Home Articles LGBTQ News Settlement resolves lawsuit over death of transgender Manville student Myles Fitzpatrick

Settlement resolves lawsuit over death of transgender Manville student Myles Fitzpatrick

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Myles Fitzpatrick
Myles Fitzpatrick

Nearly four years after transgender Manville student Myles Fitzpatrick died by suicide, a wrongful death lawsuit alleging the Manville School District failed to adequately respond to anti-transgender bullying has been resolved through a $950,000 settlement.

Court records first obtained by NJ Advance Media show the settlement resolves claims brought by Myles’ mother, Danielle Warshefski, against the district. According to the records, Warshefski will receive approximately $603,664 after attorney fees and litigation costs.

The settlement ends more than three years of litigation without a court ruling on the family’s allegations. The Manville School District has consistently denied wrongdoing and maintains its staff responded appropriately to Myles’ needs.

Allegations outlined in the complaint

According to the complaint filed May 2, 2023, in state Superior Court in Somerset County, Myles began identifying as male in December 2020, shortly before the district shifted to virtual instruction during the COVID-19 pandemic.

The lawsuit alleges that after students returned to in-person learning for the 2021-2022 school year, classmates repeatedly subjected Myles to anti-transgender harassment, including verbal abuse, misgendering, physical assaults and other bullying.

The complaint further contends that school officials witnessed or were informed of some of those incidents but failed to intervene adequately or protect Myles from continued harassment. It also alleges the district failed to follow its own anti-bullying policies and obligations under New Jersey law.

In addition to wrongful death, the lawsuit alleged violations of the New Jersey Law Against Discrimination, negligent training and supervision, and intentional infliction of emotional distress. Those allegations were never adjudicated because the parties resolved the case through settlement.

District maintains its position

The Manville School District continues to dispute the allegations raised in the lawsuit. In a statement shared with NJ Advance Media, Superintendent Dr. Jamil Maroun said district staff “treated Myles with the utmost care” and does not believe any action or inaction by school employees contributed to his death.

Maroun said the district’s insurer recommended settling the case after weighing the costs of continued litigation and that the agreement does not require any payment from the school board, avoiding the diversion of district resources from educating students.

“The Manville school community was and remains devastated by Myles’ death and our hearts go out to his family,” Maroun’s statement began.

Out In Jersey contacted Maroun seeking additional comment on the settlement, including whether the district has updated its anti-bullying policies, staff training, counseling resources or support services for transgender students since Myles’ death. The district did not provide additional comments before this story was published.

R. Daniel Bause, the attorney who represented Warshefski, declined to comment on the settlement. Out In Jersey also requested an interview with Warshefski.

Broader concerns remain

Although the settlement concludes the family’s legal claims against the district, the issues raised in the lawsuit extend beyond a single school system.

Previous Out In Jersey reporting examined research from the Williams Institute at the UCLA School of Law, which found transgender Americans face a substantially higher risk of suicide than the general U.S. population. Researchers caution that suicide is complex and cannot be attributed to any single factor. The research identifies discrimination, bullying and a lack of affirming environments as factors associated with poorer mental health outcomes, while supportive families, schools and communities can serve as protective factors.

The settlement closes the litigation but leaves unresolved broader questions about how schools respond when LGBTQ+ students report bullying and what measures best support their safety and wellbeing. Although the case will not proceed to trial, it has renewed discussion about school climate, accountability and the protections available to LGBTQ+ students across New Jersey and beyond.

—Additional reporting by contributing writer Lana Leonard.

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