Lawsuit alleges school district didn't keep student safe from bullying

NOW: Lawsuit alleges school district didn’t keep student safe from bullying

ST. JOSEPH COUNTY, Ind. -- The family of a Discovery Middle School student is suing the Penn Harris Madison School Corporation for failing to keep their student safe. The suit is related to a fight in the school bathroom that was recorded on video and shared on social media.

The lawsuit was filed Wednesday evening on behalf of the eighth grade student by his parents.

The family is alleging Penn Harris Madison failed to keep their student, who is 14-years-old, safe while at school, according to the lawsuit.

The parents allege in the suit Penn Harris Madison failed to notify them after the principal of the school witnessed another student push their son against a table in the lunchroom on March 29, 2019, according to the lawsuit.

On April 8, the plaintiff was in 4th period when the same student from the prior incident went into the plaintiff's classroom and allegedly threatened to break his jaw, according to the lawsuit.

Later in the day, when the plaintiff was in the restroom, the suit alleges the same student from both prior incidents assaulted the plaintiff and the assault was recorded on video.

The video was shared on social media and was reported by ABC57 News.

The plaintiff suffered a concussion and multiple cuts as a result of the attack, according to the suit. The student was unable to attend school for several days and was unable to participate in athletics during this time, according to the suit.

The family also alleges members of the district falsely said the victim spit on the alleged perpetrator on March 29, when he did not, according to the lawsuit.

The family is suing the district for negligence and for invasion of privacy (false light).

They are seeking attorney's fees, costs of the lawsuit and just and proper relief.

The student who allegedly attacked the plaintiff in the restroom and the student who recorded the incident and shared it with others were taken to the Juvenile Justice Center for charges that would be a battery with serious bodily injury if they were adults.

We have reached out to Penn Harris Madison School Corporation for comment. They responded, "On the advice of legal counsel, we are not allowed to make any comments on this matter."

Share this article: