Case details

Bullying ignored at after-school activities, student claimed

SUMMARY

$15000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In 2017, plaintiff Madden Bilokosky, a 6-year-old boy, was allegedly bullied by several 9-year-old students while attending after-school program activities at Miller Elementary School, in San Diego, and the Murphy Canyon Youth Center, located on a naval base in San Diego. Madden’s mother, Courtney Bilokosky, acting as her son’s guardian ad litem, sued Miller Elementary School; the operator of the elementary school, the San Diego Unified School District; the Murphy Canyon Youth Center; the operator of the after-school activities, the Navy Region Southwest Child and Youth Program; and the operator of the center and afterschool program, the U.S. government. Bilokosky alleged that the defendants were negligent in their supervision of the children. Madden claimed that he was repeatedly cornered in the bathroom and gym of the elementary school and youth center, forcibly undressed, and touched and hit in the private area and face by the older children. He also claimed that the older children routinely beat him up, often bloodying his nose, and prevented him from receiving the snacks allotted to him. Madden’s counsel contended that as a result of the bullying incidents, Madden visited the school nurse 13 times in roughly two months, mostly regarding traumatic to the head and groin, all of which were documented. Counsel also contended that the supervision of children at the facilities was inadequate and that Madden reported the bullying to various supervising adults, but they failed to prevent further incidents., Madden claimed that he suffered from emotional distress as a result of the incidents. He sought professional counseling as a result of the bullying, and his parents spent $1,000 on this treatment. Madden claimed that he will need future counseling. Madden’s mother sought recovery for Madden’s past and future medical costs, and damages for Madden’s pain and suffering.
COURT
United States District Court, Southern District, San Diego, CA

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