• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Possible defamation suit

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

macgyverguy

Junior Member
What is the name of your state? Louisiana

I'm trying to figure out whether or not I should sue someone over what is most definitely slander and libel. I currently have a case pending in the United States Middle District regarding First Amendment rights violations, as well as FERPA violations, against Louisiana State University for their actions in this situation.

The case stems from a vindictive ex-girlfriend. In October of 2006, I dumped this woman because of the way she was treating my children. Less than a month later, the police showed up at my doorstep. This woman had called the police and accused me of harassing her by phone and by e-mail. I showed the police officers my phone records and e-mails to prove that she was the one actually still trying to contact me. Evidently, she got tired of me not answering my phone and decided to make a false report against me. The police officers told me not to worry about it and they just asked that I be sure to not have any contact with her. I told them that wouldn't be a problem, but I expected the same thing from her.

Both of us were full-time students at LSU at the time. The following day, this woman went into the Office of Judicial Affairs and filed a complaint, again claiming that I was harassing her by phone, e-mail, and on Facebook. None of this was true as I was doing anything I could to get away from this woman. Without any proof whatsoever, Judicial Affairs opened an investigation into me.

Needless to say, after almost a year of half-witted investigating which was very biased, I was found guilty of harassment because I told this woman that I would testify against her in an ongoing custody battle that she was in. Supposedly, that was perceived as 'a threat' to this woman's academic environment. Yeah, whatever. That's one of the reasons why the lawsuit is pending in the federal courts.

During the course of the investigation, this woman claimed that I was beating one of my children with a hairbrush. This caused the Judicial Affairs office to investigate my family affairs, more specifically by contacting my child's day care center and speaking to her teacher and the director of the center. That's where FERPA comes into play.

Over the summer of this past year, a hearing was held in my absence regarding the matter. In the hearing, this woman lied repeatedly to the hearing panel and accused me of stalking her, harassing her by phone, harrassing her by e-mail, threatening her, you name it...she accused me of it. At one point, she even says that she was "fearful for her life" because of the way that she accused me of acting. At no point in time was this woman ever asked to produce any evidence to back her stories up. In fact, the asst. director of Judicial Affairs sat in the room of the hearing with my phone records in hand and never once bothered to show them to the panel. The panel never asked for them either. It was a kangaroo court, plain and simple.

Since that time, I have learned from an LSU Police Officer that this woman had accused two men of crimes while at LSU. One was accused of rape, the other of sexual assault. Clearly, this woman either has very bad luck with men or she likes to file false reports. My guess is the latter considering all that she did to me. She also had pending domestic violence charges pending against her in a parish court.

I have had a psychological examination done which clearly shows that my grades have been effected by this matter. In a matter of one year, my GPA dropped from a 3.17 to below a 2.0. I've been on academic probation for a year because of all of this. Over the course of two semesters, I managed to pass two classes out of 24 hours attempted. Both of those classes resulted in D's. I've basically lost one year of my academic work, along with any chance that I ever had for going to graduate school. As a 33 year old single father, I came back to school with every intention of going on to get my Masters and PhD to provide a nice life for my children.

My question is whether or not I would be able to go after her for defamation of character by means of slander and libel. The slander would be the spoken testimony that she provided to the hearing panel and police officers, while the libel would be the written statements made to police and the Office of Judicial Affairs. She has also said a number of derogatory things about me on Facebook, accusing me of stalking her, calling me psychotic, etc, etc. I've lost over $20,000 in the past year, along with hundreds of thousands of dollars in potential earned income thanks to the vindictive ways of this woman.

Any help that anyone can give me would be greatly appreciated!
 


quincy

Senior Member
You may have a defamation case against this woman for what she posted on Facebook, but what she said in the hearing would be privileged.

I would contact an attorney and go over with him/her all that has happened between you and this woman since October of 2006, and provide as much documentation as possible. This woman sounds like someone who thrives on drama, unfortunately, and the police investigations and court cases seem to be providing it.

Because your situation is such a complex one, all of the information needs to be reviewed by an attorney to determine what course of action would be best to pursue.
 

macgyverguy

Junior Member
I think part of the problem would be whether or not the things told to the hearing panel would be considered privileged since I have copies of the recordings and transcripts from the hearing. Since the hearing panel was regarding my disciplinary record with the University and not her's, would that still be privileged?

I'm hoping to file this case on my own if at all possible. As a full-time student, I don't have the funds to pay an attorney to handle the matter. I've qualified as a pro se litigant in the federal courts, so I know I can do the same in the state courts. I've handled my custody cases and child support issues in the past, so arguing a case in court comes naturally to me. My biggest thing would be filing the appropriate paperwork.

One other question I have. Does anyone know if I would have to file in a federal court or state court? She is a citizen of Pennsylvania now, but the incidents took place while she was a resident of Louisiana.

And I agree with you 110%. She does love drama and continues to cause it to this day. I would love to find out the information regarding the other two men that were accused by her to see exactly what their stories are. I'm sure she pulled a fast one over on them too.
 

quincy

Senior Member
macgyverguy -

The Judicial Office at LSU is responsible for investigating alleged violations of University rules and for implementing the discipline process. Information on potential violations of the Student Code of Conduct can be provided to the Office by "referral agents" (police, faculty, staff, other students) or by witnesses who have information regarding a violation.

All of the hearings ar recorded and transcripts of the hearings are available, however all of the information provided in these hearings is considered "privileged" - those testifying in front of the hearing panel are "allowed to speak freely without fear of judicial action" from any of the statements made. Decisions are based solely on the evidence presented at the hearing and are decided based on clear and convincing evidence.

Any defamation suit you would want to bring against this woman should probably be brought in a Louisiana state court, and you will be limited, it seems, to those defamatory comments she made on Facebook.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top