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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.
Msnbc.com's Jim Gold contributed to this article. Follow him on Facebook here.
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Leave a Comment:
The Federal Government NEEDS to investigate the state's courts.
It is crazy to hold those in authority unaccountable.
Georgia's Deliverance of Justice just plays out so frightenlly similar to a Hauntingly
familiar banjo tune.
What some people do not know is the effects of teasing, being picked on, and bulling last a lifetime. You dont ever really get over it. You will always be feeling people out to see if they are safe or if they are going to pick on you.
And yeah alot of us were picked on in school. But today with our mass communication and pressure to fit in bullying has gone to the extreme. So yeah, I hold the school responsible for not making the school a safe place. I think they should expel the bullies.They interfere with educatating the students. they cause alot of disrtraction and disruption. The way kids bully today is NOT normal behavior. Suing the parents may help. It may also make things worse.
The best answer is what were doing now, make it public. Expose the bully. Let everyone know what the effects of bullying are. Keep doing it and keep doing it.
And if you dont believe that the effects last a lifetime ask the people who were bullied and picked on.
As a psychiatrist, I am horrified that ANYONE can be held responsible for a persons suicide. What, I should blame my Mother for my father's suicide? I should blame my best friends mother (whom he blamed, even though he hadn't seen her for 10 years) for his suicide? This is a perrect example of politically correct bullsh*t being a basis for a law suit, how utterly stupid, callous, blame projecting can you get. Really, was this the problem to begin with, it was never his fault, always someone elses? Now that blame projection is a disease, one that prevents learning and adapting by infantalizing any and every action, and it killed him.
As a psychiatrist, you should know an autistic child cannot cope with others as you or I could. Makes me wonder if you are really what you claim to be. Your hate-filled rhetoric is anything but professional. When a special needs child is in a school environment, where his parents can't protect him, it is the school's responsibility to see to his safety, both physical and emotional. This school system is largely to blame for this child's death due to the lack of protection offered to a child who could not protect himself. Your attitude makes me understand why there is such a high degree of suicide in the psychiatric community. Good luck with that, Jerk.
Thor T ~ Psychiatrist, huh? Wow, fancy title with not one real regulation. How many psychiatrists have been successfully sued and money collected for erroneous diagnosis/damaging treatments? None or close ot that I will wager. You are white male, I will also wager, and you of course know it all. Okay, why is it that gay was once a mental illness, so was interracial marriage, relationships? For that matter, in 1900's women who campaigned for right to vote were judged mentally ill and put in asylums, some were beaten and died there. How do these "illnesses" go from that to normal? I would love to know. Can you do that with cancer? Please do. A lot of people would thank you. If we spent the money for your crappy court ordered therapies on chidren (and your crippling meds) instead on actual programs that would develop their talents...oh but then you wouldn't be driving that mercedes, huh?
Someone other than the person killing himself has to be to blame. Might as well blame the one with deep pockets, the taxpayer. They don't bother to sue the students or parents as there's no money there. Any claim by these people claiming they aren't after the money just justice is simply a lie.
Legally you can't prosecute anybody for another person's decision to take their own life. It might "sound" terrible to those who don't understand the law but Judge's simply refuse to punish people for a third party's decision to commit suicide. (See the recent Rutgers case concerning Tyler Clemente) I agree with one of the earliest posters, who was insulted and abused by many of you for stating simple legal fact.. the decision to take your own life is personal, and at the end of the day you can't hold anybody else accountable for it. You can certainly investigate the situation and determine the many causes that may lead a person to make such a decision, you can certainly pity this poor, young, disabled child who was mercilessly tormented until he felt he had no other decision he could make, however at the end of the day IT WAS HIS DECISION. Legally you can't punish third parties for the personal decision of another to end there own life and it would open the door to a huge amount of litigation and "he says, she says" cases if they we're to even consider it. I understand the 'moral' dilemma here and I understand how emotionless my argument might sound, but the law is emotionless and it has to be or it would fall into traps such as this. The decision will be upheld and anybody who is outraged by that fact is a legal nincompoop. As far as who is to blame here, I see a ton of people pointing at the school district, the bullies parents, and the bullies themselves. How about we take it a step further and call out the kids parents for allowing him to stay in a situation that was obviously harmful to his physical and emotional health. Maybe when your kid comes home everyday crying about how horribly he's getting bullied it's time to pull him out of school and home school him, or move to a different school district, or get him enrolled in an alternative education program with more special supervision and attention. There are a million different ways you can choose to blame ANYBODY involved in a suicide, but at the end of the day it was a person's personal decision, and nobody is accountable for it except the person themselves.
When I was about 12, two kids took my bike and wouldn't let me have it back. I ran home to Momma crying. She took me out in the yard, found and handed me a big stout stick and told me to go get my bike. I did. I have never tolerated bullying since then; I learned that day that bullies are all cowards that make themselves feel more powerful by picking on the weak. All parents should teach their kids that lesson. But I can also say I worked with special ed students in elementary school for several years and left the job because of an utter lack of discipline. The schools are so afraid of getting sued by parents who won't allow their precious little darlings to be disciplined, they won't do anything except suspend them for a few days. Even the prison system knows time off encourages behaviors, in their case, good, in the schools' case, bad. Nothing is done to bullies, absolutely nothing. What a twisted way of thinking society has today. We took God away, so now kids grow up not having any idea why they are here, and that they are nothing more than animals. In the name of "self-esteem" we have taught them they are the only important person in the universe, and everyone else be damned. In order to not hurt their "fragile" egos, we have given them everything instead of making them work for it, so they have an entitlement mentality. In the name of "love and gentleness" we have taken away discipline so they grow up unaware of consequences. And now we are all suffering the consequences and paying the price. If society doesn't wise up, it will only continue to get worse.
Chronic bully's are kids who many decades ago would have been expelled.
Perhaps another major school shooting will bring enough attention to the problem.
It wouldn't surprise me if there are more shootings in the future because a victim, like every other human, can get sick of the bullying and decide to take matters into his own hands if no one does anything to find an end to the bullying. The anger just boils more and more, especially if the bullying increases and involves public humiliation and the school ignores it or sides with the bully because he's a little angel inside the classroom, and incapable of any wrongdoing. Teachers: don't judge kids by the way they act or dress in public, if a kid is having a hard time in school and no one's helping, no matter how well-adjusted or "normal" he may same, he may explode and decide to put an end to the bullying the hard way if no one cares enough to listen to their cry for help. It should not have to reach this point, but if schools keep turning a blind eye, expect to see more of this. Intervene as soon as a child reports bullying, don't turn a blind eye to it or side with the bully just because the victim used violence. You don't know what the bully may have done to provoke this and just because the victim used violence (which may have been his last resort, such as in the case of choking), does not mean the bully is in the right. Parents: some kids are good at hiding what's going on inside. Encourage your child to be open and talk to you about EVERYTHING and not fear bullies, even if the bully has threatened their life or you family's life for snitching. Don't dismiss bullying as a phase or innocent taunting or a way to make your child "toughen up", because some kids are more sensitive to it than others, and for some, the solution to end the bullying that their own parents dismiss as "temporary" may be suicide.
You sound like every psychiatrist I have ever met. And Ive met A Bunch. You just totally disregarded the pain that this kids are in. They are defenseless. Everyday is a nightmare. There is NO Safe place. How could you as a mental health worker be so callous. These are not adults with alternatives. They are kids with no options. Ever been in that situation. Got kids?
Lynn, if the truth be known, I think there is some lying going on about who is really a psychiatrist. If he is one, I think he might be on the verge of suicide himself. At least, one can always hope.
When I was in school, (grad 1982) bullying was widely condoned.
I can remember countless times getting wrapped in the head or having my
books knocked from my hands in full view of a teacher and nothing was done.
The psychiatrist is 100% right. Tiredofthelunacy, your story sounds great but stories don't win court cases. I think the idea of bringing a lawsuit against a third party after a suicide is HORRIBLE. As if you weren't going to dwell on the horrible event enough, instead you decide to prolong your suffering by forcing yourself into a situation where you get to examine every little nuance of your child's death for years only to be told at the end of the day that there isn't a thing that can be done to prosecute those who are "responsible" for "killing your child". The truth is nobody is responsible for suicide, the psychiatrist hit the nail on the head.
Do you think he would have done it without the bullying? We don't know, but odds and evidence say no. So someone is responsible whether the court acknowleges it or not. To say otherwise is ludicrous. You may argue that the court doesn't have to admit it, but morally (not a word we like today, is it?) there is responsibility and blame.
Some of those posting comments on here say no one is to blame. That is the modern idea of not taking responsibility for our actions. We don't want to personally believe we may have caused pain or even death to another person by our actions or words. The truth is, we are responsible and will be held so by our Eternal Judge, whether the courts of this land do so or not. Each of us needs to try to uphold and uplift those we come into contact with on a daily basis so we never have to look back and wonder if we caused something bad to happen to another person. We also need to teach that to our children. "There but for the grace of God, goes I."
I hope you're right for your sake buddy.. I really do..
It's Georgia...what do you expect? I really don't have a lot of respect for that state in particular. They quietly sweep embarrassments under the rug and hope they go away. They even tried steal land from TN and NC...
lol told you its why i teach my kid how to swing his fist first little prick that tries to push my boys around will be in a world of hurt they are being taught how to defend them selfs and what to do if they are bullied i had a issue with my 6 year old getting bullied after 2 weeks of i dont want to go to school comeing out of his mouth 2 meetings with teachers and adminastration i finally got the truth aperntly there was a kid he was haveing issues with i got this from my 6 year old after 2 weeks confront teacher teacher o is that his issue the kid he is talking about is gone now is the answer i got so i started to teach my 6 year old and 3 year old how to use there fist rather have them suspendid then hanging in a closet my condolences to this family but this 0 tolerance for bulling is bull@!$%#
those that dont fight dont have a right
The question is one of public policy, and the policy has been decided in favor of immunity for schools except for Deliberate Indifference. Do we want to transfer taxpayer money to the parents of children who commit suicide due to bullying or other things that happen at school? The State Legislature in this case has set the standard; there is no liability in these cases for mere negligence; liability ensues where there has been deliberate indifference. That is a reasonable standard. The same people who complain here that the "administrators are getting away with it" would probably complain just as much when people sue the public schools over acts that the plaintiff feels were negligent on the part of the administrators. This case is very sad, but you don't change the law because you disagree with the result in one case. Next time, it will be a kid brain damaged using a skateboard without a helmet. The parents will insist they told the school about the kids doing that, and somebody should have stopped their kid. If negligence is the standard, the parents will receive taxpayer money for their kid's stupidity.
I see a big difference between the specific action of a child on a skateboard and one who is being assaulted by other stronger individuals. The funny thing is that after you leave school if you were beaten every day at work by your coworkers you would sue the company you worked for but apparently believe schools should indeed be a place of beatings and cruelty. Perhaps the bigger cost is what happens when these thugs grow up and still think their behavior is OK since it was OK in school. Perhaps a rape or two, a mugging or home invasion robbery? Assault and battery? Bank robbery? Murder?
I believe holding school districts responsible for their actions or inaction would save society millions in the long term. You?
What goes around comes around. Some day, some place, Judge Harold Murphy of the U.S. District Court in Rome, Ga. will come to realize his failures, accept responsibility, apologize to everyone, and learn a valuable lesson life. Sad to say he just doesn't get it.
"HRDawg
Yep.
Another vote: Chris150 is an ignorant intolerable moron."
Well if this isn't a prime example of hypocrisy. It's funny how all these people decrying the bullys are they themselves hurling bullying terms and insults. This whole bullying issue is turning into another "cause". Many kids who bully in grade school and high school turn out to be wonderful individuals. People grow and change, how dare you people damn them for being kids and doing what kids do. Humans aren't perfect they do bad things, mean terrible things but they grow and learn, these are children. Get over your self rightousness.
When I was in school, 50+ years ago, there was bullying but never to this extent and it was dealt with. Why the schools don't deal with it now, I'll never know. They're supposed to protect the kids...not protect the bullies. Back when I was in school, these thugs would have been paddled within an inch of their lives and then sent home for their parents to deal with them, which was even worse. The the heck ever happened to good old-fashioned discipline? Never hurt me and I got my butt beat more than once as did my brothers. None of us ever grew up to be thugs or criminals and two of us have had loving, wonderful kids who now have kids of their own and grandkids, all of whom are loving human beings with a moral compass. BTW, one brother married late and life and never had kids. The other was killed in a flood when he was 28 so he never got to have kids either.
I must say that I agree with Aboxofrocks because sometimes the only thing certain people understand is a good ass beating. I say this because I come from a generation of guys that were quick to take it outside to handle their differences. More often than not, you get people trying to talk to some clown that only understands one thing and that is the blunt end of a fist or a pipe upside the head. I'm not saying that violence is the answer to all problems, I am only saying that with certain folks that is the only way that you are going to be able to drive you point home. I do not like people that are mean to other kids or mean to old People. I actually enjoy bouncing scum like that off the side of a wall only because that is the only thing that is going to get their attention. I say only pick on someone your own size and if you are not man enough to do that then hang out with the girls because that's where you belong. Just watch out because I have met some Gals that just as soon beat your head in as look at you so you even have to watch your step with that crowd. Best thing is to mind your own business and leave other folks alone unless you are trying to help them in a positive way.
Our son went through the same hell when he entered 6th grade at Challenger Middle School in San Diego, CA. We complained to the Principal and VP and were told that they were aware of the bullying and had no funding to deal with his disability. We were informed we should remove him from the school if we did not like it. After our son suffered a nervous breakdown his doctor and this is IMPORTANT authorized a HOME HOSPITAL arrangement which allowed him to be educated at home with a tutor coming to the house to teach a few times a week.
Later after we learned of the extent of the abuse not only by students but also faculty which included pressing his head into a nest of ants the district agreed to place him in a one on one private school where it took years and by my estimate a million dollars of tax money but the outcome was favorable. I never understood how they felt their behavior was acceptable or why they wasted so much money abusing our son, but their lawyers believed this was proper and San Diego police agreed. The district attorney felt the abuse was appropriate etc, but in the end I believe God has a plan for all of them and I doubt it includes green gardens in heaven.
From our research at the time it is all but impossible to get any kind of conviction or charges in school abuse complaints and they hide behind child privacy laws to shield their behavior.
I do not know how these poor people can prevail in a system so pervaded with abuse, cronyism and corruption.
My heart goes out for them and I only hope God has a plan for those that harmed their son too.
If your child is being bullied in school ask your doctor or psychiatrist to authorize a home hospital tutor and do not send your child back to that school EVER.
The judge had to have a bully himself to make that ruling...what a friggin moron!! That poor family and the school is pleased...wow, no remorse whatsoever.
We can't, in the end, make someone responsible for every bad thing that happens. It never will stop. Do we hold the BMW commercial showing the car going too fast ("in a closed track with a professional driver") responsible for the idiot that really tries to do it on the boulevard? Someone has to be an adult.
These public schools are funded by MY tax dollars. I am SICK and TIRED of these bullies running these schools (running the Asylum) and terrorizing the kids who come there to learn. Terrorizing some of them to DEATH.
You know when this will stop? When the parents have to PAY. And when you pull these little blankety blanks out of these taxpayer supported schools, put them under house arrest with an ankle bracelet GPS monitor during school hours and make them do their studying on a home computer.
Inconvenience the parents by making them pay for the computer, books and classes. The parents also have to check their homework, approve it and drive it up to the school every day. You act like an animal. you get treated like an animal.
Can you get your little MONSTER under control now parents???
Here again are our children going to school with the understanding they are to be educated and not bullied by others. We trust the school officials to protect our children since we as parents cannot do so in the schools without hampering their authority Persons serving time in our prisons with physical problems are watched or placed in protected areas once they, the CO's, are made aware of these conditions. There should be no difference. Bulling should be made a crime, at least harassment. School officials,police departments, judges, lawyers, and parents must share in the responsibilities to put justice to work against bullies. Since bullies don't have an age limit jail time should be just as severe as bulling..
Name the bullies then hold their parents responsible. These young ahzholes are parental responsiblity.
This big kid with Asperger's Syndrome in my kid's middle school would bother this one girl all the time. He would do the same freaken thing every single day. The girl would tell him to leave her alone but, every day he would come back and do it again and again and again and again. She transfered to another school because, nobody could or would do anything because, the kid have Asperger's Syndrome.