Jury Finds in Favor of Principals in Md. Bullying Lawsuit

By Erica L. Green, The Baltimore Sun (MCT)

Baltimore

A Baltimore jury has found that two principals were not negligent in a $1.3 million lawsuit against the city school system brought by parents who had alleged their children were bullied and their complaints were ignored.

Jurors said that a lack of evidence presented by the family—in documentation, witnesses and testimony—led them to the unanimous decision that the system was not liable for the damages that parents said their son sustained during and after the alleged bullying.

"Evidence was lacking, and there were way too many holes," said Carl Armstrong, Juror No. 6. "Emotional-wise, they had us. But evidence-wise, they just didn't have it."

Edmund and Shawna Sullivan said that their son, who suffered a traumatic brain injury at the hands of an uncle when he was 13 weeks old, was bullied intensely and that officials ignored their complaints at Hazelwood and Glenmount elementary schools. The parents also alleged bullying of their now-14-year-old daughter at Hazelwood Elementary School.

"This is the system telling us: we're not responsible for your children," Edmund Sullivan said of the verdict. "We're not the only people who have gone through this. It really puts us all on notice. I feel betrayed that the school system can do this and get away with it."

Donna King, attorney for the Sullivans, said that in the end it was important to share the Sullivans' story, despite the fact that jurors said they didn't have enough evidence to believe all of it.

"This is a message to all parents to put everything in writing, take pictures, and not rely on the school system to do the right thing," King said.

The school system's attorney, Quinton Herbert, declined to comment.

However, the school system released a statement after the verdict Thursday.

"Our children must feel safe in and outside of school. This is a fundamental commitment and a shared responsibility for parents, schools and the community. Incidents of bullying pose a critical and complex challenge for our schools and for the larger community," the statement said.

"Today's verdict shows the jury's careful consideration and recognition of how complex the interactions between students can be, and how seriously our school leaders and teachers take their responsibilities to our children."

Jurors began deliberating late Wednesday evening, after attorneys for the alleged victims' families and the school system made closing arguments in the rare four-day trial that pitted parents against principals and exposed the medical and behavioral histories of a 10-year-old special-needs child.

On Wednesday, Circuit Judge W. Michael Pierson granted the district's motion to throw out nine of the 13 counts.

The counts dismissed included several that alleged the principals had intentionally and negligently misrepresented the incidents, and the school board had failed to maintain a safe educational environment and was negligent in its hiring and supervision.

The jury Thursday found in favor of the school system on four counts of negligence; each principal faced two counts.

After the verdict was read, Sidney Twiggs, principal of Hazelwood, broke down in tears. The principal took the stand Monday.

"All week," he said through sobs. "It's all God. God knew I was doing the right thing."

Charlotte Williams, who was principal of Glenmount Elementary during the year the special-needs boy attended second grade, declined to comment.

But it was Williams' testimony that the jury found credible and consistent.

Armstrong said that Williams' testimony had a "huge role" in the jury's decision.

"If it weren't for Ms. Williams, it may have been different," Armstrong said. "We thought Mr. Twiggs could have done more."

He said that jurors believed the boy was bullied at Hazelwood and carried the baggage to Glenmount. But the parents' lack of witnesses to the incidents, and the fact that they couldn't consistently recount names, dates, times and other details were damaging to their case.

In testimony Wednesday, Williams, who served 34 years in the city school system before retiring, described to jurors how her school, staff and parents were inundated with information about bullying, including the state-mandated reporting forms, and that she had done extensive training and independent research on the subject.

She also said that she was made aware of two incidents involving the special-needs student—which were substantiated by teachers and the students allegedly involved—and that as part of her investigation, she consulted with teachers and parents, as well as met with the roughly 10 students alleged to have been involved in either tripping, hitting or jumping the boy.

She said she met with all of the children to try and figure out what happened, and informed them all that their behavior was not appropriate.

Twiggs took the stand earlier in the trial, telling jurors that "bullying has become a buzz word," and that several violent incidents "may have been mentioned" by the Sullivans.