Fayetteville student sues classmates over assault
Posted on Monday, March 10, 2008
A Fayetteville High School student and his mother filed a lawsuit seeking damages against students for an alleged assault and battery last year.
Billy Wolfe and Penney Wolfe filed the suit Thursday against Ian Teeters and other unnamed students listed as John Does.
The Wolfes allege that Billy Wolfe was assaulted on or around March 9, 2007, by Teeters as Wolfe tried to leave one of his classes at Woodland Junior High School.
They also allege that sometime in March 2007 students began attempting to solicit others to harm Wolfe using a Web page on Face- book. com. Bullying students online, known as cyberbullying, is a violation of school policy and state law.
Westbrook Doss, an attorney representing the Wolfes, said that students set up a Facebook page titled "Every One Hates Billy Wolfe."
"Facebook is a (Web site ) that connects people with friends and others who work, study and live around them. People use Facebook to keep up with friends, upload an unlimited number of photos, share links and videos and learn more about the people they meet," according to the Web site.
Doss provided the Times with copies of the Facebook pages showing comments from members identified as Fayetteville students.
"Haha (your ) Billy got clocked today at school and I think one or two of his teeth got knocked out damn my friends are awesome," an apparent student wrote on March 9, 2007. Doss said school officials apparently had a role in shutting down the Web page on Facebook. The lawsuit was filed to assure that Wolfe, now in the 10 th grade, is not subjected to further bullying, cyberbullying and assaults, Doss said. "This kid needs protecting, and it is not happening," Doss said.
Wolfe seeks damages for medical expenses, mutilation, impaired physical and mental abilities, pain and suffering, mental anguish, punitive damages, attorneys fees, court costs and other relief. Alan Wilbourn, public information officer for the Fayetteville Public Schools, said students can be punished - up to expulsion - for breaking school rules if an incident is witnessed. If laws have been violated, then the school reports the incident to the Fayetteville Police Department, he said.
Police Cpl. Craig Stout said an assault report was filed by the Wolfes in March 2007. The report was turned over to the juvenile prosecutor for the 4 th Judicial District.
Doss said the assault in March 2007 is not an isolated incident. There have been four to six incidents over a course of three to four years, he said.
He said they have a video recording of an incident in December when another student jumped out of a car and assaulted Wolfe while he was at the bus stop with his sister.
Wolfe was also harassed last year by students writing obscene and crude comments about him in junior high school textbooks, Doss said.
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