do you think there is discrimination here?

Question

a caucasian student pushes a native american child and causes a broken leg needing surgery and the caucasian child doesn't get reprimanded because the principal said it was horseplaying even if the native american child said he wasn't even playing with the causcasian student. Then another incident when the native american child lets another child use his crutches while he is resting and the other caucasian child is only standing with them at his sides the principal takes the crutches away because she says the boys were using the crutches inappropiately she makes the native american child hop without any assistance to the office and the caucasian boys do not get reprimanded do you think there is racial discrimination here? And if there is do I have a lawsuit and which type of lawyer should I look for?

Answer 1

In order to make a claim of discrimination that would have any chance of working, you would need to be able to prove that the school has dealt with similar situations in the past, but has acted differently. For example, if the races were reversed in your question, and it was a Caucasian child that was injured and a Native American child who allegedly caused the injury, but the Native American child was reprimanded - THEN you have a cause of action.

In most jurisdictions the burden of proof, once you have set forth the different treatment of the races in similar fact situations, would be on the school to prove that they did NOT discriminate based on race.

I would contact your local ACLU chapter as a start.

Good luck.

Answer 2

Be careful about screaming Racial Discrimmination. Lots of Children play a little and some do get hurt. Maybe the Principal saw the Boys misusing those Crutches. Have you talked with the Principal or are you someone that is just to happy to file a Lawsuit? Why not go to a Lawyer and ask him .

Answer 3

Are you a wittness to this incident? If so why didn't you pick up the Native American child and carry he or she instead of watching He or She hop? Was it so you could yell discrimination? Someone needs to stand up for our children. I have the deepest respect for the American Indian and I hope everything gos fine with the child. I would look for a Lawyer that has a speciallity in discrimination cases to see if there is a case here. There more than likely isn't but if your determind......

Answer 4

In the first case . if no one comes forward to say they saw what happened then it is the word of one person against another.
If the principle knows that the child needs the crutches to walk then she should have given them back to the child to walk to her office with. So that could be construed as being insensitive to a needy person.It would still need the proof of other people near by to say what actually happened.To determine if there was an discrimination going on.
The second one would stand the best chance of at least a reprimand to the principle.

Answer 5

Ya know what that just figures.You know nothings gonna get done its worth a try. But i'd sure let the school board know and make sure you report it and make sure it gets put or at least noted on his/hers record.give a few other parents a call to see if anyone else is having problems too. I sure would like to have my kid in that school i'd be pissed big time. School board and the news is perfect revenge. Some of those people do care about that good luck!

Answer 6

If you get a good lawyer and this sort of thing is really exactly what's happening, the school should attempt to settle out-of-court.

Answer 7

definitely discrimination- check with the ACLU

Answer 8

she should get knocked out