Legal Question in Civil Rights Law in Massachusetts

Arrest & Suspension from College

My son was arrested and suspended

from college for assault & battery on

a campus public safety office. He

claims he never touched the officer.

I was on the phone with him while

this was happening and could hear

what was going on. The officer lied

to me on the phone and lied on his

statement. Their internal judicial

process (which was a joke) found

that my son had not consumed

alcohol which the officer had claimed

but they still suspended him for the

assault. My son asked that public

safety be called after having an

argument with an ra. When the

officers arrived one of them started

screaming at him without asking

what had happened. In defense he

said he called the officer ''big ears''.

Subsequently 3 officers threw him to

the ground and arrested him. I

asked lfor an investigation which

never took place. He was permitted

to remain on campus for 4 weeks

after the incident. During this time

he was harrassed by public safety.

He had no past disciplinary problems

and was a good student (3.03 gpa).

Can I sue for a refund and the

emotional distress this has caused?


Asked on 5/01/08, 10:33 am

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

Re: Arrest & Suspension from College

You do not have a claim for emotional distress. Your son must follow the appeal process all the way to the office of the president of the college. If you are still not satisfied, you may file a judicial appeal. The steps that I have just described are applicable to most states. Remember, your son's failure to meet the required deadlines during any of the appeal stages will render the judgment appealed from as final.

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Answered on 5/01/08, 12:30 pm


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