In a recent negligence action, the Superior Court of Connecticut at Danbury denied a motion for summary judgment filed by the Town of New Milford, the New Milford Board of Education, and several school employees (collectively the defendants). The Court was not persuaded that the defendants enjoyed governmental immunity from suit, or the claim that they did not owe a duty to a student-victim assaulted by another student on school grounds.
In this case, the plaintiff was the target of repeated bullying and harassment from a classmate, Kevin, during his freshman and sophomore years in high school. He endured pushing and shoving, being struck by a stack of school books, menacing stares, and even derogatory “gay” remarks from Kevin. The plaintiff constantly complained to various school administrators, though no meaningful action was ever taken. This culminated to a full-blown assault of the plaintiff at Kevin’s hands outside the school cafeteria.
The plaintiff sued the defendants, arguing that they had a duty to protect him from Kevin and failed to do so. “The plaintiff contends that [one individual defendant] had a duty to compel compliance with school rules and to prevent bullying and harassment… [as well as ] a legal duty to be alert to possible situations that might include bullying and to inform the administration immediately of such events.” In addition, he claimed that governmental immunity was inapplicable, because he was an identifiable victim to an imminent harm. Finally, he asserted town liability because the Board of Education was an agent for the town in “mandating control” over the public high school.
Municipal employees are “liable for the misperformance of ministerial acts, but has qualified immunity in the performance of governmental acts…” Basically, governmental acts are supervisory and discretionary, while ministerial acts must “be performed in a prescribed manner without the exercise of judgment or discretion.” However, even if a defendant successfully claims that the acts in question were discretionary, thus invoking governmental immunity, a plaintiff may still defeat a motion for summary judgment by asserting one of three exceptions (discussed in greater detail here): in this case, the identifiable person-imminent harm exception.
The identifiable person-imminent harm exception requires a showing of three things: “(1) an imminent harm; (2) an identifiable victim; and (3) a public official to whom it is apparent that his or her conduct is likely to subject that victim to that harm.” A person will be deemed “identifiable… if the harm occurs within a limited temporal and geographical zone, involving a temporary condition;” a harm is imminent if it is “ready to take place within the immediate future.”
The Court sided with the plaintiff and denied summary judgment as to all defendants. It noted, “The [board of education’s] duty to supervise students is performed to the benefit of the municipality;” in this case, the plaintiff’s claim didn’t involve his education, but rather “the inability of certain teachers and staff at New Milford High School to supervise and maintain control on its premises for the protection of its students.” A duty to supervise students is not confined to just younger children, but also includes high school students because a gathering “in large numbers at lunch time or at sporting events would certainly seem to present a risk of incidents such as the one involved in this case occurring [an assault at school].” Thus, on all grounds asserted by the defendants, the motion for summary judgment was denied.
This case, Straiton v. New Milford Board of Education, et al, appears to be continuing through the courts with a hearing scheduled for October 19, 2012. It may be found on the Judicial Branch website under DBD-CV10-6003255-S.
Bullying in schools has become a serious problem, and increasingly courts are willing to permit the case to proceed beyond a motion for summary judgment, despite claims of governmental immunity or no duty owed to the students. If you are the parent of a child who has been bullied or assaulted, despite repeated unaddressed complaints to administration, it is imperative that you consult with an experienced and knowledgeable school law practitioner. Should you have any questions regarding bullying or other education law matters, please do not hesitate to contact Attorney Joseph C. Maya, Esq. He may be reached at Maya Murphy, P.C., 266 Post Road East, Westport, Connecticut (located in Fairfield County), by telephone at (203) 221-3100, or by email at JMaya@mayalaw.com.
Written by Lindsay E. Raber, Esq.
 Straiton v. New Milford Board of Education et al., 2012 Conn. Super. LEXIS 773 at 15.
 Id. at 11.
 Bonington v. Westport, 297 Conn. 297, 306, 999 A.2d 700 (2010).
 Cotto v. Board of Education, 294 Conn. 265, 273, 984 A.2d 58 (2009).
 Id. at 275-76.
 Stavrakis v. Price, Superior Court, judicial district of Litchfield, Docket No. CV 10 6001285, 2010 Conn. Super. LEXIS 2257 (September 7, 2010, Roche, J.).
 Purzycki v. Fairfield, 244 Conn. 101, 112 (1998).
 Straiton, supra at 12-13.
 Maretz v. Huxley, Superior Court, judicial district of New Haven, Docket. No. CV 07 5011978 (January 12, 2009, Corradino, J.)