My daughter was accused of stealing a cell phone, that she did not steal. She was harrassed by the vice principal for a whole day at school to the point where she was throwing up and very upset over the whole incident. When she went to the nurse because she was vomitting they told her they did not know what to do for her. Plus a good many of her teachers were talking about her in front of other students. Can I sue the school for this? This is not the 1st incident I have had with them. What type of lawyer would I contact?
2006-12-21 14:24:41 · 14 answers · asked by vwprincess1 1 in Politics & Government ➔ Law & Ethics
yes you can sue the school, but, before you do make sure your daughter did not take the cell phone, i am not saying she did i am just saying you need to make sure before you proceed with something like this. you need a litigation lawyer, one who does lawsuits which would be a civil lawyer. It should not take money form you up front since this is a lawsuit, if they think you have a strong enough case, school systems are very hard to sue and win but it can and has been done. I am glad to hear other people standing up against poor school systems. too many parents keep there mouths shut because they are afraid what it will do to there kids. Its about time parents started standing up for there kids against the schools who treat there kids poorly. way to go and I hope you fight them and win.............
2006-12-21 15:05:10 · answer #1 · answered by Anonymous · 1⤊ 0⤋
yes and I would call a lawyer tomorrow. That kind of harassment is unethical and they shouldnt make you daughter tramatized like that. They are actually doing whats called Deframation of Character, by saying things about her in front of others, they are making her others teachers and her fellow students think she is some bad egg. I actually had some similar issues when I was in High School and I look back now and wish I sued the bastards. Your child shouldnt be scared to go to school and should feel comfortable not the opposite. I would just call attorneys offices till ou find one that deals with this type of thing. Usually a civil lawyer or family law. Good luck and in the mean while let you daughter know that people are sometimes just assholes that get caught up in the moment and that she is a better person then them. :-)
2006-12-21 22:31:50 · answer #2 · answered by Glittergirl 3 · 0⤊ 0⤋
First of all how do you know for sure your daughter didn't steal the phone? Just because she says that doesn't mean she isn't lying. Besides that I seriously doubt that a school administrator would pressure your daughter for a whole day if she didn't have some sort of past history with breaking the rules.
You need to figure out if she did steal it or not. You can't always trust your kids especially when they have a lot to lose by confessing to something.
2006-12-21 22:30:37 · answer #3 · answered by Anonymous · 1⤊ 0⤋
If this isn't the first incident, you might be defending the wrong side. Don't get me wrong, paranoid people have enemies, too, but the school watches her more closely and longer than you do. Maybe they know her better than you do.
Never believe anything your child tells you until you have brought them to tears with your interrogation. Children lie best to their parents.
BTW, a child can benefit from harassment about wrong doing, whether they are guilty or not. Guilty children will see how hard a life of crime can be, while innocent children will be scared away from it. Take a neutral approach with your daughter and tell her, 'let this be a lesson to you'.
Anyone who vomits from being accused of something is guilty and is trying to deflect suspicion and garner sympathy. Normal people don't vomit under stress. If your daughter does, you have bigger problems than harassment. You forgot to install a backbone while you were carrying her.
2006-12-21 23:01:32 · answer #4 · answered by normobrian 6 · 0⤊ 1⤋
Sure, you can sue the school and maybe even the teachers and principal personally. That doesn't mean the case will make it to trial or that you'll win.
You need an attorney who specializes in civil law.
You'll need a retainer for the attorney. My guess would be about $10,000 to start with. If it goes to trial you'll need to come up with much more.
2006-12-21 22:45:34 · answer #5 · answered by Yak Rider 7 · 0⤊ 1⤋
Check your local phone book for attorneys who specialize in "school law." They'll be able to tell you if you may be able to bring a case (and if you're wasting your time). Otherwise, they may be able to direct you to self-help options like filing a complaint with the school board. Most civil attorneys don't handle this type of specialized work and family lawyers are for divorces, child custody matters, etc. Good luck.
2006-12-21 22:32:38 · answer #6 · answered by Tina K 2 · 0⤊ 1⤋
If this is a public scruel take this matter up with the district administrator.
sure, contact a lawyer. not sure what kind of damages you'll get out of it. also things could get complicated for your daughter at that school. best be looking for another school to send her to in the mean time.
2006-12-21 22:30:13 · answer #7 · answered by Curious_One 3 · 0⤊ 1⤋
If possible attend the next school board meeting. If it's not open to the general public, contact a member of the school board at his or her home. Start there and see what you're advised to do.
2006-12-21 22:29:06 · answer #8 · answered by sparkie 6 · 0⤊ 0⤋
You can sue anyone for anything, but that doesn't mean that you have a chance of winning.
It would probably be easier to move to another school.
Citicop.
2006-12-21 22:27:13 · answer #9 · answered by Citicop 7 · 1⤊ 0⤋
The education system is a screwed system. Most (not all) teachers are of very high ego. Because of this, do NOT talk to them much, but let your lawyer do the talking.
"NO best answer please"
2006-12-21 22:41:21 · answer #10 · answered by ??? 1 · 0⤊ 0⤋