Legal Question in Civil Rights Law in New Jersey

Do I have a case to file. I am devastated by the poor action and reactions of my sons school and District. The following is a short list of what was done

My sons private medical condition was discussed and shared with another student (his brother)

My son was sent home even after he was cleared to be at school by his doctor

My son was brought up to the nurses office with his teacher wearing gloves at peak parent time, doors left open to the office and nurses room where he could be seen and the conversations of his condition heard.

They emails sent out to first my youngest sons school families and then district wide followed by a phone message after my son was seen being escorted and the entire conversations heard by non school officials because of the open doors and loud voices.

They sent out all of these emails and phone without ever having written documentation from a medical docotr confirming or stating the medical condition (That even a specialist I took him to said there was no reason for him not to be at school).

Then an article has been placed in the paper saying a child at this school had an illness and he has a sibling at another scool and named. Even the CDC says one case is not reportable yet thanks to the districts lack of care or concern for my sons rights to privacy it has continued on. Both my eldest and my youngest along with my family pointed out and put under severe emotional stress.


Asked on 3/09/11, 1:18 pm

1 Answer from Attorneys

Randall Brett Law Office of Randall P. Brett

Your children may have claims against the school/District for violations of state and federal laws regarding privacy, specifically HIPPA. They may also have a cause of action for negligent infliction of emotional distress and other torts. You would be bringing a suit on their behalf. Without a detailed review of the facts, the best I can suggest is that you meet with an attorney as soon as possible, as some of your claims may be time limited.

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Answered on 3/11/11, 3:45 pm


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