Sixth Circuit rules Gabriel Taye wrongful death suit can go to trial

A federal appeals court has ruled that Gabriel Taye's wrongful death lawsuit against CPS can to go to trial. The 8-year-old took his own life on January 26, 2017, two days after he was assaulted in the restroom at his school.

A wrongful death lawsuit against Cincinnati Public Schools officials in the January 2017 suicide of eight-year-old Gabriel Taye can now move to trial following a decision in federal appeals court. 

The U.S. 6th Circuit Court of Appeals in Cincinnati on Tuesday rejected an immunity claim from CPS, citing evidence that school officials acted "recklessly" in their handling of Gabriel's bullying, according to an opinion from Circuit Court Judge Bernice Bouie Donald. 

"As alleged, (the defendants') behavior shows 'conscious disregard of or indifference to a known or obvious risk of harm' to Taye that was 'unreasonable under the circumstances' because they knew Taye was harassed and bullied at school and that a risk of bullying is suicide, and yet they utterly failed to take reasonable steps to protect Taye from that risk," Donald wrote. 

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