Legal Question in Federal Tort Claims in Virginia

I am a teacher of fifth grade students in public education in Northern Virginia. I had a student who has been determined to be "emotionally disabled" so he qualified for placement at a special school which can better serve his needs. During the time he was in my classroom, a social worker at our school reported him to Child Protective Services and in the investigation by CPS, the case was determined to "founded" which means that bad stuff was happening at home and CPS now does intensive family counselling for the family. Before the student was moved to the new school, the mother made an accusation to my employer and to CPS that I physically abused her son. She claimed that I grabbed him by the shoulders and forced him somewhere or somehow. An investigation was made by my school and by CPS and for a bunch of reasons, the case was dropped in my favor. BTW: I never touched the student. I have not been disciplined or placed on administrative leave and my school has supported me but this is a fine way for this woman to thank me for putting up with her dysfunctional son and his outrageous behavior for the time he was a "student" in my classroom. My question is simply, can I sue this woman for slander, libel or defamation of character?

Asked on 1/06/17, 5:57 pm

1 Answer from Attorneys

Michael Hendrickson Michael E. Hendrickson

Yes, you could sue, but under these facts I doubt that you would be able to

prevail in such a lawsuit.

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Answered on 1/07/17, 10:54 am


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