A judge has just permitted a Lakewood resident to serve a federal lawsuit against the Board of Education after a public school teacher allegedly filed a false report against him to child protective services, FAA News has learned.
According to the complaint filed in U.S. District Court for the District of New Jersey by Andrew's Corner resident Nelson Mawalla, several times he reported to his child's teacher, Ms. Lori Babiac that his daughter was being bullied by other children in her class. Ms. Babiac ignored the issue and did not take any action until Mr. Mawalla also complained to the school principal.
Additionally, Ms. Babiac filed a complaint to DCP&P (child protective services) against Mr. Mawalla. The complaint was eventually deemed by DCP&P to be unfounded, according to confidential records submitted by Mr. Mawalla to the court.
"At no time did my children ever miss school. In fact, in school they have gotten high attendance awards. They are always freshly bathed and dressed appropriately before going to school. I have never missed taking them to their doctor appointments. The social worker who came to my house was astonished to see how well my kids were doing. Ironically, its in school where they are bullied - something the teacher has ignored," the complaint filing states.
The lawsuit demands judgment in the amount of $314,000 for financial damages and emotional stress.
"As a parent sending my children to Spruce Street School, I believed that my children were entrusted to good caring staff. Instead everything went the opposite direction when I was forced to endure sleepless nights, strangers intruding and inspecting my home and demanding I run to doctors offices to ensure my children are safe. It is my hope that this honorable court will consider this matter very seriously as these defendants shall be held accountable for the wrongdoing they inflicted on me," Mr. Mawalla wrote in the court filing.
Filing lawsuits in federal court typically involves filing costs. Mr. Mawalla's filing included an application to proceed in forma pauperis.
In forma pauperis (IFP) is Latin for “in the form of a pauper," and - with a judge's approval - it permits individuals who do not have the resources to pay the court costs to proceed with their lawsuit at no cost.
After reviewing the application, Judge Georgette Castner has just granted the application and directed the U.S. Marshal serve a copy of the complaint and summons upon the teacher and the Board of Education.
Once served, the parties have 35 days to answer the complaint.
The Board of Education has not yet released any formal statement regarding the allegations.
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