My children are grown and want to sue

[Teresa]

If you do a search you will see that CPS screwed us bad a few years ago and I fought it and won. I actually got a worker fired and got professional supervised visitation for my abusive ex for several years. Problem is that once I sued in pro per and got overwhelmed and was taking time away from my kids, I just gave up and quit (BIG mistake). When the family law judge learned I sued these people, he took my son and said things in the statement of facts that I had just caused trouble by suing people. Now my son is grown (17 years old) as is my daughter who was discriminated against based on her disabilities (as blatantly said in the cws report). I have been telling them bits and pieces of what happened when they were younger, especially my son who went on to suffer from serious medical neglect and is now physically crippled for life. I had to get a criminal court restraining order and other things to protect myself. I raised each and everyone of these issues in family court to get them to right the serious wrong, but they always quoted the findings that I had sued these people and denied me. I was blatantly prejudiced against because of suing, but now my children are grown and want to pick up where I left off.

I continue to have nightmares, sleepless nights, flooded thoughts of the trauma. I dont go to a counselor because my story is pretty long and complex and I dont think at this point anyone would believe me without actually speaking to the witnesses and looking at the evidence both in our court files and stuff I was never allowed to present.

[LindaJM]

Teresa, you and the children should shop around for an attorney capable of handling this in federal court... look for a constitutional law attorney. Try going to the nearest federal courthouse to look for cases that have been filed against the Department of Social Services. Call the attorneys that filed against them and ask for a free consultation. Also have your evidence well-organized.

See this video: http://fightcps.com/2010/08/15/an-attor ... ring-data/

[LindaJM]

You inspired me to write this today: How To Sue CPS In Federal Court.

I hope it helps a lot of people get started on suing CPS... the more, the better! I'd like to see a lot of CPS caseworkers sweating about lawsuits filed against them!

[Mom984]

As far as I know, here in Maine you can't sue the caseworkers personally. I would love to sue.

[LindaJM]

Well, as it explains in that article, they may be immune within your state court system, but in federal civil rights court, there is no immunity. Also Maggie appended a comment to the article - about qualified immunity. If you can prove they're guilty of some egregious wrongdoing, are they still immune?

[Daruma]

I continue to have nightmares, sleepless nights, flooded thoughts of the trauma. I dont go to a counselor because my story is pretty long and complex and I dont think at this point anyone would believe me without actually speaking to the witnesses and looking at the evidence both in our court files and stuff I was never allowed to present.

Teresa, if you need professional counseling, please don't be afraid to get it. You don't deserve to be left with nightmares and sleeplessness. Even if you think your story may be new and unexpected to a counselor, that doesn't mean you won't be believed. Counselors are used to the new, the unexpected, the traumatic. They are there to help people just like you (and me). If it helps you feel more confident about being believed, take along some of your court paperwork or CPS paperwork to show your counselor on the first visit.

If, in the worst (and unlikely) case, you end up with a counselor who doesn't trust your story, "fire" him or her and move on to a new counselor. You have every right to do that.

I'm so sorry for what you're going through.

(Edited for clarity.)

[onlinewoman]

As far as I know, here in Maine you can't sue the caseworkers personally. I would love to sue.

Mandy it is my understanding that while case workers are often immune from certain lawsuits at the state level, there is STILL an option. Anyone can sue ANY federal government employee based on US Federal law. You have to file in Federal Court but it includes the right to an appeal process as well.

Sec. 1983. - Civil action for deprivation of rights

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia

[MaggieC]

There might be a staute of limitations but baring same, they may be able to sue as the previous poster indicated.

They should look to sue in Federal Court as well as in their State Supreme Court, whichever has the greater jurisdiction.

State workers enjoy qualified immunity but not absolute immunity. That is, if they did not follow protocol, they are not immune.

[betty bop]

For all of us who have gone through this crap that they call cps I hope you do get a few cps workers fired , I would love to see them sweat . I was sitting outside the courtroom one day and she was smirking at me and you dont know what kind of restraint I showed in not kicking her butt that day . I swore if I ever saw her outside of the courtroom I would tell everyone in the place where she was , what she did for a living . I also met a woman in the unemployment place that said she was a cps worker at one time and they turned on her because she would not lie under oath on a legal document and they fired her .
I actually think this woman had some integrity and they did not like that . Cps is so crooked and will do anything to get your child yes sue them , sue them , sue them . And make it hurt their pocket book .

[dabrock61attnet]

I'm looking for an Attorney in Louisiana that has experience with and willing to Sue CPS for the false accusations against me. The Judge I believe was in on this too. If you have names please post them. I have been searching for almost 2 years, unsuccessful in either finding a good Attorney or one willing to fight against the wrong done on me in Court. Who are not afraid of figthing for my rights against the Judicial System. Thank You for all the advise on this site