Family of girl falsely arrested files lawsuit
The family of a 13-year-old girl falsely detained and accused of threatening to kill a teacher and blow up a school has filed a lawsuit against the school and the social media giant where the threats were made by somebody who impersonated her.
The lawsuit, filed on behalf of the 13-yearold, Nia Whims, by her mother, LezlieAnn Davis, seeks “damages in excess of $30,000” from Renaissance Charter School in Pembroke Pines and Meta, the parent company of Instagram, where the threats appeared.
The lawsuit said the Pembroke Pines Police Department, which arrested Whims, will be added as a defendant.
Pembroke Pines police admit a 12-yearold classmate impersonated Whims on Instagram and made threats toward the 12-year-old, a teacher, and the school. The 12-year-old now has been charged with the crime.
The lawsuit is claiming malicious prosecution, intentional infliction of emotional distress, and a violation of civil rights on the part of the defendants as well as negligence on the part of Instagram.
Whims has always denied sending the messages. She said her time in the detention center was “scary” and said she doesn’t like talking to people about the experience.
“People will come up to me and say, ‘Nia, are you the person on the news?’ ” Whims said. “I just have to lie and say, ‘No.’ ”
Whims and Davis say the threats were part of a months-long bullying effort by a number of students against Whims. Davis said she withdrew Whims from the school due to the bullying only a day before the threats were received.
The threats, received Nov. 18, said Whims would kill the 12-year-old, kill a teacher at the school and her family, and blow up the school.
On Nov. 19, Pembroke Pines police learned of the threat, secured the school, and determined it was safe. Police interviewed Whims and her mother at their home later that afternoon, which is when Whims was arrested.
Pembroke Pines Police spokesman Capt.
Adam Feiner said at a news conference last week that police were acting under “exigent circumstances” when they made the arrest. Davis disagrees. “After 4 p.m., when school is closed, where is the danger?” she asked.
“Why was she arrested?”
Whims spent almost two weeks at a juvenile detention center, where her attorney, Marwan Porter, said she was threatened by older girls.
Porter and Davis said Davis contacted the school a few times and attempted to address the bullying situation but got no response.
Colleen Reynolds, public
relations and marketing counselor for Edge Communications, which handles media responses for Renaissance Charter School, said in a statement, “Our highest priority remains the safety and security of our students. We always have and always will take all appropriate actions to ensure our students and staff are safe. We do not comment on pending litigation.”
Maj. Al Xiques of the Pembroke Pines police said the agency “has no information regarding a lawsuit.”
No response has been received from Meta/Instagram.