[inventing_man]

Hi . My son 16 was attacked from behind today and received a blow to the temple area by another 16 year old . The blow was hard enough to knock him out. The area of impact could have been fatal . Then the kid proceeded to repeatedly hit him in the face and pulled hair out while my son was unconscious. He has a broken tooth , black eye and swollen jaw . All has been photographed and a school report of the incident we have. The 16 year old who attacked has been suspended from school. ..all of 3 days ..... Now what are my legal options to recover damage.
I want to make a statement here . i feel it is the schools duty to call the police ( not school cop) as any form of assault and battery would warrant . At that time the parent would make to call to have the minor arrested or not .. NOT THE SCHOOL !!!
Now that being said , I also want to sue the school for mishandling this whole sorted mess . As it is apparent this school is not being properly managed in regards to student safety and supervision. Sadly it is a small school. Please help .

[cyjeff]

Call the police.

Sue the parents of the child for damages.

[cdwjava]

i feel it is the schools duty to call the police ( not school cop) as any form of assault and battery would warrant .

The school can do it, you can do it, ANYONE involved can do it. So, call the police.

Oh, and assuming the "school cop" is the SRO, then he IS the police.

Now that being said , I also want to sue the school for mishandling this whole sorted mess . As it is apparent this school is not being properly managed in regards to student safety and supervision. Sadly it is a small school.

There is not enough information posted to render an opinion as to the school's responsibility. You'll have to check with an attorney to see if the school holds any real liability in this.

- Carl

[inventing_man]

Thank you all for the input. The school cop is a retired police officer and more of a security man than police . He has no authority to arrest.
We were called AFTER the assaulting student HAD left the campus with his parents. He should have been HELD there until we were there to make the decision to arrest or not baed on how beat up our son was. The School let the fellon go, and did not call proper authorities.

[cyjeff]

That is regrettable, but easily repaired.

When you called the police, what did they do?

[cdwjava]

Thank you all for the input. The school cop is a retired police officer and more of a security man than police . He has no authority to arrest.
We were called AFTER the assaulting student HAD left the campus with his parents. He should have been HELD there until we were there to make the decision to arrest or not baed on how beat up our son was. The School let the fellon go, and did not call proper authorities.

The school is not the police and may not have felt they had any authority to hold the suspect against his will - if they even had him in their possession to begin with... it all depends on what was known by whom and when.

Again, the school may not have any real liability here. Your beef should be with the suspect, not the school.

Have the police indicated that they will pursue an arrest warrant?

- Carl

[inventing_man]

The security guard , did have the right to detain the assaulting student until his parents arrived . A minor, during school hours and under school supervision can not leave the school under his own free will . The school has the right to detain, even behind locked doors if need be, until legal guardianship or local police arrives.
In this case of assault and battery , where by a student could be severely injured, " Knocked out" or otherwise incapacitated , The schools standing protocol was NOT met. First Medics should have been called , then The REAL police should have been dispatched , Typical 911 procedure. The assaulting student held and questioned BY the real police AT THE SCHOOL . BOTH parties, present to decide on proper course of action based on the extent of injuries as described by the attending medics. Party 1 in one room , party 2 in another , and police questioning between the two for the facts. OR in the case of transport to a local hospital for the assaulted student , an immediate arrest AT the school.
This blind sided "Cheap shot" assault was inside the school lunch room and witnessed by many .
Yes we can pursue damages from the parents , He has a chipped tooth and a black eye. I have dental insurance , why go through the all the rest of lost time and money going to court. If it had been worst , YES I WOULD.
My wish is to sue the school for willful endangerment and neglect by not following THEIR written procedures for such actions. This schools student body is out of control . There are assaults every day. If the cops are called and the troubled ones are cuffed and stuffed with long term consequences, maybe it will stop. and maybe save a life. The schools "no tolerance " policy is a joke. The school wants to keep a "low key" thats why they dont call the police when a law is broken. Sweeping their policy failures under the rug Stops here .
Also the school nurse has no trauma training to make the decision " Oh he's all right , just a little bump on the head " NOT IF YOU GET KNOCKED OUT LADY !!!! Hell , if a football player get KO'ed on the field, Guess who's out there, REAL MEDICS not the school nurse !!
Sorry to be so gruff here, But it makes me mad. This is a total lack of good judgment and a case of covering there A%% by the School P and VP to save their jobs.Turning a blind eye to the problems, everything is fine here, attitude. Putting our students at risk and denying them a safe place to study and learn. All they are learning is fear. "Will I be the one to get beat up today" is no way to go to school. How do I know? Everyone of my sons friends tells the same story.

[cdwjava]

The security guard , did have the right to detain the assaulting student until his parents arrived .

That's fine. Having the authority to do it, and having the legal obligation are different issues.

When you asked the school why they did not detain the attacker for the police, what did they tell you?

In this case of assault and battery , where by a student could be severely injured, " Knocked out" or otherwise incapacitated , The schools standing protocol was NOT met.

What "protocol" are you refering to? Is there a school or district policy mandating they detain a suspect of an attack? oes your state law mandate that a school detain a suspect of an attack?

Is there a stated reason why the school did not detain him? (I can think of a few, but I'd only be guessing ... I'd really like to know what they told you.)

First Medics should have been called , then The REAL police should have been dispatched , Typical 911 procedure. The assaulting student held and questioned BY the real police AT THE SCHOOL .

I don't disagree. But, again, it depends on what was known by whom and when, and what the legal obligations are in your state.

Again, when you asked the school, what did they say?

And if your child has suffered some injury and you think you have a civil suit against the attacker and the school, consult a lawyer. You may or may not have a case.

Yes we can pursue damages from the parents , He has a chipped tooth and a black eye. I have dental insurance , why go through the the rest of lost time and money.

Your insurance company might decide to go after them.

My wish is to sue the school for willful endangerment and neglect by not following THEIR written procedures for such actions.

What "written procedure" did they fail to follow? You have stated a few generalities, but nothing in reference to their specific requirements under the law, school policy or district policy.

Suing for "willful endangerment" may be a hard road to follow. But, if your attorney can show a pattern of negligence where the end result of violence against your son was the reasonable foreseeable consequence of the school's actions, you might prevail. Not knowing the school's side of things, we have no way to know how likely that might be as we only know your account. Hence my suggestion you speak with an attorney.

This school student body is out of control . There are assaults every day. If the cops are called and the troubled ones are cuffed and stuffed with long term consequences, maybe it will stop.

I agree.

And the school nurse has no trauma training to make the decision " Oh he's all right , just a little bump on the head " NOT IF YOU GET KNOCKED OUT LADY !!!!

I doubt that "trauma training" as you might believe it to be is required. Depending on the training and qualifications of the nurse, he or she likely had training in trauma medicine. Again, the circumstances and any injury will have a great impact on whether this action contributes to any possible negligence the school might have.

Hell , if a football player get KO'ed on the field, Guess who's out there, REAL MEDICS not the school nurse !!

Chances are the nurse has more training than the medics at the football game ... unless the nurse position is merely ceremonial and does not require he or she to be an LVN or RN.

- Carl