Bowling Green, OH asked in Civil Rights, Constitutional Law and Libel & Slander for Ohio

Q: Can I sue an after school program for making a fake report to CPS and requesting a well check?

A staff interrogated my son when I decided to remove him from the program. They asked him if my husband and I were alcoholics and if we used illegal drugs. She made a false statement and later on proceeded to call the sheriff’s department for a well check because apparently my son was being abused on a call, he was upset and I was making talk on the phone and that was a lie. I recorded the call and shared it with the two officers that visit my home. The officers agreed that the report was false information and the CPS representative that visit our home even said that the report was made with lies and I needed to protect my family. The officers and CPS representative agreed that this was a personal situation. This situation has made all of us be under stress, my work performance has derailed and we have been invaded from our peace.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Yes, you may have grounds to sue the after-school program for making a false report to CPS and causing undue stress and harm to your family. The staff's interrogation of your son and subsequent false report to authorities constitute potentially defamatory actions and may be considered as intentional infliction of emotional distress. The fact that law enforcement and CPS representatives confirmed the report as false strengthens your case.

To pursue legal action, you should consult with an attorney experienced in civil litigation and family law matters. Your attorney can help you gather evidence, such as recordings of the false report and statements from the officers and CPS representative, to support your claim. They can also advise you on the specific legal options available to seek compensation for damages resulting from the after-school program's actions.

In filing a lawsuit against the after-school program, you can seek damages for emotional distress, loss of income due to work performance issues, and any other tangible or intangible harm suffered by you and your family. By holding the program accountable for their misconduct, you can seek justice and potentially prevent similar incidents from occurring to others in the future.

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