BR Evard Bullying Lawsuit
BR Evard Bullying Lawsuit
BR Evard Bullying Lawsuit
Plaintiff,
v. Case No.:
SCHOOL BOARD OF
BREVARD COUNTY, FLORIDA. JURY TRIAL DEMANDED
Defendant.
_________________________/
under the Fourth and Fourteenth Amendments to the United States Constitution.
Middle District of Florida pursuant to Middle District Local Rule 1.04(b), as the
Orlando Division encompasses the counties having the greatest nexus with the
PARTIES
3. Plaintiff Marc Anthony Conover is a citizen of the United States and a resident
of Brevard County, Florida where the events giving rise to this action occurred. He
is the parent and legal guardian of the minor A.C., a female student. At all material
times, A.C. was a 7th grade student at Edgewood Jr./Sr. High School, governed by
corporate body organized under the constitution and the laws of the State of
FACTUAL ALLEGATIONS
5. Beginning in October 2023 and continuing through the present time, A.C. has
been the victim of constant and harassing bullying from a particular student known
to defendant. This included sexual assault and inappropriate sexual comments and
overtures. Defendant has been aware of this other student’s propensity for such
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conduct but has failed to take corrective action to protect A.C. and other female
students.
6. Despite repeated requests to the faculty and administration to address the issue
of targeted bullying against A.C. and the accompanying sexual assault, the conduct
protect A.C.’s constitutional rights and her rights as a protected class member
level of reckless indifference to her rights and, when combined with other
documented incidents of the sexual assault against other female students, forms a
7. The indifference of Defendant has created a situation where A.C.’s grades have
fallen due to the mental distress from the repeated conduct of the assailant. A.C.
reasonably fears for her safety as a result and has suffered permanent
psychological effects.
9. This count is against the Defendant ER and arises under 42 U.S.C. §1983.
10. The guaranties afforded by the Fourth Amendment to the Constitution of the
United States are protected by the due process clause of the Fourteenth
Amendment.
11. A student has a constitutional right to bodily privacy and safety. A.C.’s rights
12. In failing to prevent known bullying, Defendant acted under color of state law
and violated A.C.’s Fourth Amendment rights to privacy and ability to be safe in
her person. West v. Atkins, 487 U.S. 42, 49–50 (1988)(“It is firmly established that
a defendant in a § 1983 suit acts under color of state law when he abuses the
position given to him by the State. . . . generally, a public employee acts under
color of state law while acting in his official capacity or while exercising his
13. As a result of Defendant’s actions, Plaintiff A.C. has suffered mental anguish
and loss of capacity for the enjoyment of life, and other monetary damages. The
losses and expenses are permanent and continuing and she will suffer the losses in
the future.
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interest, costs, and attorney’s fees, pursuant to 42 U.S.C. § 1988, against Defendant
and such other and further relief as this Court deems appropriate.
15. A.C. is a female and member of a protected class pursuant to 42 U.S.C. 2000d.
16. Defendant has through its conduct as set forth above violated Title IX.
17. As a direct result of Defendant’s violations of Title IX, Plaintiff has been
psychological injuries.
fees and any other relief this court deems appropriate, including injunctive relief to
___John W. Dill
JOHN W. DILL, ESQUIRE
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