Mazzo v. Town of Fairfield Board of Education
The anti-bullying statute, Connecticut General Statutes §10-222d, does not provide a private cause of action. Allegedly, the plaintiffs' child, K.M., was attacked on Dec. 22, 2011 by another middle school student, S.R. The plaintiff parents sued the Town of Fairfield Board of Education and individual defendants, alleging that the defendants failed to comply with the anti-bullying statute, C.G.S. §10-222d. The defendants moved to strike and argued that the anti-bullying statute does not provide a private cause of action. The court found that the plaintiff parents and the minor child are within the class of individuals that the legislature intended to benefit. The court did not find any evidence of legislative intent to create a private cause of action. The state's public policy disfavors the creation of a private cause of action by implication. "Neither the plain text of the anti-bullying statute nor its legislative history," wrote the court, "suggests that the legislature intended to create a private right of action when it enacted the statute." The court granted the defendant's motion to strike.