Post: #26

Hopefully the tide is turning....

Post: #27

(08-14-2015 11:16 AM)Atlanta Man Wrote:  Hopefully the tide is turning....

Regarding that tide. I hate to be the one to say the surf hasn't changed just yet, but...

Today, The College Fix is reporting a story out of Clark University in Massachusetts that's discouraging, ominous, and all sorts of other bad words. I'll summarize:

1. Boy and girl have relationship

2. She dumps him because he doesn't spend enough time with her

3. Three months later -- after she's dated someone else -- she files complaint alleging rape

4. University immediately throws him out of his dorm room during finals week -- with no warning or explanation

5. Despite "voluminous text-message evidence establishing an ongoing romantic relationship," they refuse to admit that as evidence (!!!!!!) and treat their sexual encounter like a stranger rape. They also refuse to interview his roommate who was there when they had sex

6. One of the people who decided his fate had a clear bias because he participated in that chest-thumping anti-sexual-assault BS campaign "It's On Us," and screened the film "The Hunting Ground" the night before the trial

7. Now the kid is suing the college

One step forward, ten steps back. If this guy's account is true -- and the evidence of text messages leads me to believe it is -- it seems the hysteria hasn't yet crested, sad to say.

Post: #28

^ The Clark University suit is for $75K - someone before explained that is the minimum to get to a higher level in the legal process. Would someone recap the legal strategy here?

Post: #29

(08-14-2015 12:32 PM)Engineer Wrote:  ^ The Clark University suit is for $75K - someone before explained that is the minimum to get to a higher level in the legal process. Would someone recap the legal strategy here?

Suing for over $75,000 is often a strategy to get the case into federal court if the parties are citizens of different states. This concept is called diversity jurisdiction and is a form of subject matter jurisdiction in the federal court system. If the amount in controversy is greater than $75,000 (not equal to equal to $75,000), and the parties are citizens of different states, the case can either be filed in federal court or the Defendant can remove the case to federal court after the case was filed in state court. Here, it looks like the Plaintiff is a citizen of Connecticut and the University he is suing is a Massachusetts entity, so the requirements are probably met.

Post: #30

(08-15-2015 08:46 PM)Merenguero Wrote:  

(08-14-2015 12:32 PM)Engineer Wrote:  ^ The Clark University suit is for $75K - someone before explained that is the minimum to get to a higher level in the legal process. Would someone recap the legal strategy here?

Suing for over $75,000 is often a strategy to get the case into federal court if the parties are citizens of different states. This concept is called diversity jurisdiction and is a form of subject matter jurisdiction in the federal court system. If the amount in controversy is greater than $75,000 (not equal to equal to $75,000), and the parties are citizens of different states, the case can either be filed in federal court or the Defendant can remove the case to federal court after the case was filed in state court. Here, it looks like the Plaintiff is a citizen of Connecticut and the University he is suing is a Massachusetts entity, so the requirements are probably met.

Isn't that a rather small amount seeing as how it is completely unfairly destroying the kid's life with a false rape charge?

Post: #31

(08-15-2015 09:36 PM)eradicator Wrote:  

(08-15-2015 08:46 PM)Merenguero Wrote:  

(08-14-2015 12:32 PM)Engineer Wrote:  ^ The Clark University suit is for $75K - someone before explained that is the minimum to get to a higher level in the legal process. Would someone recap the legal strategy here?

Suing for over $75,000 is often a strategy to get the case into federal court if the parties are citizens of different states. This concept is called diversity jurisdiction and is a form of subject matter jurisdiction in the federal court system. If the amount in controversy is greater than $75,000 (not equal to equal to $75,000), and the parties are citizens of different states, the case can either be filed in federal court or the Defendant can remove the case to federal court after the case was filed in state court. Here, it looks like the Plaintiff is a citizen of Connecticut and the University he is suing is a Massachusetts entity, so the requirements are probably met.

Yeah. I'm thinking that the article may be a little off-base, because it says that he is suing for $75,000 and not above $75,000. If you sue for exactly $75,000, the case should be remanded to state court, because the amount in controversy is too small. I think he is probably suing for more than that.

Isn't that a rather small amount seeing as how it is completely unfairly destroying the kid's life with a false rape charge?

Post: #32

Why the hell doesn't he use a computer that cannot be linked to him and upload all of this false rape accusers information to all the anti SJW websites?? If a women did that to me and tried to ruin my life and the university helped her I wouldn't be as nice as this guy..

Post: #33

(08-18-2015 06:07 AM)kgdonna Wrote:  Why the hell doesn't he use a computer that cannot be linked to him and upload all of this false rape accusers information to all the anti SJW websites?? If a women did that to me and tried to ruin my life and the university helped her I wouldn't be as nice as this guy..

Because doing so will cause a miss trial.


I'd also sue for the chance to finish his semester's courses as well. Let the kid finish his finals.

Post: #34

(08-15-2015 08:46 PM)Merenguero Wrote:  

(08-14-2015 12:32 PM)Engineer Wrote:  ^ The Clark University suit is for $75K - someone before explained that is the minimum to get to a higher level in the legal process. Would someone recap the legal strategy here?

If the amount in controversy is greater than $75,000 (not equal to equal to $75,000), and the parties are citizens of different states, the case can either be filed in federal court or the Defendant can remove the case to federal court after the case was filed in state court.

I misspoke, the amount is greater than $75K:

"The anonymous “John Doe” student is seeking damages in excess of $75,000 from Clark University in Massachusetts, accusing the school and several officials of “impeding his education, damaging his reputation and causing psychological and emotional harm” in response to false allegations by “Sue Smith.”"

Certainly the amount of damage to him in terms of time wasted and reputation ruined is greater than $75K. Why wouldn't he go for $250K or more, and make it worth while? Perhaps he just wants to set a precedent and impede future false rape accusing nutjobs. Can he ask for more during a later phase of the trial?

Post: #35

(08-19-2015 11:15 AM)Engineer Wrote:  Certainly the amount of damage to him in terms of time wasted and reputation ruined is greater than $75K. Why wouldn't he go for $250K or more, and make it worth while? Perhaps he just wants to set a precedent and impede future false rape accusing nutjobs. Can he ask for more during a later phase of the trial?

He may have asked for more than $75K. It only says that he asked for greater than $75K. It could be any number above that.

Post: #36

Good for him! Sad for everyone else though.

Stories like this make me certain that there is no way I am having children until I am reasonably wealthy. You gotta be able to drop 100k in an instant to save your kids.

Reminds me of a story in Canada where this poor girl needed a surgery immediately but it was only available in the US. Was going to cost 50k and the family was pleading with the community for money.

I think I might die if my son had his life completely ruined by some legal bullshit and I didn't have it in me to come up with 50k to save his fucking life and future.

Post: #37

Even if he's allowed back in, it's at least a year later. Imagine trying to jump back in to a 400 level math or science class after over a year off - a year of constant headaches and being vilified by the university and the whore he was banging. Add to that the lost job prospects from having his name libeled all over the Interwebs. The university should be forced to cough up $5mill, at least and everyone involved should be fired. The girl should be stripped of her degree along with any students on the university committee.