FRESNO — Two grandparents are suing Fresno school officials, alleging breach of fiduciary duty and intentional infliction of emotional distress on their grandson.

Patsy Mayberry and Philip Marin, grandparents of Samuel Mayberry,  filed a complaint Nov. 30 in Fresno County Superior Court against Sherry Tharpe, Amber Dorsey, Caine Christensen, the Fresno Unified School Disrict, et al., alleging the defendants deprived their grandson of rights to due process under the Fourth and Fifth Amendment to the U.S. Constitution.

According to the complaint, on Nov. 9, their grandson was brutally assaulted by a fellow student at Olomos Elementary School. The suit says the defendants found various reasons to suspend Samuel Mayberry, called the police to investigate their grandson and eventually expelled their grandson from the school. 

The plaintiffs say the defendants made allegations to a student without conducting a proper investigation, deprived individuals of their governmental rights of life, liberty or property with due process of law and concluded a conviction sentence without the benefit of the court.

Mayberry and Marin seek trial by jury, monetary judgment of $70,000 for mental pain, anguish and emotional distress, punitive damages, pre- and post-judgment interest, and for all other just and proper relief. The grandparents are representing themselves.

Fresno County Superior Court case number 17CECG03933

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