Can I file suit against my son’s school and the state for interrogating him at school without my prior knowledge or consent?

Another child at a different school made false accusations about my child at school which resulted in child protective services and the authorities being called on my son. They never came to my home to speak to him or me nor did they call me. A week later, 7 officers and 2 CPS workers went to my son’s school and interrogated him without me being present or even notifying me until afterwards. The

other child already denied the allegations and yet they still pulled my son out of class and embarrassed him and interrogated him. Can I file suit against the school and the state for this?

Asked on April 13, 2017 under Personal Injury, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You most likely do not have a case, unfortunately.
1) They don't know that the accusations were false until they investigated and interviewed you son. They were not unjustified in pulling him out to interview him.
2) Even if you could show they acted improperly in how they interviewed him, embarassment is not a consequence for which the law provides compensation. Sometimes your rights may be violated, but without some concrete economic or physical injury, there is no compensation for you.


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