we need a lawyer in La. to make a federal case against ocs

Are you going through an investigation now? Tell your story and get feedback here.

Moderators: family_man, LindaJM

ejaffe
Posts: 95
Joined: Fri Aug 12, 2005 6:20 am
Contact:

we need a lawyer in La. to make a federal case against ocs

Postby ejaffe » Wed Sep 21, 2005 4:58 pm

our son has cystic fibrosis first of all. he is 9 mos old
he was taken by cps under false allegations that can be proven by medical records also was told by the child's pediatrician "you are making a mistake , don't do this" and by the home health nurse that comes 3 times a week "this is not neccessary" which is present in his medical chart by unbias hospital home health care. We got our son back he is very ill now.lung infection , g-tube site infected , throwing up and whimpering excessively and he left here the happiest of all babies.these things could cost him precious life expectancy time not to mention the precious time we have lost from our son who has a life expectancy of 30-40 years.this time is invaluable to me and my husband and we have reason to believe he was placed in the foster care with two adult gay men , this is a 9 month old male catholic infant.our son was removed and was well at the time he is now severly ill and all this is documented by our home health care and pediatrician.reason for removal was medicinal neglect because we were not following some fruity health plan claims the cps case worker,but in his medical records when home health was notified for reason of removal they stated mthat yes we were and that they have witnessed and were helping us with this plan.this is all in his records.this all stemmed from his weight gain not being sufficient but with his condition he has a hard time gaining it is the primary problem at this age.but this was the whole basis...he weighed 14pds 5 oz the day before they took him after having him for 4 days and making him the illest he has ever been he weighs 14pds and 6 oz though this weight gain was sufficient enough for them to remove them from my home it seems to be okay for them.I want to charge everyone involved even down to the state prosecutor....these people have commited wreckless endangerment to say the least of the crimes they have commited and power they have abused.Something should be done about these government officials who consider breaking up and destroying innocent families is a form of commission...they are sick and should ALL have thier mental status examined thoroughly these people disgust me.

User avatar
Dazeemay
Posts: 4135
Joined: Sat Mar 05, 2005 1:07 pm

Postby Dazeemay » Wed Sep 21, 2005 5:37 pm

Bob_Lynn is your best bet in knowing how to start a federal law suit.

I am so glad your son is back with you.
**********************************
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

Dan Sullivan
Posts: 1538
Joined: Mon May 30, 2005 4:42 am
Location: Long Island, New York

Postby Dan Sullivan » Wed Sep 21, 2005 5:42 pm

I wish you the best of luck.

Unfortunately I believe CPS did act within the law.

The only person who may be liable is the individual who knowingly made the false report.

But CPS isn't allowed by law to reveal who that is.

And if the doctor had his nurse or office manager make the report... the doctor is off the hook.

As said, I do wish you the best of luck.

And I hope I'm wrong.

Let me know what the attnies tell you.

I'd suggest that you contact Suzanne Shell for her opinion.

Best, Dan

User avatar
Chaco
Posts: 358
Joined: Sat May 21, 2005 2:15 am
Location: Central California

Postby Chaco » Wed Sep 21, 2005 5:44 pm

If nobody can give you the name of a good attorney, start calling around and see what they say. A lot of times you can get a free phone consultation.

You may also find an attorney that will help you with the paperwork and other legalities so you can file it on your own.

You have time to get everything together and to actually file the lawsuit. If you're forced to do it on your own, be sure to do your homework first so you don't miss any steps.

Maybe a paralegal will be helpful to you? That's just another option if the attorney's charge too much.

From your husbands posts it appears they took your son illegally, violation of your 4th amendment rights. It also appears that you have enough evidence that CPS knew IN ADVANCE that your son was NOT in life or death danger.

With CF it won't be difficult to PROVE how difficult it is for children with this condition to gain weight. This would NOT be a reason to take your son, especially with all the evidence you gave CPS BEFORE your son was taken.

Good luck to you and I hope others on this site will be able to point you to a great attorney!

Chaco
My thought for the day.........
CPS workers are like Slinkies

Not really good for anything, but they still bring a smile to your face when you push them down a flight of stairs.

Bob_Lynn
Posts: 1276
Joined: Thu Dec 30, 2004 3:56 pm
Location: Pennsylvania
Contact:

Postby Bob_Lynn » Wed Sep 21, 2005 6:30 pm

Dan Sullivan wrote:Unfortunately I believe CPS did act within the law.


If ejaffe is reasonably accurate about his story, I don't know what law you're talking about but certainly not American law. They violated several constitutional laws as well as federal CPS (ASFA) and other federal statutes and certainly case law. They also likely violated state laws but that I can't verify because I don't know what those are in La. The key here is that they did not act in good faith. Lying and fabricating evidence is illegal in America and destroys all immunity protections for government workers, especially when they endanger the welfare (life?) of the child.

I already know for a fact, just based on our case and at very minimum, that CPS violated civil rights law (4th Amendment to be specific) by continuing to pursue the case after the child was returned to the parents by the local judge.

I also didn't see in the posts if there was a warrant when they seized the child or if the hearing was timely held. Any violations there would certainly enhance the case.

Any reasonably decent lawyer should be able to win this case hands down in federal court. Filing a pro se case may or may not be an option but if it is, it will not be easy.

Dan Sullivan
Posts: 1538
Joined: Mon May 30, 2005 4:42 am
Location: Long Island, New York

Postby Dan Sullivan » Wed Sep 21, 2005 6:58 pm

Bob_Lynn wrote:
Dan Sullivan wrote:Unfortunately I believe CPS did act within the law.


If ejaffe is reasonably accurate about his story, I don't know what law you're talking about but certainly not American law.

<<<snip>>>

I already know for a fact, just based on our case and at very minimum, that CPS violated civil rights law (4th Amendment to be specific) by continuing to pursue the case after the child was returned to the parents by the local judge.


As I said in another post, just because someome prevails in Family Court, it doesn't mean that CPS has to cease contact with the family (unless it's ordered by the Judge).

It is CPS' decision whether to continue with the family or not.

Bob_Lynn wrote: <<<snip>>>

Any reasonably decent lawyer should be able to win this case hands down in federal court.


I certainly hope your professional legal opinion is all that's necessary to win in Federal Court, Bob.

Dan

ejaffe
Posts: 95
Joined: Fri Aug 12, 2005 6:20 am
Contact:

mr.sullivan

Postby ejaffe » Wed Sep 21, 2005 7:02 pm

you work for cps by any chance?

ejaffe
Posts: 95
Joined: Fri Aug 12, 2005 6:20 am
Contact:

mr or mrs lynn

Postby ejaffe » Wed Sep 21, 2005 7:20 pm

thank you....my son is now throwing up too....and if i am not doing exactly what they want they insist i am so hostile......can anyone point out a more apprioate time to be hostile than when someone steals your child and when he is returned he is ill and the happy baby that left is gone? is there even a better time and reason to be hostile?
my husband was wondering if going to the media over this would compromise a case or make lawyers come to us?We want this story told we want people to KNOW how this official position is abusing power and something done about it.Also i want to see a social workers face when she is served for a federal hearing.

User avatar
good dad
Site Admin
Posts: 1589
Joined: Mon Jan 17, 2005 1:11 am
Location: Minnesota

Postby good dad » Wed Sep 21, 2005 7:23 pm

You have a excellant case to bring to the media and no i don't think it would hurt your civil case, when filed

ejaffe
Posts: 95
Joined: Fri Aug 12, 2005 6:20 am
Contact:

thank you everyone for your help

Postby ejaffe » Wed Sep 21, 2005 7:43 pm

we are soo frustrated with this and the help and kindness is so refreshing

Dan Sullivan
Posts: 1538
Joined: Mon May 30, 2005 4:42 am
Location: Long Island, New York

Re: mr.sullivan

Postby Dan Sullivan » Wed Sep 21, 2005 7:45 pm

ejaffe wrote:you work for cps by any chance?


Not at all.

You ask that because I didn't encourage you to sue CPS?

First, let me say that I believe your son should never have been removed.

Second, I believe that the caseworker and whoever made the false report should be held accountable for their actions.

And third, I've been helping people fight CPS since 1993.

I've helped get almost two dozen children back to their families.

Please go to an attny with your case.

Please call Suzanne Shell with your story. She may be able to direct you to the right attny for your situation.

Please check the posts I made in the other thread... I'm sure you'll realize I was completely on your side.

All the best, Dan Sullivan

Bob_Lynn
Posts: 1276
Joined: Thu Dec 30, 2004 3:56 pm
Location: Pennsylvania
Contact:

Postby Bob_Lynn » Wed Sep 21, 2005 8:27 pm

Dan Sullivan wrote:As I said in another post, just because someome prevails in Family Court, it doesn't mean that CPS has to cease contact with the family (unless it's ordered by the Judge).

It is CPS' decision whether to continue with the family or not.


I never said otherwise, it's also CPS' decision to continue to violate people's constitutional rights and other laws, or not. Just because they make a decision does not mean they are not violating the law. In this case, I stand by what I posted, they are violating the 4th Amendment by continuing to pursue a case where they have no legal standing (in my non-lawyer opinion of course).

Dan Sullivan wrote:I certainly hope your professional legal opinion is all that's necessary to win in Federal Court, Bob.


Your sarcasm is duly noted Dan. As much as you continually pat yourself on the back about how much you've helped others, some of your posts strongly suggest something else. You occasionally seem to lean on the side of CPS depending on which way the wind blows and have raised several posters' suspicion in this forum as a result. One particular poster has already been banned from this forum for being confrontational and labeling you "CPS Dan".

I find many posters here quite intelligent and quite able to see through veils of deceit. After all, most of us here have been through all the obvious BS and have learned quite a bit as a result, including and especially identifying that BS.

Dan Sullivan
Posts: 1538
Joined: Mon May 30, 2005 4:42 am
Location: Long Island, New York

Postby Dan Sullivan » Wed Sep 21, 2005 8:56 pm

Bob_Lynn wrote:
Dan Sullivan wrote:I certainly hope your professional legal opinion is all that's necessary to win in Federal Court, Bob.


Your sarcasm is duly noted Dan. As much as you continually pat yourself on the back about how much you've helped others, some of your posts strongly suggest something else. You occasionally seem to lean on the side of CPS depending on which way the wind blows and have raised several posters' suspicion in this forum as a result. One particular poster has already been banned from this forum for being confrontational and labeling you "CPS Dan".


"Banned" for labeling me CPS Dan?

Now that's totally a false statement and you should know that, Bob.

Please, Bob, show me where I've leaned "on the side of CPS depending on which way the wind blows."

Bob_Lynn wrote: I find many posters here quite intelligent and quite able to see through veils of deceit. ".


I find many posters caught up in the "sue CPS" attitude when there has been little evidence posted to show how successful it actually is.

Bob_Lynn wrote: After all, most of us here have been through all the obvious BS and have learned quite a bit as a result, including and especially identifying that BS.


Well, I've been at this far longer than most people here, and there's plenty of BS on both sides.

I particularly enjoy the fact that you're seen as the resident expert on law suits... yet you've never been successful even once.

Just curious... how much have you paid your attny for the law suits so far?

If you choose not to answer I'll understand why.

Dan

Bob_Lynn
Posts: 1276
Joined: Thu Dec 30, 2004 3:56 pm
Location: Pennsylvania
Contact:

Postby Bob_Lynn » Thu Sep 22, 2005 6:01 am

Dan Sullivan wrote:"Banned" for labeling me CPS Dan?

Now that's totally a false statement and you should know that, Bob.


No, please go back and read and comprehend what I wrote, I said banned for being confrontational.

Dan Sullivan wrote:Please, Bob, show me where I've leaned "on the side of CPS depending on which way the wind blows."


You often discourage people from suing these CPS criminals and in this thread, have already said they "acted within the law", which is a total crock. CPS very rarely acts within the law, even when they have just cause, you should know that.

Dan Sullivan wrote:I find many posters caught up in the "sue CPS" attitude when there has been little evidence posted to show how successful it actually is.


Actually, it's just the opposite and if you are as knowledgeable as you claim to be, you would know that too. In the vast majority of cases, CPS loses when sued in federal court. When you sue them in federal court, you also end up putting them on a leash because if they continue to harrass you while there's on ongoing federal case against them, they would be in serious trouble. So advising people not to sue them is terrible advice, I advise just the opposite. The only thing I agree with you on is that getting your children back should always be the first priority, not the lawsuit.

Dan Sullivan wrote:I particularly enjoy the fact that you're seen as the resident expert on law suits... yet you've never been successful even once.


I have always warned people that I'm not an attorney and certainly not an expert. How others view this is not within my control.

Dan Sullivan wrote:Just curious... how much have you paid your attny for the law suits so far?


I paid my attorney what I consider to be a nominal fee with no further costs and he has taken the case on a contingency basis. The point of the fee, which is considerably less than what many people here have paid to some of these charletain lawyers and gotten nothing but grief, is to ensure that we will stick with it and not stick him.

I would have continued the lawsuit pro se if I did not find what I consider the right lawyer. I see this person as perfect for the job since he has a track record of beating the same criminals we sued and on similar issues. I also made the job easier for him since I drafted and filed the federal complaint as well as answered all the defendants' pleadings.

Dan Sullivan
Posts: 1538
Joined: Mon May 30, 2005 4:42 am
Location: Long Island, New York

Postby Dan Sullivan » Thu Sep 22, 2005 6:44 am

Bob_Lynn wrote:
Dan Sullivan wrote:"Banned" for labeling me CPS Dan?

Now that's totally a false statement and you should know that, Bob.


No, please go back and read and comprehend what I wrote, I said banned for being confrontational.


Apparently you've had a lapse in memory.

Bob wrote,

"One particular poster has already been banned from this forum for being confrontational and labeling you "CPS Dan"."

Dan Sullivan wrote:Please, Bob, show me where I've leaned "on the side of CPS depending on which way the wind blows."


Bob_Lynn wrote: You often discourage people from suing these CPS criminals and in this thread, have already said they "acted within the law", which is a total crock. CPS very rarely acts within the law, even when they have just cause, you should know that.


Show me where I've discouraged people from suing CPS.

And I do believe CPS acted within the law in this case.

Prove me wrong with facts, not just your opinion.

Dan Sullivan wrote:I find many posters caught up in the "sue CPS" attitude when there has been little evidence posted to show how successful it actually is.


Bob_Lynn wrote: Actually, it's just the opposite and if you are as knowledgeable as you claim to be, you would know that too.


Then post the evidence.

Bob_Lynn wrote:In the vast majority of cases, CPS loses when sued in federal court.


Post the evidence.

Bob_Lynn wrote:When you sue them in federal court, you also end up putting them on a leash because if they continue to harrass you while there's on ongoing federal case against them, they would be in serious trouble. So advising people not to sue them is terrible advice, I advise just the opposite.


Show me where I've advised people not to sue.

Bob_Lynn wrote:The only thing I agree with you on is that getting your children back should always be the first priority, not the lawsuit.


And if a family has regained physical custody of their children but not legal custody, should they file a law suit?

Dan

ejaffe
Posts: 95
Joined: Fri Aug 12, 2005 6:20 am
Contact:

our first priority was to get him back

Postby ejaffe » Thu Sep 22, 2005 8:17 am

and we have he is now home and probably weighs less than 14 lbs now considering he also had a stomach virus and threw up EVERYTHING!!! he has been tolerating only pedialyte in addition to all these other new problems that he has and we are INFURIATED this is a crime against an infant , wreckless endangerment, a crime against humanity!!! if i'd left my son with 2 adult males for 4 days and he came home in this condition I should and would have been imprisoned for many years but the state does this to my son and it is suddenly ok and alright by our legal system.............THIS ALL RESULTED BECAUSE I WANTED TO GET RID OF A BAD DOCTOR!! in which my pediatrician says ....you had a legitiment reason to want a new doctor but the truth about it is you don't NEED a reason to find a new doctor at all.I would also like to state that my pediatrician has taken care of ALL my children for years and this is not a case of since he agrees with me i like him more I have found the man brillant ever since he grabbed my 9 month old daughter who is now 4 years old and ran around his office playing airplane with her.This is all just sick to me and if the state of lousiana is willing to put an ill child that already has a short life expectancy in danger and possibly cause damage that my make it even shorter what are these people willing to do to just any child? Is thier 6000 dollars , which is what this particular county gets whaen a child is dedclared "a ward of the state" , enough to repair the mental , physical , emotional and down right depravity of what the monsters do to the one bond that is stronger than no other...this people come in and play god. they ruin a hundred families to save 12 or so abused children? these children should be saved but should innocents be abused in the process.and though i may never know what happened to my infant in those 4 days , i know many children come back ABUSED in ways that horrifies there parents!

Bob_Lynn
Posts: 1276
Joined: Thu Dec 30, 2004 3:56 pm
Location: Pennsylvania
Contact:

Postby Bob_Lynn » Thu Sep 22, 2005 8:42 am

Dan, I'm not going to get into a war of words with you, it's counterproductive and inappropriate to this forum. I posted what I posted and I stick by it.

I will reply to a couple of points though.

In terms of CPS acting within the law in this case, I don't need to prove anything to you as this isn't your problem. I was contacted by ejaffe via PM and will help them in their case as best as I can taking into consideration that I am not an attorney and am not rendering legal advice. I will show them how CPS broke the law (in my opinion).

In terms of CPS losing virtually every federal case in which they've been sued, the evidence is in the mountain of case law that you can read for yourself if you care to.

And finally, your last question: "if a family has regained physical custody of their children but not legal custody, should they file a law suit?"

That has no pat answer as it depends on many factors. I am much more inclined to advise a family to sue once CPS closes a case but there are situations where either a suit is more advantageous while a CPS case is still active or if CPS refuses to close a case.

Dan Sullivan
Posts: 1538
Joined: Mon May 30, 2005 4:42 am
Location: Long Island, New York

Postby Dan Sullivan » Thu Sep 22, 2005 10:58 am

Bob_Lynn wrote: Dan, I'm not going to get into a war of words with you, it's counterproductive and inappropriate to this forum.


But it is productive and appropriate.

You claimed that one poster had been "banned from this forum for being confrontational"... and that is true.

You also claimed that an additional reason was his "labeling you CPS Dan"... which is not true.

The truth is he called another poster a "moron."

Here's Linda's post to Bob,

----------------

Bob had written, "Dear Mousy: You are defiantly a consensus minded moron."

And Linda wrote,

"Bob,

I feel compelled to delete you from this board because of this rude comment. I've received numerous complaints and all mentioned your name. I hope you're able to find help for your CPS problems but please do not post here again.

Linda"

----------------

So my name never entered into Linda's post.

It's half truths like these, Bob, that get people deeper in trouble with CPS.

Bob_Lynn wrote: I posted what I posted and I stick by it.


You can stick by your obviously false statement as long as you like.

For clarity, here is the statement you made that I'm referring to, Bob, "One particular poster has already been banned from this forum for being confrontational and labeling you "CPS Dan"."

Dan

ejaffe
Posts: 95
Joined: Fri Aug 12, 2005 6:20 am
Contact:

my son's nurse came by

Postby ejaffe » Thu Sep 22, 2005 3:44 pm

she says "you don't think it was a little odd we were not called into court?" and this never occured to me.She said anyone that disagreed with the case worker was omitted and she in no way shape or form agrees with her she also says she talks in circles and acts like everyone that is not part of the case workers plan is treated like they are idiots and thier medical opinion is totally dismissed.She does not like what this case worker is doing and says she has made statements in court many times for people who were'nt doing anything wrong...she says she has never seen anything like this before.I also found out today that this case worker has NEVER spoken with my primary pediatrician. She is still getting opinions from this quack pulmonologist that has been replaced and is no longer even involved in my sons care....gahhhhh this is so ridiculous!!!! and my baby hangs in the balance what is wrong with this case worker????

User avatar
Chaco
Posts: 358
Joined: Sat May 21, 2005 2:15 am
Location: Central California

Postby Chaco » Thu Sep 22, 2005 3:55 pm

Bob_Lynn wrote:
You often discourage people from suing these CPS criminals and in this thread, have already said they "acted within the law", which is a total crock. CPS very rarely acts within the law, even when they have just cause, you should know that.

Dan Sullivan wrote:
Show me where I've discouraged people from suing CPS.

And I do believe CPS acted within the law in this case.

Prove me wrong with facts, not just your opinion.



Proof is directly in this thread and the other one ejaffe started. You seem to be completely against him starting a civil suit against anyone on this matter.

Unfortunately I believe CPS did act within the law.

The only person who may be liable is the individual who knowingly made the false report.

But CPS isn't allowed by law to reveal who that is.

And if the doctor had his nurse or office manager make the report... the doctor is off the hook.

As said, I do wish you the best of luck.

And I hope I'm wrong.

Let me know what the attnies tell you.

I'd suggest that you contact Suzanne Shell for her opinion.

Best, Dan


Very discouraging!

Bob_Lynn wrote:
<<<snip>>>

Any reasonably decent lawyer should be able to win this case hands down in federal court.


I certainly hope your professional legal opinion is all that's necessary to win in Federal Court, Bob.

Dan


More discouraging words!

Bob_Lynn wrote:
I find many posters here quite intelligent and quite able to see through veils of deceit. ".

Dan Sullivan wrote:
I find many posters caught up in the "sue CPS" attitude when there has been little evidence posted to show how successful it actually is.


Dan can't or hasn't read supreme court rulings so therefore Dan doesn't believe they exist. Dan can't see the evidence posted here, hmmmm.... I guess this is the ONLY place Dan knows to look for this specific evidence. Dan can't or hasn't done a search. No matter, this is simply another post discouraging someone from suing. BTW, good_dad posted links IN THIS THREAD to prove Dan is wrong. Who knows how many other links are posted on this forum.

Bob_Lynn wrote:
In the vast majority of cases, CPS loses when sued in federal court.

Dan Sullivan wrote:
Post the evidence.


It's already been posted.

Chaco wrote:
Quote:
The caseworker knew before she took our child that we had another appointment already set up.


Sounds like you may have a real pretty civil lawsuit brewing here! I'd go for it if I were you.

Good luck tomorrow.

Chaco



Just curious...

Who should get sued?

Why should they be sued?

What would the compensation be?

Qualified immunity is something that deserves consideration.

Dan


Dan wrote this AFTER ejaffe had his son back and STILL he felt the need to challenge my words! How pathetic. I guess Dan can't see where the 4th amendment was completely thrown out the window!

Chaco wrote:
Qualified immunity doesn't mean squat when a person doesn't do their job.

Dan Sullivan wrote:
Sure it does.

I believe a person with qualified immunity can only be sued if they do something beyond what their job allows.


Since when is CPS allowed to walk all over people's 4th amendment right because they missed two doctors appointments? Maybe you (Dan) should start providing proof of the idiotic things you say rather than ask for proof of things that are already proven. Just because you refuse to see where people are winning against CPS in the supreme court doesn't mean it's not happening. It simply means you aren't reading the cases.

There you go Dan, PROOF of you discouraging ejaffe from going after CPS in a civil lawsuit. What's sad is that you're still spouting this crap even after finding out how sick his son is because of CPS's BS.

But that's okay, keep patting yourself on the back for all the children you CLAIM to have helped. I guess it makes you feel better for whatever reason. Don't bother helping this man and his wife, just keep on trying to put down other people's ideas no matter how wrong you are in this particular case. Really Dan, it's not a tragedy that you didn't write it first! God forbid you should actually agree with anyone you have a disliking for. Oh but then you wouldn't be able to pat yourself on the back again for ALL those children you (claim) to have helped.

Dazeemay has helped a lot of people too but you don't see her being **** about it and mentioning it every chance she gets. Quite the opposite with Dazeemay, she's very humble! There's a fine line Dan, you may want to locate it.

Chaco
My thought for the day.........

CPS workers are like Slinkies



Not really good for anything, but they still bring a smile to your face when you push them down a flight of stairs.

User avatar
Frustrated
Posts: 3916
Joined: Fri Aug 26, 2005 11:15 am
Location: Canada
Contact:

Postby Frustrated » Thu Sep 22, 2005 4:19 pm

The question we should ask is that why some one would discourage Lawsuits AFTER they got their children back?

I would take the opportunity where it strikes the lowest....while I have the child in my arms and SEE what they have done harm medically. That is medical neglect in the hands of CPS!!

The question indeed is WHY discourage us for suing CPS?

That is what I wanted to know.

If we don't do Lawsuits, CPS would never Learn their Mistakes. If we don't do Lawsuits, they will be back...to do more harm again! That is a higher risk they will be back....Lawsuits is what keeps them away and to respect our Rights.

I don't know why jeopardize the child's Life some more? Totally uncalled for. CPS should pay for what they have done. If that was my Daughter, I would be furious. What if it was your Son? We have already suffered enough so it is time the CPS suffered. Eye for an Eye...enough that CPS might do that again to some one else and might cause death, god forbid. They are committing careless mistakes.

Efjafee: I am happy you got your baby back....sad to hear that he gotten sick and that is not right. If I were you, I would make sure they Pay Medical Insurance for LIFE of your child's. They should pay the New Pumnologist for the Medical services. After all they did not think it was worth it! But they will Learn!

Dan Sullivan
Posts: 1538
Joined: Mon May 30, 2005 4:42 am
Location: Long Island, New York

Postby Dan Sullivan » Thu Sep 22, 2005 4:42 pm

Chaco wrote: You seem to be completely against him starting a civil suit against anyone on this matter.


Completely against him?

I've posted,

"I do wish you the best of luck.

And I hope I'm wrong.

Let me know what the attnies tell you.

I'd suggest that you contact Suzanne Shell for her opinion."

And,

"First, let me say that I believe your son should never have been removed.

Second, I believe that the caseworker and whoever made the false report should be held accountable for their actions.

And third, I've been helping people fight CPS since 1993.

I've helped get almost two dozen children back to their families.

Please go to an attny with your case.

Please call Suzanne Shell with your story. She may be able to direct you to the right attny for your situation."

Chaco wrote:
Bob_Lynn wrote:
In the vast majority of cases, CPS loses when sued in federal court.

Dan Sullivan wrote:
Post the evidence.


It's already been posted.


But for some reason you can't post a half dozen examples.

I know... it's on the internet.

Chaco wrote:Chaco wrote:
Quote:
The caseworker knew before she took our child that we had another appointment already set up.

Sounds like you may have a real pretty civil lawsuit brewing here! I'd go for it if I were you.

Good luck tomorrow.

Chaco


Then Dan wrote, "Just curious...

Who should get sued?

Why should they be sued?

What would the compensation be?

Qualified immunity is something that deserves consideration."

Dan wrote this AFTER ejaffe had his son back and STILL he felt the need to challenge my words! How pathetic. I guess Dan can't see where the 4th amendment was completely thrown out the window!


I didn't challenge your words.

I asked four questions and said that "qualified immunity" deserves consideration.

I find it interesting how certain people respond when they don't have credible answers to continue the debate.

One writes, "I'm not going to get into a war of words with you, it's counterproductive and inappropriate to this forum."

And another in response to my requests for particular information to be posted tells me I have to do a search the internet.

Smoke and mirrors.

Dan

User avatar
Chaco
Posts: 358
Joined: Sat May 21, 2005 2:15 am
Location: Central California

Postby Chaco » Thu Sep 22, 2005 6:52 pm

One writes, "I'm not going to get into a war of words with you, it's counterproductive and inappropriate to this forum."

And another in response to my requests for particular information to be posted tells me I have to do a search the internet.

Smoke and mirrors.

Dan


A war of words with you Dan is useless because you twist and turn things just like a CPS worker does. Points are made and you STILL don't understand. People just tend to give up on something that's useless. No smoke, no mirrors, just plain disgust with trying to teach someone the basics of the English Language.

As far as looking things up for yourself Dan. If you DECIDE not to read the links as they become available to you, then the next best thing is to do a search when you become curious. It's not the responsibility of others to keep posting the things you miss. However, for the sake of ejaffe, I will post some cases so he can see some of the violations that he can use to fight against CPS. All of these cases were found either directly on this forum or in a link from a post from this forum.

Walsh v. Erie
John and Jane Doe v. Carla Heck, et al.
Calabretta v. Floyd
Norfleet v. Arkansas Dept. of Human Services
J.B. v. Washington County
Jones v. Hunt
Dubbs v. Headstart
Doe v. Bagan
Crawford v. Washington

To ejaffe:

As you become familiar with this forum you'll find it easier to navigate around and find the different cases and things that pertain to you and your family. Good luck ejaffe and remember, there ARE people here who want you to sue them because we all have read where you've been violated in a horrible and ILLEGAL way!

Give your son a big hug and I hope his health turns around to the better real quick.

Chaco
My thought for the day.........

CPS workers are like Slinkies



Not really good for anything, but they still bring a smile to your face when you push them down a flight of stairs.

ejaffe
Posts: 95
Joined: Fri Aug 12, 2005 6:20 am
Contact:

thank you chaco

Postby ejaffe » Thu Sep 22, 2005 7:57 pm

thank you so much and I hope to be able to wiz around here soon. But to ask and clarify something.....Is perjury legal? Well this case worker defanitely did that...My nurse looked at the affidavit and saw the things she said about the home health...She said "we never did that" so something other than the obvious wreckless endangerment of my son's life was most certainly done here.

User avatar
Chaco
Posts: 358
Joined: Sat May 21, 2005 2:15 am
Location: Central California

Re: thank you chaco

Postby Chaco » Thu Sep 22, 2005 9:34 pm

ejaffe wrote:thank you so much and I hope to be able to wiz around here soon. But to ask and clarify something.....Is perjury legal? Well this case worker defanitely did that...My nurse looked at the affidavit and saw the things she said about the home health...She said "we never did that" so something other than the obvious wreckless endangerment of my son's life was most certainly done here.



You're welcome. What your family has gone through is uncalled for!

There are people here who will actually be helpful to you in a lawsuit against these CPS Orcs. You just have to concentrate on learning your rights and which ones they violated starting that first day when they came into your home and stole your son. The 4th amendment to the constitution is the most obvious and should be the easiest for you to prove. It sounds like you have GREAT health care providers that will testify on your behalf.

Did you allow them into your home or did they threaten you in order to get in. Did they threaten you when they asked to see your son? I don't recall reading how they actually got into your house.

The fact that your son is so incredibly ill right now is a huge mark against them. At what point were they planning on taking him to the doctor or hospital? I don't know your son's weight but I'd imagine an illness could make him lose weight that he can't afford to lose!!! What qualifications did the foster parents have for a baby with CF? This may also be something in your lawsuit. Knowing basic CPR is NOT ENOUGH for taking on this challenge.

The perjury may be able to be used against them if it can be proven that the CPS orc lied in order to keep your son away from you. Some type of "malice" issue or something like that. Others will have a better understanding of that.

Chaco
My thought for the day.........

CPS workers are like Slinkies



Not really good for anything, but they still bring a smile to your face when you push them down a flight of stairs.


Return to “CPS Investigations”

Who is online

Users browsing this forum: No registered users and 21 guests