Martindale over at the Register has been working hard. This just posted:
A lawsuit that alleges school administrators failed to stop the "blatant and ongoing" bullying leading up to a 16-year-old student's suicide is a case of misplaced blame in the wake of a tragedy, the Capistrano Unified School District is arguing, with the school district neither legally nor morally responsible.
In court papers filed last week in Orange County Superior Court, attorney Daniel Spradlin said Capistrano Unified should not be held liable for student Daniel Mendez's death, which took place off school grounds and was, at most, an unintended consequence of employees exercising their professional discretion.
"Anytime a parent loses a child under any circumstances, it's a horrible thing," Spradlin said. "I understand and sympathize with the parents. However, this is a misplaced effort to say the school district is responsible. We're trying to respond in a way that acknowledges the loss of the parents, but also recognizes that legally the school district is not responsible for this occurrence."
-- Skip --
Spradlin, however, cites state law that says public employees, including educators, are not responsible for any injuries that may result from exercising their professional discretion in the course of performing their duties.
California Government Code Section 820.2 states: "Except as otherwise provided by statute, a public employee is not liable for an injury resulting from his act or omission where the act or omission was the result of the exercise of the discretion vested in him, whether or not such discretion be abused."
Here's the entire story.