Legal Question in Civil Rights Law in Illinois

My 8 yr old son is being bullied outside of school by a classmate. I filed a police report, because it is ongoing. The police told me they could not arrest a 8 yr ( charge is misdemenor battery), and suggested I talked to his parents. The problem is my sons school is not obligate d to give me his personal information, because its not happening on school property. Can I sue for pain and suffering or something. No one seems to care what is happening to my son, but me.

Asked on 6/03/13, 3:17 pm

2 Answers from Attorneys

Chen Kasher Chen Kasher
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Yes, you can sue the parents for the intentional torts of their children under 740 ILCS 115/3. There is a $20,000 damage limit plus attorney's fees, but you should be able to recover some of your son's pain and suffering and help prevent the parents from harassing your child again.

Feel free to contact me at [email protected] and I will be able to discuss this possibility.

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Answered on 6/03/13, 7:03 pm
Chen Kasher Chen Kasher
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Excuse me, he is 8 years old. Therefore, 740 ILCS 115/3 is inapplicable. However, you may still be able to sue the parents if (1) they had notice of the child's bullying and (2) an opportunity to control him. More facts are needed to evaluate your case under this theory.

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Answered on 6/03/13, 7:25 pm

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