someone told children's protective services my wife and i were doing drugs.we took a drug test and we were both negative and the case closed.cps does not give the reportee's name to the parents the are investigating.is it possible to still sue the reportee for making a false report and defamation of character?
2006-07-18 08:08:28 · 16 answers · asked by reginald h 1 in Politics & Government ➔ Law & Ethics
we live in texas
2006-07-18 08:09:13 · update #1
In most states, reporting a crime is HIGHLY protected speech. In some states, it is referred to as the "litigation privilege" and also protect you from being sued because of your testimony.
Because the claim would be based on state law, you should really speak with a location attorney instead of relying on the advice in this forum. Your potential claims are defamation and malicious prosecution.
2006-07-18 10:05:12 · answer #1 · answered by Carl 7 · 0⤊ 0⤋
The fourth amendment to the constitution grants you security in your person and property against unreasonable searches and seizures.
This is your right that was violated.
Not only may you sue, but you may press criminal charges against the reporter for making false statements.
Your first course of action would be to notify the internal affairs office of the police station so that they may investigate that the police acted appropriately.
Any civil judge will want to know what the outcome of these investigations are.
Next, file a claim in small claims court, or if you hire an attorney, in a higher court. Small claims gives you the option to sue without an attorney. Sue them for the maximum amount allowed in small claims, which is anywhere between $2,000-10,000 depending on your jurisdiction. These papers will be filed initially without a defendant, but you will be granted the authority to subpoena the appropriate records from the various government agencies.
Once you have the name of the defendant, you may take them to court, where they will have to explain to the judge why they did what they did.
That the charges were dropped is a sufficient requirement to prove a tort. You don't need to name the tort in small claims, the judge will recognize it. It wouldn't hurt to check out a cheap tort book so you know what to highlight when you have to prove your case.
Before you go to court, subpoena testimony of respectable people that can say good things about your character (like a minister or priest). Also subpoena the police officer.
I would be outraged by someone trying to mess up my family in this way. This is an incredible invasion of privacy with a humiliating forced drug test based on lies. They should be taken to court based on the principle of the matter.
Reporting a crime is protected speach unless there was no crime. The court case eludes me.
2006-07-18 10:16:50 · answer #2 · answered by Discipulo legis, quis cogitat? 6 · 0⤊ 0⤋
sounds like you got a ms or mr busybody in the Neighborhood. I would let this slide it may or may not have been malicious..They saw or believed that you were doing something wrong to your kids. Under this they have your childerns interest at heart. and you should be happy not angry about this. The other is that you have someone who doesnt like you at all and they did this with the intent of getting you into a little trouble for retailiation of some precieved wrong. The only way youll know this to be true if time passes and it happens more than once.. if this is the case get a lawyer
2006-07-18 08:34:26 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I believe that you would have to prove that they did it maliciously, meaning that they knew it was untrue, and they did it soley to punish you (as opposed to reporting suspicions, based on an actual concern for the welfare of your children). Especially if the damage is intangible (pride, embarrassment, etc), it may be hard to quantify how much money you would actually be able to collect. You may be able to sue for legal fees, if you incurred them in the process of defending yourself.
If you have suspicions regarding this, especially if there is a person that is harassing you for other reasons, you may have a case. Try contacting a non-profit Legal Aid organization, they may be able to help you. You would most likely have to go through small claims, where you would have to prosecute the matter yourself, but they may have some resources to help you. You could also look online- there are many legal websites that have information on topics like this.
2006-07-18 08:17:40 · answer #4 · answered by Jennygrl 2 · 1⤊ 0⤋
If you can prove the accuser knew what they said was false, then yes. If they had a reason to believed it, then reporting it was the right thing to do, even if they were wrong.
Of course, some drugs only take a few days to leave the system, so even a drug test may not be enough to prove they were lying.
2006-07-18 08:14:18 · answer #5 · answered by Anonymous · 0⤊ 0⤋
making a fals report to the cps is different than making a false report to a police station. cps' job is to investigate all crime reported, true or false. they would rather investigate 100 false reports than miss 1 real one. you could try to build a case but what is going to happen is the protection law. that person is supposed to remain anonymous, so you really couldnt sue them. plus you have the proof of the drugs tests so it really isnt defamation of character. just a false accusation.
2006-07-18 08:16:37 · answer #6 · answered by brittany110586 2 · 0⤊ 0⤋
When someone reports someone of "child abuse/neglect/endangerment" the person reporting the allegations remains anonymous. This is primarily so people don't hesitate to report cases fearing reprisal or because they know the person or worse related to the person. The goal is to protect the child, you are in a group of many, people are falsely accused everyday, some however are guilty. Be thankful that someone cared about your child and let it go!
2006-07-18 09:52:44 · answer #7 · answered by want2flybye 5 · 1⤊ 1⤋
Probably not, since the accusor is protected by law.
It's a messed up situation, but retaliation won't make things any better.
I'd be careful, though. Whoever the accusor is...they're probably still watching you like a hawk and will jump at the chance to do it again.
2006-07-18 08:21:58 · answer #8 · answered by Anonymous · 0⤊ 0⤋
i watch alot of court on tv and have saw cases about this. if u think u know who reported u and they were mad at u about something and had a reason to try and get back at u then u can take them to court and i have saw people win and they only had good reasons they thought that person would do that. sorry if it hard to understand but i think u do have a case.
2006-07-18 08:37:43 · answer #9 · answered by kim e 1 · 0⤊ 0⤋
My family and I had the same problem with people.
But since anyone who makes accusations against you is protected and thier information cannot be released to you there is nothing you can do. They are allowed to harass you anytime they want.
its really messed up isnt it.
2006-07-18 08:12:35 · answer #10 · answered by m_thurson 5 · 0⤊ 0⤋