Running Head: Tort and Liability 1

Artifact 3:

Tort and Liability

Simone Smith

College of Southern Nevada

Tort and Liability 2
Abstract

Ray Knight was a middle school student who was shot visiting a friend’s house during

school hours. Ray’s parents were unaware that he was suspended from his school for 3 days for

unexcused absences. The school only sent a notice home with Ray, who threw it away. The

school districts procedures required a telephone notification and a prompt written notice by mail

to his parents. Ray’s parents are pursuing liability charges against the school officials.

You bring your children to school expecting them to be safe and learning, waiting for you

to come home and share details about their day, unfortunately for some parents they do not get to

meet their kids at home. In Rodriguez v. Inglewood Unified School District (1986) 186

Cal.App.3d 707, Rodriguez was stabbed on campus. The assailant was a nonstudent third party.

The school knew the long acts of violence and failed to provide adequate security and protection.

Failing to provide protection against acts of violence is a liability against the school. Rodriguez

parents filed a suit and won but with only partial of his claims were met. Immunity is the third

prong in a governmental tort action analysis, but need not be reached where the cause of action

fails for want of statutory liability.

As for Michael Hoyem, he case did not turn out to well. Hoyem v. Manhattan Beach

City School District, 22 Cal.3d 508, Michael a 10-year-old minor left school in the middle of the

day. He left on his own free will before class was dismissed and got struck by a motorcycle ad

was seriously injured. Michael mother, Mary Ann Hoyem, filed a suit claiming the school failed

to protect her son as an act of negligence. This case was won by the school because Michael left

school on his own free will and in order to protect the student from negligent acts of third parties
Tort and Liability 3
that might occur off the school grounds. There was no way to fully protect Michael when he

defies the rules and leaves.

The school should protect the children as part of the fourteenth amendment. They are

supposed to protect everyone in any way they can, as for Shawn Wyke he was not protected.

Wyke was a 13-year-old boy who committed suicide, Wyke v. Polk County School Bd., 898 F.

Supp. 852 (M.D. Fla. 1995). Though it was not on school grounds, he did try to commit suicide

twice at school. The school officials were somewhat aware and suggested that he needed

counseling. The school failed to hold Shawn in protective custody or provide counseling

services. Both the school and Shawn’s grandmother were both aware that he had emotional and

behavioral problems. Both officials and Shawn’s grandmother failed at protecting the boy. This

case was won by Shawn’s father but only won some of the claims filed.

It is very easy to see and notice when a kid is being teased and bullying around campus.

In the case, Walsh v. Tehachapi Unified School Dist., 827 F. Supp. 2d 1107 - Dist. Court, ED

California 2011, Walsh committed suicide after being bullying, threated and assaulted during

school. Walsh came out the closet and told the school he was a homosexual, gay. Kids were

making fun of him and more, even the teachers and staff were making bets on him. This not a

way a school should deal with bullying, he should have been protected by the school officials.

Instead he went home and hung himself from his tree in the backyard with a note. Mrs. Walsh

filed a suit and only won some claims against the school. Either way it was a tragic end to this

story.

Every student should be protected and in school, they just need to beware of the rules

and standards. The school officials failed to notify the parents of Ray Knight and his death could
Tort and Liability 4
have been prevented if the school tried harder. Just like the case Rodriguez v. Inglewood Unified

School District (1986) 186 Cal.App.3d 707, this is the same scenario but in reverse locations.

Since the boy was sent home by the officials without the parents knowing then the school should

be responsible for the boy ending up deceased.

Reference Page

Rodriguez v. Inglewood Unified School District. (2017) Retrieved from

http://caselaw.findlaw.com/ca-court-of-appeal/1841410.html

Hoyem v. Manhattan Beach City School District. (2017) Retrieved from

http://caselaw.findlaw.com/ca-court-of-appeal/1830843.html

Wyke v. Polk County School Bd. (2017) Retrieved from http://caselaw.findlaw.com/us-

11th-circuit/1074769.html

Walsh v. Tehachapi Unified School Dist., 827 F. Supp. 2d 1107 - Dist. Court, ED

California 201. (2011) Retrieved from

https://scholar.google.com/scholar_case?case=1050458224672119698&q=WALSH+V.+TEHA

CHAPI+UNIFIED+SCH.+DIST.&hl=en&as_sdt=6,29&as_vis=1