The family of Kristin Smart filed a lawsuit against Cal Poly, San Luis Obispo this week – accusing the university of being “at least partially” responsible for her murder.
The family is suing the university for negligence, wrongful death, and negligent infliction of emotional distress.
Cal Poly, San Luis Obispo issued a public apology to the Smart family in May, stating “there are things that should have been done differently.”
Mark Lewis, a lawyer representing the Smart family, said the apology raised suspicion for the family and set the lawsuit into motion.
“That's really what opened their eyes to the fact that the university knows something – knew something – before Kristen disappeared,” Lewis said.
Paul Flores was convicted in March of murdering Smart while they were both students at the university.
The lawsuit revealed before Flores killed Smart, Cal Poly received at least five reports accusing him of stalking and harassing other students and staff.
Lewis said the university never disciplined Flores, a move that could have saved Smart’s life.
“He would have been expelled or suspended or kicked out of the university. and really any of those things would have deprived him of the opportunity to murder Kristen,” Lewis said.
The lawsuit also accuses Cal Poly Police of botching the initial investigation.
The department allegedly waited four days after Smart’s disappearance to file a missing person report and more than two weeks to search Flores' room – on top of several other alleged mistakes.
Because of the delays, it took almost 25 years to convict Flores. The lawsuit says this caused the family "decades of emotional distress and trauma.”
Lewis said this caused the family decades of emotional distress and trauma.
A Cal Poly spokesperson told KCBX the university has no comment at this time.
