Legal Question in Civil Rights Law in California

Civil Rights counterclaim

I am an school psychologist being named in acivil rights lawsuit for a student I have only started working with in the past few weeks. The advocate has not given me a chamce to even work with the student. I am concerened as to the damage this could do to my career, having to prove a negative now or in the future. In 6 years I have not been involved in any litigation in relation to my job. Can I countersue?


Asked on 11/22/08, 4:57 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Civil Rights counterclaim

"Countersue?" No. Not unless you get a court ruling in your favor that the case against you was without merit. If you get that, and if you pay any attorney fees out of pocket, then you can seek your attorney fees.

Your employer is obligated to provide you legal defense. Make sure you cooperate with them to minimize your chances of losing.

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Answered on 11/24/08, 4:44 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Civil Rights counterclaim

First, you should tender your defense in the lawsuit to your employer. It is required to provide you with a defense.

Once it does so, speak with the lawyer assigned to represent you to determine what can be done to extricate you from the lawsuit.

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Answered on 11/22/08, 5:43 pm


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