Legal Question in Civil Rights Law in Florida
On Oct. 14, 2010 my 16 yr old son who has been depressed threatened his life and ran away. After 4 hours the police found him and he was Baker Acted. All of our neighbors were very concerned and came to our side to be a support for us. After our child was found he was sitting in the back of the police car. The officer brought him home to us before taking him to a facility for the 72 hours. A 16 yr old girl in the neighborhood went to school the following morning and gossiped to everyone that my son was arrested. My son was totally embarrassed by this and refused to go back to school after one day because his peers were making jokes not knowing the real problems. He fell back into a depression and was just sleeping every day almost all day last week. Hopefully he will go back to school tomorrow morning and not be the subject of everyon's joke. My question is: Can we sue this girl for defamation of character for my son.
Thank you for your attention to this matter.
Mrs. Anne Triolo
1 Answer from Attorneys
Probably not. If she told what she saw (that your son was brought home in a police car) this is the truth and not slanderous. It sounds as if your son has serious problems and chances are, the other students are aware of his problems. While school kids can be cruel, it is a fact of life, that cannot be regulated by the courts. A talk with your son's school counselor may be a good idea. Perhaps the counselor can speak to the girl and encourage her to have some empathy toward your son. Your son needs a friend at this point, not a father who is suing a fellow student.
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