A 14 year-old boy, his parents and his school are being sued for wrongful death now that the boy has pleaded guilty to shooting another 14 year-old boy to death on his middle school campus, as reported by All Alabama.
Erik Heninger, one of the attorneys representing T.B.'s mother, T.M., told reporters that having the guilty plea entered allows him to get past a large barrier and move forward with discovery in the lawsuit.
H.M., 14, entered his guilty plea before Judge Karen Hall on May 28, 2013 in Madison County. He was sentenced to 30 years in prison.
The wrongful death suit states that the Discovery Middle School officials failed to follow procedural systems when they let H.M. transfer into the school as it was an out-of-zone transfer. Additionally, administrators were aware of H.M.'s record of discipline problems and disruptive behavior. School records were not shared, according to the suit's allegations, with teachers to better prepare them "for the threat posed by (H.M.)"
H.M.'s parents, Dr. I.M. and S.M., are currently facing criminal charges of hindering. In April of 2012 H.M. and S.M. allegedly tried to flee prosecution. S.M. has a trial date of August 19 and Dr. I.M. is due in court on August 5.
H.M. killed T.B., 14 at the time of his murder, during a class change on February 5, 2012.
Lawsuits generally have limits on deposing witnesses and defendants, if they are also involved in a criminal case – as the U.S. Constitution protects defendants from self-incrimination. At the same time a criminal defense attorney will do what they can to make sure that any questioning of related witnesses is restricted in scope.
According to Heninger, Judge Hall has allowed the plaintiffs to now seek depositions from Dr. I.M. and S.M.
Heninger plans to depose T.M. first. Then he will pursue depositions from the Madison City Schools Superintendent D.F and Principal S.W. It is undecided whether H.M. is willing to be deposed.
After H.M. entered his guilty plea, Superintendent D.F. declined to comment on the lawsuit and released a statement that read, "The events of February 2010 affected many lives. We hope that today's action brings some sense of closure to those whose lives have been irreparably altered."
In April of 2012 claims made against the Madison school board were thrown out as the entity has no legal liability in the case. Claims made against D.F. and S.W., however, were not dismissed by the Judge.
During the court hearing, the judge questioned Heninger whether it would be alleged that D.F. or S.W. were aware that students said that H.M. had brought a gun to school before. Heninger said he wouldn't know the answer to that question until he deposed the two.
Contact a personal injury lawyer to file a wrongful death lawsuit if you have lost a loved one due to the actions, or inactions, of the responsible party. Often times a judge or jury will consider a monetary settlement for your loss.