Kristin Smart’s Family Files Lawsuit Against Cal Poly for Wrongful Death and Negligence

Cal Poly Faces Lawsuit for Wrongful Death and Negligence in Kristin Smart Case

The family of Kristin Smart has filed a lawsuit against California Polytechnic State University (Cal Poly) in San Luis Obispo, accusing the institution of wrongful death, negligence, and negligent infliction of emotional distress. The lawsuit, filed on Thursday, alleges that Cal Poly failed in its legal duties in the investigation of Smart’s disappearance and subsequent murder in 1996.

The lawsuit claims that Cal Poly did not promptly pursue a missing person case for Smart, did not interview witnesses in a timely manner, and did not treat the primary suspect’s dorm room as a crime scene. It further alleges that Cal Poly allowed the suspect’s room to be cleaned and sanitized before it was searched, and did not search the room until sixteen days after Smart disappeared.

In addition to these allegations, the lawsuit accuses Cal Poly of failing to act on multiple reports of threatening, stalking, and harassing behavior by Paul Flores, the man convicted of Smart’s murder in 2022. The reports include incidents where Flores climbed onto a balcony to spy on a female student, made repeated silent and hang-up phone calls to three female students, vandalized Cal Poly grounds and property, and harassed a staff member.

The Smart family argues that if Cal Poly had acted on these reports and appropriately disciplined Flores, he would not have been on campus and would not have been able to murder Kristin. They assert that Cal Poly’s failures were not made known to them until May 2023, when the university’s president publicly apologized and acknowledged that things should have been done differently.

The lawsuit seeks financial damages, as well as attorney and court costs. The Smart family has requested a jury trial to address their claims against Cal Poly.

Kristin Smart’s tragic case has garnered significant attention, and her family’s lawsuit against Cal Poly brings new scrutiny to the university’s handling of the investigation. As the legal proceedings unfold, many are hoping for answers and accountability in the pursuit of justice for Kristin Smart.

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