LORAIN, Ohio– A family is suing the Lorain City School District after a girl was suspended for passing out candy believed to contain marijuana, but didn’t.
The lawsuit was filed on Thursday in Lorain County Common Pleas Court, and is also against the Lorain City Board of Education, the Lorain Police Department and specific school officials. It seeks more than $1 million for negligence and defamation.
FOX 8 contacted the school district on Friday for a comment, but it declined.
It all started on Sept. 20 at Southview Middle School. The 14-year-old girl opened a box of Milk Duds in the cafeteria and shared them with other students. That’s when one boy yelled that the candy, “Smelled like weed,” according to the lawsuit. He later reported he felt high, and his head and stomach hurt.
A school security officer agreed the box smelled like marijuana and the girl was given a 10-day suspension.
Court documents said the girl’s mother regularly contacted Lorain police to see if the candy had been tested for illegal substances, but didn’t get any answers. She also reached out to the Hershey Company, the maker of Milk Duds, which pulled the batch from store shelves. Hershey’s tests were negative for marijuana.
Later, the teen’s mom found out the box of Milk Duds was not properly tagged in evidence so it was never tested, the lawsuit said. Eventually, the crime lab results came up negative.
Since returning to school, the girl has been reportedly bullied and mocked by students and staff. After Halloween, one teacher said, “I hope you’re not planning on exchanging candy. We’ve been down that road before,” the suit noted.