Boy Assaulted by Wrestlers Was Himself To Blame, Adults in Charge Say
School District and Wrestling Club in Answer to Lawsuit
So about that kid that was held down by four Clay High wrestlers, the ones that ripped open his pants and threatened him with penile amputation via hacksaw: That kid actually has himself to blame for the attack.
That’s what the Clay County School District and Green Cove Springs Wrestling Club are telling the judge in the lawsuit filed by the boy’s parents. You see his parents hadn’t yet returned the signed paperwork that would have allowed their son to wrestle, so he had no business being in the room where he was assaulted.
That sounds bad—blaming the victim—but it’s really standard stuff in American courtrooms.
Lawsuit defenses can be pretty formulaic. An old attorney friend used the example of a "three-dog defense” in a bite case. Here’s how it applies in this local court action.
There is no dog. (The defendants deny the attack happened.)
If there is a dog that bit, it isn’t our dog. (The defendants are not responsible for bad behavior by the wrestlers.)
If there is a dog that bit, and the dog is ours, the bite didn’t really hurt. (As defendants in the case are saying about the injuries and trauma alleged in the lawsuit.)
Wrestling club lawyers have seen fit to introduce a fourth dog, effectively arguing that our bite victim should be blamed for being in a place where there was also a dog.
Here is a lawyer for the wrestling club explaining in lawyer-ese why his client shouldn’t be blamed.
The plaintiff was guilty of negligence and/or assumed the risk which proximately caused or proximately contributed to any injuries or damages which the plaintiff sustained, and therefore, any award to which the plaintiff may be entitled should be either barred or reduced proportionately…Plaintiff had been informed that he was not permitted to participate in wrestling activities prior to the incident…as he did not have the required permissions paperwork.
‘Penis’ Blacked Out
A recent reexamination of the parent’s lawsuit, which was filed in April, revealed an interesting redaction that apparently happened since then.
Here is the missing text: “At said place and time, one of the four male students brandished a hacksaw and threatened to cut off (plaintiff’s) penis.”
$100,000 Minimum
The family is seeking at least $100,000 in damages, but their Jacksonville lawyer, John Phillips, suggested that the figure should be considered a starting point for a final amount determined by the jury after hearing the evidence.
Phillips accused the school district and the club of “fostering a culture within the wrestling club that allowed for, did not prevent, and/or failed to redress and stop systemic hazing and/or assaults.”
So because of the lack of a permission slip, it was okay to assault someone? Tell that to their sisters and/or daughter's or any girl who gets raped at a party where the parents weren't home and didn't give that young woman permission to be in their house while they were out! Shame on those four boys and shame on any adult who is condoning their behavior. This is inexcusable!
All children should be safe at school and school-sanctioned activities. This young man was not safe. It appears that a somewhat approved "gang" assaulted him. In my opinion, a paper not being signed should not release the adults in charge.