Family sues Northampton over teen’s suicide after bullying at high school

By JAMES PENTLAND

For the Gazette

Published: 02-21-2023 5:30 PM

NORTHAMPTON — Alleging violations of the Civil Rights Act and the U.S. Constitution, the family of a teen who took her own life three years ago is suing the city of Northampton for failing to protect the girl from bullying at the high school.

The lawsuit, filed last month in Hampshire Superior Court, claims that Northampton High School officials failed to investigate reports of bullying filed by the girl and her mother, downplayed the bullying to state investigators, and failed to keep her safe in violation of state and federal laws and the school’s own policies.

The claims include negligent and intentional infliction of emotional distress, violation of the First and 14th Amendments of the U.S. Constitution, and wrongful death. The plaintiff is listed as Jane Doe, representing the estate of the girl, listed as N.M.

The girl’s death came 10 years after the suicide of Phoebe Prince, a 15-year-old who took her life following bullying by her South Hadley High School classmates. The case led to criminal prosecutions for six of the perpetrators and legislative and community initiatives to prevent such tragedies.

According to the Northampton lawsuit, the girl, described as a biracial child suffering from anxiety and post-traumatic stress, began to be bullied by a group of children her own age during the summer before she entered NHS in 2018, around her 15th birthday.

The harassment continued in school, according to the suit, involving cyberbullying, physical intimidation, threats of violence and racial remarks. Despite multiple incidents and reports to staff, the suit alleges, the school took none of the steps to protect the girl that are mandated under the Civil Rights Act and under its own policies.

By the spring of 2019, the girl did not feel comfortable attending school, and she attempted to take her life in May, the lawsuit states. As a result, the state Department of Children and Families contacted the school. The school official investigators spoke to downplayed the bullying as “peer on peer conflict” and even characterized the girl as the aggressor, according to the lawsuit.

When the girl returned to school in September 2019, she was placed in a special program known as The Academy, which the lawsuit describes as a program for students with behavioral problems. Here, the suit states, the girl was physically attacked, suffering a concussion.

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The next day, the school implemented a safety plan for the girl under which she would be intentionally supervised by an adult at all times during the school day. Nevertheless, the bullying allegedly continued, via social media and in person. During this time period, the girl was suspended from school three times following incidents with other students.

In November, the lawsuit states, she was “savagely and brutally attacked a second time” at school, after which her mother pulled her out of school.

The girl’s reaction, according to the lawsuit, was that it was unfair she should be unable to attend school because of her bullies, and she could not understand the school’s inability to protect her. On Jan. 30, 2020, she took her own life.

Calling for a jury trial on all counts, the lawsuit seeks judgment against the city “in a reasonable amount” on eight counts, along with punitive damages of at least $5,000. The plaintiff is represented by attorneys Robert DiTusa and Laura Mangini of the Springfield firm Alekman DiTusa, and Boston attorney Carmen Durso.

The city, through its attorneys Pierce, Davis & Perritano, filed a petition last week for the case to be transferred to U.S. District Court.

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