SAN LUIS OBISPO, Calif. — The family of a California college student who was killed in 1996 by another student filed a civil complaint against the university Thursday.
The complaint says the Smart family didn't understand the "multitude of failings" by California Polytechnic State University, San Luis Obispo, until May 2023. That's when Cal Poly's president apologized to the family, saying "[W]e recognized that things should have been done differently — and I personally wish that they had," according to the complaint.
The Smart family is suing the university for negligence, negligent infliction of emotional distress and wrongful death. The Smart family includes her mother Denise Smart, her father Stan Smart, her brother Matt Smart and her sister Lindsey Stewart.
Kristin Smart, a 19-year-old Stockton native, disappeared over Memorial Day weekend in 1996. She was attending Cal Poly at the time and Paul Flores, a long-time suspect in the case was found guilty of killing Smart in October 2022 and sentenced to 25 years to life in prison in March 2023.
The family said in the complaint they are demanding a jury trial. Among the nature of the action, the complaint details Cal Poly breached its legal duty by not pursuing a missing person's case promptly, not interviewing witnesses promptly, not sealing the suspect's dorm room as a crime scene, and not searching the suspect's room until more than two weeks after Smart disappeared amongst others.
"Cal Poly was in the best position to prevent these tragedies from ever occurring — both the death of Kristin and the freedom her murderer enjoyed for almost twenty-five years — and Cal Poly is therefore responsible for allowing these tragedies to unfold," the complaint reads.
Smart was officially declared dead in 2002, but her body still hasn't been found.
Watch more on ABC10 | Kristin Smart's parents thank law enforcement and podcast creator after conviction
