Shauntiana Stafford was a 17-year-old student at Flagler Palm Coast High School. She lived with her mother, Carissa Jackson, at Madison Green Apartments. On Jan. 9, 2019, she was Baker Acted after threatening to harm herself. Five days later, Stafford took her life at home.
Her mother claims Stafford had been bullied and harassed, and the school had not protected her. The district denies most of the allegations, or that school left her unprotected.
Thursday afternoon, Circuit Judge Terence Perkins will hold a brief status hearing on a wrongful death lawsuit Jackson filed at the end of August. Damages sought exceed $30,000.
Bullying issues are familiar concerns that frequently are discussed publicly in school board and other school-related meetings, but because of very strict confidentiality laws controlling student records, the discussions are almost always general, reactive to anecdotal issues or veiled claims that cannot be discussed in their specifics in the open, at least by school officials. At times parents and students are more forthcoming with details.
But a lawsuit alleging the wrongful death of a student from suicide–seemingly the first such in recent decades in Flagler–opens a rare window into bullying issues from the inside, potentially revealing in detail the psychological and mental context of a student in the weeks and months leading up to her death, her relationship with school staffers, and the district’s responses in all its intricacies (or lack thereof): matters of privacy that would have prevailed when a student is attending a school are lifted in court proceedings. The suit also implicitly compels a question from both sides, especially since the death did not take place on the FPC campus: where do school supervisory responsibilities end regarding a student’s psychological well-being in an environment of immersive social media and permeable boundaries between home and school?
That’s assuming the case goes to trial and a jury hears the two sides trying to convince its members of the more persuasive answer. Such civil suits rarely do, ending either in dismissals or out-of-court settlements along the way.
Stafford, the suit claims, “was bullied, tormented, and harassed on numerous occasions by fellow students,” the bullying alleging including constant insults about her appearance, “mocking her in front of her peers, pushing and kicking her, and other similar acts, including bullying via the use of social media and or electronic applications of devices.” Stafford and her mother reported her teachers, the principal (at the time the school was led by Bob Wallace, whose tenure lasted just that year), other administrators and authorities.
The suit claims none of her teachers took any action to stop or address the bullying and failed to investigate, report or document it, take steps to establish what effect the bullying was having or take steps to lessen the bullying. The suit lists six alleged failings on the district’s part, such as failing to expel or discipline Stafford’s tormentors. Stafford reported that even after informing school staff of the problem, the bullying continued and “increased in intensity resulting in an increased and additional impact on” her, “leading to her eventual suicide and death.”
The district has admitted that “some instances of alleged bullying and harassment were reported to the school district,” but it denies negligence or that it failed to meet its responsibilities toward Stafford. It also denies outright that she was bullied throughout the school year “on numerous occasions,” that she was physically attacked or vilified, including on social media.
The district in its answers admits that “the School Board had a duty of reasonable supervision to Shauntiana A. Stafford and other students while at school during school hours or at school sponsored activities,” but denies breaching that responsibility. The district denies that teachers and other staffers had neglected taking any action, and it rejects all six of the claim’s outlined failings. In its answer, the district is laying down a clear marker between what happens at school or at activities within the school’s purview and what happens beyond those, and at home, suggesting at least one line of defense: Stafford’s suicide at home was not the school’s doing. It does so explicitly, bluntly blaming Jackson for her daughter’s death. Put another way: “The School Board did not have a duty to Shauntiana A. Stafford to supervise all of her movements at all of the times.”
Court pleadings don’t mince words or couch blame in diplomatic language. It is war by other means, though the wording is not that of the local school board attorney’s. The district is represented by its insurer’s attorneys at the Dell Graham law firm in Gainesville. Jackson is represented by Morgan and Morgan, the Orlando law firm.
Providing a defense in the usual arid, impersonal language of court pleadings, the district argues that “The injuries and damages alleged to be suffered by [Stafford or her mother] were caused by persons and/or entities over whom [the school district] had no control or duty to control.” The discovery process, the district argues, may bring forward some of the people who bear that responsibility.” Since Jackson is suing on behalf of her daughter, she is the plaintiff. To that extent, the district’s answer blames her: At the time and place of the suicide, “Plaintiff herself was negligent,” the district argues. “Such negligence was either the sole legal cause or was a contributing cause of the action and injury and damages claimed” by Jackson.
Other defenses by the district seek to limit the damages incurred through allowable splits in civil court. For example, it’s possible for the jury to assign a percentage of the blame to the district, and the rest elsewhere. Damages would be awarded accordingly. That defense implicitly concedes that some responsibility lies with the district, though its claim of “sovereign immunity” (the doctrine that limits the extent to which public entities can be sued) further mitigates the damages sought, as the district sees it.
The long list of documents the district is seeking offers another glimpse at its possible strategy. Those include all medical records of the five years preceding Stafford’s death, including counseling records–not only hers, but also those of family members, Jackson’s included, along with Stafford’s cell phone records and all electronic devices she used. Many of the requested records may no longer be available, like the history of text and other similar-type messages Stafford exchanged with people.
The case is still in its early stages: none of the people who are expected to testify at trial, if it goes that far, have yet been deposed, and neither side has yet produced more than a handful of documents requested by each, though the documents that have been made part of the court file so far include Stafford’s diary. The last entry in the journal is reportedly of her telling her mom to help other people and not let what happened to her happen to anyone else.
Anonymous says
Once again a school district pointing the finger instead of taking partial responsibility for not doing their job. Smh
Mary Fusco says
What exactly is the school district’s job. I would think it would be teaching children. Instead, districts are put in the position of feeding, babysitting, counseling, etc. When are parents going to do their job? Most bullies come from parents who are also bullies. When are schools going to grow a set and throw these bullies out of school? Back in the stone age when my kids went to school and there was a bullying problem, kids were automatically out of school until the problem was solved. There was no negotiating or Morgan and Morgan. When my daughter was in elementary school, she back talked to the bus driver. She was put off of the bus for a month. I had to drive her and pick her up. Believe me, she never did it again. Time to bring discipline to the home as well as the schools.
Mother says
I wasn’t to defend my name ! I really didn’t want to read this but for the record I was a mom frist my child was not bad or even the littlest of disrespectful to anyone. She was sweet kind and gentle! I didn’t ask people to call her a Nigga are tell her she was not smart enough to make it or even tell her she was never going to make it. But yes, bullying starts at home. I was bullied when I was young and I taught my children respect first but when you can only talk to the assistant Principal there’s not really much you can do. So for you to comment in the way that you have, it’s uncalled for until you know me myself and my family and all this caused to my son who only has one sibling. I suggest you watch what you say. I would go on but it would be a waste of my breath because obviously nobody seen fit to have a sit down with parents and talk to their students that were harassing her in school. So until you were in my shoes I suggest you come talk to me first before posting negative on my child who is not longer on this earth, first due to the logistics of a poor school system.
Paige Gambaro says
I am so sorry for your loss.
Resident says
I am so glad someone is finally taking action against how this school system handles bullying. Long story short we had a family member being harrassed several years ago. After taking it to school authorities and the sheriff’s office (who were the biggest help), the stress was too much on the teen and they moved to another state, where this did not happen. I do realize everyone is not able to move away. I am terribly sorry for this mother and I pray she gets justice for her daughter.
John says
I’m sorry for your loss but I’m sorry to ruin it by saying it’s not the schools fault she killed herself, you go find out however you can on the kids that did it and charge them. The logic in suing Flagler Schools for ‘not protecting your child’ is as smart as suing Gorilla Glue for putting it in your hair. Yes that goes together cause I’m gonna say it, I bet you it wasn’t bullying on campus, it was either off campus or cyber bullying, and she didn’t say a word. Also this school district isn’t gonna teach our teachers body language, cause everyone’s is different in situations so they’re not in the wrong. Go find the kid or kids that bullied her and charge the kids and sue the family (ies) before blaming the school. Also sorry but that’s also pretty bad parenting if you don’t comprehend the tried once, maybe you should keep lethal things away from her when she’s alone. But nope it’s only the schools fault cause you didn’t actually protect your suicidal child.
Mother says
Wrong answer
Alexis says
The school is SUPPOSED to put an end to bullying and hold those accountable. The problem is mindsets similar to yours. “not the schools problem, its the parents”. You are part of the problem. The child spends a large portion of their time at school. Therefore, the school is responsible for the child and their wellbeing. You should try to put yourself in the mother’s shoes as well as a young child being bullied shoes before speaking.
Flatsflyer says
Morgan and Morgan do not take cases they think they could loose. A settlement will be firth coming, Flagler taxpayers will have to dig deep into their pockets for this one.
A.j says
I guess it is o.k. for Whites to file, but African Americans just have to take anything negative and don’t fight back. Jim Crowe again.
ASF says
Morgan & Morgan is taking a chance with this one. One of the listed beneficiaries of the lawsuit filed by the family is the natural father who is listed as Blaine Stafford. According to Volusia Count records, he was booked by Volusia County in November 2020 for Fleeing and Eluding, Possession of Cocaine and Sale and Possession with Intent to Sell within 1000 feet of a Child Daycare/School.
Morgan and Morgan better hope that Mom can document full compliance with whatever she and and the father were tasked to do on their troubled child’s behalf. If they can’t, my bet will be that they are hoping for a quick settlement because they might have a tough road to hoe with either a Judge or Jury trial, trying to prove that they, themselves, were not at least partially responsible for this young person’s troubled state.
Richard Smith says
Of course never a parent fault. Its all about how much $$$ you can get…
A.j says
John can u b a little more sensitive about the situation. She lost her daughter. I think she is in pain. An African young lady dead. If she was Anglo-Saxon Causion, would you feel the same way? The school might not be at fault but please be sensitive about that Mothers loss. I believe you are White based on your response. You might not be White but please consider her feelings. All of you. I am glad she filed suit, &I hope she will win. White file suit all the time, what is said about that, probably nothing, because they are white and do anything they want to. African Americans can’t do nothing without being criticized about anything we do by the White People.
Francheaca says
It’s not the parents fault . My kids was friends with this young girl and she was a sweet young lady . She was bullied and called names for no reason . Girls would push her into lockers and she would be called Nigga by white girls and more . I am a mom who make a complaint with fpc high school daily . Two years ago my daughter was almost raped in the library at fpc . She was a student aid and did work in the library. That school failed to protect her and blamed her for being choked by a boy that was twice her size and for him taking her cell phone to keep her from calling for help . He tried to force himself on my daughter and the school did nothing and didn’t notify us . Our daughter told us and a teacher . Fpc high school doesn’t do anything about the bullies at that school . They make excuses for the bullies . I teach my kids to avoid getting into fights and to keep to themselves. I tell them to report everything to the deans and the deans tell them good job and do nothing . It’s wrong to say it starts at home . No , it starts at school with these adults that’s responsible for our kids and mental health of daily harassment and bullying they’re doing nothing about . If a school can have your kids sign off on paperwork before notifying the parent to play clean up to make sure they don’t face no kind of lawsuit from negligence. The school is responsible for the safety of these kids . There’s no consequences for racist kids or bullies at that school black and white . But, when these kids take there own life’s feom daily bullying ,harassment it’s the parents fault . Fpc has cameras all over the school and still don’t see anything . I have gotten plenty of no contact orders in school and the other student breach the contract and suffers no hardship for there actions. Flagler county stay dropping the ball when it comes to bullies and harassment. Why does it have to take for a child to become a school shooter or to kill themselves for someone or teachers to stand up . I’ll never know what truly goes on with my kids once they walk out the door and no parent will when it comes to our kids being called names, being hit , being harassed everyday and not being heard by the adults that suppose to give a flying pig about there safety because there kids and no matter how much we leave a open door for kids to come to us they don’t when it comes to certain things because they feel we will never understand what they are going through. These teachers,deans , principals are responsible for our kids 8 hours out of the day . Meaning we in trust our kids in there care to protect them . It’s there job and the position they decided to take on . It’s sad how this young lady was mentally broken to the point of taking her own life and to feel like no one would listen or help stop the mental and physical abuse she facing everyday . No student or child black or whit or of any color shouldn’t have to wake up and prepare to be bullied everyday . So, as some of you perfect so called parents think your kid ain’t doing that ? You’re wrong . These kids wake up preparing for a daily battle at a place they should be focusing on receiving a education at not how to survive being broken down to nothing . I blame the school board for dropping the ball and For telling these kids if they stand up for themselves they’ll be suspended. If, you fight back a person that hurting you . You will be suspended. Let your bully beat the crap out of you and we will suspend them for three days and they’ll come back harder with harassment. SMH 🤦♀️