Consumer Law

Suing for Justice in Schools

By Joe Consumer

At the PopTort, we love finding fissures in the conservative movement and its generally disparaging views about the civil justice system.  For example, we did a blog recently called ?Conservatives Who Sue? and we are beyond impressed with some very strong anti-?tort reform? writings from the very conservative Center for a Just Society.  

Andrew Sullivan is one conservative blogger who, for his own reasons, doesn?t always follow the party line on this (as pointed out here).  Today, he is featuring a reader?s comment responding to a video campaign by Dan Savage directed at LGBT teens, trying to reassure them that no matter how badly they are bullied in school, things will get better if they ?just hang in there.?  But for now, he says, ?We can?t help them.? 

Sullivan's Daily Dish reader disagreed, making about as forceful an argument as we?ve seen for using the civil justice system in situations like this.  He writes:

There is absolutely something we can do.

In 1995, Lambda brought a case on behalf of Jamie Nabozny against the high school that allowed him to be relentlessly and brutally bullied for four years.  Students urinated on him, pretended to rape him during class, and when they found him alone kicked him so many times in the stomach that he required surgery. Although they knew of the abuse, school officials said at one point that Nabozny should expect it if he?s gay. For the first time, in this case, a court issued an opinion finding that a public school could be held accountable for not stopping antigay abuse. The case went back to trial and a jury found the school officials liable for the harm they caused to Nabozny. The case then settled for close to $1 million.

We need a national campaign to sue the crap out of these schools.  The disgusting and bigoted principals and administrators may be afraid to stand up for a gay kid, but they won't hesitate to protect themselves against a six-figure damages claim.

So let me ask readers this: What are real problems in our schools today?  Bullying that leads to suicides  and violence is certainly one.  If you?ve been following all the hoopla around the movie Waiting for Superman (yes, Oprah has done two shows on this already), the problem is bad teachers.  Of course, bad teachers sometimes teach in the suburbs too, where kids get a far better education than in the cities portrayed in the movie, so let?s say another big problem is money.  Here?s what no one thinks is the problem ? lawsuits.  Say like the one directed at Jamie Nabozny?s school. 

Seems like the only one who keeps saying this is the anti-litigation corporate lawyer Philip K. Howard, recently featured in a David Brooks column and who recently complained ? once again ? (this time in the Daily Beast), that  ?Fear of lawsuits has poisoned human interaction in ? schools.?  In other words, a real problem in our schools is that teachers are afraid to touch students. Except, of course, when they're not.

All I can say is, I hope Philip K. Howard sticks with his day job, corporate lawyer, where he?s doing enough damage already, and stays out of our school systems, where he could do even more.

Full post as published by ThePopTort on September 29, 2010 (boomark / email).