Legal Question in Civil Rights Law in Georgia

I have two sons. One is 13 years the other is 10. Both have Adhd and take meds and she a psychologist. Around Jan 18 2012 Justice my oldest son told me that a child had exposed himself to him on the school bus. He was 12 at the time. I told the busdriver and she called the school and the school administration pulled the video tape of the incident. The child was 7 at the time I believe. He did expose himself to my son however my son exposed himself as well. My son was charged with child molestation and the other child disappeared (per information from school system) and was never interviewed. The children did not touch each other in a sexual nature(no touching of private parts).They simply pulled their gym shorts out and looked down each others pants. The younger child was the aggressor and my son did not respond appropriately. My son laughed and thought it was funny. He is very immature for his age. My son is currently in Alternative school. He is in special Ed for his Adhd problems and also the police officer that works at the school filed it and he was formally charged. I have had several psychologist look at the video and they all agree it is simply children behaving inappropriately on a bus and not any signs of child molestation. I went for my first legal appearance with my son Dec 20th and we had a continence due to the prosecutor not having viewed the video tape. I spoke with the prosecutor today and he told me he was leaning towards a dismissal due to the video not having the elements of sexual molestation. I want to know if I can sue the school system for all the harm they have caused my child. He was questioned by an officer without my presence or consent and the Principal asked him if he was gay. I do not think my son is gay nor would I be upset if he was however I think that is why the school is acting in such a manner. We have fought so hard and are just now starting to see some light so if you think we have a case I would love to know. Also my son was examined by a state psychologist and found to be incompetent and would not be competent in the near future. Thank you and have a good day.


Asked on 12/21/12, 12:29 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

You can sue anyone for anything. Whether you have a valid claim is another matter. Many parents would likely be very satisfied with their child not getting charged with a crime, expelled from school or avoiding other consequences that often flow from this kind of conduct rather than thinking about who they can sue and get a big check from (while dragging their child through a public lawsuit with all the facts part of public record). Parents should know that schools will treat this conduct extremely seriously and will and should take all steps to protect ALL children at the school. Parents should expect a full investigation, and it is not grounds for a lawsuit.

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Answered on 12/23/12, 11:45 am


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