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Grandmother files a lawsuit against BPS after grandson died by suicide

"Because they haven’t done anything. They kept their arms crossed, so I had to take legal action.”
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BUFFALO, N.Y. (WKBW) — The family of 12-year-old Dariel Rivera who died by suicide in May because of bullying he experienced has filed a lawsuit against Buffalo Public Schools.

Rivera's grandmother, Blanca Martinez, tells 7 News reporter Yoselin Person the school district wasn’t forthcoming at the time of her grandson’s death until now.

She says she had no choice but to file a lawsuit last week to be heard.

“This is hard, devastating, and sad,” Martinez expresses. “I told them that I can’t have any communication with them because they haven’t done anything. They kept their arms crossed, so I had to take legal action.”

A spokesperson for the BPS says in a statement:

"Despite the Superintendent's repeated attempts to meet with the family, on July 26, we were informed that their legal counsel advised them not to meet with the Superintendent and to discontinue any contact with the Buffalo Public Schools District due to pending litigation."

Martinez says she found her grandson in the bathroom, something she wishes no one would ever go through.

“I don’t wish this upon anyone. This is worse than life,” she says. “For me, it changed my life completely.”

The school district did respond by saying:

“The Superintendent and the entire district continue to offer our deepest and most sincere condolences to Dariel Rivera Reyes's family, friends, students, and school staff.”

Martinez says she knows bullying won’t end but she believes those in power can take action to prevent it.

“This is not only the school,” she says. “You have to work with parents, teachers, and the community. Everyone has to come together.”

The school district says they’re going to have several training sessions regarding bullying for all staff at the end of August and the beginning of the school year.

Meantime, the grieving grandmother is still holding on to the memories she has for her grandson.

“He was a loving kid,” she says while crying. “He was a precious kid and they’ve seen that he was a precious kid.”

The spokesperson for the school district did say they would be reviewing and updating their policies and procedures pertaining to bullying.

The spokesperson also said disciplinary action against the alleged students bullying Rivera was taken under the district’s code of conduct.

Click here to see the district’s bullying and DASA resources.