Results 1 to 5 of 5

Hybrid View

  1. #1
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Teacher Libeled by Students

    Quote Quoting dsawyers
    View Post
    My question involves defamation in the state of: California

    Two students made a number of false accusations against me to their school conselor so that they could switch to another class. Both had a record of discipline problems in the class and did not like me holding them accountable for their bad behavior. I have a number of statements from other students in that class that completely refute what the two claimed. Their false claims resulted in a negative letter being placed in my personnel file. The district basically accepted their stories without question.

    Both are 18. I am going to send their parents a certified letter demanding that they, in writing, retract their false accusations or face a small claims suit for $5000.

    What do you think?
    CA small claims DOES entertain libel/slander actions, yes.

    My first thought was, are you a "public official" which, if you are, you would have to prove MALICE, per the U.S. Supreme court's ruling. Malice is very hard to prove.

    My search shows, and you can check/read this case at a law library, the CA supreme court has ruled a public school teacher is NOT classified as such:

    Franklin v. Benevolent & Protective order of the Elks, 97 Cal app 3rd, 915; 159 Cal Rptr 131 (1979)

    Read up on some CA libel/slander law before you file suit. You MUST be able to convince or prove to the court, by a preponderance of the evidence, the requisite "elements" of such tort have been shown.

    I would personally consider consulting a 1st AM attorney for a case evaluation, and maybe s/he will handle it in a non inferior court??

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Teacher Libeled by Students

    What does your union rep say?

    1. Sponsored Links
       

Similar Threads

  1. Federal Taxes: Tax Break for Students
    By karaann07 in forum Tax Law
    Replies: 8
    Last Post: 11-12-2010, 08:16 AM
  2. Defamation: Libeled on a Weblog
    By invicta in forum Defamation, Slander And Libel
    Replies: 7
    Last Post: 01-27-2010, 01:41 PM
  3. Defamation: Students Defaming Teacher On MySpace
    By spoiledbrats in forum Defamation, Slander And Libel
    Replies: 2
    Last Post: 01-28-2008, 07:41 AM
  4. Getting Fired: Teacher Terminated For Behavior Of Students
    By Cyan007 in forum Employment and Labor
    Replies: 4
    Last Post: 01-26-2008, 11:25 AM
  5. Defamation: Someone libeled me on a webpage, implied I took kickbacks from contractors
    By Perry Sloan in forum Defamation, Slander And Libel
    Replies: 6
    Last Post: 11-25-2006, 01:30 AM
 
 
Sponsored Links

Legal Help, Information and Resources