Defamation of a Grade School Child Though False Accusations

**BROBS** · 10-12-2010, 08:15 AM

My question involves defamation in the state of: New Jersey

I have a first grader that recently had a police report filed against him by a parent of another child on his bus. On several occasions there were interactions between my child and his that consisted of "normal" first grade behaivor. The other child proceeded to go home and tell his parents that my son had purposely injured him. I have checked with the teachers, the bus driver and the principal of the school and the information that they have is to the contrary, that is was a case of normal "age level" play. I am totally taken aback and shocked that an adult parent of a child would be so irresponsible as to file a police report against my son based upon information from his first grader and no basis of fact. What can I do to correct this situation? Is there any direction that I can take?

**cyjeff** · 10-12-2010, 09:05 AM

A parent hears from their child that he was injured.

The parents call the police... as is their right.

**BROBS** · 10-12-2010, 09:09 AM

Yes, I understand that as a parent...However, this accusation will now follow my son through his time at school in this district. Since this is not based in fact, this is potentially going to effect my son, potentially allowing his future teachers to pre-judge him based upon his school file.

**aardvarc** · 10-12-2010, 09:21 AM

As if a teacher is going to be SURPRISED by such conflicts? No. You'd be surprised at the number of parents who want to have 5 year olds charged with felonies for pushing their child down on the playground - and who, as Uncle Jeff pointed out, file a police report on such matters (as is their right). The flip side of it is that the filing of a police report is only that, a report. I can report that I saw UFOs on my way to work, and it'll have about the same result. This won't be anything new, exciting, or even interesting to teachers, who see these reports in records of perfectly fine and well adjusted children every day.

**flyingron** · 10-12-2010, 09:21 AM

You can't sue people for imagined future injuries.

You can request the school records for your son and take action against what is there but the worst you have is parents believing false statements made by a seven year old, which is not really likely to be actionable.

**BROBS** · 10-12-2010, 09:39 AM

Thank you for all your responses. I guess I find it unfathomable that a parent of grade school children would even think that it is "appropriate" to file a police report against a 6 year old. I understand if there was sufficent injury, but this was no more than playing (which other kids on the bus do as well). So much for common sense in this world. I am still going to speak to the principal, but as far as a legal avenue, you all have definately put it into perspective. I will pursue as a concerned parent now.....

**cyjeff** · 10-12-2010, 10:12 AM

Quoting BROBS

Thank you for all your responses. I guess I find it unfathomable that a parent of grade school children would even think that it is "appropriate" to file a police report against a 6 year old. I understand if there was sufficent injury, but this was no more than playing (which other kids on the bus do as well). So much for common sense in this world. I am still going to speak to the principal, but as far as a legal avenue, you all have definately put it into perspective. I will pursue as a concerned parent now.....

Maybe the other parents heard or saw a much different story than you did.