Legal Question in Personal Injury in Minnesota
Defamation of Character/slander
My 3 nieces were taken from their grandma (my mother) by child protection related to endangerment (DUI with kids in car) and neglect (she is alchoholic x 20 years. Parents are in prison, I am licensed foster care provider-kids were placed with me by child protection until investigation was complete, Grandma not cooperating with social services. Grandma thinks I turned her in (it was the oldest child that told the school counselor about the drinking). Grandma called the sheriffs department in my county and told them that I was molesting the youngest and abusing the children. (I am a lesbian, therefore an easy target for molestation charges) Sheriffs come to my home. Children are removed next day by Social Services. I am a professional in my community as is my spouse. Her actions have caused me financial harm, alienation of my family and because of my profession as a health care provider should the small community hear from a ranting alcoholic that I was accused of molestation of a child (plus the fact that I am an out gay person), my career would be finished, I would have to move. Can I sue?
1 Answer from Attorneys
Re: Defamation of Character/slander
You could certainly flie a defamation action against a person who made such allegations falsely or in reckless disregard of the truth. In fact, proving such facts likely constitutes per se defamation, which does not require any showing of actual damages. Unfortunately, chances of collecting on such a Judgement are likely slim unless the person you are suing is exceedingly wealthy. As a result, with a limited ability to recover any damages awarded, you will not likely find counsel willing to take such a case.
I am sorry to hear of these problems.
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