Tort and CPS and Public Defenders

Tort and CPS and Public Defenders
April 18, 2010yvonnemason


The definition of a “Tort” is “A body of rights, obligations, and remedies that is applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful acts of others.”

The person who has suffered the harm is known as the “plaintiff” and the person who has done the harm is known as the “Defendant”.

In order to file a tort claim three elements must first be established.
The first one is the plaintiff must establish that the defendant was under a legal duty to act in a particular fashion. A prime example is the way Child Protective Services snatches children. They are under “a legal duty” to pull children from homes “they deem” bad. They operate under “the best interest of the child.” It doesn’t matter that they have no knowledge, skill or understanding in what that statement means, or how the child is not served in his best interest by snatching him from his natural environment. Their only goal is to snatch children for money.
Second the plaintiff must show that the defendant breached this duty by failing to conform his or her behavior accordingly. We all know that Child Protective Services fails 99% of the time in that duty. They pull children who are not at risk but who are just poor. They pull children whose parents are struggling to make ends meet and to raise their children in a loving environment.

Third the plaintiff must prove that he suffered injury or loss as a direct result of the defendant’s breach. This is a slam dunk. Not only has the parent suffered a direct loss, but the injury mentally and emotionally is irreversible if that child is sold.
The law of Torts serves four objectives. It seeks to compensate victims for injuries suffered by the culpable action or inaction of others. Then it seeks to shift the cost of such injury to others who are legally responsible for the inflicting of said injury. The third one I really love. It seeks to discourage even more injurious or careless and risky behavior in the future. If more CPS workers were sued under the tort law, they would not be so quick to snatch children to sell them. The fourth part of the equation is that the tort suit seeks to vindicate legal rights and interest that have been compromised, dismissed or emasculated. We know that CPS violates the 1st, 4th, 6th, 13th and 14th amendment right of every parent whose child they snatch just on their own gut feeling and the “best interest of the child.”
I am not talking about parents who really abuse their children. I am talking about parents who become victims of CPS because of the fact that they are poor and uneducated and the very term CPS frightens them. These are the people whose basic rights under the US Constitution are violated when a child is snatched and sold by CPS.
Intentional Tort is any deliberate interference with a legally recognized interest. Included in that is the right to bodily integrity, emotional tranquility, dominion over property, seclusion from public scrutiny, and freedom from confinement or deception. Now these interests are violated by the intentional torts of assault, battery, trespass, false imprisonment, invasion of privacy, conversion, misrepresentation, and fraud.
CPS is guilty of several of these interest, such as, trespass, false imprisonment (when they snatch children and force them into foster homes and new adoptive homes) invasion of privacy, conversion, misrepresentation and fraud. They invade the lives of the families they go after, they misrepresent their agenda, they have no intent of reunification, this is noted in all of their manuals. They even hold workshops to teach caseworkers how to circumvent the system and wear the parents down so they will be able to adopt out the kids.
They commit fraud in that they tell the parent one thing and intend to do something entirely different. Caseworkers present themselves as the go to person the person the parent can trust to do the right thing. However, what they are doing is gathering evidence to use against the parent in the hearing for termination of parental rights.
The measure of the damage done to the Plaintiff is determined by the nature of the tort committed and the type of injury suffered. There are four categories: Damages for injury to person, damages for injury to personal property, damages for injury to real property and punitive damages.
Damages may be recovered for physical, psychological and emotional injury. Specifically some of these injuries may include permanent disability, pain and suffering, disfigurement, humiliation, embarrassment, distress, impairment of earning capacity, lost wages or profits, medical cost and out of pocket expenses.
Now we all know that CPS causes several of these specific damages, permanent disability mentally for the child and the parent, pain and suffering, the emotional pain and suffering the parent and the child always have. The humiliation, embarrassment and distress of baseless accusations never go away. The loss of earning capacity is created due to the emotional and mental stress CPS creates when they snatch a child. The abuse by CPS when they constantly dangle carrots in front of the parent with the “promise” this will help them get their child back, knowing all the while that nothing will get the parent that child back. The lost wages and profits because that parent has to take off work to go to court hearings, therapy sessions both group and individual, parenting classes, visits with the children, trips to Social Services, mental health, etc. A parent stands to lose their job due to all the time they have to take off just because CPS wants them to dance to the tune they play.

Child Protective Services is not the only ones who be sued in Tort. A public Defender or an attorney for someone who has lost their child and is being represented by that attorney can also be sued. Public defenders are notorious for not representing a parent to the best of their ability. They do not stay in touch with their client. They meet them in hallways and side rooms of a courthouse. They don’t follow up with things they are supposed to follow up with. They don’t fight for their client. They go with the flow. They also fall under the same abuses as CPS. I know there is one in Jackson County Ga. doing it right now.
As a parent who has lost a child to the abuse of CPS it is time to fight back. You don’t have to be afraid. You have nothing to lose and everything to gain. CPS is going to make sure that you don’t get your child back no matter what you do. They have possession and they are going to keep it until they sell your child to and adoptive family. The children are the cash cows. They are being sold in violation of the 13th amendment right of “no man shall be held in slavery”.


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