A VERY BIG THANK YOU TO DAZEEMAY!!!

[Bob_Lynn]

That beautiful person Dazeemay found this and it is a legal and literal ball buster for CPS and all their state colluders!!!

The United States Court of Appeals for the Eighth Circuit ruled on June 28, 2002 in Missouri Child Care Association vs Denise Cross, et al that states lose their 11th Amendment immunity protection by virtue of waiving them under the Spending Clause, when they agree to participate in receiving foster care reimbursement under the Adoption Assistance and Child Welfare Act of 1980, also known as Title IV-E of the Social Security Act.

What that means is that EVERY STATE that receives foster care reimbursement from the federal government (I believe that's all 50 states) HAS NO IMMUNITY protection when they violate your civil rights!

Those greedy bastards who are really racketeers under color of law are now subject to choking on their own greed!

Please see the following link:

http://www.ca8.uscourts.gov/opndir/02/06/013346P.pdf

[Dazeemay]

Your welcome Bob_Lynn! This is crucial for all of us.

It was hard for me to understand it all...

I know that I bookmarked the actual clause when all of this started for us but, I can't find it. And I only bookmarked it because I thought it might be useful some day.

This is when I did not know how to do folders so I am going through my hundreds of book marks to find it. If I had known what I know about folders I would have had it to you by now.

[mouse50595]

does that mean when they came into my house without a warrant when nobody was home they can get in trouble??

[Bob_Lynn]

It means if you sue them for violating your civil rights under color of law and they claim that they're immune from being sued by you and ask the judge to dismiss the case on those grounds (they always do) it's then up to you or your lawyer to use the case law that Dazeemay found to beat their argument.

[Dazeemay]

My question is, can we sue the individuals that work for the state or just the state? I want the individuals to suffer just as we suffered.

[Bob_Lynn]

You can sue anyone and everyone who violated your civil rights. In the case of people, you must sue them in their official and individual capacity. There are 15 different defendants in our lawsuit, including the state, the county, CPS, all the caseworkers involved, a judge, the CPS attorney, the Guardian ad Litem and our ex-attorney.

[Anonymous]

Since CPS/DFS/GAL/Judge have violated ny rights as to refuseing me the right to have custody of my children,and not acting in the best interest of my children,and also according to the law here in missouri CPS/DFS were supposed to notify me before questioning my girls.

And the CPS workers coned my girls into a statemet by telling them they would be in foster care one night and back with me the next.Thats why after my girls were told this they talked,they were told that they would contact me cause the girls requested it. And they didn't.My girls asked for me but were denied.

[Gary Shaw]

Dazeemay,

We have not filed yet since our grandchildren are still in custody and we seem to moving toward reunification and don't want to cause damage to that. We are going to name everyone involved in the lying and deceit, both in their professional capacity and as individuals.

Don't know if we can because the State of Georgia furnishes Malpractice Insurance to the employees of DFCS as part of their compensation, but we plan to ask the court to make the individuals pay for their own defense (just as we have all had to do) and not be able to use taxpayer money to defend themselves.

Thank you for the information.

Gary

[kdddav]

Dont forget to sue the Law Enforcement Officers who helped CPS Agents bust into your home under duress and without a warrant. They lose their immunity too. Enough Cops lose that, Nationwide it'll get known they can't do it violate your rights without consequnces.

The Tech

[sedwards]

ok mine happened in 2001 doethat give them immunity then . and they had a warrant for me does that give them right to take my kids... they said that the police had called them and told them they were coming to arrast me and th efather was n jail. but didnt i have the right to call someone to get the kids . i know th enext housethye went to they waited for er boyfriend . but dcf didnt go there ...

[Bob_Lynn]

Don't know if we can because the State of Georgia furnishes Malpractice Insurance to the employees of DFCS as part of their compensation, but we plan to ask the court to make the individuals pay for their own defense (just as we have all had to do) and not be able to use taxpayer money to defend themselves.Gary

You can ask for virtually anything you want via a request for an injunction but I seriously doubt you're going to be granted that. The irony of it all is that these racketeers are given free legal services when they are sued for violating people's constitutional rights and committing crimes against humanity and those suing them have to pay when they attacked and pay again to sue them.

[Dazeemay]

I wonder being as sedwards rights were violated in 2001 if she or any of us can file suit on the old 5th because this law did not change until recently?

[Bob_Lynn]

ok mine happened in 2001 doethat give them immunity then . and they had a warrant for me does that give them right to take my kids... they said that the police had called them and told them they were coming to arrast me and th efather was n jail. but didnt i have the right to call someone to get the kids . i know th enext housethye went to they waited for er boyfriend . but dcf didnt go there ...

Once a federal court rules on a constitutional question of law, it's retroactive. That means if it's unconstitutional today, with rare exceptions, it always was unconstitutional.

The problem in your case is that the statute of limitations is 2 years for a civil suit but please check with an attorney if you still have recourse.

[Bob_Lynn]

Note, the 5th Amendment DID NOT CHANGE. The Supreme Court merely interpreted a portion of the 5th Amendment, the application of eminent domain. This can be re-interpreted by the Supreme Court at a later date (if it's brought up to them again and they decide to hear it).

Only another new Amendment can change an existing Amendment.

[sedwards]

my atty said the statueof limitations was four years and there is no limitations on my daughter being molested in there care she can wait till after she is 18 and sue but i pray that she will forget it it ...

[sedwards]

He also said apparently they werent dong there job cause i never should have been arrested because i was doing all i could to get help for my son i had bakeracted him in oct 2001 and i have a policeman that will testify that he was coming to my house alot to get my sona nd make him go to school . and the atty said they should not have arrested me . that they are only supposed to arrest the parents that arent doing anything to help the child my son had been in counseling and all for years ..

[Bob_Lynn]

You better get another opinion because I heard from many sources that the statute of limitations on a civil suit is 2 years.

A child can file a civil suit within 2 years of turning 18 for violations perpetrated anytime prior to his/her 18th birthday.

A crime is another matter, anyone committing a crime can be prosecuted within the statute of limitations specific to the crime.

[sedwards]

i dont know what the atty is up to really bob . all i know is he said it would have never happened to my daughter had they not flasly removed them that is all i know right now . i am in georgia he is in florida . we talk on the phone and email .

[Anonymous]

The policecame to my home and told me that if i let them search the house the quicker i would get down to get my daughters.SO ok i let htem but i had extra people had the house to watch them.

And when i got down to the station and the questioned me and they said i could go down to get my girls at the hospital,the CPS workers already moved my daughters to a different location.SO the police tricked me into making a statement thinkning i would be picking up my daughters i never did.

And now the statement i gave is nothing like the questions and answers i responded too.

And my girls don't remember saying half the stuff they did in their statements.

And when you have 4 9mm pointed at you its hard to say NO.And i did ask for a warrant.Thats when they had me convinced i was going to get my daughters.

I was in a state of panic and duress and confussion,they took all 3 comps and my bed sheets and pillow cases etc.

[Gary Shaw]

Bob_Lynn

A lot of people posted here while I was at work today, therefore this seems untimely.

We absolutely will ask that they be made to pay. I am like you though, I don't think they will. I just want to make the point that it is unfair.


kdddav,

Believe it brother, everyone who is culpable will be named in their professional capacity and as an individual. I want a lawyer who will ask for a staggering amount of money. I do not want the money, most that comes will be placed in trust for the grandchildren who have suffered this ordeal (or as Dazeemay says, "upevil". The rest will be used to finance fixing CPS. What I really want is to expose the evils they do.

If exposed enough, maybe some of the apathetic people will start to take notice and listen.

Gary

[Bob_Lynn]

I agree with you Gary, go for it. For example, we named the family court judge in our lawsuit as did the other 2 lawsuits. We fully expect the federal judge to dismiss the family court judge on the grounds of absolute judicial immunity. But, we want to destroy this judge even if she is dismissed from the suit. And one way to go about it is through the media and through the lawsuits. Our respective lawsuits detail that she ran a kangaroo court for many years and as a result, was responsible for destroying many lives in collusion with CPS and others. This will not be swept under the rug once she is dismissed, we will make sure she will never be re-elected as a judge anywhere again.

[Gary Shaw]

Bob_Lynn

Our Judges (we have had two, the first retired) have not been so bad since we started fighting back and he learned there was two sides to the story. Unfortunately, even if he were bad, here in Georgia the Juvenile Court Judges are appointed (life) not elected. We elected the other judges, magistrate courts, superior courts etc.

I have a detailed list of all the state and Federal laws they have violated and have read a goodly number of lawsuits. I definitely intend to claim every little violation knowing most will be thrown out but at least its on the record.

I am looking forward to Federal Court. It seems to work much better and has different views that the rubber stamp Juvey Courts. It appears the odds are in our favor in Federal Court.

Edited to add: We are not going to name the Judge but are naming three CPS case workers, CPS supervisor, CPS manager, CPS County Director, Georgia Department of Human Resources, Department of Family and Childrens Services, Govenor Sonny Perdue, two Pyschologist whores who were coached on what to say, the commissioner of DHR, the director of DFCS, CASA, GAL, the Citizens Review Panel, CPS Investigator, Police Dectective. The Investigator, Detective, Case Workers, Supervisor, and County Director will be named as individuals also.

Good luck with yours, is it in progress or pending?

Gary[/i]

[Bob_Lynn]

It sounds like you have all your bases covered Gary.

Our suits are all at the pleadings stage (8 months into it now). Our attorney is working on an Amended Complaint. I think he's being overloaded because as soon as he's ready with it, I hit him with more information that I keep coming across, thanks to this site and others such as AFRA.