The Altoona Area School District has asked a U.S. District Judge in Johnstown to dismiss a second civil rights complaint filed by the father of a 12-year-old junior high school student who took his own life last year because of alleged bullying by other students.

The lawsuit was brought by Marc Lansberry on behalf of the estate of Wyatt Lansberry, who died May 18, 2017, after a day in which he experienced bullying at school.

The lawsuit contends that Wyatt was “subjected to intense, persistent and malicious bullying activities by fellow AASD Junior High School students during the 2016-2017 school year.”

Judge Kim R. Gibson in July dismissed the initial lawsuit filed by Altoona attorneys Steven P. Passarello and Daniel Kiss on behalf of Marc Lansberry, but he gave them time to file an amended complaint citing more specifics to support possible constitutional violations by the school district.

The second complaint was filed last month and, in its response Wednesday, the district still maintains that not enough details have been presented to show school officials even knew about bullying as it pertained to Wyatt or to other students who were alleged victims.

The new complaint cites several other instances in an effort to show the school district repeatedly did not enforce its own anti-bullying policies, demonstrating “deliberate indifference” to what was occurring within the junior high school.

The school district replied that the Lansberry lawsuit is contending the district has failed to train its personnel, including teachers, counselors and administrators to recognize and address bullying when it becomes apparent.

The school district is represented by Pittsburgh attorney Maureen K. Barber.

It answered by stating the lawsuit “does not plausibly allege … the need for additional training was ‘so obvious’ and the status quo so likely to result in constitutional violations that AASD ‘can reasonably be said to have been deliberately indifferent to the need.'”

The lawsuit contended that Wyatt, in complaining to a teacher about an incident in class, asked to leave the class.

He was denied permission was told by the teacher “to stop being a baby,” it is alleged.

It is charged that Wyatt also was attacked in the school by a group of boys, his books tossed throughout a stairwell, and that he went to the principal’s office to report the assault.

Yet, the new complaint, according to the district’s response, does not contain details of the assault, or what he actually told the principal.

It only “makes general conclusory claims without any factual detail whatever” to support the claim that bullying was persistent.

The new lawsuit contains reports of bullying that occurred to other students:

— One student was repeatedly referred to as a “ginger” and “gay,” and was told he “has no soul.”

— Another junior high school student was harassed on three occasions and reported it to a guidance counselor; it is alleged that no action was taken.

— A student was “knocked unconscious” because he was wearing a keychain given to him by his little sister depicting the cartoon “My Little Pony.” This incident occurred a year after Wyatt’s suicide.

— Another juvenile complained persistently to a guidance counselor about being improperly touched by a male student.

— Yet another student, standing with a group attending summer school this year, stated she was approached by a fellow student and shown a gun, with the ensuing comment to the group, “He had a bullet for each.”

The lawsuit stated that police apprehended the individual but no emergency message was provided by the district to parents.

AASD is contending that the amended lawsuit does not show a violation of the 14th Amendment of the U.S. Constitution.

States, the district contends, are forbidden to deprive individuals of “life, liberty or property,” but the states have no “affirmative obligation … to ensure those interests do not come to harm through other means,” according to the district’s response.

The school district complained also that the various instances cited in the lawsuit do not show a pattern of ignoring bullying, pointing out that each of the instances is “entirely dissimilar” to the others.

“The scenarios do not involve similar actors, conduct or school employees or officials,” the response stated.

On the day of Wyatt’s death, another student saw him in tears outside a guidance counselor’s office.

The response contends there were no facts establishing why he was upset.

“He could have been upset for any number of reasons,” according to the district.

And the lawsuit does not report what he actually said to the counselor, it was stated.

A city police detective, in his investigation of the 12-year-old’s death, found messages on Wyatt’s iPhone and iPad that were similar to the “ginger” and “gay” comments reported by one of the other students.

The school claims there is no evidence cited in the lawsuit that district personnel were aware of the messages, and also contends that even if officials were, the messages did not constitute a constitutional violation.

For all these reasons, the district is asking the judge to once again dismiss the Lansberry lawsuit.