop children from being bullied. We have put too much power in the hands of schools and seriously reduced holding them accountable for their actions.

                • 1 vote
                Reply#33 - Fri Jun 29, 2012 5:57 PM EDT

                We have put too little responsibility of parenting on the parents and always try to place the responsibility on some other party.

                Think they could have placed their son in a more suitable environment? Why not sue the parents and the kids who bullied the kid?

                One reason... Not enough Moneeeeeeeeeeeee!!!!!!!!!!!!!!!!!!!!!

                  #33.1 - Fri Jun 29, 2012 6:06 PM EDT

                  In a case like this the school just as responsible.

                  How will you raise your kids?

                    #33.2 - Fri Jun 29, 2012 6:15 PM EDT

                    Already have.....

                    And I decided to take some responsibility for raising my daughter..

                    (Would have gotten her out of the school if there was a serious problem...)

                    And I don't think money will make it all better either..

                    Prosecute the bullies if you have so much of a problem with it...

                    (But there's no money in criminal trials is there?

                      #33.3 - Fri Jun 29, 2012 6:19 PM EDT
                      Reply

                      I think that one has to remember that kid's actions are learned . Bullying is just one more of the deadly symptoms facing our race. Just another of the little acts of terrorism we all do everyday. I see it even in posts here on line. Everyone is always looking somewhere else, or someone else to blame for our problems. Trouble is, we should just be looking in a mirror. Everytime you spit on a public surface, cut someone off in traffic, give someone the finger, say a cross word, dump your ashtray on the street, we are all showing our true selves, and we ARE the problem. Until we learn to act for the betterment of others instead of the 7 deadly sins, things are just going to get worse....

                        Reply#34 - Fri Jun 29, 2012 5:58 PM EDT

                        Ed

                        The world is all about ME ME ME!

                        It is win at any cost and any way you can. I want the best and I want it now!!

                        Kids

                          Reply#35 - Fri Jun 29, 2012 6:11 PM EDT

                          Yep and why we are all doomed. I am retreating to my little spot on the lake....LOL

                            #35.1 - Fri Jun 29, 2012 6:33 PM EDT
                            Reply

                            And people still wonder why kids are bringing guns to school. All bullies and their parents should be put to death.

                            • 1 vote
                            Reply#36 - Fri Jun 29, 2012 6:15 PM EDT

                            Whose your idol? The Taliban?

                            • 1 vote
                            #36.1 - Fri Jun 29, 2012 6:16 PM EDT
                            Reply

                            so when is it going to be the bullies turn to get his hands bound and a piece of rebar stuck up his ass? i say it's high time the kids that are getting picked on....maybe it's time to take a self defense class and turn the tables on these punks. a little school yard beat down is maybe what needs to happen and these punks will wake up and realize they can't push people around anymore?

                            what happen to the good old days when fights were settled with fists and not guns. bunch of pussies i say all these so called "gang members" are!! hide behind antimidation..

                              Reply#37 - Fri Jun 29, 2012 6:22 PM EDT

                              Instead of blaming the school, (not that there isn’t blame)
                              lets nail the bullies and the bullies parents.
                              Maybe when the bully gets “guided” from school and “guided” from home,
                              the behavior may change. The kid had to
                              learn this behavior from someone so let’s look at the bullies parents for some
                              responsibility for these actions. By the
                              way, I am a Middle School teacher.

                                Reply#38 - Fri Jun 29, 2012 6:23 PM EDT

                                So. We're going to keep terrorists, on a global scale, from carrying out an attack on U.S. soil.

                                But we can't manage to supervise groups of minors within fixed settings and, shockingly, a good number of people don't think we could even if we wanted to.

                                  Reply#39 - Fri Jun 29, 2012 6:31 PM EDT

                                  It all comes back to the parents....I can't even imagine what would have happened to me if the school had called and told my parents I was bullying. but I guarantee you they would have thanked the school not sued them.

                                  • 1 vote
                                  Reply#40 - Fri Jun 29, 2012 6:37 PM EDT

                                  I'm very sorry to this family for the loss of their child. That being said.

                                  I'm so very tired of all the oh my kid got bullied crap. Look at your selves and see the blame. I'm 38 years old and grew up in a large northern county in western PA. For the duration of my school years there was no (zero tolerance policy) and it was the brood stroke of this act that parents demanded be instated that has brought about the increased suicide rate in school age kids. This brood policy needs to be reworked and more well defined. Yes, there should be zero tolerance for kids bring weapons to school. However, with the policy that parents demanded be enacted a common fist fight is grounds for not only expulsion from school but subject to criminal charges as well. My point, I grew up in a county with more then 15 different school districts and from 1980- 1992 there were 2 suicides in school aged kids...neither was related to bullying. We have used zero tolerance polices to keep our children defenseless. The bullies bully without care of the outcome while the rest who have common sense fear them because they fear the consequences of there actions. When children are allowed to stand up for themselves they feel a sense of pride in being self reliant. Rather then running for mommies skirts of telling a teacher. When kids are bullied the consequences of telling on the bully are often perceived as to high a risk. Rather then offer a measure of protection the act of telling on the bully instead often results in greater harm both mentally and physically to the bullied student. Untie the kids hands, let them stand up and defend themselves. When I was in school there was punishment for fighting both in-school and out of school suspensions. and those punishments worked both to stop bullying and curb the fighting. So it solved both problems. And another way to stop the bullying, return corporal punishment to school as well as parents. I'm a perfectly functioning, responsible, law abiding person, and when I did wrong; my school principal paddled me and when I got home I got it again from one of my parents. And I am more then willing to bet that anyone over the age of 35 here was treated much the same. And if you are honest with yourself and others I'm sure you will see my point.

                                    Reply#41 - Fri Jun 29, 2012 6:45 PM EDT

                                    I see your point but don't agree. Even if there WAS corporal punishment at school and at home, there would still be bullies as their parents still would do nothing...which is the problem. not lack of punishment but lack of parenting

                                      #41.1 - Fri Jun 29, 2012 7:02 PM EDT
                                      Reply

                                      Do parents have the right or obligation to protect their kids? This child was not able to defend him self and it had been going on for years. I would hope my parents would listen to me and understood when I would tell them I'm being bullied and the teachers won't stand up for me. Parents seem to me that they think that their child should be able to handle things on his/her own. They shouldn't be left to deal with things like this because they don't have the know how in dealing with it. The schools need to do more and some do. If it means having children remain in one room and the teachers change rooms then that is how it should be. If it means children get lead to and from class rooms then that should be done. If it's not possible then for god sake take the time to lead the one that needs it to his next class. There is no reason a child should be bullied.

                                      • 1 vote
                                      Reply#42 - Fri Jun 29, 2012 6:52 PM EDT

                                      The Judge needs to have his kid bullied. Then he can understand what the parents of bullied children go through. The Judge sounds just as much a bully as the kids in the school. What an @!$%#. Yeah I said it.

                                      • 1 vote
                                      Reply#43 - Fri Jun 29, 2012 6:59 PM EDT

                                      Which is my point. WE are the problem. The kids don't learn this stuff out of thin air LOL

                                        #43.1 - Fri Jun 29, 2012 7:03 PM EDT
                                        Reply

                                        So America is to think the parents did not have a responsibility to protect their own son, but the school did. I agree with the judge, the school is not liable for your child's safety beyond the scope of their capability. If the parents knew their child was being bullied, why didn't they take steps in either changing schools, educating him/her at home or finding alternative educational methods. Schools hands are basically tied today on what they can and cannot do. Everytime something goes wrong its the school fault, when is going to be the parents fault. A child spends more time with their parents than they do in school. I'm sure my son was bullied, but we did not have the electronic devices today that makes bullying never ending.

                                        • 1 vote
                                        Reply#44 - Fri Jun 29, 2012 7:06 PM EDT

                                        You kind of hit the nail on the head. Don't expect family problems brought about by poor parenting to be solved by the judicial or educational systems.. Just like we should try to solve social problems with more money to education. The problems in most schools is not an educational problem, it is a social one..That's why it is not easily solved by more money thrown at the schools

                                          #44.1 - Fri Jun 29, 2012 7:11 PM EDT
                                          Reply

                                          I have inside knowledge of this incident because I live 20 miles away in GA. The Longs were a wonderful family. They both worked and could not afford better for their child than public school. After they buried their son, the bullies took photographs of the grave and used them to taunt the other children. Nothing was done. Children are supposed to learn under these conditions? The teachers cannot get involved because of school regs and laws. Some just don't even care. It is on the local news reports Ms. Long was called a b*tch for complaining to the school prinicipal. If her son missed, she would go to jail and/or face stiff fines for truancy. The state does not care. If people want to solve this problem vote for School Choice (voucher checks from taxes to cover tuition to more expensive alternate schools). Religion is not an issue. It can be taught for a penny donation. What about the evolution taught by taxes of homeschoolers and private schoolers? I guess that is alright. You choose your grocer/doctor/gas station. School for your child is just as important. If you don't agree, then take that rotten produce, bad service, pay full price and just shut up about it next time.

                                          School officials were please with the outcome... yeah, right, I just bet they were.

                                          • 2 votes
                                          Reply#45 - Fri Jun 29, 2012 7:11 PM EDT

                                          ....and this is why there are school shootings. You can only push people with the attitude that, they can't do anything about it, so far.....then they will push back . I'm not saying it is ok, just saying.......

                                          • 1 vote
                                          #45.1 - Fri Jun 29, 2012 7:13 PM EDT
                                          Reply

                                          A kid will do whatever he feels like doing. If a kid is a bully he will make life miserable for another kid because he enjoys it. Bullies are not all there and most need help because they don't know how to get along with other people as equals. When a kid is being bullied at school the school has to take some action and make the parents aware that their kid is a half-azzed bully. It is up to the parents first to straighten the kid out, not to defend him or her. The school has to be part of it too although the school has to constantly cover it's butt because of the ACLU and lawsuits etc. The most important thing a kid can have in life is a parent who wants him to be a good citizen first, not a millionaire, or a star of any kind but a decent, honest human being, the rest will fall into place. In my honest opinion bullies eat sh1t with a spoon.

                                            Reply#46 - Fri Jun 29, 2012 7:13 PM EDT

                                            Be interesting to know if the judge was funded by NEA or not; was the judge appointed or elected? Who funded the campaign? Be interesting to know.

                                              Reply#47 - Fri Jun 29, 2012 7:19 PM EDT

                                              The school can not be held liable in any way shape or form here. You, the parents; took from the school the right to discipline your children and not you want to blame them when your kids acts the fool? That is ridiculous on so many levels. Remember, it was the parents who demanded the removal of corporal punishment from schools, not the schools demanding it.

                                                Reply#48 - Fri Jun 29, 2012 7:21 PM EDT

                                                It is all about grades and money too. The schools say for parents to teach morals at home but inflate grades and expect parents/kids to bring in extra money (bake sales, gift wrap, etc.) to line their pockets. They know who has bucks, and time to donate. The kids with the fantastic grades, PTO moms can do whatever they want. The anti-bullying campaign is just window dressing. Believe me it will get a lot worse if steps are not taken to allow kids to choose alternate schools that can work with them.

                                                  Reply#49 - Fri Jun 29, 2012 7:22 PM EDT

                                                  Popo-1692537

                                                  Go back and read my posts. They explain why the kid could only go to that school. Also if you change schools too much the bullies follow them through the grapevine, sort of like Stephen King. Oh, but what would you know? Always fun to side with the winner esp if its a big powerful corp like NEA and the teacher's union. Hope you get a few neighborhood bullies at your door. When you feel scared and don't have the money to move, Mr. Rich Man, and the police won't help, remember your own words.

                                                    Reply#50 - Fri Jun 29, 2012 7:27 PM EDT

                                                    I notice the parents get their advice from "super lesbian",....maybe they need to look in a mirror and ask THEMSELVES where THEY went wrong.

                                                      Reply#51 - Fri Jun 29, 2012 7:28 PM EDT
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