The family of Kristin Smart, a college student whose body was never found, has filed a lawsuit against the University of California, where she is believed to have been murdered, according to court documents filed Thursday.
Paul Flores was convicted of killing Smart in 1996 at California Polytechnic State University in San Luis Obispo. They were both students at the time.
Smart's father, mother, sister and brother are accusing the university of negligence, wrongful death and emotional distress caused by the negligence.
“Cal Poly’s violations of its legal obligations include failing to promptly investigate missing person cases, failing to interview witnesses in a timely manner, failing to seal off the main suspect’s dorm room as a crime scene, and allowing the suspect’s room into “Includes but is not limited to:” “The suspect's room was not searched until 16 days after Christine disappeared, as it had to be disinfected and cleaned before being searched,” the family said in the lawsuit.
The family also alleges that other reports were made “based on threatening, stalking and harassing behavior” against Flores before Smart was killed, but were not thoroughly investigated by the university.
“Had Cal Poly properly acted on the report, conducted an investigation, and appropriately disciplined the student, he would not have been on campus and therefore could not have murdered Christine,” the lawsuit states.
Cal Poly San Luis Obispo had no comment “because this is a pending legal matter,” a media relations spokesperson told NBC News.
The Smart family says they only began to understand the university's failures in May 2023, when Cal Poly's president publicly apologized and said:[W]I recognize that things should have been done differently, and I personally hope so.”
Flores, 46, was found guilty of first-degree murder by a Monterey County jury in October 2022. He was sentenced to 25 years in prison in March last year.
Prosecutors accused Flores of killing Smart during an attempted rape on May 25, 1996, in her dorm room at Cal Poly San Luis Obispo, where they were both students.
Prosecutors said Paul Flores was the last person to walk home from an off-campus party with an intoxicated Smart. Prosecutors argued her body may have been buried under the back deck of Ruben Flores' home in Arroyo Grande.
Smart's remains have never been found. She was declared legally dead in 2002.
The Smart family says they have “experienced anxiety, despair, depression and even suicidal thoughts for 25 years, thinking that Kristin might come home, knowing her killer was still free and her body never found.” lawsuit.
Now the family is seeking a jury trial as well as monetary damages in an amount the court deems appropriate, including attorney fees.