Law Firm of Cerri, Boskovich & Allard Files a Third Lawsuit Against Gilroy Unified School District Over Student Safety

The law firm of Cerri, Boskovich & Allard has filed a new lawsuit against the Gilroy Unified School District, alleging that school officials failed in their duty to protect students from criminal assaults on campus. Simultaneously, the firm announced the settlement of a previous lawsuit against the District on similar grounds for $100,000.

The latest complaint centers on Jane Doe, a minor at Christopher High School, who was violently assaulted and bullied by another student, Heather Doe. The incident occurred on March 8, 2024, during a passing period, when Heather Doe allegedly pulled Jane’s hoodie over her head, knocked her to the ground, and attacked her for several minutes. The assault was recorded by students and shared with Jane’s mother. No staff were present to intervene. The lawsuit asserts that the District was aware of Heather Doe’s history of violent behavior but failed to act or inform staff. Jane Doe’s mother had previously raised concerns about campus safety, citing frequent fights and inadequate supervision, but was told the issue stemmed from a lack of supervisors and funding.

Following the attack, Jane Doe no longer felt safe at school and is now homeschooled. The complaint alleges the District breached its duty to supervise and protect students, failed to follow mandatory safety regulations, and did not implement adequate safety plans.

The earlier lawsuit filed in June 2023, also handled by Cerri, Boskovich & Allard, involved a former Solorsano Middle School student who was assaulted on campus after her parents twice warned officials about threats. The assault, which resulted in a concussion, was captured on video and posted online. A former Solorsano Middle School employee testified that she witnessed at least one physical altercation on campus each week and personally intervened to break up at least three fights during her tenure. She expressed concerns about student safety and stated she was aware of several students who required hospital treatment as a result of fights or physical assaults.

On September 13, 2023, a second lawsuit was filed against DISTRICT for its failure to protect a ninth grade developmentally disabled student from a violent physical attack by a classmate who had been bullying him at Christopher High School. That lawsuit is still being litigated.

All three lawsuits cite the California Education Code, which mandates that school officials protect students. The complaints highlight a broader pattern of violence and bullying in Gilroy schools, referencing survey data showing high rates of harassment, bullying, and physical altercations among students. According to the California Healthy Kids Survey, 29% of 9th graders and 25% of 11th graders at DISTRICT’s schools have experienced harassment and bullying. The lawsuits aim to address these issues and ensure a safer learning environment for all students.

“The parents of these student victims want to force the district through these lawsuits to implement new safety protocols, improve supervision and provide staff training to prevent future incidents,” attorney Mark Boskovich said.

The lawsuit states that as early as December 1, 2022, school officials have been aware of a publicly accessible “Gilroy Fights” Instagram webpage which displayed videos of fights on the DISTRICT’s campuses.