Acworth, GA asked in Education Law for Georgia

Q: Hello I am asking about if I could sue a school for putting me in court for a crime I didnt commit after being proven in

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1 Lawyer Answer
Todd B. Kotler
Todd B. Kotler
  • Education Law Lawyer
  • Canton, OH

A: Successfully suing a school for accusing someone of a crime they didn't commit can be challenging at best. Here's why:

Immunity: Schools and their employees often have legal protections, such as governmental or sovereign immunity. These protections shield them from certain lawsuits or claims, unless you can prove they acted with malice towards you. This is a very high standard of proof.

Good Faith: Schools are generally acting in what they believe to be the best interest of their students and the community. If a school reported a crime based on what they genuinely thought was true, even if it turned out to be a mistake, they are usually protected from legal consequences.

Legal Process: Accusing someone of a crime typically involves a legal process, which means that the school might have followed the necessary steps before reporting the incident. In most instances they are what are called "mandated reporters". That is some accusations must be reported. They might have involved the police, who then conducted an investigation. If the school acted in good faith and followed the proper procedures, they are less likely to face legal consequences for reporting the incident.

However, it's important to note that there may be exceptional circumstances where you could have a case against the school. For example, if the school intentionally and maliciously accused you of a crime they knew you didn't commit, you might have grounds to sue for defamation or intentional infliction of emotional distress. But these situations can be complex and require strong evidence to support your claims.

Ultimately, it's best to consult with a local lawyer who specializes in this area of law if you believe you have a legitimate case against a school for falsely accusing you of a crime. They can provide you with personalized advice based on the specific details of your situation. Good luck.

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