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Tag Archives: antibullying law

Paul Mazzo v. Town of Fairfield Board of Education: August 20, 2013

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Superior Court of Connecticut.

Paul Mazzo v. Town of Fairfield Board of Education

CV126031781S

— August 20, 2013

MEMORANDUM OF DECISION RE MOTION TO STRIKE # 118

FACTS

The defendants have moved to strike those portions of the plaintiffs’ second amended complaint which allege statutory negligence arising out of their alleged failure to comply with the anti-bullying statute, General Statutes § 10–222d et seq.   The plaintiffs, Paul Mazzo and Lorraine Mazzo, brought the present action both individually and on behalf of their daughter, K.M., alleging that K.M. was extensively bullied by another student, S.R., while attending Tomlinson Middle School, culminating in an attack on December 22, 2011, which left her seriously injured.   The defendants claim that the anti-bullying statute does not allow for a private cause of action.   For the reasons stated herein, the court agrees.

The plaintiffs filed a third amended complaint on July 15, 2013, the same day that the court took the papers on the present motion.1  The third amended complaint contains twenty-four counts against the Town of Fairfield Board of Education (negligence, statutory negligence, recklessness, liability pursuant to General Statutes § 10–235, liability pursuant to General Statutes § 7–465);  the Town of Fairfield (liability pursuant to General Statutes § 52–557n, liability pursuant to General Statutes § 7–465); 2  David Title, Superintendent of Schools for the Town of Fairfield (negligence, statutory negligence, recklessness);  Connee Dawson, Principal of Tomlinson Middle School (negligence, statutory negligence, recklessness);  Joshua Marko, Dean of Students at Tomlinson Middle School (negligence, statutory negligence, recklessness);  Vanessa Constanzo; 3  Janet Rainford (vicarious liability, negligence);  Vernon Rainford (vicarious liability, negligence) and S.R., ppa Janet Rainford (recklessness, assault and battery, negligent infliction of emotional distress, intentional infliction of emotional distress).   Title, Dawson, Marko and the Town of Fairfield Board of Education (henceforth defendants) move to strike counts two, four, six and eight of the second revised complaint, which are now counts two, five, eight and eleven of the third revised complaint.   These counts allege that the defendants are liable for negligence for their failure to comply with the anti-bullying statute, General Statutes § 10–222d et seq.   The defendants argue in their memorandum in support that the anti-bullying statute does not allow for a private cause of action.   The plaintiffs argue in their memorandum in opposition that it does so by implication as revised in 2011.   The plaintiffs also submitted a copy of the 2011 bill showing the changes, a question and answer sheet entitled “Bullying Harassment in Connecticut,” which does not clearly indicate its source, and a transcript of the Senate debate on the bill.

APPLICABLE LAW

“The proper method to challenge the legal sufficiency of a complaint is to make a motion to strike prior to trial.”  Gulack v. Gulack, 30 Conn.App. 305, 309, 620 A.2d 181 (1993).   In Asylum Hill Problem Solving Revitalization Assn. v. King, 277 Conn. 238, 245–46, 890 A.2d 522 (2006), the Supreme Court upheld a trial court’s determination on a motion to strike that a statute did not create a private cause of action.

The defendants argue that the anti-bullying statute does not create a private cause of action because it lacks an explicit statement that it does so and there is a presumption that private causes of action do not exist unless expressly stated.   The plaintiffs argue that in amending the anti-bullying statute in 2011 the legislature added a private cause of action.

“[W]e begin our analysis with the well settled fundamental premise that there exists a presumption in Connecticut that private enforcement does not exist unless expressly provided in a statute.   In order to overcome that presumption, the [plaintiff bears] the burden of demonstrating that such an action is created implicitly in the statute ․ In determining whether a private remedy is implicit in a statute not expressly providing one, several factors are relevant.   First, is the plaintiff one of the class for whose ․ benefit the statute was enacted ․ ? Second, is there any indication of legislative intent, explicit or implicit, either to create such a remedy or to deny one?  ․ Third, is it consistent with the underlying purposes of the legislative scheme to imply such a remedy for the plaintiff?”  Perez–Dickson v. Bridgeport, 304 Conn. 483, 506–07, 43 A.3d 69 (2012), citing Gerardi v. Bridgeport, 294 Conn. 461, 468–69, 985 A.2d 328 (2010);  see also Napoletano v. CIGNA Healthcare of Connecticut, Inc., 238 Conn. 216, 249, 680 A.2d 127 (1996) (source of factors, referred to as the Napoletano factors), cert. denied, 520 U.S. 1103, 117 S.Ct. 1106, 137 L.Ed.2d 308 (1997), overruled on other grounds by Batte–Holmgren v. Commissioner of Public Health, 281 Conn. 277, 284, 914 A.2d 996 (2007).  “[T]he [plaintiffs] must meet the threshold showing that none of the three factors weighs against recognizing a private right of action ․ The stringency of the test is reflected in the fact that, since this court decided Napoletano, we have not recognized an implied cause of action despite numerous requests.”  (Internal quotation marks omitted.)   Gerardi v. Bridgeport, supra, 294 Conn. 469–70.

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Stalking Charges Dropped Against BOTH Girls Accused Of Driving Rebecca Sedwick To Suicide

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Posted by Maria Mangicaro
Bullying Prevention Advocate
mangicaro829@aol.com

Published on Nov 21, 2013

Florida prosecutors will drop aggravated stalking charges against a second girl accused in a cyber-bullying case that ended with 12-year-old Rebecca Sedwick’s suicide.

Defense attorney Andrea DeMichael said that while she has yet to receive the formal document from the State Attorney’s Office, her understanding was that Guadalupe Shaw, 14, will be cleared of stalking charges shortly.

Shaw and a 13-year-old girl have been accused of driving Sedwick to take her own life by jumping off a concrete factory.

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From New York: New Statewide Anti-Bullying Law Goes Into Effect July 1, 2012

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Posted by Maria Mangicaro
Bullying Prevention Advocate
mangicaro829@aol.com

Published on Jun 1, 2012
FLORAL PARK — A new statewide anti-bullying law will go into effect on July 1. The Dignity for All Students Act, signed into law by then Governor David Paterson in 2010, seeks to increase awareness and education about bullying in schools. The law mandates that all schools create anti-bullying programs, create codes of conduct to prevent harassment and report all bullying incidents on school property to the state. FiOS1’s Ron Lee reports

Albany Criminal Attorney – New York Lawyer Tom Carr discusses Buffalo teen suicide.

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Posted By Maria Mangicaro
Bullying Prevention Advocate
mangicaro829@aol.com

Uploaded on Sep 27, 2011
Tully Rinckey’s Tom Carr provides legal perspective for WTEN on bullying.
This comes to light after a Buffalo teen takes his life after being bullied online and at school.

Visit Tully Rinckey’s website: http://bit.ly/oRiE9y

News Coverage on bullying in Duval County – FCN

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Posted by Maria Mangicaro
Bullying Prevention Advocate
mangicaro829@aol.com

Published on Nov 9, 2013
The Law Office of John M. Phillips is an award winning personal injury and wrongful death law firm. Our lawyers personally meet with and walk through the claims and trial process with clients. Our attorneys have been featured on every major network and have won many awards. We are licensed in Florida, Georgia and Alabama. Find out more by contacting us at http://www.knowthelawyer.com.

Lawyer stands up for suspect in Rebecca Sedwick cyber-bullying case

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Posted By Maria Mangicaro
Bullying Prevention Advocate
mangicaro829@aol.com

Published on Oct 29, 2013
Attorney Jose Baez says he won’t allow client to be bullied by legal system

Why a Sarasota Child Injury Lawyer Wrote a Bullying Handbook

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Posted by Maria Mangicaro
Bullying Prevention Advocate
mangicaro829@aol.com

Published on Aug 27, 2013
http://www.mallardlawfirm.com/reports… Are you afraid that your child is being bullied by a bigger kid? Unfortunately, bullying occurs far too often, and doesn’t just stop at school. Watch this video to find out more about bullying, in order to help protect your child. As social media expands, bullying is becoming greater, which is why Sarasota child injury attorney Damian Mallard wrote the Bullying Handbook: What You Need to Know to Protect Your Children from Bullies . This book is full of useful information about the different types of bullying including cyberbullying, what to do if your child is a victim of bullying, and other commonly asked questions and answers. For a copy of this handbook, fill out a form on our website to receive a free copy. If you still have questions after reading this book, please contact the Mallard Law Firm to speak with Florida child injury lawyer Damian Mallard in a free consultation at 888-409-3805 or online at http://www.mallardlawfirm.com/contact… .

Aria Jewett – Lawyer John Phillips Argues for Bullying Victim Before Appellate Court

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Posted by Maria Mangicaro
Bullying Prevention Advocate
mangicaro829@aol.com

Published on Nov 9, 2013

Aria Jewett – Lawyer John Phillips Argues for Bullying Victim Before Appellate Court The Law Office of John M. Phillips is an award winning personal injury and wrongful death law firm. Our lawyers personally meet with and walk through the claims and trial process with clients. Our attorneys have been featured on every major network and have won many awards. We are licensed in Florida, Georgia and Alabama. Find out more by contacting us at http://www.knowthelawyer.com.

Judges to decide when bully victims can get protection, after one beating or two

Jacksonville case involves attack on 8th-grade girl

Click here for original story.

By Denise Smith Amos Wed, Nov 6, 2013 @ 7:20 pm | updated Thu, Nov 7, 2013 @ 7:19 am

Three judges in the District Court of Appeals heard arguments Wednesday about whether a bullying victim must wait for a second, or “repeat,” bullying instance before they or their parents can seek a protective injunction in civil court to keep the bully away from the student.

Also in question was whether a lower-court judge’s prior decision to ban a bully from attending any public school should remain reversed.

The appeal is the latest step in the legal case of Aria Jewett, a former Oceanway Middle School student who last spring was brutally beaten by a female classmate who bashed her head against a stone wall as the attack was videotaped. Initially, doctors suspected Aria suffered a skull fracture but have since downgraded her diagnosis to brain trauma.

Both girls, 8th graders at the time, now attend different high schools out of state. But their case goes on.

In May, Circuit Judge Henry Davis banned the girl accused of assaulting Aria from attending any Duval County school, not just her own. The ruling was part of a protective injunction sought by Aria’s mother, Melissia Thomas.

Later, a court overturned Davis’ ruling, saying he didn’t have authority to deny schooling to a student; that was the superintendent’s purview.

Wednesday’s appellate arguments looked at a different facet of the case. Most of the judges’ questions had to do with how many assaults must occur before a court can award a protective injunction forbidding contact between a bully and his or her victim.

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How This California Law Firm Handles Bullying Cases

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Posted by Maria Mangicaro
Bullying Prevention Advocate
mangicaro829@aol.com

Published on Oct 22, 2013

http://JacksonandWilson.com/bullying

Bullying is a Big Problem

12-year-old Rebecca was bullied and terrorized relentlessly for months both on and offline. After texting a friend that she couldn’t take it anymore, Rebecca jumped to her death from a high cement factory tower.

Prior to Rebecca’s death, up to 15 teenagers in school had reportedly been bullying Rebecca with several using social media to make their point. After her death, two of the teenage girls were arrested for bullying Rebecca and are now charged as juveniles with criminal third-degree felony aggravated stalking.

Bullying happens every single day. The cases that seem to make the news are the ones where someone is seriously harmed or takes his or her life. I guess that’s understandable but it’s important to know that for every case you hear about on the news, there are hundreds of other bullying cases out there you never hear about.
Bullying is a big problem and here are my suggestions to help you take on the bullies and win!

If you have any questions, give us a call or connect with us via our website.

Jon Mitchell Jackson and Lisa M. Wilson
Jackson & Wilson, Inc. (Since 1986)
23161 Mill Creek Drive, Ste 150
Laguna Hills, CA 92653
Tel No. 949.855.8751
Toll Free No. 800.661.7044
Email: help@jacksonwilson.com
Website: http://JacksonandWilson.com
____________________

Our partners have been trial lawyer since 1986 and are all “AV” rated. Our senior partners have extensive experience helping personal injury and wrongful death clients with their claims and cases and include a 2013 California Lawyer Attorney of the Year Award (CLAY Award) and 2009 Orange County Trial Lawyer of the Year award. We’ve been helping people for almost 3 decades and the chances are good we can help you to. All you need to do is call.

Click here to read more.

Bakersfield CA School Bullying Lawyer Video Fresno Civil Rights Attorney California

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Posted by Maria Mangicaro
Bullying Prevention Advocate
mangicaro829@aol.com

Uploaded on Feb 8, 2012

http://www.rodriguezlaw.net 661-323-1400 The Bakersfield CA attorneys at Rodriguez & Associates understand how traumatic school bullying can be to a child. They will defend your child’s rights and help you deal with this issue.