What type of attorney do I need to hire to sue a school/school districtregarding false allegations made against me?

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What type of attorney do I need to hire to sue a school/school districtregarding false allegations made against me?

My wife and I were falsely accused of child abuse, twice, by a member of my wife’s church. After both CPS and the police investigated us they determined that there were “no merits whatsoever” to the charges/claims and dismissed both allegations. However, statements by both the principal and one of the teachers of our kid’s school appeared to back up the allegations even though the teacher now claims that she “never spoke to any investigator of any agency” to include the police or CPS. The superintendent promised an investigation but instead lied to us about conducting one. Should I speak to a personal injury attorney? And can I get one on contingency for this? I’m in Pacific County, WA.

Asked on August 18, 2010 under Personal Injury, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am sorry for your situation.  It truly is a terrible position that you and your spouse were placed in.  The statements made may fall under the heading of "defamation,"  which comes under the legal heading of a "tort."  You can surely shop around for an attorney and see if someone will take it on a contingency basis but I do not think that most attorneys will do so.  Most cases that are taken on contingency bases have some form of insurance policy to back them up (like a car accident case).  But seek consultation in any even which may in fact be free.  Ask about defenses to defamation (truth is one but there may be a "qualified privilege" given during police investigations or to school personnel here).  But also ask about what can be done criminally to those that lied to the police during the investigation if you can prove it.  An attorney can help you understand that option and help you pursue it as well.  Good luck.


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