Need to get access to information from an investigation into me.

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waterjug

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Jan 21, 2012
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I had posted This thread several months ago about a situation at the halfway house I run. I was finally cleared of everything last week (it took them 4 months to figure out that I was not raping a woman, after she had made an identical complaint about several other people and just plugged my name in this time....but I digress). My employer tried jerking me around several times, including trying to block me collecting unemployment. They also gave away my job to someone else while I was out, and are now forcing me to transfer. Fortunately the new place isn't bad, but still the principle of it pisses me off. They're also being evasive about the money they owe me (they have to pay me back for the time I was out since I was cleared).

Anyway, I asked when I would get the investigators findings/full report. They told me I would only get a piece of paper stating that I was cleared, not the full report, that only they saw it, and I could not see it ever. This investigation did not involve any minors, and again I was cleared, so there isn't a victim here to protect. The investigation was done by my state's Department of Mental Health.

Shouldn't I be able to see this? If they want to redact names, then fine, but I want to know what was said about me. They also hinted that a disgruntled former employee tried to back up the woman's claims despite them completely falling apart, and I'd like to know what was said exactly. Again, this goes in a permanent record attached to my name as I understand it. Anyone that can lend advice or a helping hand, it'd be much appreciated. I get the feeling something sketchy is going on here...
 

Elixer

Lifer
May 7, 2002
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Your only real option is to hire a lawyer IMO.
These things can be very complex. You can sue for defamation as well, and then you will get to see all documents.
 

sactoking

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Sep 24, 2007
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If the investigation was done through a public agency (DMH) they're subject to a public information request. If they balk, you can hire an hourly attorney to press the request.
 

BeeBoop

Golden Member
Feb 5, 2013
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The only person you can sue is most likely the girl who made the claim against you but she probably has no money to pay you anyway. AV or BV rated lawyers are the best.
 

waterjug

Senior member
Jan 21, 2012
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If the investigation was done through a public agency (DMH) they're subject to a public information request. If they balk, you can hire an hourly attorney to press the request.

Thanks!


The only person you can sue is most likely the girl who made the claim against you but she probably has no money to pay you anyway. AV or BV rated lawyers are the best.

what's an AV/BV lawyer?



edit: Also, this is less for a defamation suit, and more to see what got said; although if any employees made any false statements, or I can tie it to administration then I can open up a large can of worms
 

waterjug

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Jan 21, 2012
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just wanted to bump for the morning crowd; Going to look into public information request / freedom of information act this morning
 
Sep 7, 2009
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I would send them a certified well-worded letter requesting any information from the report, and notify them that if they do not comply or do not respond that you will hire an attorney to pursue this.
 

waterjug

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I would send them a certified well-worded letter requesting any information from the report, and notify them that if they do not comply or do not respond that you will hire an attorney to pursue this.

I checked state law, and I only found one reason they could have for trying to block me from seeing it (from a list of exempt material). Basically any materials or data that relates to a specific individual, that by disclosing it could constitute an invasion of privacy. But again, I'm the named individual in the investigation, and if an employee was attempting to slander me then it's not an invasion of privacy to see that statement, so I should be good. Going to write the letter tonight!
 

rudder

Lifer
Nov 9, 2000
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I checked state law, and I only found one reason they could have for trying to block me from seeing it (from a list of exempt material). Basically any materials or data that relates to a specific individual, that by disclosing it could constitute an invasion of privacy. But again, I'm the named individual in the investigation, and if an employee was attempting to slander me then it's not an invasion of privacy to see that statement, so I should be good. Going to write the letter tonight!

I think the invasion of privacy is in terms of the accuser not you perhaps. Maybe they investigators have to assume you do not know who accused you.

At any rate... good luck. Hate to see anyone trying to do a little bit of good in the world get crapped on like this.
 

waterjug

Senior member
Jan 21, 2012
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I think the invasion of privacy is in terms of the accuser not you perhaps. Maybe they investigators have to assume you do not know who accused you.

At any rate... good luck. Hate to see anyone trying to do a little bit of good in the world get crapped on like this.

thanks....I may suggest that if needbe they can redact the names, I just want to see what was said and go from there
 

nehalem256

Lifer
Apr 13, 2012
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I think the invasion of privacy is in terms of the accuser not you perhaps. Maybe they investigators have to assume you do not know who accused you.

That just seems bizarre.

Either the crime took place and you would know who the accuser was ;).

Or the crime did not take place and there would be no reason to protect the privacy of the accuser.
 
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