Updated: Joseph Mendes's Father Announces Intent to Sue Montville

The father of a boy who committed suicide in January has announced his intention to sue the town, saying that ongoing bullying and racial harassment, and officials' lack of response led to his son's decision to kill himself.

Jose Mendes, the father of Joseph Mendes, claims in the notice of intent to commence an action against the town that “the acts or the failure to act of one of more of (the town's)  employees, agents or servants was a cause of injury” to Joseph Mendes.

Joseph, who was 15 and a student at Montville High School, committed suicide on Jan. 28. After his death, word on the street and on social media sites was that bullying had led to his suicide. Superintendent Pamela Aubin and others said at the time that there was no evidence to support that allegation.

Montville Police Lt. Leonard Bunnell said that the Criminal Investigation Unit of the Connecticut State Police investigated Joseph's death. 

"No evidence of bullying has been uncovered," Bunnell said this morning. 

Montville personnel were the first on the scene, he said. It was then turned over to the state police. This is the typical way a situation like this is handled, Bunnell said.

The notice of intent to commence an action was filed on May 11 by Humbert Polito, of Polito & Quinn of Waterford. It states that Joseph was “consistently verbally, physically, mentally, and emotionally abused” by students at Montville High School.

“The decedent’s injuries were caused by the negligence and carelessness of the Town of Montville, the Montville Board of Education and the Montville Public Schools…” the document alleges.

The town, Board of Education and public schools failed to take disciplinary action against certain students, the notice alleges, failed to intervene and to promptly inform the parents of all the parties involved in the alleged bullying.

The document alleges that the town, Board of Education and Montville Public Schools failed to provide adequate protection, to properly supervise the activities of students, and to “adequately intervene” once they were made aware of the allegations of bullying.

In addition, the notice says, the parties named failed to “investigate and/or analyze Joseph Mendes’s conditions and other signs and symptoms of distress exhibited by Joseph Mendes which would have indicated he was being bullied.”

The parties failed to train their employees to protect the safety of students, the document charges, “failed to implement of properly execute an anti-bullying policy,” and “filed to train their employees as to what actions they should take when acts of racial harassment occurred.”

Mayor Joe Jaskiewicz, who is on vacation this week, said he had not seen the notice of intent and was unable to comment. Superintendent Pamela Aubin said she could not comment.

Bert Polito, the lawyer who filed the notice, said today that he is "trying to seek out some answers for the family."

"Joseph was a very special young man," he said. "His father and grandparents have serious concerns about the circumstances which led to his death and have asked usto seek out answers to their questions."

To read the Montville Schools policy on bullying prevention, click on the pdf in the photo box.