A Florida mother has filed a lawsuit against her daughter’s school and Instagram after the teen was wrongfully arrested for making fake threats.
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Eighth-grader Nia Whims,13, was arrested on Nov. 19 after one of her former classmates created a fake Instagram profile using her name and sent messages to her own profile threatening to blow up Renaissance Charter School and kill multiple people. The lawsuit says police arrested Whims without evidence and failed to “promptly investigate easily discoverable information.” The arrest resulted in Whims being forced to stay at a juvenile detention center for 11 days. The lawsuit also states that Whims was a victim of bullying and the other girls in her class would often target her.
“Specifically, during the last week in August 2021, on or about August 27th and28th, Plaintiff LEZLIE-ANN DAVIS, notified RCS of the bullying incidents and requested a meeting to investigate these incidents. RCS ignored those requests and failed to investigate or otherwise respond to the reports of bullying received from Plaintiff LEZLIE-ANN DAVIS. The bullying continued unabated into the school year. N.W. was the recipient of frequent vicious and relentless attacks from her classmates and in particular the several other girls she identified to her mother as being the ones bulling N.W.”
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Due to the school’s lack of disciplinary action, Davis transferred her daughter out of the school prior to the arrest. Instagram was also accused of negligence and failing to provide information to allow investigators to determine if Whims was innocent. The family is seeking $30,000 in damages and to pay for Whims’ mental health treatment due to psychological and emotional distress from the arrest.
A 12-year-old student was arrested for the crime last month after investigators acquired new evidence after obtaining the IP addresses from the messages.