No Criminal Charges In Mallory Grossman's Death: Prosecutor

ROCKAWAY, NJ — No criminal charges will be filed in the suicide death of 12-year-old Mallory Grossman, the Morris County Prosecutor's Office said.

"At the conclusion of a thorough investigation by law enforcement personnel it was determined that charges were not warranted. As prescribed by law, since this matter concerns juveniles there will no further comment by this office," spokesperson Peter DiGennaro said.

Mallory's death had been under active investigation by the Prosecutor's Office since her suicide in June 2017. Her parents, Seth and Diane, have said her death was due to the "horrific" bullying she faced at school and online.

"We are disappointed that the prosecutor decided not to indict. An indictment would certainly send a message to others that this conduct is not acceptable and has consequences," Bruce Nagel, the Grossman family's lawyer, told Patch.

The Grossmans have filed a civil suit against the Rockaway Township Board of Education, administrators, teachers, and faculty, saying the school knew that Mallory was being bullied and failed to address it properly.

According to the suit, a group of four girls bullied Mallory at home via social media, in the classroom, and in the lunch room, actions the family claims directly led to Mallory's suicide death on June 14, 2017. The suit says the school district fell short of a legal obligation to prevent bullying.

School officials have generally declined to comment, citing privacy laws, but issued a statement in August 2017 calling claims they failed to act "categorically false."

The school had tried to have the case dismissed, but a judge denied their motion last month.

The Grossman family is asking for a jury trial and punitive damages in accordance with the Wrongful Death and Survivorship Acts, costs of the suit, and other legal fees.

The family first announced their intention to sue last August, two months after Mallory's death. Before a formal lawsuit can be filed, a plaintiff must first file a tort notice and enter into a six-month mediation period. If mediation fails, then a lawsuit can be filed.

This is not the first time a lawsuit has been filed against a school district in Morris County following a bullying-related suicide death. A lawsuit filed over the 2014 suicide death of Morristown High Schooler Lennon Varnelas Baldwin was recently settled for $625,000.

Similar suits have been filed nationwide. The family of Rosalie Avila, a California 13-year-old who killed herself after she was bullied, filed suit against the district for alleged negligence.
Bullying lawsuits are not always related to suicides. A Manchester, New Jersey teenager recently settled with that district over intense physical bullying that forced her into a private school, and a Toms River, New Jersey teenager settled with the district in 2013 after he was bullied for his perceived sexual orientation.

Read More:

• Bullying Of Mallory Grossman, 12, Detailed In Wrongful Death Suit
• 1 Year Later, Mallory Grossman Lives On In Anti-Bullying Efforts
• Mom Shares 'Last Selfie' Taken With Mallory Grossman Before Death
• Mallory Grossman's Family Sues Rockaway Schools Over Bullying That Led To Suicide
• 'Mallory's Army' Fights Back Against Bullying After 12-Year-Old's Sudden Death

Do you have a story to tell? Email us at bullies@patch.com.

If you or someone you know is considering suicide, call the National Suicide Prevention Lifeline at 1-800-273-8255 or text the Crisis Text Line at 741-741.

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