Tyler Long
Someone Being Bullied
Male | Chatsworth, GA   United States
Appeals Court upholds ruling on bullying ,school system not at fault for suicide
Bullying Type: Physical / Emotional
Posted By: SaveLife
7/26/13 10:21 AM
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A three-judge panel has upheld a court’s ruling that David and Tina Long did not prove that the Murray County school system was responsible for their son’s suicide. Tyler Long was 17 when he killed himself in 2009. He had been diagnosed with autism spectrum disorder and other psychological problems.

The Longs filed a suit against Gina Linder, principal at Murray County High School, and the school system claiming that bullying was the reason that Tyler killed himself and that the school system did not do enough to keep their son safe.

The panel of judges from the US Court of Appeals, 11th District, issued the ruling on June 18 saying:

“This is a sad, indeed a tragic, case. In recognition of the intense and understandable interest in this case on the part of both parties, and in recognition of the important public interest, we have given this case the highest priority, and our study has been correspondingly careful. We have carefully studied the briefs, the district court’s opinion, and the record. It is obvious that the district court’s attention to this case was similarly comprehensive. Our careful review of the record gives us confidence that the district court’s statement of the facts properly takes all factual inferences in the light most favorable to the Plaintiffs, as the well-established summary judgement standard requires. Because of the district court’s comprehensive statement of the facts, they need not be repeated here.

“On the basis of our careful review of the record and consideration of the arguments of the parties (both written and oral), we are confident that the district court has properly applied the relevant law to the facts in this record. We agree with the reasoning and with the conclusion of law as comprehensively set out in the district court’s order.

“More particularly, we agree with the district court that on hindsight the ‘Defendants should have done more to address disability harassment, (but that) Plaintiffs (have) fail(ed) to meet the high bar of deliberate indifference and (have failed to) demonstrate that Defendants’ response was clearly unreasonable.’...We agree with the district court that the evidence shows a pattern on the part of Defendants of responding promptly to reported incidents, and we agree that Plaintiffs have failed to adduce evidence that would permit a jury to reasonably find ‘that Defendants’ disciplinary responses to the reported harassment incidnets were clearly unreasonabl(e).’..As the district court said, based on their communications with Ms. Long and the absence of reported incidents in the second semester of tenth grade and the fall semester of the eleventh grade, ‘Defendants could have reasonably belived that their efforts to combat harassment were succeeding.’...We agree with the district court that Plaintiffs have failed to adduce evidence on the basis of which a jury could reasonably find that ‘Defendants knew their remedial action was ineffective.’...

“Deliberate indifference is an exacting standard; school administrators will only be deemed deliberately indifferent if their ‘response to the harassment or lack thereof is clearly unreasonable in light of the known circumstances.’”...For the foregoing reasons, and the reasons comprehensively set out by the district court, we conclude that Plaintiffs have failed to adduce evidence from which a jury could reasonably find that the exacting standard of deliberate indifference has been satisfied. Accordingly, the judgement of the district court is affirmed as to Plaintiffs federal claims.”



http://www.chatsworthtimes.com/view/full_story/22982693/article-Appeals-Court-upholds-ruling-on-bullying-case--school-system-not-at-fault-for-suicide?instance=homesecondleft



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Comments
Posted By: HazelsMazels3 | 7/26/13 12:38 PM
I feel bad for the parents, just for the fact they no longer have a son. The article seems to indicate the courts did scrutinize the facts and justice seems to have been served.
Story Details


Name: Tyler Long
Age: N/A
Country: United States
Location: Chatsworth, GA
Gender: Male
Zodiac Sign: N/A
Maiden Name: N/A
Relationship Status: N/A
Profession: Other
Education level: N/A
University: N/A
Ethnicity: N/A
Hair Color: N/A
Eye Color: N/A
Height: N/A
Weight: N/A
Tattoos: No

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