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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 99540
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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My son was a student at Missouri Western State University.

Resolved Question:

My son was a student at Missouri Western State University. He was accused by University staff in particular the Universities Residential Housing Director and the Universities Lawyer, of stealing another students credit/debit card but the evidence showed that he could not have stolen it as he was in his dorm hall at the time a transaction was made with the card at an ATM on campus 3 minutes away from his dorm hall. He was caught on the dorm hall video camera near the front dorm entrance at 06:10:16 am. There were several attempts made at the ATM, the first of which was at 06:11am, 45 seconds after the video shows him in his dorm hall. According to my son, the next day he received a text message between 07:00am and 08:00am, from another alleged student that my son had let use his lap top to do some math homework, whom admitted to stealing the card and making a purchase for some tennis shoes on my sons Champs Sports website account. My sons website account page stays open and does not automatically log you out even if you turn off the lap top. My son alleges that he reported it to the campus police and sent his suite mate/roommate a message via Face Book and told him about the message concerning the card and my sons lap top. My son also alleges and it was confirmed by his suite mate/roommates statement to the campus police that my son and his suite mate/room mate retrieved the debit/credit card from the second floor of another hall that neither of them lived in at the time. My son was questioned by the campus police and given a citation to appear in municipal court for a stealing charge. The housing director claimed that my son admitted the act and said in e-mails to me and to my son that he had recorded the alleged confession. The lawyer whom handled the case requested the video and alleged taped confession from the Universities lawyer but neither he nor anyone produced this evidence. When we went to trail on September 12 2013, no one form the University nor the victim, nor the Universities lawyer appeared in court for the trial and the case was dismissed for failure to prosecute. I have a recording of a conversation with the Universities lawyer where he states "we are 100% sure" that my son stole the card and made the purchase for the tennis shoes and attempted the transactions at the ATM. My sons Champs Sports account is now blocked from him making any purchases and he is now is being required by Champs, to pay for the tennis shoes before he can make any purchases on the website under his account. We don't even know if the shoes were returned to Champs or not after they were delivered to my sons campus address under his account. This seems like a set-up to me.

Q: Can I file suit against the University and those involved under the theory of Vicarious Liability for slander, and sorts and for the financial hardship that they have caused us involving these allegations?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

You can sue for malicious prosecution and negligent investigation against the university employee who allegedly conducted this investigation and lied claiming there was an admission and a taped confession. The university as employer of this person can be held liable for the actions of their employee working in the scope of their employment. You can sue for all of the costs incurred as well as the damage to your son's reputation for being falsely accused of theft and the employee lying about having a taped confession, especially when the text messages your son had proved completely the opposite.

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Law Educator, Esq., Attorney
Satisfied Customers: 99540
Experience: Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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