Select Page

Jurisdiction

DID THE TRIAL COURT HAVE JURISDICTION OVER THE FATHER’S NEGLIGENCE CLAIMS?

Case citation:  Hardaway v. Dallas ISD, 2013 WL 1245565 (N.D. Tex. 2013) (unpublished).

Summary:  Tyron Hardaway brought suit without the assistance of legal counsel against the Dallas Independent School District.  The lawsuit alleged that the district was negligent in failing to protect his son from assaults and bodily injury by gangs at school.  Hardaway sued the district, the superintendent, a division superintendent, and an assistant principal, among others.  Specifically, Hardaway claimed that the defendants were negligent in failing to hold meetings, communicate with parents, and prevent two assaults on his son.  The trial court issued interrogatories (i.e., questions) to Hardaway in an effort to learn more about the nature of the allegations.  Following Hardaway’s responses, the court on its own motion considered whether the claims should be dismissed.

Ruling:  The trial court dismissed Hardaway’s suit.  According to the appeals court, Hardaway’s lawsuit did not present a federal cause of action over which the trial court had jurisdiction.  The lawsuit alleged that the defendants were negligent in failing to investigate, hold meetings, communicate with parents, and prevent two gang-related assaults on Hardaway’s son.  The facts alleged were insufficient to state a valid federal or constitutional claim.  Thus, the trial court dismissed the claims, “without prejudice” (i.e., the charges could be brought again).

In addition, the trial court held that Hardaway could not represent his minor son in the litigation.  Instead, Hardaway was required to retain a licensed attorney to pursue his son’s claims.  Hardaway requested that the trial court appoint an attorney.  However, because the claims lacked an arguable basis in law, the trial court declined the request to appoint an attorney.  The trial court, therefore, dismissed the suit.