Teen Falsely Accused of Racist Bullying Wins $3.2 Million Verdict From Texas Jury

In a rare incident, a Texas Jury ordered a mother and her attorney to pay $3.2 dollars for falsely accusing teenagers of racial harassment. The mother accused a group of middle school students of racially harassing her son. However, after hearing the case, the jury sided with the teens and the mother and her attorney were ordered to pay damages to one of the teens they accused.

The Texas jury, presided over by Colin County District Judge, Colin County, Texas, found that Summer Smith and attorney Kim Cole intentionally inflicted emotional distress. They were found liable for inflicting emotional distress and publicizing private information about Asher Van,19. Van was accused of forcing Smith’s son to drink a cup of urine during a sleepover.

The incident occurred in February 2021 in Plano, when Smith’s son attended Van's birthday sleepover. Smith and Cole alleged that Van, who is white, had planned to humiliate her son. Smith said her son was racially profiled by Van and others present at the sleep over. They allegedly used racial slurs and forced him to drink a cup of urine.

The video of the incident surfaced on Snapchat, drawing national attention. Following the attention, Cole opened an account on ‘GoFundMe’, a crowd funding platform to benefit both Smith and her son. The campaign raised more than $1 million dollars.

As the case unfolded, the boys and their families denied that the incident was racially motivated. Van filed a lawsuit claiming he and his friends were engaging in immature conduct. While speaking to WFAA , Van said, ”It was immature, it was stupid, it was nasty. But that is not who I am and that is not who I am today.”

"This wasn’t me doing a racist act, this wasn’t me hating someone because of their skin color. This was me at an immature stage of my life, at a sleepover for my birthday doing dumb things,” Van said. He added that the public backlash following the video's release turned his life upside down.

Van's legal team argued in court that almost all details shared by Smith and Cole were exaggerated or untrue. The jury concluded that Smith and Cole’s public statements and campaign exceeded reasonable bounds and amounted to harmful defamation.

Smith and Cole said they plan to appeal the Collin County, Texas, jury verdict. While speaking to the Dallas Morning News both expressed disappointment with the decision. Smith said “Defending my son is what I should have done, and will continue to do so.” Smith told WFAA that she is trying to move forward and that her son is doing well after years of counseling.

The case highlights the broader impact high profile allegations can have on all parties involved.