The S.R.S. complaint was found to be a completely false fabrication. It was done for monetary gain. I need to file a "John Doe" lawsuit in JOCO and have the court order S.R.S. to disclose the names of the persons who knowingly filed a false report. This is a case of pure malice. I know who did it, but SRS will not disclose names directly to me.
P.S. if the person who made the false complaint (stated they WITNESSED actions that were found to 100% never have taken place) is a family member - can this be construed as DOMESTIC VIOLENCE? I would like to be able to have them charged with Domestic Violence (its not their 1st time for DV either).
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The Kansas Bar Association provides a lawyer referral service that may be reached at 1 (800) 928-3111.
A lawyer will likely need to learn more about the facts and circumstances before advising you whether you have a claim worth pursuing. Without limitation, there is an immunity statute and a statute of limitations that may or may not apply to a claim against a person reporting actual or suspected abuse or neglect of children, depending on the facts and circumstances of each specific case.
Kan. Stat. Ann. § 38-2223 (f) provides: Immunity from liability. Anyone who, without malice, participates in the making of a report to the secretary or a law enforcement agency relating to a suspicion a child may be a child in need of care or who participates in any activity or investigation relating to the report or who participates in any judicial proceeding resulting from the report shall have immunity from any civil liability that might otherwise be incurred or imposed.
Malice is a state of mind characterized by an intent to do a harmful act without a reasonable justification or excuse. PIK-Civil 4th § 103.05 (2008).
K.S.A. § 514 provides: "The following actions shall be brought within one year: (a) An action for libel or slander. . . . ."
Other potential claims may have a different limitations period.
K.S.A. § 38-2223(e)(3) provides: “Any person who willfully and knowingly makes a false report pursuant to this section or makes a report that such person knows lacks factual foundation is guilty of a class B misdemeanor.”
An act performed with a designed purpose or intent on the part of a person to do wrong or to cause an injury to another is a willful act. PIK-Civil 4th § 103.04 (2008).
Criminal activity may be reported to the Office of the Johnson County District Attorney at (913) 715-3050.
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