A Question of Ethics and Defamation

[TheNetArchitect]

I have been looking more and more into the effects which a recent Tennessee DCS Investigation has had on my life. First off, let me begin by stating, that I was not supposed to be the one under investigation, as I was told repeatedly throughout an interview conducted at the apartment of my wife (of 5 days at that time)with regards to her 2 minor children playing too far from the house. (Allegedly).

The result of that was the children being (Under the Letter of Law itself) Kidnapped by the DCS Investigator. We have yet to ever get our girls back, but it aint over yet. What I am asking about here is: The investigator did an Extensive and Totally Invasive Investigation into My Life which I had spent the last 10 years getting to the level of Professional and Social Excellence I had reached. During her "Investigation", she harrassed my Ex-Girlfriend, (Who I was and am Still friends with) at her home, as well as anyone in the neighborhood that would speak to her about me. She revealed Confidential Information about my wifes daughters (in that they had been Sexually Molested by their paternal grandfather who has the same first name as me) to these people who had never met any of the parties involved in the case but me, leading them One and All to believe that I was under investigation for sexual molestation of my new step daughters.

Within days of her "Investigation" I lost a Lucrative Contract with a Major University, my sole primary Residence, was threatened on several occasions via my ex, who made it clear after my Wife cleared it up, that I was not safe to come around my old neighborhood where I lived for so long until she could clear up the Lies Perpetrated about me. Because of that I was forced to liquidate every asset I had of any worth in order to make a new residence possible for my wife and I in order to continue our fight to get our girls back.

I guess my question is multifold in that first of all, what right did this woman have in revealing Anything about my new step daughters to these people they had never met. And secondly what constitutes Defamation of Character, and How do I sue this Woman for all of the Damages I have suffered over this. And Yes I have Proof as well as many witnesses who Will Come to court and tell the truth about what she said and did and How she said and did it.

 

[Michael Wechsler]

To begin, why would this DCS employee target you for such a massive investigation? I've answered this issue (I think) in another, related post. I would say that it is very likely that there is some motivating factor here that set the events into motion. OK, some children ran down the block if I remember, but that isn't enough in itself to set all the events into motion. I would be very confident to guess there is a lot more behind the scenes that wer aren't yet aware.

That said, if there was no justification for this person's investigation, you might be able to sue under various tort theories of law (negligence, intentional infliction of emotional distress) but if the statements were true, you could not sue for defamation -- which only deals with false statements. The other theories of law are more appropriate. In some counties there is a "false light" cause of action where you can sue if someone made statements designed to cast you in a false light even thought the statements were actually true, e.g. intended to make an impression on onthers that you were under investigation for sexual molestation although the words were technically true. I think you first need to identify how all this went forward and why it did.... something tells me that you have a good idea. I'm not saying that it was right.