Meyers v. Cincinnati Board of Education, No. 18-3974 (6th Cir. 2020)
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Gabriel Taye, an eight-year-old Carson Elementary student, tied a necktie to his bunk bed and hung himself. Two days earlier, another Carson student attacked Taye in a school bathroom, knocking Taye unconscious for more than seven minutes. The incident was one of 12 "bullying" incidents spanning from Taye’s first-grade year at Carson until his death. The Plaintiffs allege that the then-principal and assistant principal (Jackson and McKenzie) misrepresented the severity of and outright concealed several bullying incidents involving Taye. The Plaintiffs uncovered information about these incidents after Taye’s death. The Plaintiffs sued under 42 U.S.C. 1983, also alleging state law tort claims of wrongful death, intentional infliction of serious emotional distress, negligent infliction of emotional distress, loss of consortium, failure to report child abuse, and spoliation.
The Sixth Circuit affirmed the denial of Jackson and McKenzie’s motion to dismiss. The Plaintiffs’ amended complaint sufficiently alleges that Jackson and McKenzie behaved recklessly; they are not entitled to governmental immunity under Ohio law. Jackson and McKenzie knew the full extent to which Taye was subjected to aggression and violence by his classmates. They had video footage of several of the violent incidents Taye experienced at school. Carson's behavior logs also document other routine aggressive and violent behavior among the student population.
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