My kid got threatened and pushed by a parent of another kid

[newbies]

California

There is something absurd happening in my son's school.

One studend in the class of my son (3rd grade) has a grandpa who lives nearby the school. During recess time, he would come to the school to protect his grandson. If some other kids bother his grandson he would yell, push, drag the kid. Once a kid touched his grandson, he dragged that kid onto the ground and to the office. He would stare at other kids even when they are just passing his grandson.

Today, when school finished, the old man stopped my 8 year old son who was on his way to meet his afterschool teacher, blamed him for putting his grandson clothes into a trashcan (my son didn't do it as later found out), pushed my son at his chest, yelled at him, threatened him. He didn't stopped until the principal threatened to call police. Because of this my son missed his afterschool teacher and had no where to go. When he came home he was very sad and frightened.

Is there any chance that I can sue the man and possibly the school and what immediate action should I take?

Thank you very much for your advice.

Hula

 

[CALIF-LAWPRO62]

There is something absurd happening in my son's school.

One studend in the class of my son (3rd grade) has a grandpa who lives nearby the school. During recess time, he would come to the school to protect his grandson. If some other kids bother his grandson he would yell, push, drag the kid. Once a kid touched his grandson, he dragged that kid onto the ground and to the office. He would stare at other kids even when they are just passing his grandson.

Today, when school finished, the old man stopped my 8 year old son who was on his way to meet his afterschool teacher, blamed him for putting his grandson clothes into a trashcan (my son didn't do it as later found out), pushed my son at his chest, yelled at him, threatened him. He didn't stopped until the principal threatened to call police. Because of this my son missed his afterschool teacher and had no where to go. When he came home he was very sad and frightened.

Is there any chance that I can sue the man and possibly the school and what immediate action should I take?

Thank you very much for your advice.

Hula

My response:

Well, you can "Hula" your way to another site, because:

US Law Only - WHEN POSTING A QUESTION, YOU MUST INCLUDE THE NAME OF YOUR STATE​

IAAL

 

[stealth2]

You're in luck, IAAL - she's in CA, according to her other post.

 

[newbies]

My state is california

I am sorry I forgot to mention my state.

 

[CdwJava]

Call the police and call the school to see why he is being allowed on campus.

As for suing someone, without damages that's gonna be tough. Just contact the police and the school for starters.

- Carl

 

[GaAtty]

Take out a (criminal) warrant for his arrest for simple battery and simple assault. You can also do a civil lawsuit for battery and assault, but why do that (which will cost you money)if the DA will arrest him for free on a warrant? The DA's office will be able to tell you about any other charges you could press. You cannot sue the school on this, they have immunity. However, you should let the principal know immediately.

 

[CdwJava]

Take out a (criminal) warrant for his arrest for simple battery and simple assault.

FYI, Citizen's can't do that in CA. A report would have to be made and the DA would have sole discretion to seek a warrant.


- Carl