The guardians of a 13-year-old boy who tragically fell victim to bullies, resulting in a fatal attack that was captured on video at his middle school, have reached a $27 million settlement with the Moreno Valley Unified School District. This settlement comes as a result of a lawsuit filed over the boy’s untimely death, and it was announced on Wednesday.
Plaintiffs’ attorney, Dave Ring, expressed that while the family will forever be heartbroken by the loss of Diego, they hope that this case serves as a catalyst for change in school districts nationwide. Ring emphasized the need for schools to take a strong stance against bullying and to treat any complaints of bullying and assault seriously. He firmly believes that Diego’s death could have been prevented if the school had prioritized an anti-bullying policy.
Officials from MVUSD declined to comment on the settlement.
Ring and his co-counsel, Neil Gehlawat, stated that the $27 million settlement is the largest ever in a bullying case in the United States. They believe that this lawsuit serves as a wake-up call for schools to effectively address bullying and implement comprehensive anti-bullying policies.
The civil action was filed in Los Angeles County Superior Court in September 2020.
Diego Stolz, a student at Landmark Middle School, endured consistent bullying from two to four boys starting in seventh grade. While the number of incidents is unclear, the bullying began with verbal insults and theft of Diego’s belongings.
According to Ring, the abuse escalated when Diego entered eighth grade in August 2019. He noted that there was no explanation for the sudden mistreatment, as the bullies had previously been on good terms with Diego.
Diego’s aunt filed multiple complaints with Landmark during the 2018-19 academic year and the first month of the 2019-20 school year. However, her concerns were ignored.
The harassment reached its peak on September 12, 2019, when one of the boys cornered and assaulted Diego, threatening further harm. Diego, visibly distressed, approached a science teacher and shared his ordeal.
Ring highlighted the inaction of the then-vice principal, Kamilah O’Connor, despite the teacher recognizing Diego’s emotional state. In the aftermath, Diego confided in his aunt about the assault, leading her to involve administrators through her adult daughter.
A meeting was held between Salcedo, Diego, and O’Connor. After the meeting, O’Connor assured Diego’s family that the bullies would be suspended for three days, starting on Monday, September 16. She also promised to change their class schedules to ensure they wouldn’t be in the same class as Diego.
However, when Diego returned to school the following week, the two bullies found him during lunch recess and attacked him. The incident was captured on a widely circulated video, showing one of the boys confronting Diego and punching him, followed by another punch from the second assailant. Diego fell and hit his head on a concrete pillar, leading to severe trauma.
Diego was pronounced brain dead and removed from life support nine days later.
In November 2020, the two assailants admitted to involuntary manslaughter charges. Five months later, Riverside County Superior Court Judge Roger Luebs sentenced them to probation. As part of their sentencing, they were required to enroll in character development and anger management classes, perform 150 hours of community service, refrain from playing violent video games and using social media, and write letters of apology to Diego’s family.
Within a year of Diego’s death, MVUSD revamped its policies on student complaints and implemented a program to prevent all forms of bullying.
Felipe and Juana Salcedo, who had been raising Diego since he was a toddler after the deaths of both of his parents, initially faced challenges in filing a lawsuit against the school district due to their status as legal guardians. However, lobbying efforts from attorneys resulted in the passage of Assembly Bill 2445 in September 2020, granting guardians the right to bring wrongful death suits on behalf of minors.
As a result of the lawsuit, O’Connor, another assistant principal, and the principal of Landmark all lost their positions, according to the plaintiffs’ attorneys.
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