Legal Question in Civil Rights Law in New York

Re: Abuse in Public School

It depends what you have in mind; from your question, it sounds like a negligent supervision situation, not one where the school officials actually participated in any active wrongdoing.

Under other circumstances, involving personal injuries, schools have been held liable for failure to supervise. Depending on the facts, they might be liable here as well. The question you need to consider is whether the abuse your son experienced at the hands of other teens was reasonably forseeable to school personnel, or whether the acts were superceding, intervening events.

Since your son was abused by other minors, you might wish to report the activities to the State Office of Children and Family Welfare, which oversees CPS and Social Services.

If you do, it will generate an official investigation, and quite possibly, criminal charges.

Re: Abuse in Public School

Your soon has until his 19th birthday to bring a suit. Although he is in a residential program, you can and should help him to find an attorney who can help him restore his dignity and make sure that the behavior you describe is not visited on another child.

You may call me about this matter, even though my office is downstate, If I am unable to help you, I can recommend a number of lawyers in your city that may be willing and able to help you.

Good Luck