The family of a Coronado Middle School seventh-grader who died by suicide has sued Coronado Unified School District, saying the school failed to protect him from “persistent and severe bullying” and ignored the serious impacts on his mental health.
Gabriel Palacios, 13, had long faced bullying because of his disabilities, including ADHD, Tourette’s syndrome and obsessive-compulsive disorder — bullying that had gone unaddressed for so long that his family was pursuing transferring him to a private school, his family says.
But their lawsuit describes worsening harassment and what it says was unfair discipline in the two months leading up to his April 12 death.
According to the family’s lawsuit, early this year the boy inadvertently uploaded an image or video of himself exposing himself to his Snapchat connections, one of whom saved it.
The next day Gabriel told his parents, Felipe and Orsolya Palacios, who called the school and the police. A criminal investigation ensued, and the bullying escalated, the lawsuit says.
Palacios’ mother met with the vice principal, and the lawsuit alleges that the vice principal met with the students suspected of possession and distribution of the upload. The students denied knowing anything about it, and the vice principal said she believed them, the suit says.
“No meaningful steps were taken by CUSD to stop the harassment, confiscate electronic devices, conduct thorough interviews, or otherwise address the serious matter of child pornography distribution among students,” the lawsuit says.
“Meanwhile, the bullying Gabriel faced at school intensified to unbearable levels,” it adds.
He began visiting the school counselor more often and eating lunch in her office to avoid his bullies, “yet no effective protective measures were implemented,” his family says.
The lawsuit alleges that school administrators also subjected Gabriel to unjust discipline, including by suspending him for weapon possession after he brought a bottle opener to a school dance.
Meanwhile, the family says, they told officials at meetings concerning the boy’s individualized education plan, or IEP, that he was struggling and his mental health was deteriorating.
On April 10, four days after his parents left him in the care of a family friend while on a work trip, Gabriel did not have his usual aide with him at school, and no replacement was assigned, in violation of his IEP, according to the lawsuit.
He went to the school counselor and nurse that day, complaining of feeling sick, before being picked up by the family friend.
That night, he attempted to take his own life. He died at a hospital two days later.
“Gabriel’s suicide was the direct and foreseeable result of the severe, persistent, and unaddressed bullying and harassment he endured at CMS, the school’s deliberate indifference to his suffering, the distribution of child pornography involving Gabriel on school grounds, CUSD’s failure to protect Gabriel despite repeated warnings and complaints and CUSD’s pattern of hostility and unjust discipline toward Gabriel because of his disabilities,” the lawsuit alleges. “CUSD had actual knowledge of the substantial risk of harm to Gabriel and consciously disregarded that risk.”
Orsolya Palacios said in a Tuesday news release that the school had done nothing after her son’s bullying worsened. “We trusted that Gabriel’s school would take care of him and ensure his safety,” she said.
In an interview, the family’s lawyer James Carraway said the school should have used Gabriel’s IEP as a framework to help him.
“Legally, there’s guardrails and systems in place to help these more vulnerable children like Gabriel,” he said. Instead, it seemed Gabriel was “brushed to the side.”
“Schools can step in and stop things like this, and there was no reason Gabriel had to get to the point where he felt he needed to take his own life if the school district had stepped up and appropriately investigated,” he said.
Along with the school district, the suit also lists as defendants unnamed students it says bullied Gabriel, as well as their parents. It asks for punitive and exemplary damages against them.
A spokesperson for the district declined to comment, instead referring to a statement it issued Sept. 25.
In that statement, made after denying the family’s tort claim in a specially-called board meeting, district officials said they were deeply saddened by Gabriel’s death and had offered his family support and condolences. It also said that based on its ongoing investigation, the facts did not support the claims.
“There are statements in the claim based on misinformation,” the statement read. “While the district cannot comment on details of the misinformation outside of the legal process, the district will fully defend itself and its staff against the claims made.”
If you or someone you know is struggling with feelings of depression or suicidal thoughts, the 988 Suicide & Crisis Lifeline offers free, round-the-clock support, information and resources for help. Call or text the lifeline at 988, or see the 988lifeline.org website, where chat is available.