Legal Spring Logo

"Your one and only source for online legal services"
Reviewing Legal Services Online
 LEGAL SPRING
     


Google
 
Re: file separately or in one suit slander per se and discrimination/



ManualInsert@DB.com
3/22/2004 1:51:41 PM


 
 
citpeks@earthlink.c0m
3/22/2004 2:51:41 PM


"z" <z@y.x.invalid> wrote:
An instructor working for a [state] university slandered me (per se) in
class.
Can I file a slander (per se) case against both the person and the
university
in state court,
and a discrimination case against both the person and the university
in federal court?
What makes you think that your having been slandered (per se) by the
instructor even if in a university owned building during a university
sponsored class would, without more, give you even an arguable basis
(if you were acting on good faith) to sue the university?
Yes - somewhat different principles apply in different states and you
do not say where the claimed slander (per se) occurred.
But since the generally prevailing rule throughout the united states
in the defamation law context is to the effect that, without more, the
relationship of employer-employee is not suffient to expose an
employer to liabilty for an employee's slanderous statement, that you
do not address this principle as it has been construed and applied in
whatever place the words of which you would complain were uttered may
be telling about the merits -- or is it lack of merit? -- to your
contemplated lawsuit against the university even if you are correct
that the instructor slandered you (per se).
Also, even if you were correct to assume that you will be able to
prove both that a university official with the authority to do so
directed the classroom teacher to slander and that the instructor then
did exactly that (and, of course, that the statement in question
actually was slanderous), and even if one were further to assume, as
you appear to imply, that the provably false and also provably
reputation damaging statements at issue included some sort of asserted
racially- or sexually- or nationality- etc. related feature or
perceived feature of you, what makes you think that direction to make
and then the making of such a statement would provide any (good faith
and also valid) basis for "a discrimination case" in any court?
 
 
Report this post for offensive content


site map |  disclaimer |  privacy
All Rights Reserved, Legal Spring, Inc. 2004