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 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 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.

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.

[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.]

Arizona CPS Boss Calls Agency Toxic; Child Protective Service

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Arizona CPS Boss Calls Agency Toxic; Child Protective Service

CPS Supervisor Hired CPS Worker Knowing She had Previously Hired A Hitman To Kill Her Ex-Husband

A social worker who hired a hitman to kill her ex-husband was given a job with her local councils’ child protection unit, it has emerged.

Bath and North East Somerset Council was forced to apologise after it hired Lynda Barnes  knowing that she had previously been found guilty of conspiracy to murder.

Barnes, 55, was convicted of the charge after offering a contract killer £10,000 to ‘take out’ her former husband Rodney.

She was given a two-year suspended prison sentence in 1995 and was sacked from her job at Avon County Council.

Barnes was later given the job with Bath and Somerset Council, despite admitting to the conviction during the application process.

But her past emerged during a child protection case at Bath County Court last June where she allegedly lied on oath and asked another social worker to lie to the court.

The judge ordered an investigation and published a damning report into her ‘appalling’ actions.

Barnes, from Nailsea, north Somerset, has now resigned from her post where she held a senior job managing 20 social workers.

The council has reviewed all cases she handled during her employment.

A council spokesman said it has apologised to the families involved with Lynda Barnes and has also offered an apology to the court.

‘Lynda Barnes lied to the court under oath. She also asked one of our other social workers to do the same,’ the spokesman said.

This other social worker immediately reported her and the Council immediately brought this to the court’s attention.

‘The council acknowledged in court that errors were made in the management of the case.’

Barnes was arrested in July 1993 after arranging a meeting with a hitman ‘Peter’ – who turned out to be an undercover policeman.

She met him in layby on the M4 and offered him £10,000 to murder her abusive former husband Rodney, then 33, with whom she had split two years previously.

Barnes planned to sell his unique turbo Fireblade motorcycle to finance the hit, the trial at Bristol Crown Court heard.

She initially denied conspiracy to murder but dramatically halted the trial on the second day to change her plea to guilty.

On March 24 1995 Judge Peter Fallon said he was imposing a lenient two year suspended sentence as the case was ‘the most unique set of circumstances’ he had ever seen.

A co-conspirator, who helped set up a meeting with the undercover policeman, received a 38-month sentence.

At the time of her conviction Barnes was a social worker in the Child Care Department of Avon County Council.

She tried to take them to a tribunal, claiming unfair dismissal, but the case was thrown out.

In 1996 Avon County Council was scrapped and the area it covered was split between a number of local authorities, including Bath and North East Somerset Council.

Judge Paul Barclay said he was ‘appalled’ and carried out his own investigation into Barnes’ past, which exposed her criminal past.

It emerged that she had disclosed her conviction during the application process.

But she gave Bath and North East Somerset Council a ‘highly sanitised version of events in which her role is minimised compared to what is revealed in the Crown Court papers,’ Judge Barclay said.

She also registered with the General Social Care Council (GSCC) in January 2006 after they believed her version of her role in the crime without checking with the CPS.

Barnes was involved in 17 cases in which 31 children were removed from the care of their parents before she resigned in March this year.

Yesterday Judge Barclay’s report into the case was made public after Barnes failed in a Court of Appeal application to prevent her being identified.

Bath and North East Somerset admitted it was a mistake to employ Barnes but said no children under Barnes’ protection had been unfairly removed from their families.

The spokesman added: ‘Council managers acted to remove Lynda Barnes from duty and address any possible areas of concern as soon as possible.

‘In response to the Judge’s ruling, a further investigation will take place where disciplinary proceedings will be considered.

‘We have looked again at our systems and found that they are correct but need more rigorous enforcement.

‘We have carried out an investigation into other cases where Lynda Barnes had a significant involvement to assure ourselves that no children have been unfairly removed from their families.

The spokesman added the council took its responsibilities extremely seriously and is determined to prevent mistakes like this happening again.

Councillor Chris Watt, Cabinet Member for Children’s Services, said: ‘It was a mistake to employ Lynda Barnes and one that we regret.

‘I asked for a review of cases where Lynda Barnes had a significant involvement and am satisfied that no children have been unfairly removed from their families.’

The GSCC, which is now reviewing Mrs Barnes’ registration, said it knew about her conviction and referred her application to a committee in 2006, which agreed she could be registered.

A spokesman for the GSCC said in a statement: ‘We are applying to suspend Mrs Barnes on a temporary basis whilst we investigate.’

Hardin County CPS Workers Won’t Be Disciplined For Fraud

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KIDS YANKED FROM HOMES – MONEY MADE, FAMILIES LOST By Dr. Laurie Roth

August 9, 2013
NewsWithViews.com

This week on my weekly crime segment I interviewed the Activists behind www.corruptct.com. They have asked to remain anonymous due to the evil they confront on a regular basis. Using only first names they exposed what seems to be a growing and real conspiracy to yank kids from good homes without due process and common sense. Cases of absurd withdrawals of children from perfectly good homes are growing through out the country, rendering it unsafe to even raise your kids (Department of children and families) in a normal manner. Parents be very concerned. Kids are now widgets to be used to make money.

The Corrupt CT activists shared the unbelievable and ongoing story of Jamaal Jacob who had his young daughter apprehended by DCF in response to a call. Someone reported seeing a bruise on her head. (I was asked to keep her name and age out of the article since this is a case in progress)

I talked with Jamaal Jacob who said there were other kids in the house and the bruise on his daughter’s forehead was simply from Childs play and rough housing between the children. It wasn’t serious enough to even go to the Doctor. The daughter was taken by DCF regardless of what the Dad said happened. She has been forced to stay in the system, away from her home since November 2012.

It gets worse

Jamaal Jacob and his fiancée (who was not in the home at the time) were both criminally charged with ‘Risk of injury to a minor’ and are in the middle of a trial. One court date has already occurred and the trial is continuing. They both face 10 years in prison if convicted. Jamaal’s daughter has not been allowed home since November 2012. When interviewed by DCF the daughter also said it was Childs play and her Dad had not hit her.

Jamaal was denied due process, lied to repeatedly and is now facing 10 years in prison if convicted. All this because his young-school age daughter was seen with one bruise on her forehead. I kept looking for what else could possibly be in this story to make DCF act as literal kidnappers and ignore the simple and seemingly honest explanation from the Dad and the Daughter. “Does Jamaal have a criminal record or abuse background in anyway?” NO. “Have there been other noted bruises noticed on his daughters body?” NO. “Is there money involved here?” YES.

The Corrupt CT team told me of Title 5 funding available to the states from the Feds given up for each child in the system. DCF gets money peppered all over their ‘child seeking’ business.

I know as a ‘Foster adopt’ parent myself, that the state pays money per month to assist with health care, mental health needs and expenses. This is appropriate and having walked through the system with my Husband to adopt our kids many DCF workers and Foster families operate with compassion, common sense and inside the law.

Things are very different now – more money and more corruption

Corrupt CT said that cases involving kids being yanked from families and stuck in the system for a year or two are becoming much more common. These cases are started and financed by Title 5 funding for a simple call in reporting a bruise. No one wants a kid stuck in an abusive home of any kind, but we are talking about a system now that is ignoring due process, ignoring common sense and ignoring reasonable testimony . I call this a national conspiracy to make money on children and destroy the rights of families.

I shared with them story after story of bruises and injuries I got as a kid while playing hard. I went to school with occasional bruises and a sprained ankle or two. My parents weren’t arrested and I wasn’t yanked from our home. For that matter, I have a 10-year-old boy who also plays hard, tearing around the forest that we live in. I know he has had a few bruises and scratches. Am I to be arrested now and my boy yanked from my home? The way things are going now is that good parents should be scared. Spies are everywhere and Teachers, Counselors; authorities are intimidated to report literally everything. The tragic part is that the system the kids are being thrown into are often times the real abusers.

Kids are a money making commodity

Corrupt CT Judge Ciavarella was sentenced to 28 years for selling kids to the Prison System. Unbelievable as it is he unjustly sentenced over 5,000 young men and women to maximum prison sentences, making big bucks. He received millions of dollars for giving these long prison sentences. The Pennsylvania Supreme Court has now overturned 4,000 of these convictions.

Pathetically, Judge Ciavarella’s attorney asked for reasonable sentencing, saying that the ‘media coverage’ punished the Judge enough. He then said he would be forever thought of as the ‘Kids for Cash’ judge. I guess we are to feel sorry for him now. Oh baby…how unfair…how cruel and inconvenient for his career. I simply hope that he enjoys being someone else’s girlfriend in prison.

The FBI recently rescued 105 children from a national Sex Trafficking ring at a Saudi Compound in VA. The Blaze and other news sources covered this in depth and linked this Sex network to over 76 cities. This is just one of the networks broken up. There were also 12 MS-13 gang members arrested and involved with child sex trafficking.

Kids used to be our protected treasures, now they are inventory to sell

There are many tentacles to this very real conspiracy of using our kids to make money. The Child Protection groups, who use lots of various initials — is making big money all through their system to yank kids out of perfectly good homes and keep them flowing through the system. Damn families – Damn the truth and make money.

Apparently, at least one Judge (no doubt there are more who haven’t been caught yet) was making millions of dollars in bribes for sending kids off to maximum prison sentences.

Finally, Sex trafficking rings are growing and deadly all through our country. Thankfully the FBI recently rescued 105 children from the Sex Trafficking ring in VA, but there are many more and dangers everywhere. Money is to be made on ‘children’ by the Government, DCF, Sex Trafficking rings, Judges, Illegal aliens- MS-13 Gang.

Follow Jamaal Jacob’s unfolding case and other horrifying and compelling cases against our families and children at www.corruptct.com.

Join www.corruptct.com and support their efforts to shine the light of truth.

Join me each day as I explore these and other issues on my national radio show from 7-10pm PAC at: www.therothshow.com.

Funded Kidnappers Story (To Be Continued) By Kalliope Harper (part 2)

We couldn’t say anything at that point. We were stunned and couldn’t comprehend what this child was saying to us What had happened to this child all these years?

Mike called the abuse hotline and reported it immediately. We were told not to take him back to New York State at that moment We were to keep him in Pennsylvania until all of this could be sorted out.

Instantly we knew we could never send Mikey back to that hell. We somehow had to gain custoday of him in order to keep him safe. We just couldn’t fathom how anyone could do that to a child. We thought with just a little love and security Mikey would be fine. We thought wrong.

We gained legal and physical custody of Mikey in November of 2004. After 2005, Julia would never see her son again. To this day no authorities have brought criminal charges against Julia or anyone else that was involved in the sexual abuse against Mikey. They are as free as birds and free to do whatever they please.

—Family Services & Mikey—-

Because we had to hotline the abuse of Mikey, county family services entered our lives. We knew that Mikey had serious mental and behavioral issues. They offered to send Mikey to counseling. We thought that might be a good idea and agreed. Family services were quite nice to us… in the beginning.

Mikey has seen several counselors over the years. Mikey has been prescribed several drugs over the years. Nothing seemed to help him.

Mikey’s behavior was uncontrollable. He had a problem touching other children and invading their personal space. He also talked about killing himself and others. Mikey had to be constantly monitored by someone. It was getting to the point we were afraid to sleep at night because we really wasn’t sure what he was capable of.

In the Spring of 2008 we hired a neighborhood couple to do some yard work for us. They were in their 30s and somewhat developmentally disabled. But they were hard workers none the less.

One night as we sat at dinner we had a knock at the door. It was the woman we had hired to do yard work. She looked upset and wanted to speak to my husband outside n the porch. She relayed to him that during the course of the day that Mikey had struck up a conversatin with her. In the middle of the conversation Mikey, only being 11 years old started to fondle her breasts.. She was shocked and upset. She told us that she wasn’t coming back to work for us because she was shaken by the whole situation. We told her we would take care of Mikey and deal with him accordingly.

Needless to say we were shocked. We didn’t know what to do. We knew we could be legally held responsible for his actions. We made the decision to take Mikey to the local ER to have a psychological evaluation.

The ER doctor agreed with us something wasn’t right with Mikey and he needed to be somewhere to be monitored. Of course we had to ntify our caseworker of the situation. It was decided to send Mikey t a residential treatment facility near Pittsburgh.

Mikey spent a year at the treatment facility. He got intensive counseling and behavior modification. He seemed to be doing well there We had hoped he was starting to turn the corner and thrive. In July of 2009, Mikey was sent back home t live with us. This is when the family service nightmare truly began.

For the first few months Mikey did well. He had remembered all that  he learned in Pittsburgh. He really tried to make a clean start. Little by little though he started slipping back into habits and ways of thinking. We were living the nightmare yet again.

We contacted the caseworker and told him our concerns. The caseworker said they would make it out that week. Indeed he did make it out to the house but not for what we thought. It was like overnight our case had been transformed into something else.

He didn’t talk about Mikey’s behaviors or safety concerns. He talked about my housekeeping and our parenting skills. He told us just sign this family service plan and we can get Mikey and you the help he needs. Of course we signed it; we thought it was a lifeline being thrown to us. It wasn’t until much later n that we learned that a family service plan is little more than a contract admitting guilt to something.

All f a sudden we were bombarded by a constant parade of people through our house every week. All they talked about is how to keep house and giving hour lectures on how the kids shouldn’t leave juice glasses on the table. Me and Mike were overwhelmed and confused.

Let me take a moment to explain something to you. I will admit I am not the worlds best housekeeper. Yes my house has that lived in look. I have six children living in my house. If I followed after them cleaning every single mess when it happened I would never get anything done. There is NOTHING in my house that puts my children in imminent danger.

These caseworkers would show up at all hours of the day whenever they felt like it. If me and Mike were nt home when they showed up we were accused of avoiding them. We were getting very upset and stressed out. We didn’t know what to do. We wanted them to stop this. The services they were giving us were not helping Mikey. Every time they brought a new service plan to us or talked about housekeeping we told them it wasn’t helping us. We told them we wanted it to stop.. They told us point blank ” YOU WILL TAKE THESE SERVICES. YOU WILL SIGN THIS SERVICE PLAN OR WE WILL TAKE YOUR CHILDREN.” Me and Mike felt we were up against a wall we didn’t know what to do. We thought if we just appeased them they would finally go away. They never go away…NEVER. They made us feel like criminals. They made us feel like we were the ones who did something wrong. All we wanted was to Mikey to get they help he needed to get better.

To be continued…

Speed of foster care fix troubling for some – In lieu Governor Deal’s proposal of revamping Case workers in Georgia

Georgia Coalition for Child Protection Reform

By Jaime Sarrio
The Atlanta Journal-Constitution
A plan to put private organizations in charge of Georgia’s approximately 7,000 foster children is moving too fast for some child advocates who want more study before overhauling the system.
Gov. Nathan Deal last week announced plans to turn over aspects of the state’s child-protection system to private organizations after revelations of widespread failings by the agency. A bill could be introduced this session that would call for changes as early as 2015, said sources familiar with the legislation.
The sleeper issue wasn’t expected to gain traction during this speedy legislative session, but a looming federal deadline related to foster care funding has ignited a sense of urgency. Rick Jackson, a Georgia executive and philanthropist pushing the change, said the state will need to get a spending waiver from the federal government this year to make privatization a possibility.
“It’s kind of a now-or-never…

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