Long v. Murray County School District

Tyler Lee Long was a student at Murray County High School. Long was diagnosed with Asperger’s syndrome and had an individualized education program (IEP) pursuant to the Individuals with Disabilities Education Act (IDEA). At school, Long faced substantial bullying. Peers routinely called Long names, shoved and kicked him, knocked books out of his hands, and taunted him both in his classes and in public spaces such as the cafeteria. Long also suffered from more severe, isolated instances of bullying, such as a peer spitting in Long’s food, a peer hitting Long across the face, a peer rubbing his genitals against Long, and a teacher referring to Long as “leave me alone Long” during roll call. Witnesses testified that Long’s bullies targeted Long because he was autistic. Long’s mother reported many of these incidents to school officials. Every time they were apprised of a particular incident, school officials took some form of remedial action such as meeting with Long’s teachers, disciplining offending students, or assigning staff members to accompany Long. However, the remedial actions did not eliminate the bullying. Long’s parents (plaintiffs) noticed that Long began wearing adult diapers at home and, on one occasion, saw Long hanging his belts in a strange fashion such that Long’s parents suspected Long of contemplating suicide. Long’s parents did not inform the school of this behavior. One evening, Long committed suicide by hanging himself from a belt in his closet. Long’s parents sued the school and the Murray County School District (district) (defendant) under the Americans with Disabilities Act (ADA) and § 504 of the Rehabilitation Act (§ 504), arguing that the school and the district were liable for their inadequate responses to the bullying Long suffered. The school and district moved for summary judgment.