Jury finds girls, parents liable for calling teacher 'perv'
Two years after San Jose schoolgirls branded a teacher as a "perv" and "creeper" who inappropriately touched kids and peeked into their restroom, a civil jury Friday found the children and their parents financially liable for defamation in a case that pitted the rights of the accused against the aim of reporting perceived abuse.
The jury awarded $362,653 in compensatory damages to former Catholic school physical education teacher John Fischler after finding the families spread false statements about him that damaged his reputation. The 49-year-old broke into a huge smile Friday when he heard the favorable verdict, which his lawyer characterized as "complete vindication."
"I'm grateful the jury was able to see through the smoke screen and the truth came out." Fischler said in a choked voice outside the courtroom. "There's always going to be a scar. But the jury saw through the deception."
The Santa Clara County Superior Court panel also found that one of the girls -- who was 11 years old at the time -- acted with malice and is liable for punitive damages. The jury will decide how much during the second phase of the trial, which begins Monday. Judge William J. Monahan admonished jurors not to discuss the trial until it's over.
The verdict shocked the families and their attorneys, who were confident that the jury would heed their warning that a decision against them for complaining that the teacher made their children uncomfortable would have a chilling effect on the reporting of school abuse.
...
The unusual case began in 2011 when administrators at Holy Spirit school in Almaden Valley were told that teacher John Fischler had inappropriately touched their 10- and 11-year-old girls and peeked in a girls' bathroom. School officials and police cleared Fischler of sexual misconduct.
full: http://www.mercurynews.com/crime-courts/ci_24535161/jury-finds-girls-parents-liable-calling-teacher-perv
= new reply since forum marked as read
one of these days. 
