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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33935
Experience:  Began practicing law in 1992
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Can I sue an attorney for a slanderous report dated in 2011?

Customer Question

can I sue an attorney for a slanderous report dated in 2011? It was in court all these years as evidence
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 1 year ago.

Can you explain what kind of report it was? Also, what state is this in?

Customer: replied 1 year ago.
This was an appeal I wrote for due processEmily Shihadeh, was 8 years old when she was molested by Bryan Chamberlain. Marple Newtown School District knew he was not allowed near a child under the age of 14 and left him in their high school unsupervised while they were running a day care. Bryan's mothers employer worked for Media Court house for 35 years and Mrs Chamberlain wouldn't hesitate to tell anyone that if she ever got in trouble she had connections. I knew Mrs Chamberlain as a friend and had no reason not to believe her. Our children became friends at the age of three and my husband lived across the street from Fran Chamberlain growing up.Emily's molestation was reported to the police by both my therapist and Bryan's therapist. I am the one that reported it to Bryan's therapist. Mr Chamberlain gave me the name after I discovered what had been going on and he told me that the two 8 year old children "wanted it." The Chamberlain family lives at the top of our street. After Bryan was arrested and spent two weeks in a juvenile detention center, I received a phone call from the victims service unit telling me that the following day Bryan would be told the charges and there was no need for us to attend this meeting. Approximately four o'clock that day I received a second phone call from the court telling me that it was settled. Bryan was placed a half a block away from my daughter and his sister the other victim. The Chamberlains took great pleasure In driving by our house staring us down, throwing rocks at our home, opening our gates to let our dogs out. My neighbor actually pulled Jeff out of the tree across the street from my house. Police were involved again. The police were involved numerous times. My children were terrified. Mr Chamberlain had a house full of guns and a permit to carry. He drove around with red lights from an ambulance, and his permit to carry.I had seen the *Desert Eagle* he kept in the glove compartment of his truck many times. I went to the media court house and asked the state police what I could do and was told I could do nothing they would have to see him driving with the lights on as it wasn't illegal to own them. We lived in fear.The beginning of another daughter, Mary's. freshman year, Mary came to me and asked me to help her. Mary was afraid to go to school. Mary was afraid of the molesters brother Jeffery was a body builder. I spent the next 3 years fighting with the school district trying to get them to stop the bullying and separate the two children. The district refused to completely separate them and watched my daughter Mary go into a downward spiral. Lawyers were involved until Mary was finally put on homebound instruction at the recommendation of her doctor and therapist. Due to Marple Newtowns negligence. The districts attorney, Karl Romberger, sent me a letter telling me if after 3 years I wanted my concerns addressed, I would have to put my complaints in writing according to school district policy 248.For three years my complaints were in writing. The counselor had Mary and I in her office it seemed like every other day. I put my complaints in writing. I filed 14 individual complaints.The school district hired Gabrielle Sereni Esq to do a independent investigation. Only they hired the wife of the MNSD;s own solicitor, Mark Sereni. I notified the school board and Ms Serei I would not be participating in the investigation as this was clearly not impartial. The Chamberlain children, Jeffery and Bryan also did not participate in the investigation. So Ms Sereni,cleared the school district of any wrong doing and in the process went into ALL of my children's records, Ms Sereni discussed how Gerald Rodichok PHD wanted a psychiatric evaluation of Mary, discussed issues about Emily in school, and how my kindergartner and my kindergartner grandchild were truant from school. Kinder garden was not mandatory and neither child was truant. The report also talked about Emily's molestation. Mrs Sereni is a seasoned special education attorney who knows quite well she was legally not allowed to put any of that information in the report. If that weren't bad enough the report was given to 14 people that had no right to know. Including the molester and his minor brother. Worse than that it was given to a neighbor.(Mr Puppio signed the report however the emails prove Ms Sereni wrote it) The same neighbor Bryan was living with because he wasn't allowed at home. Bryan had a stay away order from Emily, however the Marple Newtwon School District felt they could give her personal information (along with other family members information to Bryan and his minor brother Jeff. I am absolutely sickened at what this district has done to Emily. At what point does the victim(s) have rights in this district.Emily walked into a friends house and came home crying because Karen Chamberlain, the molesters mother, was reading the report to her friends mother. Gabrille Sereni
Customer: replied 1 year ago.
Gabrille Sereni Esq, Michael Puppio Esq are not above the law.Emily Shihadeh, went 4 months without an IEP. Emily had to be removed from the district for two reasons. I was no longer able to have a working relationship with the district. As her parent I am an important part of the IEP team, something that I took very seriously. The second reason is the other Chamberlain brother Brandon was in the High School with the sister, the other victim. The district failed to protect Mary and with the Chamberlains having the report Emily never would have been able to handle the bullying. Bryan Chamberlain had a stay away order from Emily but Marple Newtown school district decided that giving him her personal information was appropriate.I hired an attorney for Mary. We went through depositions. At that time Mary had a 504 plan. The law stated that we did not need to go to due process. After a couple more years, our neighboring school district had a decision come through stating they did need to go to due process.( even though that child had an IEP and Mary did not.) We were then removed from federal court and told go back to due process.All of this was taking place in 2012. On a personal note, in January of 2012 my car and my house caught on fire. My father also died.I did not receive procedural safeguards before this due process hearing . When I looked at the district web site , process and procedures for special education, there Is NO mention of a statute of limitations.(Which is a specific misrepresentation. When I reserved my rights to go to a due process hearing at a later date I was NEVER told there was a two year statute of limitations. Which is withholding information. The law is specific at the times Procedural safeguards are to be given. The law does not say if you previously received the procedural safeguards the district does not have to give them to you again.I am not only appealing the decision of Hearing Officer Culleton, I am appealing the decision to limit the scope of the due process hearing.So far the MNSD has violated our rights and our privacy. I am being held to *procedures* and they have provably violated the law. I respectfully ***** ***** appeal panel allow this hearing to move forward. Respectfully, ***** *****
Customer: replied 1 year ago.
Customer: replied 1 year ago.
In case I can't stay at the computer my email is***@******.***
Expert:  Dwayne B. replied 1 year ago.

The first issue you are going to have is that the statute of limitations for slander is one year, so it expired a long time ago. If this document was slanderous but was entered as evidence in a case that was not "sealed by the court" then the statute of limitations is going to prevent you from having a legitimate lawsuit.

Second, attorneys have almost complete immunity on slander for what happens in court.

You can try pursuing a slander case but these two issues are going to be a problem for you, the first being even more of a problem that the second.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 1 year ago.
Ok I guess you answered my question. The reason for the lawsuit was the report. MS vs marple newtown school district. If you can help me let me know. The case is open until December ty
Expert:  Dwayne B. replied 1 year ago.

None of the experts on here are allowed to represent customers of the website. However, you can find a lawyer to assist you by going to and in the section for Area of Practice enter Civil Litigation.

The statute of limitations is going to be an issue for a slander suit. What you may want to do is get all of the paperwork together and go to a lawyer that does Civil Litigation and let them look it over and interview you to see if there is another potential cause of action. Often you can find one once you become completely familiar with a case but it is going to take an evaluation of all the paperwork plus an in person interview.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.