CLEVELAND — UPDATE: The judge in this case has denied the Cleveland Metropolitan School District's motion to dismiss. That means the case continues forward. In a statement from the plaintiff's attorney, he said -in part they are "pleased with the Court's decision...." The statement also read, "Although no decision can bring Yaniel (Rivera) back, we hope this case brings awareness that some school tragedies can be prevented. Schools are required under Ohio law to implement strategies to provide safe learning environments...(including) filters to prohibit access to violent and harmful content..."
We reached out to CMSD for comment. We have not yet heard back.
As we approach a new school year, do your children have a computer or tablet issued by their school district? If so, keep reading because there’s a big question now in the local courts about internet content filters and monitoring.
“I was going crazy. It was horrible,” said Victor Soler, who will never forget that day. “I did give him CPR and everything, and when they arrived, they took me away from him,” he told us.
Soler is the plaintiff in a new lawsuit against the Cleveland Metropolitan School District that says CMSD did “not follow its own internet safety policy” and allowed his 11-year-old autistic son Yaniel Rivera ”to watch harmful and obscene videos...” that “caused (his) death.”
“He was the best thing to ever happen to me,” said Soler.
FATHER: SON 'WAS ALWAYS WITH THE TABLET'
He told us Rivera was a happy kid who loved school and loved learning.
“He was always with the tablet, always playing with the tablet,” said Soler.
He said Cleveland Schools gave his son the Apple iPad as part of his education. “I trust my kid. I didn’t think he was going to watch any of that stuff,” said Soler.
Rivera grabbed his dad’s gun that fateful day. Soler’s attorneys told us the gun was hidden in a box in Soler’s closet. Prosecutors said Soler is not facing any charges.
BOY WATCHED VIDEOS ABOUT GUNS, SHOOTING IN BELLY
The lawsuit states Rivera was able to watch videos with titles like “how to load and unload a handgun... woman shot in belly…. belly killer…” and more.
According to the lawsuit, on a day in March 2022, Soler’s son “died of a self-inflicted gunshot wound to the stomach while watching harmful content on his CMSD-issued device.”
We asked Soler what it was like to hear that his son had died after the shooting.
“The worst thing I ever heard in my life. The pain never goes away,” he said.
“When you’re typing in certain search terms, he should not be able to access these,” said Deneen Lamonica. She and Larry Roach represent Soler. They filed the suit that said, “CMSD knew that if inadequate technology was used to block or filter access to websites that are obscene…” and “failure to monitor online activities of its students… would result in harm to students…”
“This should definitely have been something that was flagged,” said Lamonica.
CHILD PSYCHIATRIST: VIOLENCE LINKAGE 'QUITE ROBUST'
Dr. Vincent Caringi is a child psychiatrist for The Centers in Cleveland.
He’s not part of the case but said, in general, research shows violent images on young minds are significant.
“The linkage between virtual violence and aggression has been well supported and is actually quite robust,” Caringi said.
We found a case from overseas in 2018. An England school’s network manager said a 15-year-old autistic student’s school-issued internet filter was not ‘sufficient’ or ‘adequate,’ and she took her own life after viewing graphic content. The coroner said the failure of the monitoring “contributed” to the girl's death.
Caringi said overall, young people at vulnerable ages process things through emotions.
“The frequency and quantity of how much you’re using and taking in that media seems to have a bigger impact than the quality itself,” he told us.
Soler’s attorneys showed us a tablet analysis report they said revealed Soler’s son watched many questionable clips that tragic day. “It was over 100 videos of people getting shot in the stomach, stabbed in the stomach…dying,” said Roach.
JAMA: PRE-TEEN SUICIDE 'SIGNIFICANT HEALTH CONCERN'
A study published late last month in the Journal of the American Medical Association showed suicide in pre-teens “is a significant public health concern,” increasing by 8.2% recently with “the greatest increase in…(among other groups) Hispanic preteens and firearm suicides.”
CMSD: DIDN'T KNOW ABOUT GUN; IT'S IMMUNE
We asked CMSD for an on-camera interview. The district declined. It said in its motion-to-dismiss filing that “…unbeknownst to CMSD, (the boy) had access to a firearm at his (home)....” The district also wrote, “CMSD is entitled to statutory immunity and none of the exceptions to this…immunity apply.”
However, Soler’s attorneys placed blame on CMSD. “This was not just a mistake,” said Lamonica. “This was a complete and utter failure. It was reckless. It was willful. It was wonton.”
Soler said one reason he stepped forward is to warn school districts and, especially, parents. “He was my everything. We were always together. Wherever I go, he’ll go,” said Soler while in tears.
According to the CMSD website, it serves “more than 36,000 students,” and “the district provides a free laptop or tablet for every student… (it also) connects every family that needs internet access.”
CMSD’s motion to dismiss is pending. There’s a hearing scheduled next week for the case.
