Lawsuits can be brought by parents and students against a school district or law enforcement agency for many reasons, including a violation of local, state or federal laws. Students and families should understand some of the difficulties and limitations of filing a lawsuit if they decide to use this option instead of a different complaint avenue.
Lawsuits are costly, they can take a long time to resolve, and there is a risk that information about the student and the complaint could become public knowledge. Additionally, it is often difficult to sue schools, school districts, police departments, and officers because they have certain protections, called "immunities," that limit the lawsuits that can be filed against them. Finally, while some families may feel as if getting their “day in court” is more fair than turning over a complaint to members of the school district themselves, in reality most lawsuits do not lead to a trial in court. Instead, they result in settlements, or agreements, between the people suing and the group or person being sued.
At the federal level, filing a complaint with the Office of Civil Rights does not prevent an individual from also filing a lawsuit in federal court.