A lawsuit alleging a school was responsible for a child’s beating by failing to previously discipline the bully who eventually beat her has been dismissed.

U.S. District Judge Gene E.K. Pratter of the Eastern District of Pennsylvania granted Delaplaine McDaniel School’s motion to dismiss.

“There is no question that the suffering endured by the child plaintiff—both physical and emotional—engenders profound sympathy and dismay. Bullying is an issue around the country, and no parent or guardian should have to stand idly by as his or her child is attacked or taunted,” Pratter wrote in her opinion. “However, the federal remedies against a school or school officials for a child’s injuries, even on school premises, are limited. Section 1983 was enacted to prohibit intentional acts by government officials. For the plaintiff to recover, she must show that the bullying was aided in some way by an affirmative act taken by the school. Ultimately, this is a mountain that the plaintiff cannot climb, and the motion to dismiss is granted.”