Hello again John,
My name isXXXXX'm a licensed attorney. Glad to try and help out.
Sure sorry for the painful circumstances, truly. My heart goes out to you folks.
Accordingly, I'm happy to share some good news in the following sense.
Yes, you certainly do have every reason to seek redress here. In fact, there's a legal doctrine called defamation
per se, meaning some statements are just so outrageous as to always be deemed defamatory. A very classic example is an unfounded accusation of a criminal offense such as you're described. What is of particular concern to me is two factors. First, the fact that your son did not engage in the vandalism, and in fact did not enter the premises, seems to have be entirely overlooked. Secondly, the dissemination of such details is cause for serious concern, and I absolutely share your views in this regard.
Having carefully read and considered everything you posted, here is what I would recommend based on the information you have shared. I would have the case screened on the merits by a plaintiffs' trial attorney. If an attorney accepts the case pursuant to the customary contingency fee agreement there would be no up-front charges to you. Rather, your legal counsel would only get paid out of the proceeds of a verdict
or settlement if he or she were successful in obtaining a favorable outcome and winning the case on your behalf.
This can only be done through having a lawyer review your circumstances, meaning it cannot be done in this online informational venue. In other words, you have done all you can do, your next step at this juncture is to confer with legal counsel, but the good news is that process is entirely free of charge to you.
I can only imagine what a stressful and trying time this is for you, so please believe me I mean it when I say I am glad to say there is a way to seek justice without having the burden of trying to pay attorneys' fees . To help folks in this online venue, I am required to follow site rules including refraining from accepting cases and/or making direct referrals to named attorneys.
However, I can tell you where I would turn were I in your very shoes. Toward that end, my very next step would be to take advantage of the resources of the non-profit, American Bar Association accredited, National Board of Trial Advocacy Division of the National Board of Legal Specialty Certification. Here is a listing of all such Board Certified Civil Trial Advocates practicing in your jurisdiction (please just click the following link):New Mexico
There are many perfectly fine general referral resources available, but on account of the particular nature of your cause of action, the one I mentioned is definitely my personal preference. Given that this is a private institution, in particular, provides more incentive (for lack of a better description) for a reviewing attorney. Meaning, it's much more difficult to sue a public institution from both substantive and procedural points of view. Also, there's a legal doctrine called Respondeat Superior
, which can make the employer liable to answer with its "deep pockets" in terms of monetary damages. The botXXXXX XXXXXne is that yes you do have every reason to proceed here.
If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.
I truly hope all works out for your son, and I send my best wishes to your entire family!