How to Sue CPS in Federal Court
How to Sue CPS in Federal Court
If you want to sue Child Protective Services in federal court it is best that you hire an attorney. Of course, it can be done In Pro Per (on your own), so if you have confidence in your legal abilities and can’t afford or find legal help, then go for it! Most of us, however, would have a difficult time managing a civil lawsuit. Filing a lawsuit is a complex task, and it helps to have an attorney evaluate your chances of winning the case before you get started.
Many CPS victims choose to file a federal lawsuit, to sue for violation of 42 U.S.C. § 1983:
42 U.S.C. § 1983 – Civil action for deprivation of rights
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.
Section 1983 Litigation
In A Nutshell
If your Child Protective Services social worker or caseworker claims to have immunity from prosecution, don’t believe it! There is no immunity for CPS under federal civil rights law.
Locate your nearest federal courthouse using the Federal District Court Online Locator Service. Wherever that nearest court is, be prepared to go there during the course of your federal lawsuit. The District Court is the trial court level of the federal court system. If your case is appealed, bear in mind you’ll be involved with the Federal Appellate Courts. Learn about the different federal courts here: Federal Courts.
Whether you have an attorney or not, the book pictured, Section 1983 Litigation in a Nutshell, will help you understand Section 1983 litigation so you can help direct the course of your lawsuit.
How To Find A Section 1983 Civil Rights Litigation Attorney
You could start by looking through the yellow pages of your local phone directory. In the section for attorneys, look for specialties, then locate the “Civil Rights” and “Constitutional Law” sections. Phone these attorneys to set up free initial consultations… but don’t make your decision too quickly. You’re in an information gathering phase now.
Have a notebook to record details of your conversations with the attorneys you talk to – including their contact information and fees, whether they think you have a case, and what they think the probability of success is if you proceed. Consider that if they think your lawsuit is sure to fail, they may be connected with principal characters you’re suing via friendship or relationship, and may try to discourage you from suing at all!
Often it is best to locate attorneys outside your home county to avoid any “good old boys” friendship networks between legal professionals within the county you reside in.
Here’s a way to do that: Go to the federal courthouse to look for cases using their computer database system. Find cases filed against the Department of Social Services in your state. Next, ask to look at those cases; they should be a matter of public record. Find the names of the attorneys who filed the cases, and contact those lawyers, asking for a free consultation. Don’t stop with just one – find as many names as you can and do interviews. Getting the best and most motivated attorney at the best price is your goal.
You may be able to do this online at Public Access to Court Electronic Records (PACER) but bear in mind, there’s a fee involved. If your fee is less than the cost of gasoline to reach the federal courthouse, this would be worth using.
Represent Yourself In Court
Your Evidence Against CPS
Make sure your documentary evidence is well-organized before speaking to attorneys. You should have an ongoing case notebook, and evidence of everything that happened in your interactions with CPS.
Do the best you can to prove your case using documents so the attorneys you talk to will have more confidence that your case can be won.
Watch this video for suggestions on how to organize your evidence: An Attorney’s Advice on Protecting Your Family by Gathering Data. This video was done by practicing attorney, Dr. Lorandos. His YouTube archive, Accused Falsely, is an excellent source of information for anyone seeking to sue CPS.
Learn About Legal Precedent – Cases of People Who Sued CPS Successfully in the Past
Thomas M. Dutkiewicz, president of Connecticut DCF Watch did a lot of legal research a few years ago to find case citations that will help CPS victims sue the Department of Social Services and their CPS social workers and caseworkers. Read his handbook to prepare for your case, and to discover further aspects of the injustice done to you: Child Protective Services and the Juvenile Justice System: A guide to protect the constitutional rights of both parents and children as ruled by the Federal Circuit Courts and Supreme Court.
AFRA has a page on Federal Civil Rights Cases That May Help CPS Victims – another source for information you may want to look through as you prepare to file your lawsuit against CPS and your social workers and caseworkers.
Representing Yourself
Thomas M. Dutkiewicz did an excellent job of presenting his case In Pro Per, and it can be done if you are willing and able to take the time to learn the laws and how to use them. The book pictured above, Represent Yourself in Court: How to Prepare & Try a Winning Case, can help you understand more about filing a civil lawsuit In Pro Per. It is recommended also for people who hire an attorney so you can be aware of all the things your attorney should be doing and make sure he or she is giving you the best representation possible.
Isabella Brooke Knightly and Austin Gamez-Knightly
In Memory of my Loving Husband, William F. Knightly Jr. Murdered by ILLEGAL Palliative Care at a Nashua, NH Hospital
Friday, December 3, 2010
NCCPR Child Welfare Blog: Covering foster care at the LA Times: The “readers’ representative” sets the fairness bar very low
NCCPR Child Welfare Blog: Covering foster care at the LA Times: The “readers’ representative” sets the fairness bar very low: " According to the Organization of News Ombudsmen (ONO), back when it was considered one of America’s great regional dailies, the Louisville Courier Journal was the first to name an ombudsman – someone to respond to reader complaints about the newspaper, both privately to the staff and by writing a column assessing how well the newspaper was doing its job. "
Report blasts foster care reform - Omaha.com
Report blasts foster care reform - Omaha.com
LINCOLN — Shifting child welfare duties from state workers to private contractors has not improved the lives of Nebraska's foster children, a new report shows.
ADVERTISING
The shift made some conditions worse, produced no change in others and created several new concerns, according to the state Foster Care Review Board.
LINCOLN — Shifting child welfare duties from state workers to private contractors has not improved the lives of Nebraska's foster children, a new report shows.
ADVERTISING
The shift made some conditions worse, produced no change in others and created several new concerns, according to the state Foster Care Review Board.
About Reactive Attachment Disorder
About Reactive Attachment Disorder: "Reactive Attachment Disorder (RAD) is a complex term for a complex psychiatric illness. Also called “attachment disorder” and considered by some a form of post-traumatic stress disorder, children with RAD struggle to forge emotional attachments to others, often because of serious disruptions in their early relationships.
Neglect, physical or emotional abuse, placement outside the home in foster care or an orphanage, and multiple changes in caregiver are frequent causes of reactive attachment disorder. Many adopted and foster children have painful histories. Approximately 2 percent of the population is adopted, and between 50 percent and 80 percent of these children display symptoms of attachment disorder."
Neglect, physical or emotional abuse, placement outside the home in foster care or an orphanage, and multiple changes in caregiver are frequent causes of reactive attachment disorder. Many adopted and foster children have painful histories. Approximately 2 percent of the population is adopted, and between 50 percent and 80 percent of these children display symptoms of attachment disorder."
Jonathan Emord -- Judicial Temperament
Jonathan Emord -- Judicial Temperament
JUDICIAL TEMPERAMENT
By Attorney Jonathan Emord
Author of "The Rise of Tyranny" and,
"Global Censorship of Health Information"
November 29, 2010
NewsWithViews.com
When a nominee for the federal bench testifies before the Senate, he or she is evaluated based on such things as “judicial temperament” and “fitness.” The term “judicial temperament” has no certain meaning and, so, each Senator approaches the evaluation with a different set of factors in mind. To restore liberty to the heart of the Constitution, United States Senators must demand that nominees have a judicial temperament that favors restoration of the non-delegation and separation of powers doctrines to the Constitution. Exiled since the 1930s, those doctrines must be resuscitated if we are to have any hope of restraining and culling back the abuses of the regulatory state. Liberty depends on judges who view with skepticism and are willing to strike down regulations that exceed statutory and constitutional law.
JUDICIAL TEMPERAMENT
By Attorney Jonathan Emord
Author of "The Rise of Tyranny" and,
"Global Censorship of Health Information"
November 29, 2010
NewsWithViews.com
When a nominee for the federal bench testifies before the Senate, he or she is evaluated based on such things as “judicial temperament” and “fitness.” The term “judicial temperament” has no certain meaning and, so, each Senator approaches the evaluation with a different set of factors in mind. To restore liberty to the heart of the Constitution, United States Senators must demand that nominees have a judicial temperament that favors restoration of the non-delegation and separation of powers doctrines to the Constitution. Exiled since the 1930s, those doctrines must be resuscitated if we are to have any hope of restraining and culling back the abuses of the regulatory state. Liberty depends on judges who view with skepticism and are willing to strike down regulations that exceed statutory and constitutional law.
Children's Bureau Express
Children's Bureau Express
New PSAs Spotlight Adoption of Siblings
The Ad Council, in cooperation with the Children's Bureau and AdoptUsKids, recently unveiled its newest media campaign to raise awareness of adoption from foster care. These new public service announcements (PSAs) in the form of television commercials, print ads, and radio spots use gentle humor to promote the adoption of one of the most difficult groups to place—brothers and sisters.
Research increasingly points to the importance of the connection that siblings share, a connection that is even more crucial to children in foster care, whose other family connections may be lost or tenuous at best. Siblings offer a lifelong connection to family, and child welfare best practice mandates that siblings be placed together in both foster care and adoptive homes, under most circumstances. The barrier to this best practice is the lack of adoptive families who are able or willing to take a sibling group.
The new PSAs are designed to let the public know about the need for families for brothers and sisters. Building on the successful theme of "You don't have to be perfect to be a perfect parent," the campaign adds the tagline, "There are thousands of siblings in foster care who'll take you as you are." Commercials show parents struggling to make experiences, such as camping, "perfect" for their children, but when the perfect experience is rained out or otherwise falls flat, the children still love it. The ads drive home the message that children—brothers and sisters—need parents who care about them.
Find the PSAs on the Ad Council website:
www.adcouncil.org/default.aspx?id=17
New PSAs Spotlight Adoption of Siblings
The Ad Council, in cooperation with the Children's Bureau and AdoptUsKids, recently unveiled its newest media campaign to raise awareness of adoption from foster care. These new public service announcements (PSAs) in the form of television commercials, print ads, and radio spots use gentle humor to promote the adoption of one of the most difficult groups to place—brothers and sisters.
Research increasingly points to the importance of the connection that siblings share, a connection that is even more crucial to children in foster care, whose other family connections may be lost or tenuous at best. Siblings offer a lifelong connection to family, and child welfare best practice mandates that siblings be placed together in both foster care and adoptive homes, under most circumstances. The barrier to this best practice is the lack of adoptive families who are able or willing to take a sibling group.
The new PSAs are designed to let the public know about the need for families for brothers and sisters. Building on the successful theme of "You don't have to be perfect to be a perfect parent," the campaign adds the tagline, "There are thousands of siblings in foster care who'll take you as you are." Commercials show parents struggling to make experiences, such as camping, "perfect" for their children, but when the perfect experience is rained out or otherwise falls flat, the children still love it. The ads drive home the message that children—brothers and sisters—need parents who care about them.
Find the PSAs on the Ad Council website:
www.adcouncil.org/default.aspx?id=17
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