Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

Monday, June 25, 2012

1983 Claim Dismissed Based Upon Student Being Bullied

Estate of Asher Brown v. Cypress Fairbanks Indep. Sch. Dist., ____F.Supp. 2d____(S.D. Tex. May 23, 2012), is an interesting case.  A federal court in Texas granted a school district’s motion dismissing a parent’s Section 1983 due process claim which alleged that through its failure to enforce anti-bullying policies at the student’s middle school, the school district failed to protect the student from harm, who ultimately committed suicide.

Law review commentary on this important issue would be most welcome.

Mitchell H. Rubinstein

Education Law, Law Review Ideas | Permalink


See, e.g., David Gröshöff, "Child Please - Stop the Anti-Queer School Bullycides: A Modest Proposal to Hoist Social Conservatives by Their Own God, Guns, and Gays Petard," 11 U. Md. L.J. Race, Religion, Gender, & Class 151, 164-165 (2012) [11 RRGC 151], at text accompanying notes 77-78 (re: Asher Brown in particular and passim for the problem overall and a proposed solution) (also available at

Posted by: anonymous | Jun 26, 2012 5:15:10 PM

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