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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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Customer Question

Submitted: 1 year ago.
Category: Legal
Expert:  Ellen replied 1 year ago.

Hi Mike

Customer: replied 1 year ago.
Nice to contact you again. I don't know if this is something you have experience with, but I'm considering suing ACS (the NYC Agency for Children's Services). The headline is that a 9 year old girl, put up to it by her mother (a Mexican battered mother still in contact with one of her 5 children's father, despite his beating her twice (the second and maybe the first time where most of the children could see and/or hear), lied (she almost certainly was set up by him as he wants the apartment) and claimed sexual impropriety by me. So an ACS Worker, followed in 10 minutes by 2 detectives, told me I HAD to leave, which is false. The detective told me a few days later that he recommended I leave, but I didn't have to. With my 60 pound it bull, no way I could get a hotel room and wound up sleeping on a park bench with my dog. So that is my first possible suit against her and/or ACS for lying. Secondly, I've done many foster care alleged sexual abuse evaluations, and it is not hard to tell if a 9 year old girl is lying. Furthermore, had they checked about me, they would have seen that I've been fingerprinted many times by the Dept of Education (for whom I've worked for 25 years and in foster care for near that amount of time, have no negative allegations against me in over 40 years, am author of 2 books and 25 articles for parents, have been interviewed many times on tv and in major magazines and newspapers and more. The Detective researched me a few days later and found out all of this. There are pitifully few hotels that take dogs, they are hugely expensive, I'd have to pay at least $100 a night for a decent hotel and $25 a day for my dog, and I just don't have that kind of money, so I'm in a Homeless shelter. It is extremely hard to find landlords who will take a fairly big dog, my life and job looking (I'm still out of work and have made extremely little money that last 2 years and not that much more the previous one. I moved into this apartment about 3 months ago, and the move cost about $1,000 in total. And of course imagine the mental embarrassment and anguish of being in a shelter with many recently released prisoners and psychiatric patients.
So do I have 2 law suits - for all of the latter (ACS basically decided I was guilty and gave me no opportuntity to establish my superb credentials and the fingerprinting and decided that I had to leave. And for the rotten sexual abuse evaluation of the girl) and the nasty ACS worker in specific. She totally ignored stuff I tried to tell her about my self. If this is not your area, I understand.
Thanks much
Customer: replied 1 year ago.
ps. The apartment is fairly small and there are 9 people living in it. It is all but impossible to do any sexual impropriety and, furthermore, when the girl was in the apartment, her mother and her 4 sisters and brothers were almost always there.
You enter the apartment through a very small entrance and a very short hallway, off of which is the room where the mother and her 5 children stay. The kitchen is right next to it, and the big entrance abuts that bedroom. It has no door and one can easily hear between the 2 rooms. The living room, with it's very big archways comes right off the kitchen and starts about 3 feet off the bedroom. It is pretty big and gets a lot of natural light. There are no rugs, just one small couch, the floors are wood so sounds are loud. You then exit the living room and right off it is a bedroom occupied by a Dominican couple in their 40s who have been there for 2 years. They are both big, strong and very assertive. Then there is my room off the little hallway that runs to the bathroom. Also, the intercom is opposite my room, and when the doorbell rings, 3 to 5 times a day the mother or oldest boy come and answer it. With 8 people using the bathroom in addition to coming for the bell, there is a lot of traffic past the living room and to the kitchen and out the door. Like I said her mother is almost always there when she is and her 12 year old sharp brother is always, plus the 7 and 5 year old children.Someone would have to be insane and downright stupid to attempt anything.
Did ACS come look at the apartment before they found me guilty and threw me and my dog out at 8 PM? I doubt it.Nor did they give me the opportunity to give my side of it, indicating they obviously checked nothing of my background.
The ACS worker (Black) had an angry frown. The 2 detectives were quite nice and helpful.
The detective pointed out that even when totally exonerated, it would be very unwise to live there, since if the mother called 911 and again made up a lie, it could obviously go very badly for me.So my entire life is majorly disrupted, the $1,000 for the move 2 months before totally down the drain. I'm probably going to have to pay the movers to pack me at $100 an hour plus lots of money for boxes that I could get off the street if I was in my room and could stack them in it.Quite a story,, huh?
Thanks Ellen.
ps. It would be better a lot better to email me at***@******.***, but if you can't you can use this. I'll just get back to you slower.