I filed my lawsuit today! I hope to make some changes!

Discuss all aspects of suing CPS and its affiliates for the injustice done to your family.

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Teresa
Posts: 39
Joined: Sat Sep 25, 2004 5:58 am

I filed my lawsuit today! I hope to make some changes!

Postby Teresa » Sat Jul 09, 2005 1:53 am

After my Social Worker stole evidence, lied in her report and lots of other bad things I was able to prove it and get her disiplined. She had to resign. But when she did she went crazy and got dangerous. Her co-workers had covered up for her, she was seeing a psyc and on meds. The police had to come 2x. The director and two other workers had to get restraining orders against her. She ended up being taken to a mental institution by the police!

I am trying to make it so that social workers have to get prescreened for mental disorders, and because their jobs are so high stress... be periodically reviewed for mental problems.

I filed a lawsuit against the county today. There is not much money involved, so attorneys won't help me with it, so I had to do this on my own. I am hoping some attorney somewhere will come help and trying to get one... but I am doing the best I can on my own. Here it is if anyone has any comments or opinions on it, I sure am open! I am not even sure how the Causes of Actions should be counted, because in most incidents there were 5 or 6 constitutional violations.... and there were 23 different incidents...
I have changed the names in it.

http://www.geocities.com/ablueprincess/Changes4CWS.doc

ddc26588
Posts: 9
Joined: Fri Jul 29, 2005 11:53 pm
Location: fairmont wv

good luck

Postby ddc26588 » Sat Oct 01, 2005 8:11 am

I'm sorry I don't really have any advice for you as I am in the same boat but I would be interested in getting info on how to file a case against the county as I have been considering it myself. This cps stuff is bs all the way and we all need to stand up and quit taking this up the rear. Good luck to you and God bless your family.

Teresa
Posts: 39
Joined: Sat Sep 25, 2004 5:58 am

Postby Teresa » Sat Oct 01, 2005 9:54 am

You are in West Virginia? The first thing I was told to do by an attorney in California, was to file a claim with the county. You have a very short time to take any action in California. In California you only have 6 months from the time of the injury to file a claim with the county. Then you can start taking court action. The laws about it are found in the California Government Code Section 900. I know this does not help much where you are, but maybe you should search your own Government Code Sections and Civil Code of Procedure on how to sue a Public Entity in West Virginia.

Good Luck!
Teresa

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Frustrated
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Location: Canada
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Postby Frustrated » Sat Oct 01, 2005 12:51 pm

I DO BELIEVE THAT CPS WORKERS SHOULD HAVE THEIR MENTAL TESTS AT LEAST 6 MONTHS. WE SHOULD FORCE THEM TO TAKE ONE. WE CAN TRY WRITE TO SENATORS, CONGRESSMEN, CONSTIUENTS TO MAKE UP A NEW BILL TO ENFORCE CPS TO TAKE MENTAL EVALUATIONS BECAUSE OF THEIR LUDRICIOUS OPINIONS AND LIES PUT IN A FALSE REPORT WHICH IS ILLEGAL BY LAW.

(Making a false report over many years is an offenceable crime and is jailable, they should be put in Prisons for making False claims and ruined hundreds of Innocent Families. They are true Criminals and true Abusers too by putting Children in Foster Care System where they were actually abused and neglected.) :cry:

seekn2know
Posts: 5
Joined: Tue Jan 24, 2006 5:32 pm
Location: St Louis Mo

Class Action Suit against Div. Family Services

Postby seekn2know » Tue Jan 24, 2006 6:24 pm

I live in Missouri. I would like to ask if anyone has tried to file any class action suits against the DFS in their state? Has it made any difference? If anyone out there especially in Missouri would be interested, I would like to hear from them.

Today we got a call from the caseworker saying she would be 5-10 minutes late for our scheduled visitation with our grandaughter. 10 minutes before the time agreed she called back, and informed my son in law that she was canceling the visit due to (1)an "emergency" which came up, (2) the foster family had an emergency (3) it was too far to go all the way "out there" to get the baby and come all the way to my daughters house"since she was called to testify at a hearing in another part of Missouri and would be away the rest of the week.

We retained a lawyer on 1-9-06 and he filed a motion to intervene with the court on behalf of myself & my husband. We had been the caretakers of my 20 month old grandaughter the last 9 months till we were not able to finish the kinship licensing process. Then on 1-4-06 they came and pulled the baby out of our home & placed her in a foster home. No warning at all. Our lawyer has tried several times to have a meeting with DFS and one was scheduled, but this caseworker he tells us got freaked out, and scared. She refused to appear without an attorney after he had tried to call her. We feel she is trying to prevent reuniting the family. Today I told her we wanted another caseworker. Conflict of interest due to the motion to intervene. Our daughter just had her 2nd baby and now she is trying to force the parents to allow her to see the baby. She isn't sure the baby has been born but she suspects.
She told me that "If the baby HAS been born, and we withold that information, it could be seen as "suspicious". She also stated "we are required by law to interview every member of the household, and I need to just come over, see the baby, and give my congratulations" What a crock! She had said initially that the agency has nothing to do with that new baby, unless something were to come up.

She has lied multiple times to us and she acts like the traditional "hardhearted Ice Queen"
Proverbs 3:5,6

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Dazeemay
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Postby Dazeemay » Tue Jan 24, 2006 7:24 pm

I don't know if this will work, but it is worth a try if they do come for the baby.

http://forum.fightcps.com/viewtopic.php?t=1103

Read everything carefully and make sure of your decision. This is to prevent them from taking the baby. However, it can be court ordered for them to come and get the baby being as they already have allegations on you now. So it is best that you do not do this step. But, be very careful who you pick because cps could change their minds by stating they will be able to get money for foster care.

What prevented you from finishing the kinship process?

By ASFA Laws you as grandparents are to have the child

Public Law 105-89, The Adoption and Safe Families Act of 1997
Signed into law on November 19, 1997


H. R. 867
One Hundred Fifth Congress
of the
United States of America
go to this link and scroll down to this law. Give it to your attorney.

http://www.grandparentsforchildren.org/

This is typical of them to give the grandparents the child/ren and then take them away by accusing them.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

sp80631
Posts: 7
Joined: Sat Apr 08, 2006 6:46 pm

Postby sp80631 » Sun Apr 09, 2006 6:47 pm

Hi, I am new and I was wondering what has happened with your case. I am glad you are sueing the state. In my case, I have evidence to but I don't know if it is too late to file a lawsuit. My children have been away from me for almost 5 years. I don't know what the laws are in Oregon. I no longer live there, but that is where this ugly mess started. Does anyone know where I can find out if it is too late. I really want to file a suit against them. Please let me know. Thanks! :)

Teresa
Posts: 39
Joined: Sat Sep 25, 2004 5:58 am

Postby Teresa » Wed Apr 12, 2006 11:56 am

The case is continuing. I have not been able to find an attorney, so everything I have done has been by studying and trial and error. The first thing you need to do is to check the statutes of limitations and study case law concerning them. In my case I found out that because I was diagnosed with post traumatic stress syndrome (prior to the incidents) and because of the continuing doctrine theory and because of the joint tortafesaur theory I have a lot of tolling. I have also learned that the laws are much more friendly to me in federal court rather than state court. But I have learned that because I am pro per I am at a disadvantage with discovery abuses (which the county has used).

Mistchf
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Joined: Thu May 04, 2006 10:11 am
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Postby Mistchf » Thu May 04, 2006 9:28 pm

You go Teresa!!! Was your complaint accepted? That is what seems to be the hardest part in filing a federal claim. Also have you requested a jury trial? I just perused your initial filing and didn't see the normal "demand for jury trial" there. I was told by an attorney that you don't have to file a claim with the county to file a federal suit. Guess I will just the same to cover all bases..let me know if you need help!!! I'm near Sac, different district court but same rules basically. There is also a pro per file to download at the 9th eastern SF site. Lot's of help there!!!

Bob_Lynn
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Location: Pennsylvania
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Postby Bob_Lynn » Fri May 05, 2006 3:19 am

That's a suit with the Superior Court, Mistchf, not a federal suit. If you need a sample federal suit, here's the link to one:

http://www.pgh.aclu.org/pdf/20031003_underwood-c.pdf

That suit was won via settlement. If you need help filing a pro se federal suit, I can help you since I've done two of them and helped with a third one. All 3 suits are now in the discovery stage so they all survived the pleading stage.


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