can i sue in federal court

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

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joeysmom03
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Joined: Thu Apr 24, 2014 10:52 pm

can i sue in federal court

Postby joeysmom03 » Thu May 28, 2015 11:57 am

I am in kern county my son was taken oct 2014 because my sons babysitter had weed in her house and my sister had claimed I used drugs mar 11 2015 I went to court and was ordered parenting neglect classes and random ua tests so far I have 11 clean ua and 3 more classes left I went to my court appointed attorney to request a possible 388 to be filed he told me no and I just don't know how it works, I filed a 388 myself Monday may 4 2015 and served dhs and everyone else involved in the case, by may 16 2015 the judge denied my 388 I only asked for family maintenance which means the child would be returned to me but cps would still be involved may 22 2015 a man called me claiming to have read my post on fightcps.com and said I could sue them in federal court and I will get him back if I can does anybody know what forms I need to get I located the federal court in my area along with my senator and congressman any advice would be greatly appreciated

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LindaJM
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Re: can i sue in federal court

Postby LindaJM » Thu May 28, 2015 8:41 pm

Congratulations on filing the 388 and getting a day in court. Even though you didn't prevail, you got them to listen to you and I'm sure they took notice of your action!! Wouldn't it be great if all CPS families filed motions like this every couple of months... sure would tie up the courts ... and maybe even make them want to handler fewer CPS cases overall due to time constraints.

Most of us don't know what exactly a 388 is. That sounds like a state form number. What is it?

I don't know what man phoned you. It wasn't anyone I'm aware of. Can you get the help of a civil rights attorney in your area, or are you committed to doing this on your own?
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Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

joeysmom03
Posts: 3
Joined: Thu Apr 24, 2014 10:52 pm

Re: can i sue in federal court

Postby joeysmom03 » Fri May 29, 2015 2:28 pm

a 388 is a modification of a court ordered juvenile dependency case I would love any help on this civil rights case in federal court I cant remember what forms I need to get he said I need 3 forms I want to try to find a civil rights attorney but have no idea where to look

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LindaJM
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Re: can i sue in federal court

Postby LindaJM » Sat May 30, 2015 8:19 pm

Start by looking for a civil rights attorney in the phone book. You can go to the court house you want to file in, to read cases there to see what lawyers were involved and how successful they were. They will probably have a computer database of cases; if you find one you want to know more about, you will probably be able to look at the case. That could also show you what forms were submitted to the court to start the case.
Sample Document Library

Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

joeysmom03
Posts: 3
Joined: Thu Apr 24, 2014 10:52 pm

Re: can i sue in federal court

Postby joeysmom03 » Sun May 31, 2015 2:54 pm

Thank you very much in your opinion do u think I have a case and would it be under a deprivation of my civil rights? sorry if im asking too many questions.

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LindaJM
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Re: can i sue in federal court

Postby LindaJM » Mon Jun 01, 2015 10:08 pm

I don't know if you have a case. You would have to get an attorney's opinion on that. Maybe talk to more than one...
Sample Document Library

Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...


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