For the November issue of D Magazine, I wrote about a lawsuit filed over a 362-page novel published by an eighth-grader at Highland Park Middle School. The book tells the story of a sweet, pretty, popular girl and her circle of drinking, drugging, sex-crazed peers. The main character — whose mother filed the lawsuit — is eventually drugged and date raped. She ends up prostituting herself before her friends realize that she’s been victimized and make her homecoming queen.
Neither family wanted to comment on the record, but last week, attorneys for the parents of the young author responded to the lawsuit, filing a motion for summary judgment that requests the case be dismissed completely. Details after the jump.
The filing, which refers to the plaintiff’s claims as “arguably frivolous,” reiterates that the book is completely fiction and even includes a statement before the first chapter declaring: “Everything in this book is FICTION and everything said about the people in it and their actions are not true.” The defense also claims that the parents of the author aren’t liable for negligence here because those parents have no legal “duty” to the girl (the plaintiff) in question, according to the Texas Family Code.
A lawsuit about a fictional book, using real names, set in a real place, three years in the future, gives way to quotes like this, from the defendant’s motion:
“The fictious events which never took place are set in the future. The fictional events which never took place are not to occur until three years in the future. The fictional characters, which allegedly performed these fictitious events and make these fictitious statements, are in the eleventh grade…Simply stated, the plaintiff’s “character” in the book is not yet in existence.”
The plaintiffs responded to the response, essentially doubling down by filing an amended petition that asks for discovery and accuses the young author defendant of “invasion of privacy by appropriation of name” and “fraud by nondisclosure.” That filing claims the girl at the center of the lawsuit:
“has earned and cherishes her reputation as a responsible, respectful, kind, likable, funny, smart, assertive, confident and charismatic leader. She has served on the student council, has run on the cross country team and is currently a cheerleader. She has maintained high grades while playing an active role in the school and surrounding community. Through hard work and with high moral character, [she] has built the foundation necessary for success now and in the future.”
Both attorneys declined to comment on the case.
8 comments
From the D article: “And since this has all fallen out, some of the kids at school have started picking on Richard [the author], trying to make him feel bad about his desire to be a writer.”
Unless these kids are saying something like “who do you think you are, John Cheever?”, they’re not “trying to make him feel bad about his desire to be a writer.” They’re taunting him because he is (allegedly!) a d-bag. And his parents sound even worse.
@ Neal,
Bingo.
There’s a fine line between fiction and obsession tinged with sexual violence. This kid should be encouraged to pursue the novelist’s craft, but he also needs counseling without delay. What in Hell are his parents thinking?
Why would the writer’s parents not agree to destroy the book? It’s inconceivable that they could be so oblivious and/or casually cruel to ignore the effect their child’s writing would have on those whose names were used, especially the girl. This is middle school and those kids affected are not consenting adults. Just because something may not be illegal doesn’t make it right.
Agree with all of the above.
The boy is at risk of turning into a majorly creepy adult… I applaud his moxy, but targeting a fellow student demonstrates a fundamental lack of understanding of boundaries. The fact that another parent warned him, and he didn’t get it should be a huge red flag for his parents.
I hope the girl is okay…it probably did impact her deeply. Girls at that age are a mystery, and murmurs about sex, drugs, etc. doesn’t help.
I haven’t seen this book and don’t plan to read it, but this entire scenario sort of illustrates the dangers of self-publishing. ANYBODY can be an “author” now. This kid may well be a very good writer, but all writers need editors, and self-publishing often skips that process.
is this young author acting like a bully?
Your only ok with this because its wealthy white HP
if this had been some middle school attending by people the opposite of white,,,,that would be black, there be all sorts of “we need to help those students” etc etc