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Can I sue a teacher, CPS or the school district for falsely accusing me of child abuse in the home?

Thousand Oaks, CA |

I recently met with my child's teacher over concern of her grades in the class. As we sat through the meeting, I was becoming more aware of the laziness my child was committing. The teacher seemed very nice and understanding. At one point of finding alot more information out that was unbeknown to me, I looked over at my child and said she was going to get it when she gets home. About a month later I recieved a phone call from CPS about an interview and what not due to that teachers anonymous tip stating I threatend to kill my child when we got home. First of all, what she stated was wrong and false, two, anonymous meaning the only two people in the room were her and I, which describes who made the phone call, and third, my child has never been hit in her 12 years existence. Help Please!!

Attorney Answers 2

  1. There seem to be a lot of facts here which aren't in your question. If the teacher had a genuine concern for the child's safety, they're required to report it. Why would you sue CPS? They're just doing their jobs. Am I missing something here? If it had been true, I would think that you would want your child's well being to come first. I understand that you are upset although nothing you've described in your statement comes anywhere near a lawsuit. Are you even sure that it was the teacher who called? It sounds like the teacher or someone had a concern, it was investigated, CPS confirmed that there's no danger to the child, case closed. Is that right? You can certainly speak with a lawyer about it. You certainly wouldn't be the first parent who didn't agree with a teacher.

    Ms. Johns is a lawyer although she is not your lawyer unless you have consulted with her and signed a fee agreement or letter agreement confirming her office's representation of you. This post does not constitute legal advice and no attorney client relationship results.

  2. Can you sue? Sure.
    Can you win? Not likely.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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