Filing suit to get cps records

[Mistchf]

And as I said..I did make my request to the Director, or as you refer to it, the Commish. And yes, now I have proof that they violated their own laws...and now I have to take it to court. No one should have to do that.

And again..just because it happened for you doesn't mean it's going to happen that way in every case.

[Dan Sullivan]

And as I said..I did make my request to the Director, or as you refer to it, the Commish. And yes, now I have proof that they violated their own laws...and now I have to take it to court. No one should have to do that.

And again..just because it happened for you doesn't mean it's going to happen that way in every case.

I didn't say you will get the records, I said you SHOULD get the records.

How long has it been since the Director's Office signed the return receipt?

Did you make a follow up phone call?

[Bob_Lynn]

So Dan, let's assume that, as in my case, nothing you do gets you your case records, not even your "expert" advice (I know that's hard to believe), and the only way left to get your case records is to file a federal suit, would you suggest you just drop the issue and forget about it or actually do the unthinkable and file a federal suit (assuming you're able and willing)?

[Dan Sullivan]

So Dan, let's assume that, as in my case, nothing you do gets you your case records,

I don't know what you did to get your case records.

not even your "expert" advice (I know that's hard to believe),

You didn't have my advice.

and the only way left to get your case records is to file a federal suit,

I don't know that for a fact.

would you suggest you just drop the issue and forget about it or actually do the unthinkable and file a federal suit (assuming you're able and willing)?

I never dropped the issue.

And I got my case records without filing a federal suit.

[Bob_Lynn]

I don't know what you did to get your case records.

It doesn't matter, that wasn't the point of my question.

You didn't have my advice.

That doesn't matter either, it also isn't the point of my question.

and the only way left to get your case records is to file a federal suit,

I don't know that for a fact.

I can tell you for a fact that you can get your case records via a federal subpoena and once again, it also doesn't matter, I asked you a question based on that you can't get your case records any other way as I could not.

would you suggest you just drop the issue and forget about it or actually do the unthinkable and file a federal suit (assuming you're able and willing)?

I never dropped the issue.

And I got my case records without filing a federal suit.

My question wasn't directed about your case, I asked for what you would advise others do.

Did you take dance lessons Dan, you seem to be an expert dancer, especially at the side step.

[Dan Sullivan]

I don't know what you did to get your case records.

It doesn't matter, that wasn't the point of my question.

It was part of your premise, Bob.

You didn't have my advice.

That doesn't matter either, it also isn't the point of my question.

It was part of your premise, Bob.

and the only way left to get your case records is to file a federal suit,

I don't know that for a fact.

I can tell you for a fact that you can get your case records via a federal subpoena and once again, it also doesn't matter, I asked you a question based on that you can't get your case records any other way as I could not.

As said, I don't know what you did.

Maybe if you explain.

Have you received your case records?

How long did it take to get a copy from the time you started till you received them?

would you suggest you just drop the issue and forget about it or actually do the unthinkable and file a federal suit (assuming you're able and willing)?

I never dropped the issue.

And I got my case records without filing a federal suit.

I don't quit.

My question wasn't directed about your case, I asked for what you would advise others do.

I advise others to do what I did and no one has had to file a federal lawsuit, yet.

[Bob_Lynn]

Never mind Dan, I was pretty sure asking you such a question is the same thing as asking the wall for an answer.

[Mistchf]

Exactly Dan...I SHOULD be able to get them. Just as I SHOULD be able to live my life without government interference unless there is just cause.

And when that doesn't happen the government needs to be held accountable. And the reason the problem is getting worse and government interference is becoming more prevelant is because people won't or can't stand up for their rights. Which is why my question was about filing a suit to get my records. I've already done everything required of me and then some. I could just continue their game until the statutes run out. I'm sure they would love that:)[/b]

[Bob_Lynn]

"SHOULD" is not a word that applies to CPS, ever, so any argument that CPS SHOULD have done something or acted a certain way is based on ignorance.

[Dan Sullivan]

"SHOULD" is not a word that applies to CPS, ever, so any argument that CPS SHOULD have done something or acted a certain way is based on ignorance.

Actually, if CPS should do something and they don't... their failure to comply with their own rules, regulations, policies and procedures can be used against them.

I've beaten them using this exact strategy since 1993.

I wouldn't call that ignorance.

I'd call that using the system to defeat the system.

[Bob_Lynn]

That's wonderful Dan, so you must be a billionaire with all the punitive damages you've been awarded from Section 1983 federal lawsuits for civil rights violation committed by CPS. How many lawsuits would you say you won? Can you post some of the case law in all those federal suits?

Oh wait, you said you don't believe in federal lawsuits. So by "beating them" you mean like you beat them with a stick?

[dasuberding]

Oh wait, you said you don't believe in federal lawsuits. So by "beating them" you mean like you beat them with a stick?

LOL, exactly!

[Dan Sullivan]

That's wonderful Dan, so you must be a billionaire with all the punitive damages you've been awarded from Section 1983 federal lawsuits for civil rights violation committed by CPS. How many lawsuits would you say you won? Can you post some of the case law in all those federal suits?

A simple reading of a post I made less than 12 hours ago in this very thread whould show,

"I advise others to do what I did and no one has had to file a federal lawsuit, yet."

Oh wait, you said you don't believe in federal lawsuits.

Show me where I said I didn't believe in federal lawsuits, Bob.

[Mistchf]

Yo..so back to the getting the records thing. Does anyone know the section in the federal spending clause that holds cps to FOIA in order to get records..I keep looking, If I find it first I'll post it!!! Thanks..

[holly]

dan is right.

[Dan Sullivan]

Yo..so back to the getting the records thing. Does anyone know the section in the federal spending clause that holds cps to FOIA in order to get records..I keep looking, If I find it first I'll post it!!! Thanks..

"The FOIA applies only to federal agencies and does not create a right of access to records held by Congress, the courts, or by state or local government agencies. Each state has its own public access laws that should be consulted for access to state and local records."

That help you?

BTW CPS case records are confidential... with a few exceptions.

[good dad]

Quit you 2..Look back at what the thread is about and try to keep it about helping Mistchf

[Dan Sullivan]

Quit you 2..Look back at what the thread is about and try to keep it about helping Mistchf

Don't say you 2.

I've been telling the guy the best ways to get his case records.

Bob has the guy thinking he should file a federal lawsuit and use the FOIA when

"The FOIA applies only to federal agencies and does not create a right of access to records held by Congress, the courts, or by state or local government agencies. Each state has its own public access laws that should be consulted for access to state and local records."

[Bob_Lynn]

Bob has the guy thinking he should file a federal lawsuit and use the FOIA

Twist and Shout.

One should file a federal lawsuit when and if one can against CPS and if they do, have their attorney issue a subpoena to get one's records if all other means have been exhausted. I don't make anyone do or think anything.

After checking further, it seems I was wrong that a state agency must comply with the FOIA because of the Federal Spending Clause, the FOIA only applies to federal agencies. However, some states have enacted laws similar to the FOIA that state agencies must comply with. When I'm wrong, I'll admit I'm wrong, not like some people here who constantly claim their information is irrefutable when it's wrong.

[Mistchf]

Okay...so the information I came up with is through the Privacy Act.. and CPS is NOT exempt..

(d) Access to records


Each agency that maintains a system of records shall--

(1) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individual's record in the accompanying person's presence;

And, of course, if they deny the request there is remedy for suit in the District Court.

[Dazeemay]

Is that privacy act according to your state?

[Mistchf]

No, it's the federal privacy act..it's on the FOIA page..but it applies to any agency, local, state or federal. Guess it would have helped if I'd posted the link huh? Sorry:):)

http://www.usdoj.gov/foia/privstat.htm

[Dazeemay]

That is 1974 and I think this is the amended part to that

http://forum.fightcps.com/viewtopic.php?t=3569

Read it and see what you think

Read the next post I have under it also

[Mistchf]

In looking into the history of it, the design was to protect insofar as agencies "collecting" information. However in reading it.. sounds like all of the applicable rules apply to individuals seeking access to ANY agency with records on THEM. Worth a try..

[Fair_Rulings]

Use the 827 and ask COUNTY COUNSEL to respond. If you are at Edelman Children's court in L.A. you call Thomas Bray and ask how to get the records. Thomas is in the County Counsel office. I get mine all the time simply by filing the 827 and mailing/serving it on the appropriate people. They may want to see your identification too.