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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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