The mother of an alleged bullying victim who committed suicide is suing Hamilton Southeastern schools for wrongful death.
Jamarcus Bell committed suicide last October, shortly after enrolling as a freshman at Hamilton Southeastern High School. Bell's mother Natalie Moore is suing the school district, superintendent, and assistant principal of Fishers Junior High School for wrongful death, alleging that Hamilton Southeastern School failed to protect Jamarcus Bell from nearly constant harassment and bullying and for failing to utilize federal laws designed to help students suffering from mental disorders.
In the lawsuit Bell's mother Natalie Moore says that her son was bullied for years, and that he was also diagnosed with mental disorders like ADHD, Major Depressive Disorder and Oppositional Defiant Disorder. Jason Delk, the attorney for Natalie Moore, says despite meeting with administrators several times about her son's disabilities they decided to expel him from Fishers Junior High rather than use federal laws like No Child Left Behind and the Rehabiliation Act to help him.
"There are certain federal statutes as well as state statutes that say when children are confronted with these types of disorders and disabilities obviously the law is there to protect them," Delk said during a phone interview with Fox 59 News. "Hamilton Southeastern ignored their obligations in that regard and simply continued to basically throw him amongst the wolves."
After Jamarcus Bell was expelled from Fishers Junior High, Delk says he was allowed to return as a freshman at the high school last fall. That's when, according to his mother, the bullying began to escalate.
According to the lawsuit some of the bullying included:
"Constant harassment and verbal abuse by other students in the classrooms and hallways based upon his race and perceived homosexuality; he had pieces of metal thrown at him during welding class; he had his shoes stolen which forced him to spend him to spend half of a school day barefoot."
Despite making complaints and attending several meetings, Delk says administrators failed to take any action to protect Bell.
"Hamilton Southeastern frankly looked the other way and decided not to take any action," Delk said. "Many times (they) would simply blame Jamarcus and say, 'Well, it's his problem or it's his fault or he's not doing things that he should be doing and maybe is even bringing some of the bullying on by his own conduct.'"
A spokesperson for Hamilton Southeastern School District says they have not officially received notification of a lawsuit yet, so they issued no further comment.
Delk said the family knows the lawsuit won’t bring Bell back, but he said they are hoping it will bring accountability to Hamilton Southeastern and other school districts where bulling might continue.
"This is hopefully going to help legislation be enacted to stop this type of behavior from ongoing," Delk said, "and to make a severe, severe punishment to the school district and to others who engage in this type of wrongful conduct."
