Any attorneys out there??

Please see my other question about school bully. I read online that harassment or bullying can be legally reported as a civil rights violation if it were taken to court and that any "retaliation" done by the school or it's administrators is illegal since schools must operate under fed and state laws. I keep finding sites that state legal action can be taken against the school or education authority, but what is it exactly that violates a person's civil rights??
As a last resort, if my neighbor hires an attorney and sues, can she only ask for a change of schools, travel compensation, and counseling fees for her child? (along with attorney's fees). (My neighbor doesn't want a monetary settlement if legal action must be taken.)The harassment is going on it's third school year and the child is suffering from extreme stress. She's even complaining of stomach aches in the morning. The child feels un-welcomed at school and no longer wants to attend. She's only 8yrs old.

Causes of Action

If a bullied, harassed, or threatened student or school employee seeks relief through litigation in the courts, several approaches are possible, and they are not mutually exclusive. The student (through her parents or caregivers) or the employee may assert one or more causes of action in one lawsuit. Injured parties may sue school districts or individuals within the district in their personal as well as official capacities, or all three simultaneously. Causes of action can include both civil and criminal suits alleging violations of constitutional rights, both state and federal; violations of rights guaranteed by state or federal statutes; or violations of common law duties, as when an aggrieved party alleges a tort such as negligence or intentional infliction of emotional distress.

I am not an attorney, but you could try Intentional Inflication of Emotional Distress. If the following apply:

1.An act of extreme & outrageous conduct. (Conduct that transcends all bounds of decency tolerated by society)

2.Intent that P suffers severe emotional distress or recklessness as to D conduct.

3.Causation (but for the D conduct the action would not occur)

4.Damages: Required. Must show severe emotional distress b/n necessarily injury.

Notes: If D knows that P is of a sensitive class (e.g. elderly, pregnant) and D exploits it, could be considered extreme and outrageous conduct. Courts are more likely to consider this IIED.

Notes regarding 3rd parties: Recovery is allowed when
1.3rd party is a close family member of Y.
2.D must be aware or should have reason to know of presence of 3rd party.

* When 3rd party is not a family member, recovery is allowed only when 3rd party suffers bodily harm or injury.

You may also try Negligent Inflication of Emotional Distress, in that case the intent only need be negligent not intentional.

now that is the most messed up and riduculous thing i heard off! no girl or boy should be bullied so badly that they dont even wish to attend that school anymore. i say that someones needs to settle tis problem so that the girl should get back to school and start making friends again. and especialy at such a young age something that horrible can scar that little girl for life.

Read this article: http://www.alumni.law.duke.edu/journals/...

i am not an atty but i have a friend who can help u get in contact with one her name is Debbi and she can be reached at 1-866-471-3782 or www.debbicarroll.com please tell her that mark referred you