QUESTION

What recourse do accused have when charged with a human services sanitation violation out of spite? How?

Asked on Jun 09th, 2015 on Criminal Law - New York
More details to this question:
Recently had a human services person pull my daughter out of class to question her based on a report filed by someone regarding sanitation in our home. Based on the data, it is clear that this was done for spite by a former fiance of my son. Do I have any rights or options for recourse in this situation?
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6 ANSWERS

You could sue the person who made the report but you would have to show they negligently or intentionally filed a false report. What are your real damages? It is doubtful what recovery you could make outweighs the time and money you would have to spend to sue.
Answered on Jun 10th, 2015 at 12:34 AM

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There is recourse, but it is reasonable to ask if it is worth the effort. You might have a cause of action for 'abuse of process,' which means using the legal system for some personal goal other than what the legal system is intended for. The very similar tort of 'malicious prosecution' requires as a predicate that the plaintiff has been determined to be innocent, or that there was no probable cause to prosecute, so it is probably not available. But how much do you want to spend to win a judgment which you may not be able to collect? You will have to prove damages, after all, and it is not clear that you have much in the way of compensable damages. Consult a personal injury lawyer, who can review more of the facts with you and evaluate it more fully. Good Luck.
Answered on Jun 09th, 2015 at 2:57 PM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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Not really. The confidentiality laws protecting sources are almost impossible to penetrate. All you can do is stay clean and get ready for the next surprise inspection. Stay clean. Stay cool.
Answered on Jun 09th, 2015 at 2:57 PM

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Ronald A. Steinberg
If you can prove that the report was filed by that person (usually, whistle blowers are protected), and that it was false, you have a couple of claims against that person. 1) malicious prosecution, 2) intentional infliction of mental distress, 3) defamation of character.
Answered on Jun 09th, 2015 at 2:18 PM

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James Eugene Hasser
You might have a claim for abuse of process. Consider consulting an experienced lawyer familiar with such claims. Good luck.
Answered on Jun 09th, 2015 at 2:00 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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I suppose you'd have an action for slander if you can prove everything you say, but I doubt it would be worth the effort.
Answered on Jun 09th, 2015 at 1:55 PM

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