Schieszler v. Ferrum College

236 F. Supp. 2d 602 (2002)

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Schieszler v. Ferrum College

United States District Court for the Western District of Virginia
236 F. Supp. 2d 602 (2002)

Facts

Michael Frentzel was a freshman at Ferrum College (defendant). During his first semester, Frentzel was involved in disciplinary issues and required by the college to comply with certain conditions, such as anger-management counseling, before returning for a second semester. During his second semester, Frentzel argued with his girlfriend and sent a note to his girlfriend that Frentzel intended to hang himself in his room. Both the resident assistant for Frentzel’s dorm, Odessa Holley (defendant), and the campus police responded, were shown the note, and found Frentzel locked in his room with self-inflicted bruises on his head. The college’s dean of student affairs, David Newcombe (defendant), was informed, yet Frentzel was left alone. Over the next three days, Frentzel continued to send notes to his girlfriend that indicated Frentzel’s intention to harm himself. Frentzel’s girlfriend notified college authorities each time, but no action was taken, and she was not allowed to visit Frentzel’s dorm room. College authorities visited Frentzel’s dorm room, where he had hung himself. Frentzel’s aunt and personal representative for his estate, LaVerne Schieszler (plaintiff), filed a wrongful death action against the college, Newcombe, and Holley, arguing that they knew or should have known that Frentzel could harm himself and failed to take appropriate precautions to prevent Frentzel’s suicide. The college, Newcombe, and Holley filed a motion to dismiss the complaint on several grounds. Schieszler filed a motion for leave to amend her complaint to address the deficiencies, and the college, Newcombe, and Holley objected, arguing that to allow an amended complaint would be futile because Schieszler had failed to state a claim upon which relief could be granted.

Rule of Law

Issue

Holding and Reasoning (Kiser, J.)

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