AMELIA COUNTY, Va. — An Amelia County family is suing staff at the county's elementary school for more than $5 million, claiming they knew their child was being bullied for months and did not appropriately respond.
The lawsuit alleges that the school's failure to address the bullying ultimately led to the child being assaulted.
John Merrick represents "Jane Doe," the student who the 14-page lawsuit says was victim to bullying at Amelia County Elementary School for months.
"My client at the time, she was a fifth grader, she was 10 years old, she was autistic," Merrick said.
The lawsuit says the bullying started in August 2021 when Jane Doe's mother notified her teacher and principal about her child coming home with bruises from being "hit, pushed and kicked by a bully."
The following month, another report of bullying came up, yet based on counselor notes, it was determined a "peer conflict," something Virginia law says does not constitute as bullying.
"Bullying does not include ordinary teasing, horseplay, argument, or peer conflict. So, there you go. The last sentence provides sort of an out to say, this wasn't bullying, this was something else," Merrick said. "They can simply say it wasn't bullying. And therefore, none of these things are triggered. Because, honestly, once they do admit that there's bullying, it does seem that there are certain steps that must be taken, that they may perceive as onerous, and maybe it's easier to simply say, 'I don't see any bullying here. We don't need to do the things that the Code requires of us.'"
The lawsuit details more alleged incidents, from more bruising, to bullies stabbing Jane Doe with a pencil and threatening to kill her with a pair of scissors.
It also mentions Jane Doe going to the nurse's office for being hit in the face with a block and, the following month, sending a text to her mother about being hit with ice by bullies.
"That this was something that was occurring over the course of several months that culminated in a brutal assault at school," Merrick said.
The lawsuit alleges the following February, Jane Doe was assaulted in the school by bullies and the act was caught on camera. That video has not been seen by CBS 6 at this time.
The lawsuit alleges her principal, assistant principal, and two teachers told the family multiple times that the bullying would be handled and that Jane Doe would be kept away from bullies.
The lawsuit calls for $5 million in compensatory damages, and $350,000 for punitive damages against each defendant.
But the defense maintains that there are not enough facts to prove they were negligent, grossly negligent, or intentionally inflicted emotional distress on Jane Doe, as the lawsuit claims.
"Was this bullying? Did the teachers know that this was going on? Did they have an opportunity to take action and fail to take action? Was this harm foreseeable? Those are all questions that ultimately, a jury will be asked to decide," Merrick said.
CBS 6 reached out to the defense attorneys for all four defendants, but has not heard back at this time.
CBS 6 also reached out to Amelia County Superintendent Dr. Lori Harper for comment, but has not heard back at this time.
After two years, this case will go to trial in June. The pretrial conference will be this Friday at 9 a.m.
This trial comes as the Amelia community mourns the death of John Tyrcha. The 17-year-old Amelia County High School student died by suicide after his parents said their son endured "relentless bullying" at school.
CBS 6 is committed to sharing community voices on this important topic. Email your thoughts to the CBS 6 Newsroom.
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