N.J. Schools Sued Over Bullying Can Sue Pupils Responsible, Judge Says

, New Jersey Law Journal


A school district that is sued under New Jersey's strict anti-bullying law may bring contribution claims against the students accused of harassing the plaintiff, a judge has ruled in a case of first impression.

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What's being said

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    To be clear w/respect to my immediately preceding quote: the fact that the extent of an injury might appear to be minimal to you has no bearing on the fact that an injury did in fact occur, particularly if physical contact was involved. The nature and extent of the injury might be relevant to the appropriate level of compensatory damages, but not to the cause of action itself.

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    I love it when people who have no legal training or concept of the law post comments about things. Try reading NJ‘s harassment statute: NSJA 2C:33-4.

    2C:33-4. Harassment.

    Except as provided in subsection e., a person commits a petty disorderly persons offense if, with purpose to harass another, he:

    a.Makes, or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm;

    b.Subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or

    c.Engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person.
    Every one of the actions committed by the bullies qualifies under one of those provisions. Next time do a little research before posting your "expert" commentary.

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    Uhhh...a legitimate Tort requires that there must be an injury, for a valid case. His feelings were hurt because he was teased about being overweight, and possibly homosexual? They threw spaghetti at him? Does that really rise to the level required for a legitimate injury? When I was a kid, I used to hit the other kids with my wooden shoes, and they would throw bricks at my head. I wonder who I can sue?

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    This judge is awesome and decision is legally sound. The law must protect the innocent and bullied. Often complaints by people who are being bullied are not taken serious and gathering evidence is difficult. But long-standing bullying can have serious damaging effect on individuals and courts have duty to intervene when possible. My own opinion! WA

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