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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118187
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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The elementary school principal called cps on our family after

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The elementary school principal called cps on our family after knowing the child had behavioral issues and then took the child into her home after cps took him from our custody. I have testimony from a private investigator from an employee of the school stating that the principal did it to only improve her negative image amongst staff. The school had worked with our family for five years prior with no allegations of child abuse. Since then the situation has devastated our family can I sue the school district for damages if so how and what type of lawyer would take a case against a school district?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I am afraid that before you could sue the school or the principal personally, what you have to do is prove that the CPS report was false. The principal's motives from making the report only become important if you prove the allegations she made were false, since she is a mandatory reporter.

There are quite a few civil rights and general litigation attorneys who will take on the principal for making a false allegation of abuse. However, again, you have to prove that the allegations were false.

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Customer: replied 4 years ago.
Through time and the child's behavior the report has proved false. We have statements from the child that support that, also a foster family reported in a pi investigation that the child was making those allegations again randomly. Criminal charges were dropped after da files case. The history is not there were the child's behavioral issues are there that support these actions. So you suggest just a civil lawyer to approach for this situation probably specializing in cases with the school district.
Thank you for your follow up.

All of those facts and evidence would be used to prove your claims against her. Yes, I would suggest to get a family law attorney specializing in DCF complaints to pick up the case and look at suing over the false complaint and her conduct.
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Customer: replied 2 years ago.
Do you know the statue of limitations on a case like this against the principal?
What state is this in, since the federal civil rights statute for this depends on the state statute of limitations for personal injury.