Grandmother of Emani Moss plans wrongful death lawsuit against DFCS

1:58 AM, Nov 16, 2013   |    comments
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Emani Moss, 10

ATLANTA -- The grandmother of Emani Moss plans to sue Georgia DFCS for not preventing 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 would enable the grandmother to conduct a major investigation of DFCS, since the her attorneys would be able to use subpoena power to obtain files, and interview employees under oath.  

For example, Shigley also tweeted Friday that he is seeking people to come forward who might have information on whether any DFCS employees have been 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.

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