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Principal knowingly allows false trespassing charges to be filed.

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jojajn

Member
Okay, well go ahead and try. It's not going to happen.

The school didn't charge your son with trespassing, arrest him, or put him on trial. They may have accused him, but they didn't charge him. They don't have that power. The police conducted an investigation and apparently it was believed that there was enough evidence against him.

But go ahead and give it shot. Call your lawyer in the morning. Good luck.
Apparently it was believed by the judge that there was no evidence. :rolleyes:

Look up the constitutional/civil rights of students and the school's responsibility concerning such. I didn't come here for uninformed opinions.
 


Silverplum

Senior Member
Apparently it was believed by the judge that there was no evidence. :rolleyes:

Look up the constitutional/civil rights of students and the school's responsibility concerning such. I didn't come here for uninformed opinions.
So Casey Anthony and the State of FL didn't have to pay her attorneys, either??

Oh, wait. They did.
 

jojajn

Member
From the lack of relevant answers, it appears as though mom wants to whine about something rather than find out her child's legal rights, so I'm done. Odds are the suit was with probable cause to believe the OP's child did the crime, so there is no malicious prosecution. Civil rights violation would require damages because of the breach. Here there were none.

"But, what of the lawyer fees?" says the OP.

Those are not damages from not reading Miranda, they are damages from the surrounding facts including the inculpatory statements made by the child. The state was found in violation of Miranda rights so it could not use the statements.

That in no way forces them to forget the statements in forming their opinion that the OP's son did the crime.

Notice I did not ask or care if the OP's son did any related crime. It really doesn't matter.
Except my son never made any statements of confession and no recording of this alleged confession was taken. The two students who actually did trespass were ready to testify that my son was not with them if it did proceed to trial.
 

Silverplum

Senior Member
(I finally *get* it: I now know exactly what is necessary.)


Your son is innocent. Your money will be refunded.

Thank you and good day.
 

jojajn

Member
(I finally *get* it: I now know exactly what is necessary.)


Your son is innocent. Your money will be refunded.

Thank you and good day.
Only ignorance from you.

FYI

May 11, 2010

Student sues school over false accusation
By JORDAN CRAVENS

staff writer

A former Fostoria Middle School student has sued the school district and administrators saying she was falsely accused of helping set a fire at the school in May 2008.
Student sues school over false accusation - May 11, 2010 -- Courier Electronic Edition - Findlay, Ohio
 

tranquility

Senior Member
To the OP, LdiJ wrote:

Quote:
Originally Posted by jojajn View Post
Only ignorance from you.

FYI

May 11, 2010



Student sues school over false accusation - May 11, 2010 -- Courier Electronic Edition - Findlay, Ohio
That is an interesting article and it does indicate that an attorney considered the matter valid enough that they were willing to take on the case. However, that doesn't mean that the outcome of the case will be a win for the student.
Oh how right you are. Should the district sue the student because she lost?
Lawsuit against Fostoria school dismissed - Saturday, July 17, 2010 | Courier Electronic Edition - Findlay, Ohio: LOCAL NEWS
 

jojajn

Member
Did you bother to check that link? The lawsuit failed for the same reasons you've been given here.

Talk about trolls. :rolleyes:
I found it, finally. My sons case is different in that it was the school (principal) who wanted charges brought (this is in the police report). Again, the confession did not exist but was fabricated. For reasons beyond what I want to disclose on this forum, it was not possible for my son to do what he was charged with.
 
Last edited:

I'mTheFather

Senior Member
http://streaming.thecourier.com/Issues/2010/Jul/17/ar_news_071710_story4.asp?d=071710_story4,2010,Jul,17&c=n

A lawsuit filed by a former Fostoria Middle School student against the school district and several administrators has been dismissed.

Wood County Common Pleas Judge Reeve Kelsey, in an opinion written this week, said Tyra Settles, a student who was accused and later cleared of helping start a fire at the middle school in May 2008, along with her mother and grandmother, are not entitled to any damages. They had asked the court to grant them more than $1 million in damages.
 

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