Can I sue the DHS??

[Enchanted*Forester]

I have been floored by the outright lying and back peddling that the DHS have been doing during my case. When all has been cleared and I leave the county so they are unable to come after us, is there a way to sue them for false charges? I want to make them pay for all the grief they have brought on our family. I'm not planning on asking for millions, but all of the trouble that this has caused with work, school, lawyers, doctors, etc. has caused financial burden and I think that they should pay for it. Can anyone help me?

[Dan Sullivan]

You're probably better off just moving and putting it all behind you.

I've been an activist since 1993 and I've yet to meet someone who successfully sued CPS.

Just MHO, Dan Sullivan

[redneckdad]

You can try to take CPS or cops to federal court like my planning this time.

We have planning to take the case to the federal court to make CPS and the detectives to resposible through to what they did to us.

Don`t STOP to fight for your kids !!

Somebody out there will listen and give you good justice !

Even CPS under the law ..... civil right still the number one on the top in America !!

Keep praying and hopefully GOD help you out of this problem !

[firegal_gears]

I would love to find out how to file a suit against the cps in my state. My husband was falsely accused of child abuse when my son went to school with barely a scratch on the side of his neck. The cps went to the school, interviewed, strip searched my 8 year old son, took pictures and badgered him for over a half hour. I was contacted by the school saying they were going to report the scratch on him and when I went to the school to see him they wouldn't allow me to because "He is in the middle of activies and it's not in his best interest to be disturbed." Needless to say many of our rights were violated especially when the cps and cops showed up at my door to arrest my husband without even doing an investigation first. If there is ANYONE out there that can PLEASE help my family I would truly appreciate it. My husband's preliminary is May 11th and has not been allowed to come back home since his arrest on April 12th.

[dasuberding]

Yes, you can sue but to be succesful at it you need to find a good civil rights attorney and discuss the case with him/her. Now is a good time as CPS nationwide is getting their asses handed to them in federal court on a monthly basis with some cases setting precedent. Suing them is the only way to get them competely out of your life and let me tell you from first hand expierence that social workers hate federal court. They know what they are doing is wrong. We just mentioned federal court and they started back peddling as fast as they could. Good luck.

[Bob_Lynn]

Just my opinion and certainly not legal advice but you need to take care of your husband's problem first before you make any real attempt at suing CPS. You also need to protect your child from potentially being seized by CPS. Once those issues are taken care of and depending on the outcome, you likely may have a federal civil rights case against CPS.

[dasuberding]

I agree with Bob in taking care of your husband and children first before attempting to sue. They will try to retaliate. One thing I forgot to mention is that when suing the county agency, you need to file a govt. tort claim within six months of the offending actions. This is a claim that gives the offending parties notice of the what, when, where, and why you are going to pursue them in federal court. It also gives them a certain amount of time to rectify the situation. They can then deny the claim, opening them up to prosecution fast or sit on it and then try to weasel their way out of it. Being that your husband was arrested, you can probably get them on unlawful arrest too. CPS are not trained investigators and they do what is called "cross reporting" meaning they "investigate" and then tell the police what they found during their "investigation". The thing is, they always lie during the cross report and these lies are easily exposed in federal court. So, beware that the clock is ticking, depending on your state, you only have six months or so. Find a lawyer who specifically deals in civil rights, child protective service violations, police officer misconduct.

I am not an attorney and this can't be construed as legal advice.

[Dazeemay]

What is the six months based on?

Is it from the day you get your child back?

What if you don't go federal and just sue the state?

How long then?

How long does a child have to be able to sue?

[firegal_gears]

I completely agree about getting my husband and children straight first. I am in the process of setting up guardianship for my children so that if the CPS does try to take my boys the only thing she can do is give them to my mother. As far as my husband is concerned we are trying to get him cleared of the bogus charges first. Honestly I'm not just trying to retaliate but at the same time they expect us to go to all these therapy sessions but will not help us pay for the appointments. I would be lying if I said that after he is cleared I would not appreciate reimbursement for all the financial strain this is putting us through. I'm not saying hundreds of thousands of dollars, I just think they should have to give back to us what they took for no reason. We are just an average family living from pay check to pay check and this has cost my husband his job due to him not being able to work and attend meetings at the same time. I, too, have taken a pay cut because I can only work 28 hours a week instead of my usual 40+. The CPS worker and social services in my area are more than willing to destroy my family and make us lose all that we do have, rather than try to find out the truth or even give us any kind of assistance during this rough time.

[firegal_gears]

I completely agree about getting my husband and children straight first. I am in the process of setting up guardianship for my children so that if the CPS does try to take my boys the only thing she can do is give them to my mother. As far as my husband is concerned we are trying to get him cleared of the bogus charges first. Honestly I'm not just trying to retaliate but at the same time they expect us to go to all these therapy sessions but will not help us pay for the appointments. I would be lying if I said that after he is cleared I would not appreciate reimbursement for all the financial strain this is putting us through. I'm not saying hundreds of thousands of dollars, I just think they should have to give back to us what they took for no reason. We are just an average family living from pay check to pay check and this has cost my husband his job due to him not being able to work and attend meetings at the same time. I, too, have taken a pay cut because I can only work 28 hours a week instead of my usual 40+. The CPS worker and social services in my area are more than willing to destroy my family and make us lose all that we do have, rather than try to find out the truth or even give us any kind of assistance during this rough time.

[firegal_gears]

I agree with Bob in taking care of your husband and children first before attempting to sue. They will try to retaliate. One thing I forgot to mention is that when suing the county agency, you need to file a govt. tort claim within six months of the offending actions. This is a claim that gives the offending parties notice of the what, when, where, and why you are going to pursue them in federal court. It also gives them a certain amount of time to rectify the situation. They can then deny the claim, opening them up to prosecution fast or sit on it and then try to weasel their way out of it. Being that your husband was arrested, you can probably get them on unlawful arrest too. CPS are not trained investigators and they do what is called "cross reporting" meaning they "investigate" and then tell the police what they found during their "investigation". The thing is, they always lie during the cross report and these lies are easily exposed in federal court. So, beware that the clock is ticking, depending on your state, you only have six months or so. Find a lawyer who specifically deals in civil rights, child protective service violations, police officer misconduct.

I am not an attorney and this can't be construed as legal advice.

Once my husband has been cleared I will be filing that govt. tort claim, thank you for the advice. I'm not trying to rush into sueing anyone especially the state. I know that would just be plain foolish and open a whole other door to a worse hell. I just want to have as much information as possible so that when the time does come we won't have to waste anytime. Finding a lawyer around here isn't as easy as it sounds either. I live in a small town where there is only one little back road for all the local lawyers office's. By local I mean in my county. For us to find a lawyer who deals specifically in civil rights, child protective service violations and police officer misconduct we will have to find an outside lawyer. Sadly we don't have the money for the lawyer we have, THANK GOD for family! Yes we have to pay them back for this lawyer but if we had to outright pay out of our pockets we would have been SOL. I guess what I'm saying is we would have to find a lawyer who would be willing to take his pay from the settlement. I know all of our rights have been violated on such an extreme level and I guarantee the CPS didn't expect us to get the lawyer that we did. Our first appointment with our lawyer the CPS worker made me late. She had called me at 10am the morning after my husband was arrested saying that I had to come to her office to sign the "safety plan" and I told her that I would not meet or talk with her until after my appointment with our lawyer that afternoon at 1:30pm. Several times I told her once I had spoken to my lawyer I would be in touch....so what does she do next you may ask? She shows up at my door at 12:45pm demanding I sign her papers, once again knowing that I had to meet the lawyer at 1:30pm. My mother was here at my home with me both when I told the CPS worker over the phone I would call her that afternoon and also when the CPS worker showed up at my door. This is truly an unreal situation that I thought was only happening to us. When I found this site it brought tears to my eyes realizing that there are all these innocent families being targets of the CPS and that all those children out there really are in danger are not receiving the attention they need.

[Bob_Lynn]

My opinion is that when and if you're ready to sue, you sue for millions. This is not just about getting your money back. To help prevent them from doing this time and again to other families, you have to hit them hard financially because that's all they understand. When the state and/or municipalilty and/or individual caseworkers begin to realize that committing these crimes is extremely costly via lawsuits they will also begin to closely monitor their agencies to try to prevent more of these types of lawsuits. And when other victims see these lawsuits win time after time, more victims will sue and more lawyers will help victims sue.

Part of the purpose of these lawsuits is also to keep adding to the library of case law to help others win their lawsuits.

Additionally, you have every right to financial retribution for what these criminals did to your family. Go for the gusto and don't look back. Good luck!

[Dan Sullivan]

If there is ANYONE out there that can PLEASE help my family I would truly appreciate it. My husband's preliminary is May 11th and has not been allowed to come back home since his arrest on April 12th.

How was the boy supposedly hurt?

And the only evidence is a scratch?

That's not going to trial.

A scratch may be enought for CPS to screw you around, but it won't hold up if they make a positive finding and you challenge their decision.

And as far as suing CPS... CPS was called to the school by someone in the school who suspected child abuse. IOW CPS was just doing their job. Speak to an attny.

I've been an activist 13 years and I've never met anyone who successfully sued CPS.

I don't think anyone on FightCPS has sued CPS and won either.

Best, Dan

[Bob_Lynn]

CPS has been sued and lost many cases. We know this is true because there is much case law on the subject.

There are 3 federal lawsuits against CPS in our County and I fully expect all 3 to win. In fact, I'm very confident that our case is going in the right direction and we may go to trial by the end of this year.

[Bob_Lynn]

Oh and to expand on the subject, our local CPS was sued by a whistleblower and he won $180,000 in a judgment in 2005. We hired the attorney who won that lawsuit.

[dasuberding]

"What is the six months based on? "

The timeline might vary from state to state but the tort claim must be filed and served before the time frame is up or you are out of luck.

"Is it from the day you get your child back?"

We waited until our son was returned home and then slammed them with the tort claim, waited, and then slammed them again with the federal lawsuit. If your child is kidnapped, do everything in your power to get the child returned and then screw them! All it took for us was threatening a federal lawsuit.



"What if you don't go federal and just sue the state?"

Suing the state is a waste of time and resources. That's like going to the coach of the opposite team, instead of the referee, to complain about a bad play. Every case involves violation of the Bill of Rights and that makes it a federal matter. Big no-go in the eyes of the federal court system. Also, the federal court system is fully aware of the abuses inflicted upon the public by CPS. They are losing everywhere, in every state. The feds to not screw around when it comes to family rights.

"How long then?"

Same time frame. You have the time allowed that your state allows you to sue but you need to start with the govt. tort claim.

"How long does a child have to be able to sue?"

From what research I have done, the child has two years upon reaching the age of 18 to sue the perps.

"My opinion is that when and if you're ready to sue, you sue for millions."

You will be suing for unspecified damages. One of the reasons that the majority of these CPS abuse cases settle out of court is due the offending agency not wanting publicity and they also risk receiving a ruling from a federal judge that could shut them down. Out of business. Something like this just happened in Missouri.

http://www.belleville.com/mld/bellevill ... 474474.htm

The bottom line...it's all about the money to these incompetent criminals. Hit them where it hurts the most, in the wallet.

Also, you want to find a lawyer from out of town, out of county, who has no connection to the local courts. All these local lawyers no one another and the court system, a good 'ol boy network. You need an outsider who will grab them by the jimmies and not let go.

[Dan Sullivan]

Ellwood City Ledger: 9/15/05

Whistleblowing social worker reinstated

Allegheny County, Pa.: A fired Allegheny County social worker will be paid $154,000 and rehired by the county as part of a deal to settle a 2003 whistleblower lawsuit.

Penne Fabian, who was a Children, Youth and Families caseworker, sued the county and Human Services Director Marc Cherna. She alleged she was fired in October 2002 because she resisted Cherna's demand to delete from a report to the state that the agency was making only 42 percent of the required monthly home visits to troubled families.

The county and Cherna argued that she was fired for due cause and not because of the report.

Fabian, 42, of Pittsburgh, is scheduled to return to work Friday. She will earn $55,008--up from $52,029 when she was fired--as a caseworker in a county jail program.

A human services spokeswoman said Cherna was advised by the county attorney not to comment. Fabian declined comment through her attorney, who cited a gag agreement included in the settlement.

[Bob_Lynn]

Whistleblowing social worker reinstated

Allegheny County, Pa.: A fired Allegheny County social worker will be paid $154,000 and rehired by the county as part of a deal to settle a 2003 whistleblower lawsuit.

Thanks, I forgot about that case, but I'm referring to the case against Monroe County Children & Youth Services. There was also another federal case that was won by settlement by the ACLU against Beaver County Children & Youth Services. That was the 5th consecutive win by the same ACLU attorney against that CPS.

So these are just some examples in Pennsylvania alone where CPS has been sued in federal court and beaten successfully.

[firegal_gears]

Today our lawyer called us (separately of course since my husband is not allowed in our home or near the boys) to let us know that tomorrow morning we have to go to court for a bail review hearing? Does anyone know what that usually consists of? As far as sueing for millions...yeah the thought is nice, but I really can not afford any more lawyers and I am almost willing to bet this would be way over our lawyers head. If anyone knows of any good lawyers who are around the Maryland area that would take on this case and take his payment from the settlement please let me know. I would be more than willing to file a lawsuit after my husband is cleared of these ridiculous charges. I won't forget to file the govt. tort within the 6 months, that much I can promise. For now I am just waiting to get my husband home before I worry about the lawsuit.

[dasuberding]

A good civil rights attorney will take his payment from the settlement if you decide to pursue them in federal court. Also, you don't have to wait until the criminal proceedings are done with to get the ball rolling. I wouldn't give CPS or the DA's office a heads up but once the county supervisors recieve that tort claim, they will know that you are not to be screwed with and you mean business. If the DA pusues the trial and fails, you can always take the DA to federal court for unlawful prosecution. In CA, cops and sheriffs are getting critisized extremely hard due to them being used as muscle by the social services. Some are in collusion with the offenders and some are just plain being lied to and know it, yet they do nothing to protect your and your family's rights. Cops are not lawyers, just law enforcers. Regardless, when you sue you will be suing them all together in one big lump. Just so you know you don't have to wait to get on it. Find a good lawyer.

[firegal_gears]

I think when my husband is cleared we will be taking this to the federal court, though still not 100% sure. If we can find a decent lawyer that will take the payment from the settlement than yes more than likely we will. I thought we would have to wait to see what happens, so thanks for the tip. I wouldn't dream of giving the CPS or the DA's office a heads up. Where should I file the tort claim? Is that something I can do myself or should I get the civil rights attorney first? How can I find a decent lawyer for this? Are there any that you know of that would be close to my area? I really don't even know where to start on this...sorry.




A good civil rights attorney will take his payment from the settlement if you decide to pursue them in federal court. Also, you don't have to wait until the criminal proceedings are done with to get the ball rolling. I wouldn't give CPS or the DA's office a heads up but once the county supervisors recieve that tort claim, they will know that you are not to be screwed with and you mean business. If the DA pusues the trial and fails, you can always take the DA to federal court for unlawful prosecution. In CA, cops and sheriffs are getting critisized extremely hard due to them being used as muscle by the social services. Some are in collusion with the offenders and some are just plain being lied to and know it, yet they do nothing to protect your and your family's rights. Cops are not lawyers, just law enforcers. Regardless, when you sue you will be suing them all together in one big lump. Just so you know you don't have to wait to get on it. Find a good lawyer.

[dasuberding]

Waiting to get your husband's name cleared might be a good idea, if he goes to trial fast and it will give CPS and crew more time to dig their hole deeper. I'm 100% sure they will make matters worse for themselves. It's all about how much you are going to let them screw you...bottom line. Stand up for your rights but don't give them a warning of what will happen. These scumbags are cowards and when caught they will try to "remedy" the situation but you want these people out of your lives. They will never leave unless you do this. Push for a jury trial and fast. Due process. A right to a speedy trial. I would try to find a civil rights attorney. The attorney can file the tort claim and will probably being sending it to the county supervisors, who will then pass it on to the offending parties. Good luck.

[firegal_gears]

My husband went in front of the judge today for his bail review, so far so good. The bail was released and the judge told our lawyer that if he could file an order and have the states attorney sign it then my husband can come home until court. The only stipulation with that is my husband is not to be left alone with the boys until after this goes to court. I told the lawyer that would be fine since I am home now 24/7. Hopefully the lawyer can get the papers signed and all before the end of the day so my husband can come home tonight! Though I know not to get my hopes up, the judge seemed skeptical of the charges as well as the lawyer that was there on behalf of the state...so everyone keep your fingers crossed PLEASE! The lawyer for the state told our lawyer that he didn't believe this was a child abuse case and that maybe it was just an over discipline and our lawyer told him that it wasn't even like that. So hopefully we will have the states lawyer on our side as well...it sure sounded like the judge was upset over the facts that were brought to him. When the states lawyer said we were not meeting the expectations of the CPS worker the judge flat out said "How can he if he is to have no contact with his family?". That has got to be in our favor right???

As far as the scumbag CPS worker, our lawyer told us to stay away from her until this is over. Also I did ask our lawyer if my son was allowed to come to court with us and he said yes bring him! Finally things are starter to appear a little better. I think our lawyer has been hinting around a lawsuit as well...so we are going to wait and see what happens and after all this see what he wants to do from there. If he thinks he can handle such a case, and he clears my husband's name, then I think we owe it to him to try to handle the situation. Though we are still looking into a civil rights lawyer just in case.

[Dan Sullivan]

My husband went in front of the judge today for his bail review, so far so good. The bail was released and the judge told our lawyer that if he could file an order and have the states attorney sign it then my husband can come home until court. The only stipulation with that is my husband is not to be left alone with the boys until after this goes to court. I told the lawyer that would be fine since I am home now 24/7. Hopefully the lawyer can get the papers signed and all before the end of the day so my husband can come home tonight! Though I know not to get my hopes up, the judge seemed skeptical of the charges as well as the lawyer that was there on behalf of the state...

Sounds like these guys don't want to waste time on nothing.

Good for you.

Best, Dan

[Bob_Lynn]

I'm really happy for you because this sounds a lot like the judge is trying to be fair (which is often not the case) and he sees this as a completely out of control issue. The caseworker is doing this out of pure malicious intent as far as I can tell and not just a case of incompetence.