False Accusation of Racial Profiling

[abc289]

What is the name of your state (only U.S. law)? California

Hello,

I have a job similar to a Resident Assistant at my campus. My job is to enforce polices at the university. While at work, I was walking down a residence hall and smelled marijuana in front of a door. I knocked on the door explaining that I smelled marijuana and that I am a Resident Assistant. The person let me inside the room and smell of marijuana was very strong. I told the person that I must call the campus police and he then accused me of "racial profiling" him. He contacted my supervisor and is setting up an appointment to meet with her on Friday. By the time campus police arrived the person sprayed a significant amount of air freshener so the smell was no longer as strong. I feel like this is completely absurd because I did not know his race before knocking on the door as well as I did not do anything to racially profile him because I just followed the policy set into place by my work. This event has affected my credibility and may possibly affect my job. Is there anything I can due to sue for this false accusation? Also, my co-worker was present with me and can attest to the strong smell. I did also knock on the door directly in front of the person and the room did not smell like marijuana.

Thank you

 

[Proserpina]

What is the name of your state (only U.S. law)? California

Hello,

I have a job similar to a Resident Assistant at my campus. My job is to enforce polices at the university. While at work, I was walking down a residence hall and smelled marijuana in front of a door. I knocked on the door explaining that I smelled marijuana and that I am a Resident Assistant. The person let me inside the room and smell of marijuana was very strong. I told the person that I must call the campus police and he then accused me of "racial profiling" him. He contacted my supervisor and is setting up an appointment to meet with her on Friday. By the time campus police arrived the person sprayed a significant amount of air freshener so the smell was no longer as strong. I feel like this is completely absurd because I did not know his race before knocking on the door as well as I did not do anything to racially profile him because I just followed the policy set into place by my work. This event has affected my credibility and may possibly affect my job. Is there anything I can due to sue for this false accusation? Also, my co-worker was present with me and can attest to the strong smell. I did also knock on the door directly in front of the person and the room did not smell like marijuana.

Thank you

Until and unless you can prove actual damages, you have no case.

 

[abc289]

Until and unless you can prove actual damages, you have no case.

What are the possible damages I can sue for?

 

[Proserpina]

What are the possible damages I can sue for?

What damages have you incurred?

 

[tranquility]

Put the lawsuit out of your mind. Because such a report might very well be protected, you would have to prove not just that it was false, but also that it was malicious. No attorney would take such a case because, if you do actually have any real damages from the claim, the university would have found the claim to be true in some way.

And, that's not even talking about any of a number of other defenses.

No lawsuit. Prepare for your meeting. Stick to the facts.

 

[ki23]

Why did you knock on the door before calling the police? One might wonder how and why you made a decision to call the police once you were in the room. Can you explain why you needed to go in the room if you were simply going to call the police based on what you had smelled already from out in the hall? Did you need to see who it was before you made your decision to 'escalate' the situation? Just be prepared for some soul-searching questions like that.

 

[commentator]

I really really doubt that unless there is a lot more to this than you are sharing with us, I'd say the chances of your losing your job are VERY slim. What exactly would they be accusing you of? Bad judgment? Did you disobey company policy or a rule? You may have had your feelings hurt, but in my opinion, nothing has really happened except that this person has hollered and they are paying it a whole lot of attention. Justpoint out to them what happened, as you did to us.

 

[CdwJava]

If you did as you indicated, then you did nothing wrong. Avoid dramatic hyperbole and stick to the facts - what you were told, why you went to the room, what you did, and what you observed. There is no need to even comment on his race as it is not pertinent to the function you were performing at the time. Unless the only people you call the police on for smoking dope in the dorms are minorities, you shouldn't have any problem at all.

It is not uncommon for people who are caught red-handed to scream some form of discrimination - the police hear it every day. Don't let yourself be disturbed too much by it.

 

[swalsh411]

I'd really like to know how you think this could hurt your reputation. You found and reported illegal activities. You were doing your job.