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CAN I SUE ACS?

 We need to revisit this topic because it comes up so often in our practice and by desperate parents who are involved in ACS cases. To begin with, what is meant by suing ACS is filing a lawsuit against the agency, the worker, and the City of New York. In order to file a lawsuit, you should obtain an attorney. While you can file a lawsuit pro se ( without a lawyer), the laws regarding suing the City and the legal procedures are simply too complicated for a non-lawyer to be effective. Thus the first obstacle is retaining a lawyer who will take your case. This is a major hurdle. Cities and states have whats called, qualified immunity. This makes them more difficult to sue. The kind of lawyer you would need is a personal injury lawyer. This may sound strange, but these are the lawyers that routinely sue NYC in court for violating the rights of citizens.

There is also another major obstacle. Because these lawyers are used to suing the NYPD and various public agencies, they have very little experience with ACS. Thus, many will not take the case because of the fact they do not have any experience with the agency.  There is also the lack of documentation. ACS workers do not like to record things accurately and will often lie on their reports. This cases serious problems when it comes to discovery. If you have been contacted by an ACS worker, do NOT speak to them. Contact THE LAW OFFICES OF MICHAEL S. DISCIOARRO, LLC. AT 917-519-9417 and lets us speak for you.

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