Federal judge dismisses Kenneth Suttner wrongful death suit

Federal Judge Willie Epps Jr. has dismissed the wrongful death suit filed on behalf of teen Kenneth Suttner’s mother that accused the Glasgow School District of allowing a culture of bullying that caused the boy’s suicide in December 2016.

Angela Suttner brought the suit against the district, formally known as the Howard County R-II School District, and four employees, including the superintendent. She alleged students and some employees bullied, harassed and discriminated against Kenneth Suttner for his mental and physical disabilities throughout his time in the district, driving him to suicide.

She also claims the district didn’t do anything to make the school a safe environment, including following anti-bullying rules and regulations.

After Epps’ order, six of the claims were transferred to Howard County court.

Epps cited several reasons in dismissing the other six federal claims. He wrote in his order that one count was a duplicate. In the other five, he said that Suttner’s family had not “exhausted all administrative remedies” related to the Individuals with Disabilities Education Act before filing the suit.

“While the plaintiff asserts she did complain to school faculty numerous times over the years, such actions alone are insufficient to exhaust administrative remedies under the IDEA,” he wrote. “Plaintiff therefore cannot show it would have been futile to exhaust administrative options.”

The school district’s attorney, Tom Mickes, said they plan to ask that the remaining six state counts in the lawsuit be dismissed.

“It’s been our position since day one that while the loss of a student is a tragedy, just because a student lost their life does not mean the school is responsible,” he said.

ABC 17 News has reached out to Angela Suttner’s legal team to find out if they plan to appeal the dismissal, or for a comment, but they have not responded to emails.