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Ray, Lawyer
Category: Legal
Satisfied Customers: 42147
Experience:  30 years in civil, probate, real estate, elder law
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I have a daughter who is terminally ill with Cystic

Customer Question

I have a daughter who is terminally ill with Cystic Fibrosis, she is 11 years old and in 6th grade. A couple of weeks ago she was involved in an incident with a boy at school where he held her down by her throat and she was not allowed to see the nurse afterwards. Cystic Fibrosis affects her lungs and her breathing capacity. The school was fully aware of her condition and we have a 504 plan in effect. They have also denied her the things that her 504 plan affords her.
This week, she was denied a visit to the nurse when she complained to the band director that her chest hurt and that was having difficulty breathing.
Today, on the bus ride in to school, she was assaulted again by another boy that choked her! This time she was allowed to see the nurse but the nurse did not even check her Oxygen levels, she was just given a cursory visual examination of her neck.
When we requested to see the video footage from the bus, the camera was conveniently damaged from water damage or some such. Then the vice principal dared to say that Kyndal's mouth was getting her in trouble. I dont care what a little girl says, it does not afford anyone the right to put his hands on her and choke her! The Vice Principal also told us that we were more than welcome to withdraw Kyndal from their school.
Kyndal has NEVER had behavioral issues at school before. I am needing to know if I have some kind of legal recourse with this grossly negligent school.
Please help.
Submitted: 11 months ago.
Category: Legal
Expert:  Ray replied 11 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Customer: replied 11 months ago.
ok, thank you Ray
Expert:  Ray replied 11 months ago.

You may consider a suit here against the persons involved and the school district.You have a right to sue all for damages from the assault.You also need to take daughter to file a police report and complaint as this is assault here in Texas.You can do both is you choose. I am so sorry you have had to go through this.

The lawyer may take this contingent fee which means you don't pay until recovery.

Our state bar has lawyer referral for you and they cover the whole state.

I agree with you that there is no justification for such an assault on her regardless of what was said.I hope you pursue this.If your daughter were to decease you would open up probate so the funds can pass to you her parent.

I do appreciate the chance to help you today.Please let me know if you have more follow up.

Expert:  Ray replied 11 months ago.

In Texas, the elements for a case against a defendant for assault and battery are the same. Prosecutors must prove one of the following:

  • The defendant intentionally, knowingly or recklessly caused bodily injury to the victim;
  • The defendant intentionally or knowingly threatened the victim with imminent bodily injury; or
  • The defendant intentionally or knowingly caused physical contact with the victim when the defendant knew or should have reasonably believed that the victim would regard the contact as offensive or provocative.

The crime of assault may be elevated to the crime of aggravated assault in certain circumstances. Aggravated assault includes the same elements of the crime of assault, but it involves either the use or exhibition of a deadly weapon during the act of assault, or it can involve causing serious bodily injury to the victim.

Expert:  Ray replied 11 months ago.

I wish you both the best, ***** ***** this happened.Thanks again.

If you can rate 5 stars when we are done it is always much appreciated.

Customer: replied 11 months ago.
sorry it took me so long to respond, I was reading the information you gave. I am unsure about the first altercation i mentioned because in that situation she did defend herself and the school is claiming that she could also be charged if I pursued charges against the boy...
Expert:  Ray replied 11 months ago.

Well you may consider the last one at least.This is terrible and you may decide to pursue it, the school is always trying to sweep this stuff under the rug.

I will say a little prayer for the both of you on all of this.

Expert:  Ray replied 11 months ago.

Thanks again if you can rate 5 stars it is much appreciated.