Legal Question in Civil Litigation in New Jersey

Can I sue the principal of my son's school?

Our 10 year old son got kicked in the groin on the school bus. The child that kicked him said he didn't mean to kick him there and apologized. Our son still had to receive medical treatment and we went to the principal and filed a complaint. She told us that it would probably go unresolved and questioned whether or not he got hurt at home and was afraid to come and tell us. I started to get very angry in this heated discussion and was then told that I should seek counseling for anger management. After seeing me very upset my son came to me and gave me a hug and kiss and patted my back. Two weeks later we received a letter from NJ DYFS. We were told by the case worker that this was construed as inappropriate. The case has been dismissed. I would like to know if I could sue her professionally of personally. She shouldn't be allowed to get away with that. Please advise.


Asked on 1/03/05, 4:43 pm

2 Answers from Attorneys

John Corbett Corbett Law Firm LLC

Can I sue the principal of my son's school?

It seems to me that you�re managing your anger very well. Let�s keep it that way.

In the legal sense, you have a cause of action against the boy that battered your son. You might bring that suit in his name and as his guardian. You might collect damages in the amount necessary to compensate you for medical costs. You might also collect punitive damages that a jury might think appropriate to keep the perpetrator from repeating that behavior.

The choice that you need to make is whether that action is appropriate under the circumstances. If I read between the lines of your message, it seems to me that the �offense� is more one of the insult to you of having your judgment challenged by the school principal. In your position, I would feel the same way. I would be furious that the principal contacted DYFS on an issue that didn�t deserve that response. I would be furious that the response of the management of the school did not involve some measures of correction of the behavior of the boy who injured your son. The insult, however, is not actionable at law and, because of the way you ask, I think you can rise above it.

I suggest to you that, as a responsible parent, you have probably taken all of the actions required of you or appropriate to the situation. Certainly, the rest of us would view things that way. You have obtained medical attention for your son. You have obtained an apology from the other child which seems to indicate that he appreciates the harm that he caused and might have caused. You have reported the incident to the school authorities.

It is possible that the school authorities acted inappropriately toward you. In a cool moment, write a letter to the chairman of the Board of Education. Document the situation and your concern and let the Board do its job.

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Answered on 1/04/05, 4:09 pm

Re: Can I sue the principal of my son's school?

Yes. The principal's behavior was clearly inappropriate and designed as an attempt to discredit you. Luckily DYFS saw through this attempt. You may have a cause of action against the principal as a result.

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Answered on 1/03/05, 6:51 pm


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