In a new court filing, the Marion County School Board argues it cannot be held liable for a teacher’s alleged bullying that parents say led to their son’s 2023 suicide, noting that the suicide occurred at the family’s home and not at school, and that it involved “intentional acts” by an employee for which the board cannot be held liable.
Attorneys representing the school board filed the motion to dismiss in the Fifth Judicial Circuit Court of Marion County on Tuesday, July 1.
The motion was filed in response to a lawsuit from Tyka and Louis Johnson on behalf of their late son, Louis Johnson III.
In its filing, the school board states that the complaint fails to establish a valid “legal duty” or a direct link between the district’s actions and Johnson’s death.
The motion argues that the board cannot be held vicariously liable for “alleged intentional acts” of employees, noting, “The School Board cannot be held liable for the intentional torts of its employees as a matter of law.”
The district also claims that no specific policy or practice created a dangerous condition that would justify liability under state law.
“Plaintiffs have failed to state a cause of action for wrongful death against the School Board,” reads a portion of the motion.
The motion further contends that the allegations lack sufficient factual support to demonstrate “deliberate indifference” by the district. It concludes that the parents’ claims do not meet the legal standards required and asks the court to dismiss the case entirely.
“The complaint does not allege a policy or custom that was the moving force behind the alleged constitutional violation,” reads the motion.
In June, attorneys amended the original complaint to address a scrivener’s error that incorrectly identified the responsible teacher as “Donna Marie White.” The amended complaint simplifies the name of the employee to “Ms. White.”
According to his parents, Johnson III was a fifth grade student at Legacy Elementary School in Ocala, where he was “continuously, consistently and relentlessly publicly bullied” by Ms. White. The teacher allegedly publicly humiliated Johnson in front of other students, calling him “stupid” and recruiting other students to ridicule him.
The parents say the school and its administrators were aware of White’s behavior towards their son for at least three to four months prior to his death. The Johnsons claim they complained to school officials and attempted to get the Marion County School Board to intervene “to no avail.”
“Louis Johnson, III killed himself on April 27, 2023, after enduring months of bullying and public embarrassment caused by the defendant,” reads the complaint.
Johnson used a fire arm to kill himself. After the shooting, he was taken to the hospital, where he passed away two days later.
Johnson’s parents say their son was bullied to the degree that it created “such mental distress that it manifested itself into physical distress, including thoughts of suicide, anxiety, depression, sleeplessness, crying, nightmares, fear, anguish and embarrassment.”
The Johnsons claim their son “felt like there was no escaping the incessant and daily public humiliation bullying” by White.
The family is seeking in excess of $75,000 in damages, exclusive of “interests, costs, or attorneys’ fees.”
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