Gambrills, MD asked in Personal Injury, Civil Rights, Constitutional Law and Education Law for Maryland

Q: Can my sons school district be sued for violating his civil rights and false arrest along with deny him due process?

On 11/04 my son was playing in class and brush up against a girls bottom. He apologized because it was an accident. The girl told a counselor she felt uncomfortable . The counselor pulled him out of class 2 separate times and questioned him that day, him and the girl agreed it was an accident and he continued to apologize . Friday he was pulled out of class again . Monday the school pulled him out of class and forced him to write a statement . They then called the police . I was NEVER. Notified of any incident until the police called me . They charged my 13 year old with 4th degree sexual offenses. When I asked why I wasn’t notified the principal said she didn’t have time . I asked if an investigation was done she said she just found out that morning (Monday) about it . I then asked why were the police called if an investigation wasn’t done she said it’s policy. (I confirmed with the superintendent it’s not ) my son is African American by the way. There is ALOT more

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Consumer Law Lawyer
  • Sacramento, CA

A: If your son's rights have been violated through a false arrest and a denial of due process, it may be possible to bring a lawsuit against the school district. Schools have a responsibility to ensure due process before disciplining a student, and a failure to notify you could be seen as a procedural deficiency.

Moreover, calling the police without a proper investigation could potentially be a breach of the school's policies and your son's rights. It's important to gather all pertinent facts and documentation regarding the incident and the school's response.

You should consider seeking legal counsel to evaluate the strength of your case, including any possible claims of discrimination, and to navigate the complexities of civil rights law within the educational context. Acting promptly is crucial given the potential implications for your son's future and legal rights.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.