NY mother sues state for failing to protect son during antisemitic assault at school

The lawsuit, filed on the boy's behalf, states that both the city and the DOE had neglected their duties to protect him during and following the assault.

 Upper East Side, NYC (photo credit: Wikimedia Commons)
Upper East Side, NYC
(photo credit: Wikimedia Commons)

The mother of a Jewish boy who was allegedly targeted in an antisemitic attack at school has sued the state of New York, and the NYC Department of Education (DOE), Staten Island's SILive reported on Saturday.

The lawsuit, filed on the boy's behalf, states that both the city and the DOE had neglected their duties to protect him during and following the assault.

The incident reportedly occurred during recess at Egbert Intermediate School in Midland Beach, Staten Island, just two weeks after the October 7 Hamas attack on October 25, 2023.

The plaintiff is seeking damages for an alleged lack of response to the incident in which the 7th-grade boy was kicked and yelled at by a group of other students.

Despite attempts to escape or find him, the boy alleged that no staff were present. 

A school bus used for transporting New York City public school students is seen driving down 135th avenue in the Queens borough of New York  (credit: REUTERS/SHANNON STAPLETON)
A school bus used for transporting New York City public school students is seen driving down 135th avenue in the Queens borough of New York (credit: REUTERS/SHANNON STAPLETON)

One of the assailants pushed him to the ground and yelled, "F-k Israel!" according to the court filing and the New York Post.

A student kicked him twice in the leg and once in the face, with the boy saying he was unable to protect himself.

The boy also said he was not approached by teachers or security after the attack.

He reported that he believed he was targeted because he once mentioned a desire to join the IDF one day when asked in class about career prospects, the New York Post reported.

When the boy mentioned the assault to a teacher, the school employees allegedly "did not seek medical attention" or notify the parents, according to the court documents.


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Prolific antisemitism

Following the incident, the boy never returned to the middle school, and the New York Times reported last week that the family moved to New Jersey due to the trauma.

The boy's mother told the NY Post, “It was definitely mentally traumatizing for all of us, and it made us change our whole life," adding that they moved out of the state. 

The mother's lawyer, Anna Livshits, said that antisemitism had become a pervasive issue in public schools following the October 7 massacre.

“That our client was targeted and beaten for being Jewish in a New York City public school is extremely disturbing and reflects an increase in antisemitism following the terrorist attack in Israel on October 7, 2023, and its aftermath,” Livshits said.

“Hate has no place in New York City Public Schools, and all students and staff deserve to be safe at school and in their communities,” Jenna Lyle, a DOE spokeswoman, said. “We will review the lawsuit when we receive it.”