ANDY HUMM
Louna Dennis, whose son Matthew McCree died in the 2017 Bronx
school fi ght, who has fi led a $25 million lawsuit against the Department
of Education, the NYPD, and Cedeno.
➤ CEDENO LAWSUITS, from p.12
The special commissioner’s report alludes to
other students not named who were discipline
problems at the school, but does not name Mc-
Cree or Laboy who, Lynn said, were the subject
of numerous “occurrence” reports for misbehavior.
“There was no investigation of the gang fi ght
involving several students led by McCree occurring
six months prior to September 2017,” Lynn
said. “Abel identifi ed two boys who threatened
to rape him,” but that wasn’t investigated either.
About the DOE special commissioner’s report,
Shanahan said, “This report is an attempt
to whitewash the truth. We are ready to
defend against their attempts to rewrite history
and disparage Abel’s character. Although Judge
Gross kept out substantial testimony and evidence
during the criminal trial, it will all come
in during the civil trial. This is not the fi rst time
attempts to defl ect from their own failures and
blame the victim.”
Then, commenting on the weakness of the
state’s anti-bullying law, Shanahan added,
“Students have no private right of action under
DASA” to seek a legal remedy. “That’s why
schools don’t take DASA seriously. There is no
risk of consequences for failing to follow up on
a complaint.”
Shanahan’s suit is fi led under Title IX of federal
education law that forbids sex discrimination.
Had the DOE followed its procedures and
dealt with the bullying to which Cedeno was
subjected, Shanahan said, “he wouldn’t have
bought a knife for self-defense and he would not
be a convicted felon.” The attorney also faulted
the DOE for its failure to deal with discipline
problems of McCree and Laboy, right up to
“pushing teachers aside to attack Abel” on the
day of the fatal encounter in the school.
The Rubenstein suit also cites the school’s
failure to maintain order in the classroom.
Lynn said he is looking forward to fi nally
dealing with evidence of disorder in the school
that was not allowed into the criminal trial. He
is urging the city not to settle these lawsuits
until all that evidence is introduced.
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