Legal Question in Federal Tort Claims in California
Erroneous Reporting by a Government Organization or Private reporting agency
I am a 50 year old male with a college degree and an almost completed MBA who currently lives in Los Angeles. Around 3 years ago I had to plead guilty to a misdemeanor charge in Seattle, Washington because I couldnt afford extended litigation that would require me to travel from Los Angeles to Seattle to settle the case. I just found out recently through a background checking reporting agency called ChoicePoint Workplace Solutions that the misdemeanor that I mentioned above is being reported as a felony by the Administrator of the Courts of Washington. This made me realize that this may have been the reason why I a number of previous employment opportunities that were glaringly shoe-ins for me never got past the interview portion because this would come up in the background check and this would automatically make me a liar if I indicated no to pre-employment question of felony indictment. Am I correct to assume that someone should be liable for incorrect reporting and my subsequent losss of income the last 2-3 years.
2 Answers from Attorneys
Re: Erroneous Reporting by a Government Organization or Private reporting agency
You need to check with an attorney familiar with the law of the State of Washington. Ask him/her whether there is any State law there which requires the State to correct erroneous records kept on individuals.
A federal law known as the Privacy Act [5 U.S.Code, Sec. 522a] requires Federal agencies to keep accurate records on individuals, and correct them, if they are wrong, upon request by the individual affected by the error. Willful violation of the Privacy Act can render the U.S. Govt. liable for actual damages payable to the victim, and result in sanctions for the Federal employee.
Unfortunately for you, this federal law does not apply to State agencies. That is why I recommend that you contact a (State of] Washington lawyer to see whether that State has a similar statutory remedy. If not, you may be out of luck as far as getting any compensation for your economic losses. Most States invoke sovereign immunity to bar recovery for defamation-type claims such as this.
But do not take my word for this. I am a California lawyer. You should check with a Washington lawyer. Most County bar associations have lawyer referral services that will hook you up with an attorney experienced in the area of law the deals with your legal problem. Some offer free consultations. Some charge a nominal amount.
Re: Erroneous Reporting by a Government Organization or Private reporting agency
No. You are not correct. Governments and their bureaucrats are immune from suit for negligence. It's your problem; you need to get it corrected by contacting the court administrator and laying out your problem.
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