How do I file a civil suit against our local school district for failing to uphold their bullying and harassment policy? 12 Answers as of October 30, 2012

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
I am not sure that you can. You probably should contact a local lawyer. Most states have a law, called governmental immunity, which prevents suits against the government. That includes public schools. You can only sue for gross negligence. I am not sure that this would constitute gross negligence. A local lawyer can advise you better than I can; I am in Michigan.
Answer Applies to: Michigan
Replied: 10/30/2012
David F. Stoddard
David F. Stoddard | David F. Stoddard
It would be best to find an attorney to take the case an file for you. If you do it yourself, you can go to the SC Judicial Department website for forms and the Rules of Civil Procedure. However, the chances of success without a lawyer are not good.
Answer Applies to: South Carolina
Replied: 10/25/2012
Law Office of Mark J. Leonardo
Law Office of Mark J. Leonardo | Mark Leonardo
Suing the government (a school district) is very tricky and I do not recommend doing it on your own. You first have to file a government tort claim with in 6 months of the incident. This is a prerequisite to suing. You can get the form from the school district. But you really should speak to an attorney before you do this.
Answer Applies to: California
Replied: 10/24/2012
Richard E. Damon, PC | Richard E. Damon
You consult an attorney and have him file a lawsuit after first making a claim against the school district.
Answer Applies to: California
Replied: 10/24/2012
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
You should hire a lawyer who has some experience in dealing with school boards. May be one who has been atty for a school district
Answer Applies to: North Carolina
Replied: 10/24/2012
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    What proof(videotape, recordings, witness affidavits, etc) do you have?
    Answer Applies to: Montana
    Replied: 10/24/2012
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    I'm not sure you can. If you have evidence that the prinicpal is not following school policy, you can bring it to the attention to the Board of Education.
    Answer Applies to: New York
    Replied: 10/24/2012
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    You should at least consult with a lawyer who handles bullying cases for specific legal advice.
    Answer Applies to: Indiana
    Replied: 10/24/2012
    Downriver Injury and Auto Law | Michael Heilmann
    In general, school systems are immune from suit due to governmental immunity.
    Answer Applies to: Michigan
    Replied: 10/24/2012
    Dwyer, Black & Lyle, LLP
    Dwyer, Black & Lyle, LLP | Kevin Habberfield
    First you need to file a notice of claim pursuant to the general municipal law. Do so within 90 days of the negligence or you must seek the assistance of the court. Your statute of limitations is 1 year and 90 days but, you MUST file the notice of claim first. You need an attorney's help on this one. Good luck.
    Answer Applies to: New York
    Replied: 10/24/2012
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Easy answer: hire a lawyer Tougher answer: first, you have to put the head of the school district on notice of your intention to bring a claim by certified mail, return receipt requested, of your intention to bring a claim pursuant to Section 768.28, Florida Statutes. Then you have to wait 60 days for them to respond, and it's deemed denied if you don't received a response within that time frame. Then and only then can you file a lawsuit.
    Answer Applies to: Florida
    Replied: 10/24/2012
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