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Can an Administration for Child Services ("ACS") case worker be sued for alleged fraud to the Court? |
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ACS workers assigned to a family court case usually have immunity from law suits. A claim that an ACS worker engaged in frauds and changed file contents would be hard to prove as you need to show intentional conduct. And remember there is a 3 years statute of limitations to commence an action for fraud within the discovery of the fraud. Even if you file timely, there is also the hurdle of a litigation privilege that bars defamation,slander and libel suits if a defamatory statement was made during the course of the court proceedings. A letter written to the judge by a State oficer involved in the litigation during the proceedings would most likely be protected by the litigation privilege that bars any suit against the ACS worker for that conduct. During family court proceedings, people generally complain about the ACS workers;however, because they have immunity then it is difficult to sue them civilly for what they say and do doing court proceedings.
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