Irvine family seeks lawsuit against school district after son's suicide

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I guess suicide is rampant in IUSD too.  :o


Irvine family seeks lawsuit against school district after son's suicide

July 30, 2015 Updated Aug. 1, 2015 6:00 p.m.

IRVINE ? As a high school freshman, Tyler Kirkland went online and posted messages about killing himself.

On the first day of his sophomore year at Irvine High School, after he was ?bullied and harassed throughout the entire school day, just as he was the previous school year,? 14-year-old Tyler left campus, locked himself in the bathroom at his grandparents? home and shot himself in the head, according to a court petition filed by his parents.

Darrell and Kristi Kirkland allege that their only son was driven to suicide on Sept. 2, 2014, after being subjected to ?intense verbal and physical bullying by his classmates,? according to the court documents. They allege the Irvine Unified School District did nothing to help their son, even as they pleaded with school personnel to intervene, the documents said.

In the July 22 petition, filed in Orange County Superior Court, the Kirklands are asking a judge to waive the six-month statute of limitations to allow them to sue Irvine Unified for monetary damages.

Spokeswoman Annie Brown said Thursday that the district does not comment on pending litigation.

On March 26, the family asked the district to allow them to submit a claim outside of the six-month period, which ended March 2. But in a letter dated April 15, the district denied the request.

The Kirklands argue in the petition that the district?s denial was ?improper? because the law allows a claim to be filed within a year if the person is a minor and has died. It also states that the delay stemmed from the couple?s struggle ?with intense feelings of grief and depression? after their son?s suicide.

The Kirklands allege that school personnel knew of the physical and emotional abuse Tyler was experiencing, yet failed to adequately supervise him and other students and to implement or enforce anti-bullying policies.

The harassment occurred during school hours and on campus, according to the petition. As time went on, the Kirklands ?observed their son?s well-being decline immeasurably as a result,? according to the petition.

The Irvine Police Department received calls about suicidal messages Tyler posted online in February of 2014 and notified Irvine High administrators, according to the documents.

?Unfortunately, despite their assurances, the administrators failed to provide any meaningful intervention,? the petition states.

When he entered high school, Tyler was ?a normal, well-adjusted freshman,? said attorney Jonati Yedidsion, who is representing the family.

Two days after his death, students at Irvine high schools donned blue and white in his memory.

A hearing on the petition is set for Sept. 30.

It?s not the first time that parents in Orange County have sought restitution from a school district after a child?s suicide.

In 2009, the parents of a San Clemente High School sophomore who killed himself filed a wrongful-death lawsuit against the Capistrano Unified School District. Daniel Mendez, 16, was found May 1 of that year in a neighborhood near his San Clemente home, dead from a self-inflicted gunshot wound to the head.

That lawsuit alleged that administrators failed to stop ?blatant and ongoing? bullying leading up to his suicide. The family later amended the lawsuit to include the names of students who they said bullied their son.

Confidential settlements were reached with some of the teens. The lawsuit naming the district ended in a settlement in which the Mendez family agreed to drop the district from its lawsuit and the district agreed not to pursue reimbursement for its legal fees.
 
Never heard this story before but saw this website:http://purpleways.com/2014/09/12/in-memory-of-tyler-kirkland/

This is such a sad story, seeing his last texts to his mom and dad really got to me.  Guys, this could be any of our kids.  We need to teach our kids not to treat their classmates like this and better yet stand up to those who do.

Normally I'd say these kind of lawsuits are frivolous and without merit but I hope the judge lets this one go through... It might be the only way to get the school to listen. 

There's no way they can do away with this entirely but I'm sure there are a lot more things they can do to build awareness and have better reporting systems and action plans.

In the 50's, this was just kids being kids - but when it gets to this level, it's time to change your policies.
 
you know how you stop this - true detective style. A kid picks on your kid, you go to the kids house and whoop the dads ass. then it will stop.
 
Public school teachers and administrators won't do anything because it takes effort.  Suing the district won't change things.  Change the law to allow direct claims against teachers and staff with no school district indemnity, now THAT will get the school's attention pretty quickly.
 
Schools do very little about this and looks like they still don't. I actually hope more of these will come up so it can wake them up to whats going on.
 
Is there student outcry about this? If they will don blue-and-white to honor him, where are the kids who bullied him? Why aren't these kids being identified and blamed for what happened by other kids?

Peer pressure is probably more powerful than beating up their dad because their dad isn't at school to stop them. If the other kids know who bullied him, they should be reporting them. Bullies won't bully if the numbers are against them. I realize this is hard in high school but that's where the administration should get involved. There should be some type of focus group that requires student participation from every school org (sports, drama, band etc) to help minimize this behavior.
 
qwerty said:
you know how you stop this - true detective style. A kid picks on your kid, you go to the kids house and whoop the dads ass. then it will stop.
If something like this happened to me, I would deliver justice, as that term was used by Don Corleone and Charles Bronson, on the bullies, their parents, and the teachers who ignored the bullies.
 
irvinehomeowner said:
Is there student outcry about this? If they will don blue-and-white to honor him, where are the kids who bullied him? Why aren't these kids being identified and blamed for what happened by other kids?

Maybe everyone on TI should wear blue & white to honor LONL.  :o
 
The article in the first post forgot to mention Claas Stubbe, a uni high student who committed suicide in 2012 due to bullying. IUSD really should be held accountable for the welfare of the kids. It seems that all these pleads have fallen on deaf ears.
 
It must start with the parents at home. If parents model respectful behavior, then the students will do the same.

Teachers truly do their best in most situations, but oftentimes on any occasion where a parent disagrees with the way a teacher has disciplined their child it is the administrator who will force/encourage the problem to go away. In the district's eyes, the easiest way get problems to disappear is forcing a teacher to remove any discipline/consequence. This is why it starts with parenting and we all need to step up and model the correct behavior to our kids.
 
It's the dark side of social media.  You used to be able to walk away from bullying.  The weekend, after school, if you didn't socialize with them you were safe.  Now it's 24x7 and often follows the kids even when they change schools.
 
True. Bullying doesn't have to be physical to cause issues.

The parents should shoulder at least half if not more of the responsibilities as well. Some parents, myself included, sometimes feel entitled to blame the school for everything because that was the easiest way to get away from a problematic situation. Parents should understand their children's temperament better and guide them to anticipate bullying and try various ways to handle the situation.

The school police should certainly be alerted when the situation becomes a concern. Police officers can impose a no-contact notice onto involved parties that will effectively stop direct bullying via social media. Most parents don't even know about this.
 
Happiness said:
Public school teachers and administrators won't do anything because it takes effort.  Suing the district won't change things.  Change the law to allow direct claims against teachers and staff with no school district indemnity, now THAT will get the school's attention pretty quickly.

Why would anyone in their right mind want to be a teacher? To be responsible for proxy-parenting bullies, an emotional provider, and oh, be judged on your ability to teach kids (in IUSD) to be in the top percentiles...that's an impossible order. Oh, and the starting salary won't do much to help you buy a home in Irvine.

Can't just blame the teachers or the school. This is a community tragedy.
 
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