I'm hoping to find info on filing a class action against a state agency.
After being falsely accused of child abuse, I was immediately labeled an offender on the central registry. This is BEFORE having a chance to be heard or to refute the allegation. This is a violation of Due Process, especially considering that full relief cannot be obtained through a post-deprivation procedure (they can't "unring" the bell).
I have since won my case and had the false accusation overturned, but my name remains on the registry. Even though the law says all cases found to be unsubstantiated must be "promptly expunged" the registry has merely "amended" the files (i.e. simply changed the case determination from "true" to unsubstantiated). That is not at all the same thing.
So, if I try to obtain employment in any care providing capacity (such as working at a preschool which I did before having my baby), my name will STILL be on the list for my prospective employer to see. They may not read far enough to reveal that the case was untrue, and even if they do, the stigma of being accused and investigated is extremely harmful to my reputation. Would you hire a person whose name appeared on such a blacklist to care for your child? That is why it should be "expunged."
My state Constitution's due process section also guarantees specific protection for "reputation" along with the usual life, liberty, and property.
There was a large article in the paper about how people's rights are being violated by this registry, so I know there are many others out there who have suffered the same. That's why I feel a class action would be the best route to take.
Please tell me if you think I have a case, and what my best option for proceeding would be. Thank you in advance for all suggestions.
After being falsely accused of child abuse, I was immediately labeled an offender on the central registry. This is BEFORE having a chance to be heard or to refute the allegation. This is a violation of Due Process, especially considering that full relief cannot be obtained through a post-deprivation procedure (they can't "unring" the bell).
I have since won my case and had the false accusation overturned, but my name remains on the registry. Even though the law says all cases found to be unsubstantiated must be "promptly expunged" the registry has merely "amended" the files (i.e. simply changed the case determination from "true" to unsubstantiated). That is not at all the same thing.
So, if I try to obtain employment in any care providing capacity (such as working at a preschool which I did before having my baby), my name will STILL be on the list for my prospective employer to see. They may not read far enough to reveal that the case was untrue, and even if they do, the stigma of being accused and investigated is extremely harmful to my reputation. Would you hire a person whose name appeared on such a blacklist to care for your child? That is why it should be "expunged."
My state Constitution's due process section also guarantees specific protection for "reputation" along with the usual life, liberty, and property.
There was a large article in the paper about how people's rights are being violated by this registry, so I know there are many others out there who have suffered the same. That's why I feel a class action would be the best route to take.
Please tell me if you think I have a case, and what my best option for proceeding would be. Thank you in advance for all suggestions.