Legal Question in Federal Tort Claims in Texas

Teen Girl abused by state of Texas employees

13yr old girl removed from her home due to neglectful supervision allegation.She was placed in a group home ran by state of Texas employees. While she was in their custody she was raped by a gang of older boys.The boys have since been arrested,and my daughter was returned home.Can she and I sue the state of texas for malicious prosecution?

Asked on 10/07/04, 2:39 pm

2 Answers from Attorneys


Re: Teen Girl abused by state of Texas employees

You might have a claim against the State Agency and their employees operating the home, for neglectful supervision (and other tort claims of neglect) that resulted in severe personal injury to your child. Look at building "Security" type of cases and "school personnel neglect of chld " cases, for starters.

You might also have a claim for "abuse of process." However, the standard or means of proof for that kind of claim is somewhat complicated.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 10/08/04, 9:34 am
Dr. Michael A. S. Guth Tennessee Attorney at Law Assists Pro Se (without a lawyer) Parties

Re: Teen Girl abused by state of Texas employees

You are describing outrageous neglect by the state. I can't understand how girls and boys were mixed in a group home for juveniles. Yes, you definitely have a cause of action against the state, but not for malicious prosecution. The cause of action is for personal injury in the form of your daughter's bodily injuries and pain and suffering, as well as your own in learning the state allowed this to happen to your child. If this is part of a broader pattern, then you could bring a U.S. Civil Rights Act claim against Texas under 42 U.S.C. � 1983. But one isolated case of a child being molested or raped would not give you standing for the civil rights suit in federal court. The statute says one episode is enough, but judge-made law says there has to a pattern. You will find that Texas has sovereign immunity and cannot be sued without its consent in state courts. Instead, you will have to file a claim with the state claims commission that handles suits for monetary damages against the state. Please contact a series of personal injury lawyers in Texas and offer them no more than 1/3 of any damages as part of a contingent fee. They should be willing to take on this case for a 1/3 contingent fee, because your daughter's harm has been proven and easy to establish in court or before a claims commission.

Mike Guth

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Answered on 10/07/04, 2:57 pm

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