Grandmother of Emani Moss Plans Wrongful Death Lawsuit against DFCS

Written By Kom Limpulnam on Sabtu, 16 November 2013 | 15.21

ATLANTA -- The grandmother of Emani Moss plans to sue Georgia DFCS for Emani's death.

Friday night, Robin Moss and her attorney, Ken Shigley, confirmed to 11Alive News that she intends to file a wrongful death lawsuit against the state.

And Shigley tweeted on Friday, "Today we served DFCS 90-day notice of claim for death of Emani Moss."

What that means is that Moss is giving the state the required 90-day notice that she is going to sue.

Moss seeks to hold the state accountable for Emani's death.

She believes that not only are the father and stepmother responsible for the death of 10 year old Emani -- starving her until she died and then burning her in a trash can two weeks ago -- but the grandmother believes DFCS is also responsible, because DFCS repeatedly investigated allegations that Emani was abused in that home, but never got Emani out of there.

An attorney familiar with this type of wrongful death lawsuit told 11Alive News that it is not just a way of reaching a financial settlement, but it's also a way of trying to force the defendant, in this case DFCS, to agree, under court order, to make specific changes that would prevent this from happening to other children.

DFCS and the Governor told 11Alive News this week that they are already committed to doing that voluntarily.

The lawsuit could very well end up being a major investigation of DFCS, since the plaintiff's attorneys would be able to use subpoena power to obtain files and interview employees under oath.  Shigley also tweeted Friday that he is seeking people to come forward who might have information on DFCS employees possibly falsifying reports of how the agency responded to allegations of child abuse.

Whether that was or was not going on, this case could open up DFCS records as never before.

STORIES OF CHILDREN WHO DIED UNDER DFCS SUPERVISION
* Governor Deal spends millions and adds workers to strengthen DFCS
* 2 DFCS fired after child abuse cases result in children dying
* Emani's Grandmother says no one would help her
* Prayer vigil for Emani Moss
* Exclusive Interview: DFCS Director Dr. Sharon Hill
* Judge Glenda Hatchett: 'The system is broken'
* Parents of Emani Moss appear in court
* Resources for helping children
* Accountability: When calling DFCS isn't enough
* Experts: DFCS report showed Emani Moss was in danger
* DFCS summary of the life and death of Emani Moss
* 10 year old girl burned and stuffed in trash can, parents charged
* Governor Deal responds to death of 10-year-old Emani Moss
* State Rep. calls for changes to child laws, DFCS following 10-year-old's death
* 12-year-old boy killed after physical abuse for weeks, months or longer
* Former DFCS worker speaks out following children's deaths
* Former DFCS manager says agency pushing workers too hard
* Children's advocate: "DFCS is broken"
* Attorney says DFCS needs change from top down
* More stories of children in trouble under DFCS monitoring


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