QUESTION

Is sufficient grounds exist to file a case against DCSS for unnecessary infliction of mental anguish and emotional distress?

Asked on Jun 06th, 2015 on Personal Injury - Nevada
More details to this question:
I have been a resident for nearly eight years. A Child Support Enforcement (CSE) case was opened against me by the Department of Child Support Services (DCSS). The child was born August 25, 2014. The mother’s name was not familiar to me. I did not have sex with anyone here, although I have had sex with women in another state. I first became aware of the case against me in early January, 2015. I was notified that DCSS was contacting my employer for income verification. As I had a vasectomy some 15 years ago, I called DCSS to complain about them contacting my employer prior to establishing paternity. At that time, I offered to be genetically tested. I was told that they would arrange for the testing. Due to legal maneuvering on DCSS part, I was not tested until May 8, 2015. Meanwhile, a case against me was filed in a Superior Court, and my employer was contacted a second time. I had to drive to DCSS office to request that the test be performed. I finally received the test results which concluded that I was not the father of the child. I suffered embarrassment that my employer know that a case was filed against me. I worry about what my fellow employees might be saying about me through the rumor mill. As a result, my performance at work has suffered. I also was fearful that I would be unable to retire as I am 64 and was faced with the possibility 18 years or more of child support payments. I was concerned about the possibility of false-positive test results. I was traumatized to the extent that it has affected my relationships with women. Also my health, has suffered due to the stress, worry, and loss of sleep. During the legal maneuvering on DCSS part, I felt anxiety due to the risk of a default judgment.
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1 ANSWER

Personal Injury Attorney serving Reno, NV at Law Offices of Jill K. Whitbeck
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I do not see any claims against DCSS, as they were only doing their job and likely have immunity for that. However, you may have a claim against the woman who named you as the likely father. Remember, DCSS didn't pull your name out of a hat . . . they were told you were the father and went from there. Your claim isn't worth much for a couple of reasons. First, you did not suffer any tangible damages. Second, the woman who named you may not have the resources to pay any claims and this is not something that her insurance would cover.
Answered on Jun 09th, 2015 at 10:38 AM

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