Raleigh, NC asked in Family Law, Civil Litigation and Juvenile Law for North Carolina

Q: NORTH CAROLINA: Can we sue the parents of a 13 yr old who made gun threat at school towards our child 14, sheriff has

decided not valid threat after interviewing all parties, however our kid sees a therapist regularly for anxiety issues and this is greatly affecting him in both social and academic ways along with flare ups of anxiety over the threat (whether it was real or not, just because kid said he's sorry shouldn't matter) trying to resolve peaceably but also getting kickback from school administration (charter school), this other kid was not expelled

1 Lawyer Answer
Amanda Bowden Houser
Amanda Bowden Houser
Answered
  • Criminal Law Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: From your description - I'd say its already resolved. If you are considering suing or think expulsion is appropriate - odds are you aren't really trying to resolve things peaceably. These days law enforcement and school administrators take these kinds of things likely too seriously so it stands to reason that if the incident was investigated and nothing significant was done and the school administration is also not on your side, then there is likely nothing to sue over - (unless you can prove the investigators and administration are somehow biased toward the other kid). If your child needs therapy to properly cope with how others act and / or everyday life in general, then your efforts would likely be better served by focusing on helping your child deal with the real world. Because the real world is full of jerks and your child is just going to have to learn to properly deal with them - there is no feasible way to avoid that. Of course, placing blame elsewhere is also all the rage these days, so to be on the safe side and cover all your bases, consider consulting with a local attorney who can review your circumstances in more detail and lay out your options for you. Based on your description, I don't see a case and even if you did have a case, it is likely one that would be better for everyone, your child included, if it were not pursued thru the Court system. Best of luck.

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