Category Archives: School Bullying

What Schools Can Learn from the Bowe Cleveland Case About Gun Violence

Tuesday, August 13, 2019

When it comes to gun violence in schools, questions over how to best protect our students are becoming more and more critical to answer. Last year was a record year for gun violence in schools, and students are at risk of not only mass tragedies on the scale of Parkland and Sandy Hook, but also of individual targeting.

A case Rodriguez & Associates took to trial this year underscores this issue, and raises even more questions, specifically around how much schools themselves should or can do when it comes to preventing gun violence on premises.

Bowe Cleveland, a former student at Taft Union High School in Kern County, California, was shot in the chest with a shotgun by fellow student Bryan Oliver on January 10, 2013.

Oliver pleaded no contest to two accounts of attempted murder without premeditation and was sentenced to 27 years to life. But Cleveland argued that school administrators ignored red flags about Oliver and could have prevented the attack in the first place. After suing the school district, Cleveland was awarded $3.8 million in damages this past July. The case was the second school shooting in the U.S. to ever go to civil trial.  The first such trial was sometime in the 1990’s.

Cleveland accused the school district of ignoring numerous threats made by the shooter in the ten months leading up to the shooting. Those red flags included threats by the shooter of bringing a gun to school and shooting 50 students and blowing up the school auditorium during a pep rally. The school administrators received reports not only from students but even from teachers and staff that they were scared of what the shooter might do.

Cleveland also accused the school district of violating their own written safety protocol.  This written safety protocol called for a threat assessment plan on how to deal with students making such threats.  The school district came up with a weak plan and then failed to modify it in the face of continuing threats made by the shooter.  Finally, Cleveland accused the school district of violating their own written safety protocol because they were more concerned with their school image than the safety of their kids.

Cleveland suffered severe injuries after the shooting that required 30 surgeries over the past six and a half years. During his opening statement in the second phase of the trial, attorney Daniel Rodriguez said Cleveland faced lifelong continuing medical problems due to the shooting, and that he still deals with lead pellets embedded in his body.

This case, however, highlights the need for schools to not simply pay lip service to student safety but take the necessary actions to help prevent gun violence on school property.

While it is impossible to predict every single situation that might occur, raising awareness and taking steps in the face of suspicious activity could prevent cases like Bowe’s from repeating themselves in the future.

At Rodriguez & Associates, we stand behind the communities we serve, including schools and the students that attend them day after day. We hope this verdict can serve as a wake-up call across the nation, and stand willing to assist and play our role in making a change.

Posted by Lorrie Ross at 8:06 pm

Curran Middle School Bullying

Saturday, April 15, 2017

Bullying is a problem that’s been around for centuries, but the type of threats and the severity of consequences have changed in recent years. Today’s students can become victims of cyberbullying, or using electronic devices and equipment such as cell phones and computers to bully a victim via text message, email, or social media. Cyberbullying has been linked to depression, anxiety, and even suicide in young students. Unfortunately, the halls of many middle schools are not safe from this form of bullying or others.

Recent Cyberbullying Investigation at Curran Middle Schools

In February 2017, police launched an investigation at Curran Middle School in the face of new threats against students. While they made no arrests, they did receive a confession from two students who admitted to creating a social media account. The students said they created the account for attention and had no intention of doing anything. According to the original complaint a few months ago, there had been multiple social media threats listing students targeted for a supposed school shooting and the dates on which the shootings would occur.

As of now, there is no confirmation that new findings relate to these prior threats. However, police have identified one 14-year-old girl as a suspect. Ultimately, the District Attorney’s Office will decide whether a crime took place. Investigators are still digging into the source of the original threats. While police say they don’t believe Carron Middle School students are in any danger, many parents are keeping their children home from school. This recent cyberbullying event raises many questions and concerns about bullying.

The Dangers of School Bullying

Bullying is a real threat to students. In spite of efforts of communities, schools, and parents to put an end to bullying, it still pervades thousands of schools all over the world. “Bullying” describes any type of intimidation one person imposes on another. Students may become victims of verbal, physical, or psychological bullying. All forms can have serious ramifications on a person’s life, including:

  • Physical harm and injuries
  • Health problems and complaints
  • Changes in eating or sleeping patterns
  • Nightmares and post-traumatic stress disorder
  • Poor self-confidence and self-image
  • Emotional and mental trauma
  • Feelings of isolation from friends and family
  • Problems with fear, anxiety, and depression
  • Turning to drugs or alcohol to cope
  • Problems in school or with grades
  • Loss of interest in regular activities
  • Suicidal thoughts or actions

In the event of bullying, parents may be able to hold a school liable for damages. This may be the case if a negligent staff member contributed to your child’s harm, such as by failing to supervise children or take reasonable action to prevent bullying. The courts may hold a school liable for negligence or intentional acts if teachers contribute to bullying or student harassment.

When to Speak to an Attorney

Not all cases of school bullying are grounds for personal injury lawsuits, but many are. Most school bullying attorneys offer free initial consultations, giving you the opportunity to speak to a licensed lawyer about your child’s particular situation. If the lawyer believes your case has merit due to someone else’s negligence or intent to harm, you may want to pursue a lawsuit against the school or school district. A lawsuit can result in recovery for your child’s damages, including his/her personal injuries, medical bills, pain and suffering, and emotional distress.

A local attorney can help you learn your rights as a parent and your options moving forward. An attorney can also file a claim against the school district on your behalf and represent you during settlement negotiations and a trial if your case goes to court. For more information about a bullying case at Curran Middle School, speak to the attorneys at Rodriguez & Associates of Bakersfield.

Posted by highrank at 9:23 pm