QUESTION

If a private christian school divulges a famillies financial status to a disinterested 3rd party, as well as telling that 3rd party "that family is

Asked on Jul 13th, 2012 on Libel, Slander and Defamation - Nevada
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not in good standing" with the school, have they violated any civil rights, and/or committed slander or defamation to that families character? The same private school threatened our family with our son''s immediate expulsion (can provide further written documentation of this threat) as well as rescinded 50% financial aid to our family because in their eyes, we spoke "negatively" about the school. (everything that was said was true, we just voiced our displeasure)
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1 ANSWER

R. Christopher Reade
An action for defamation requires a person to prove four things under Nevada law: (1) a false and defamatory statement; (2) an unprivileged publication to a third person; (3) fault, amounting to at least negligence; and (4) actual or presumed damages.  You have not indicated that the statements that the school made were false; if the school divulged truthful information, defamation will not lie-- no matter how malicious you believe the publication to have been.  In fact you note that the school was offended by you publishing statements about the school but that you believe that you should be protected because everything you stated was true. Is it a violation of civil rights?  No. The claim that you may have lies in certain statutory and administrative protections of private financial information, as well as common law claims for invasion of privacy.   The term "invasion of privacy" really encompasses five different types of claims in the State of Nevada: (1) unreasonable intrusion upon the seclusion of another; (2) appropriation of the name or likeness of another; (3) unreasonable publicity given to private facts; (4) publicity unreasonably placing another in a false light before the public and (5) invasion of the right of publicity. It is the third (wrongfully publishing private facts) and fourth (false light) claims that may be implicated in your facts.  One thing to ask however if that each of these claims are going to require you to prove damages arising out of your claim.  You should have an attorney review your facts with you, including whether the claims rise beyond mere embarrassment to an actual actionable claim.  
Answered on Jul 14th, 2012 at 1:29 PM

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