Hello, I have a mentally handicap uncle who is 58. He is a ward of the state & resides in an apartment where state social workers help him care for himself. He is high functioning and is employed as a custodian worker. We (the family) spend time with him every weekend & see him regularly. Last year, we became aware that something out of the normal had happened to him. After questions & Dr visits, we found that he had 'most likely' been a victim of molestation. We then learned that the man, who helped take care of him, had been charged with 'harmful' allegations from another mentally challenged person. However, it was his word against the handicap, so the charges were dismissed.

We filed charges against the man & he was put on paid leave while under investigation. After that time, the state & department of family & children welfare cleared him of any charges in their own investigation. We moved forward w/ the DAs office & had hearings to determine if my uncle was sound enough to go to trail & testify. He was found competent, but we still believed we probably wouldn't win. My uncle became upset when the matter was discussed & kept apologizing - as if he was in the wrong. As our day in court took place, the social worker pled guilty.

The man lost his job w/ our state & hopefully will not be able to hurt anyone else this way. This will now be on his record for life. In the mean time, this has taken such a toll on my family - especially my grandmother. However, my uncle, in his wonderful child like ability, has seemed to move on & past this. My uncle has also survived a nearly fatal beating from a police officer in the 1980s at a bus stop coming home from his out of town group home. The officer (who knew of my family) beat my uncle with his nightstick unremorsefully. He said that he thought my uncle was a drunk. He scared my uncle & when my uncle did not respond - he beat him. My family never sued, but as an agreement police officers has to take classes on how to deal with the mentally handicap.

I have seen all of this take such a toll on my family & I am angry. I am angry that this could happen to these innocent people & I want justice. The social worker apparently has inherited money & property out of state - where he moved. Would it be beneficial to file a civil complaint against him for the guilty plea? I don't want my uncle to have to testify or even go through any of this anymore, but it would be so nice to win a civil suite for his &/or my grandmother's pain/suffering & security for their future. What are the chances of winning a settlement with the man & or even the state - who repediately found him not guilty through their in-house investigations - w/o having to drag my uncle through the mud - again??

Keep in mind that any civil action you'd take would involve your uncle having to testify again, unless you settle with the named defendants out of court. This could be a possibility to pursue but keep in mind that they may "call your bluff" and go to trial. Then your uncle would be "dragged through the mud" all over again.

Life is not fair. I understand your anger and desire to "get back" at these people that have done wrong to your family.

You may be able to get something in a settlement from this ex-social worker. The question I would ask is: How much money will make you feel better?

No matter how much money you get, you'll still be angry at the unfair treatment of your uncle.

I would "move on" - as you indicated your uncle seems to have. Focus your energy on living a good life and enjoying your family's time together.

I realize that it is hard to find workers who will dedicate their time & lives to assisting the handicap especially for the low pay they receive, however, shouldn't the state be held accountable for continuing to find this man innocent & replacing him in 'new' situtations. How many others are they clearing because their victims are mentally handicap.

No amount of money would make this wrong right. It is wonderful & amazing that my uncle does pick up & be the happy sweet man that he will always be. However, because my family has no money, he will always be a ward of the state & I am afraid that the state & social system will fail him again. It would be wonderful to know that he could be taken care of by private caretakers that are not state employeed and truly have his best interest at heart.

I agree, none of us would want to drag him through the system again. I've just wondered if the publicity/noise of a law suite (may or may not win settlement) would be valuable in trying to keep social workers like him & the state from letting this happen to other innocent 'child-like' victims - raise awareness to this problem.

Hello Me2:

Sorry. I'm not buying all that magnanimous crap. You're all over the board here. Do you want to start a "cause"? Do you want to "change" people? Do you want to run for office?

Or, do you want to slap down the wrongdoers who caused your uncle pain? Your family has no money?? That's because you didn't make the cops pay, and pay dearly for hurting your uncle. He'll "always be a ward of the state"? Maybe, but it's only because you didn't look out for him.

Getting mad?? At me?? Good! Now, go sue the crap out of ALL those people who actually DID something to make you mad.

excon