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 rightsEvery 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.
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 theFederal 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.
, 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.
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.
, 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.
[Update - 5/19/11 - I was just given this link and want to share it with those of you who seek to file a federal lawsuit against CPS:Safety Lawsuits.]
Similar Posts:
- How to Sue CPS in Federal Court
- Fight CPS Legal Document & Information Library
- Texas: Katie Wernecke and Family Are Suing CPS, Six Social Workers, Nueces County, and Two Deputies
- Petitions!!!
- Class action lawsuit planned
American Family Rights
http://familyrights.us
“Until Every Child Comes Home”©
“The Voice of America’s Families”©
I was also told that you can’t take the CPS to court. The reason was: NO CASES against CPS in Federal court has been successful in Michigan. The attorneys do not even take a case like that because they know they won’t win. Michigan law says that CPS personnel are immune and that’s it.
The A.G in Michigan works for CPS, too, and they won’t answer directly to you. You have to have an attorney in Michigan to even get any answers.
send my son to father or they would detain him.
My son is schelduled to leave on Monday Dec 20th and he is wth me untl than. I have concerns because My son has mental issues, substance abuse and his father doesent have a plan in place. PLEASE HELP
kARLEEN
I may soon have the opportunity to speak in the legislative session here in Louisiana, in Baton Rouge and would like to hear from anyone in Louisiana who might wish to appear there with me as a “show of force”! I am a grandparent whose legal custody of our grandson was arbritarily “taken” from my husband and I via the juvenile court judge even though there was no abuse/neglect. I also would like to know what you, (or anyone) believes is the most crucial point in changing child protective practices. Please help me in any way that you can. Thanks.
Thanks, Michelle
I do not have a date yet but will let you know if you wish. Louisiana attorneys do not seem to be able to “fight” the system because they do not want to “make the judge mad” or they are woefully incompetent to do so. I wish I knew of someone but I do not because I believe that if we had had a competent attorney we would not be in the position that we are in. I will be on the look-out though.
I have heard of attorney Brown who was supposed to sue OCS on behalf of a family whose two young sons were taken by OCS on false allegations and they kept them in the “system” for six months! Seems this is the “required” time for OCS to make their federal dollars on the lives of our families and children. I did contact attorney Brown but he did not want to take our case unless we engaged his services. I have not contacted attorney Brown since last year and do not know if the suit was ever brought nor what the outcome was since the children were returned after those six months. Perhaps what we should do is initiate a class action lawsuit. I will let you know about BR.
kelmoy at gmail.com
I had 75% custody am a good parent, and have went through a despicable toxic custody battle with a Russian Online bride. Considering doing “The Any Country Foreign Bride Thing?”. (DON’T EVEN THINK ABOUT IT!) Unless your a sadist!
***Conclusion*** If your going through a divorce custody battle or have any other concerns for a child DO NOT CALL THE POLICE, OR CPS under any circumstances!
Get legal advice, go to the courts and get a protection order, if applicable modify your parenting plan immediately. Be prepared to support concerns. That’s all! Sure I was told not to call or make reports but not told, what to do if I suspected abuse. (BAD MISTAKE)
I have not seen or talked to my 8 yr old daughter since 4-20-2011 when I dropped her off to school. It’s time to gather together and end this CPS monster.
Very sad CPS= Child Punishment Services
the accusation.My husband molested our granddaughter. Tabitha was the one who claim all this and CPS the one who gave her the idea. I want to sue CPS .Because they made our life miserable with out our granddaughter. Because they had my husband and i see psychology and myself psychology. The judge believe my daughter due to she has attorney and I didn’t have attorney. You tellme is this justice.
I miss my granddaughters so much. I didn’t see them on Christmas and Easter.
It hurts so badly .I have written to newspaper and magazine.I wrote to Texas governor and Office consumer Affair.Senator and Congressman and Texas representative be lied to by CPS.I want to be apart of sue the CPS.False accusation towards my husband believe in a woman who has been crying wolf for a long time.
Since he’s been taken he stopped talking, eating, has diarrhea 6 times a day and pulls his hair out in patches and bald spots. I’m looking to sue. It will take years if ever to get him back to normal. Kids have breakdowns too and it”s evident that he has PTSD from the trauma!
Ultimately the day DCF came I invited her in as I was familiar with the entire process of a assumption of whatever was the latest in a long line of never having a case against me, (but the placement of children by DCF & court order for out of control without the abiity to even continue the juvenile visits. He attended school with my want to help ihim. He as well has 2 IEPs that doesnt appear to belong to his record there was that much change in him.) I offer no excuse of the yard needing to be raked I do not deny the need of a deeper clean of my home that day. But as soon as I heard drug use I volenteered testing or whatever to prove once again the abilitty to prove wrong the need for DCF involvement. She was perfectly pleasant during her questioning she offered an approximate time limit to allow closing of Investigation. She spoke to my children & mentioned a walk through of the home. OMG I immediately became not scared but embarrassed over being not in a perfect orfer. I told her to please allow just till the next morning so I could atleast attempt to straiten the not what I consered trash but still a insult to my abiilities & embarrassment of being seen. She then looked at me with a EWW appearance & said well, by lasw u have n choice in what I can do. It is DCF was allowed to do. Well I cannot deny insult of a snaughty thought to my home. So I told her that law also stated a need for Law enforcement & why did she just get the Officers there to allow her to take total disregard to a home that she visits not owns. Beofre arrival of the call for assistance. She was given the go ahead just to allow the situation to become over. She walked through, after never speaking to me or denying the complete disregad to how the officer claimed we were obvious drug involved because of a box of nasal decomp that had 5 pills left from the purchase of obvious need to the fact of our involvent with a med that was a main ingrediant to making Meth. I basically thought he was just going over board & told him to go to his car & get the test kit for what he claimed were present. He then said I had alot of knowledge of a drug that would not have been there without my abuse of. I basically defended my home & children wth obvious disregard his claim of FACT. & my denial being just amother effect of substance activity. Ultimately he claimed his tax dollars paid my bills, by my SSI of a disability. Basically the words of request for a full search of the premises. I tolld them to have at it I had nothing to hide. Upon completely the search she informed me of sheltering my kids due to a knife on the floor in my bedroom & pocket knives found in a sock drawer. that was a accessable area to my children & considered neglect in not locking them up. They also Found the empty bottles of adderall that was in my room that I had refused to give my children unless it became a need of control. I flushed several pills due to the scarring my daughter was inflicting on her own face & leaving blood & sores to the inability to stop. I was told it was a fact I had either sold or consumed the meds. & still no difference upon passing drug screening not 1 but 2 before she even left because of an unbelief of mistake. Any way We arrived for court & was again shocked by the finding of neglect or abuse to be pesent. I still hold no understanding of why it is considered fact if the DCF says something & I am only allowed to offer whatever at the accusations being a fact. We immediately agreed to whatever to get my children back. I rrecently met the caseworker & asked what the accusation was of. She said she did not know. But just go along with the process, proven myselff remedied upon their involvement, She also told me I would not be getting my kids that soon but she was filing for custody on the next court date. I asked why, She did not know. there are outlandish tale of my homes hazzardous to disrepair that can be proven to be a lie with just a second glance at the statements of DCF She would not so muuch as see what I was talking about. She just said to allow remedy of my abusive behavior being harmful to my children. I swear I ask for nothing more than a correction to lies of my homes repair or even the ability to come close to description by this woman. I have seemed to slip into an impossible to believe situation of what I could prove was false yet evals of me & mine intended was no way a check of the statements, by not agreeing with me but just check it and compare her statements to what she herself could attest to or agree with I was told the neg drug screens meant nothing they had ways of knowing of abuse of drugs with a childhood trauma & proved to be a fact of abuse caused a person to abuse. I am with everything I possess begging for advisse on where to turn in a tale of Nonexsistance to a life. this is just the most unbelievable occurence that I find hard to acept the reality to possibly even a belief in my own breakdown of my very life being torn at … PLEASE ANY ADVISE WOULD PROVE APPRECIATED FROM MYSELF & HUSBAND WITH BLESSINGS IN LIFE FOR ALLOWING JUST A MOMENT OF UR TIMEIN READING THIS… PLEASE I BEG FOR THE VERY SLIGHTEST OF A WORLD RIPPED DOWN.
“The claim and exercise of a Constitutional Right cannot be converted into
a
crime.”
Miller v. U.S. Source: 230 F 2d 486, 489
Children Rights and Responsibilities of Parents
Parents have a right to direct the care, control, and upbringing of their
children for as long as they are minors. This gives them the power to make
school
to attend, what religion to follow, and what medical treatment to obtain…
OK this will be a little long so im sorry already. 5 years ago cps was removed because of abused caused by my husband at the time. They wouldn’t give the kids to me. That case was closed. We moved to AZ and got divorced. Ever since then my ex husband calls on me for everything i have always been able to make them leave my 3 kids and i alone. well earlier this year i saw my ex husband hurt one of my children and i called cps caused i was advised by the police to do so. Cps charged me with failure to protect, but it got dropped again . in June children got in a fight i broke it up one of my children was hurt i took him to the hospital. Everything was fine i thought i went on my way about 1 week later the only day my has been messy since Feb. they showed up, i didn’t have as much food cause haven’t receive my food stamps, however had enough to get to the day i did get my stamps. they left came back 3 days later house was clean , food , and all they told me they were still taking my kids. I asked my worker why she said cause you had a case just close but i didn’t my ex did. She spoke with my kids, my children told them my mom never hurts us we are safe, happy an loved, and the worker told them we are not questioning her love for you. since then i have been charged with neglect cause they are saying my kids were filthy but they weren’t lack of food, messy house, and abuse for lack of supervision. they kids lawyer even has told cps you don’t have enough against the mother, you should dropped this and return her kids to her. they have refused. the worker has started she will removed my rights to my kids. they accused me of being SMI i didn’t even know that was until 1 week ago serious mental ill which im not my mental health doctor has never said that ever. i have witness to proved what kind of mom i am but cps worker keeps saying it. my lawyer says she thinks we can win but im really scared to lose my children. I have everyone on my side but cps, and ex husband. One of my child has info her foster mother slap her in the face she told cps and they told her we are not going to talk about this in front of your mom. my youngest was having an asthma attack in fact the weren’t giving my younger two kids their meds. they are willing to place my children with my ex family which my children have already told them were being hurt by their grandparents, kids lawyer said he will fight but it not the point it happening soon unless my kids come home and cps said that isn’t going to happen. Do you think after this over do i have a case against cps? my oldest is in a nice home but i want to keep my kids i don’t want them raised by anyone else. thank you for reading sorry it is so long please help if you can…
Fast forward to 1995.. the same son fell down in the bathroom and hit his eye on the counter, witnessed by his older brother and a family friend, I was not present when it happened. anyways he went to school and daycare telling them (when asked about his eye) that he had fell down and hit it. but upon visiting his therapist he supposedly told him that I had done it. later that evening dhs came to my home and removed him. 3 months later a police officer came to my door and removed my oldest son and went to the daycare and removed my other 2 children and I was told that my son that had been taken 3 months earlier had told his therapist that I had sexually abused him. I seen a video and the only thing my son had said was that i had touched his butt and then said and so did you to his therapist. A few months later my oldest son supposedly told the same therapist that I had done things to him.
Charges were brought against me in 1996 and later dropped after depositions because the therapist had admitted to telling my oldest son that he needed my son to tell him those things so he could be returned home to me and also the video that had my son making these supposed allegations couldnt be found and no one had ever seen it.
They also removed the baby I had been carrying due to the allegations. But a yr later let me keep another child that I gave birth to.
I have lived with those allegations over my head for the past 17 yrs. and needless to say it has ruined my life!!!!
I didn’t do those things that dhs and that therapist said that I did!!!! and I have found that is one charge that you can’t prove your innocence to. However I am still hopeful that someone will come forward that knows what dhs did to me and my family.
If anyone knows of someone that can help me clear my name and sue dhs and the therapist for the wrongs they have done to me and my kids please leave a comment for me. thanks