Tyler Clementi's Parents Sue Rutgers Univ

http://www.mycentraljersey.com/article/20101221/NEWS/101221074/1017/NEWS04/Tyler+Clementi+s+parents+file+notice+of+intent+to+sue+Rutgers

NEW BRUNSWICK — The parents of Tyler Clementi have notified Rutgers University that they intend to sue over his suicide in September immediately after an alleged webcam broadcast of his intimate encounter with another man.

An attorney for Joseph and Jane Clementi of Ridgewood and Clementi's estate sent the university a notice of tort claim Friday.

The notice, filed by Westmont attorney Stephen DeFeo, contends the university failed to protect Clementi against “unlawful or otherwise improper acts perpetrated against” the Rutgers freshman.

“It appears Rutgers University failed to act, failed to put in place and/or failed to implement, and enforce policies and practices that would have prevented or deterred such acts, and that Rutgers failed to act timely and appropriately,” the notice reads.

It lists the damages as Clementi's pain and suffering and the parents' loss of companionship and support and their financial costs. The notice does not list a dollar amount claimed for those damages.

A notice of tort claim must be filed within 90 days of an event to preserve a right to sue. A claimant must wait six months to file suit.

E.J. Miranda, spokesman for Rutgers, said the university sympathizes with the family but bears no responsibility for Clementi's death.

“We at the university share the family's sense of loss of their son, who was a member of our community,” Miranda said. “We also recognize that a grieving family may question whether someone or some institution could somehow have responsibility for their son's death. While the university understands this reaction, the university is not responsible for Tyler Clementi's suicide.”

DeFeo's office said he was unavailable to take a call from a reporter.

DeFeo also filed a breach of contract claim, contending that Rutgers broke its agreement with Clementi by not preventing what happened to him.

Miranda said that claim was filed under the New Jersey Contractual Liability Act and that the statute is “not applicable to the university.”

Don't see how the university was liable if they weren't the one's who taped him.

Kral wrote:

GrayWolf wrote:Don't see how the university was liable if they weren't the one's who taped him.

From what I understand, the boy went to the admin office to report that his roommate was violating his privacy but they did nothing to help.

That's my understanding as well.

Kral wrote:

GrayWolf wrote:Don't see how the university was liable if they weren't the one's who taped him.

From what I understand, the boy went to the admin office to report that his roommate was violating his privacy but they did nothing to help.

Glad you posted that. I did not know he went to them for help.

RedBedroom wrote:

Kral wrote:

From what I understand, the boy went to the admin office to report that his roommate was violating his privacy but they did nothing to help.

Glad you posted that. I did not know he went to them for help.

Neither did I. If that's the case, hell yeah sue them, kick them where it hurts.

I support the university in this. Rutgers did not have anything to do with invading the privacy of Tyler Clementi. What exactly was the school supposed to do? The only comment I have ever heard is that he put in a request for a dorm change. Twenty-four hours is not enough for someone to get moved. The two students involved that decided to stream Tyler's encounter should be the ones held to the fire. How did the school participate exactly? Does every school have FULL control over it's students? Is the school administration in every room monitoring what each student is doing – no, they're not. When does personal responsibility come into play? The students that took it upon themselves to activate Tyler's web-cam and invade his privacy are the real culprits here. Target them.

It is tragic that he took his life, and I really sympathize with his parents loss, but to start blanketing lawsuits in lieu of their son's suicide just makes them look like they're out for a payday and a public scapegoat. In the end, to be realistic…it was Tyler who decided to take his own life. If each one of us leaped to our death over life's more serious challenges, there would be no one left on earth. Life is tough sometimes, we get that. But don't go after a school that clearly could not have prevented this horrific act. I have always felt there is more to this story than is being reported. Something just seems off kilter. Rutgers was not at all culpable for the events leading to his suicide.

The university isn't at all liable in his death. They didn't even have time to react to his going to the RA for a change of roommate. He killed himself the very next day. I have to wonder if these same suing parents ever impressed it upon him that they had unconditional love and acceptance where he was concerned. Statistically speaking GLBT teenage suicides occur largely in part because the families weren't supportive.