Examples of federal "complaints" filed

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Marina
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Examples of federal "complaints" filed

Postby Marina » Sun Oct 01, 2006 8:56 am

Examples of federal complaints filed
Last edited by Marina on Sun Oct 01, 2006 9:03 am, edited 1 time in total.

Marina
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Postby Marina » Sun Oct 01, 2006 9:00 am

Wording in a federal complaint

This type can only be filed by the Attorney General, but it shows how to word a complaint.

http://members.aol.com/topcat3434/1b.htm

This is a civil rights complaint filed by Janet Reno, against New Jersey, for discrimination in stopping motorists.

It says the State is responsible for such and such.

Then it says the State

failed to do this

failed to do that

Here is a similar one:

http://members.aol.com/topcat3434/1c.htm

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Greegor
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Location: Cedar Rapids Iowa

Postby Greegor » Sun Oct 01, 2006 6:09 pm

Thanks Marina!

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Postby Marina » Sun Oct 01, 2006 6:48 pm

You are welcome.

I had seen a good one similar to this several years ago, relating to Termite companies, in North Carolina, and I think Kentucky. Here are a few quotes from that. I know this is not related to CPS, but it had value to me in learning the language of the game, since I spent quite a bit of time studying this issue. And I knew the wording had to be good if it came from the Attorney General.

http://www.hometimemedia.com/emu/html/ky.html

There are also some examples under "Sue them" -- "How to file in federal court," especially the Mueler case.

http://forum.fightcps.com/viewtopic.php?t=5371

Also under "Civil Action for Deprivation of Rights," a lot of very good wording to look at and some child welfare cases.

Marina
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Mother files second amended complaint

Postby Marina » Fri Oct 13, 2006 6:19 pm

http://www.lassennews.com/News_Story.edi?sid=3556

Mother files second amended complaint in $11 million lawsuit in CPS case

Posted on Tuesday, October 03 @ 18:38:33 GMT
Oct. 3, 2006 —

A Lassen County resident and her four minor children continue to pursue legal action against Lassen County, the Lassen County Board of Supervisors, a number of individuals connected with Children’s Protective Services, the director of the California State Department of Social Services, a regional agency that handles CPS placements and a foster home’s mother.

By Sam Williams
News Editor
[email protected]

The suit, filed in the United States District Court, Eastern District of California, alleges the defendants violated the plaintiff’s’ Constitutional rights under the First, Fourth and 14th Amendments. The suit also charges the defendants with intentional infliction of emotional distress, liability under state law for negligence for failure to fulfill a mandatory duty and negligence.

The plaintiffs in the case, Amy McConnell and her four minor children, seek at least $11 million in damages from the defendants — more than $10 million for “wrongful deprivation of their rights” and more than $1 million for “general damages.”

In addition, the plaintiff seeks “compensatory damages, liquidate, exemplary, punitive damages and such monetary relief as may be deemed appropriate …” including costs and attorney fees.

The defendants in the case are Lassen County, James Chapman, Bob Pyle, Brian Dahle, Lloyd Keefer, Jack Hanson, the Board of Supervisors of Lassen County, Terry Chapman and Loel Griffith, former Lassen County social workers, Barbara Coy, a foster parent, and Environmental Services, an agency that arranges placements for CPS.

According to Treva Hearne, the plaintiffs’ attorney, the second amended complaint was filed in September 2005 in response to a defense motion.

The plaintiff’s attorney said the case is currently “in active discovery” and she’s “taking depositions all over the place.” She said the court has scheduled a December 2007 trial.

Kathleen Williams, who represents Lassen County in the case and Jim Hardee, administrator for Environmental Alternatives did not return the Times’ calls requesting comment for this story.

The Times was unable to contact Chapman and Griffith to obtain their comments for this story.

The plaintiff’s version of events
According to the complaint, on May 5, 2003, Amy McConnell went to the gas company to pay a bill. While she was gone, her husband, James McConnell, the adult present with three of the family’s children, left the home to use a neighbor’s phone. The oldest minor child was attending school.

During the absence of both parents, the maternal grandfather found the three unattended children and took them to CPS without authorization by the parents.

Both parents returned home, found the children were missing and began searching for them in the neighborhood. Meanwhile, CPS picked up the couple’s fourth child at the school.

As they searched, the parents learned CPS had the children from a neighbor’s police scanner. They went to CPS and asked for the return of their children. The father accepted responsibility for the children being alone and said he would leave the home if the children would be returned to the plaintiff.

According to the complaint, “On May 7, 2003, a juvenile dependency petition was filed by Lassen County in Lassen Superior Court with a hearing scheduled for May 8, 2003 at 1:30 p.m. The plaintiff was not notified of the hearing, and upon information and belief, no hearing took place.

“There was no claim against the plaintiff for leaving the children … (and) the oldest minor child was never left alone.”

The complaint alleges the county failed to properly investigate the placement of the children and to investigate whether the children should be returned to their mother.

Environmental Services, an agency contracted by Lassen County to provide placements, put the children in the foster home of Hank and Barbara Coy, despite an alleged prior complaint of child abuse in the Coy home. The complaint alleges the CPS social workers “knew or had reason to know that the foster home of Hank and Barbara Coy and the succession of foster homes chosen for the plaintiff’s minor children were inadequate and not safe.”

According to the complaint, between May and October 2003, two of the McConnell children were repeatedly sexually molested and physically abused and the other minor children were physically abused and possibly sexually molested in the foster home where they had been placed by the defendants. The foster father, Hank Coy, admitted these acts of physical and sexual abuse.

Marion “Hank” Boyd Coy, 69, was sentenced to eight years in prison on Dec. 13, 2004 on felony molestation charges. According to a preliminary hearing transcript, Coy admitted sexually penetrating a 5-year-old girl in 10 separate incidents during the four months the girl lived in his foster home in Doyle.

The complaint alleges, “Barbara Coy negligently failed to protect the minor children from harm perpetrated by the foster father, Hank Coy, who repeatedly sexually molested and physically abused the children while she was present and had a duty to protect the minor children placed in her care.”

According to the complaint, the Lassen County Board of Supervisors knew of the problems with CPS and did not correct those problems.

“The Board of Supervisors of Lassen County knew that the CPS of Lassen County was inadequately staffed, had inadequately trained staff and the staff had repeatedly violated the law and regulations governing the custody and care of and management of foster homes for minor children. The Grand Jury of Lassen County had issued yearly reports on the problems with CPS and the violations of law and policy. The Board of Supervisors of Lassen County acted with deliberate indifference and failed and refused to remedy the violations, inadequate training and inadequate staff. Instead, the Board of Supervisors approved and allowed a policy of terminating any social worker who complained and, moreover, allowed the deputy director of CPS to terminate anyone with a degree and experience that was greater than hers …

“The defendants Board of Supervisors of Lassen County knew of the lack of training and the violations of state law by the Lassen County CPS because of annual reports by the Grand Jury of Lassen County for three years just prior to the taking of the minor children of Amy McConnell.

“The defendants Board of Supervisors did not respond to the allegations of the Grand Jury and, instead, stated that the Grand Jury, an independent group of citizens convened for the purpose of investigating the circumstances of county agencies, was prejudiced and incorrect.

“The defendants Board of Supervisors had been advised by employees of the CPS that CPS was violating the law and the Board of Supervisors allowed the manager of CPS to terminate the employment of these employees. The Board of Supervisors allowed the termination of these whistle blower employees and ignored the comments and evidence given to the Board of Supervisors by the employees and paid the resultant damages for firing whistle blower employees rather than follow their advice and the evidence they submitted.”

On Jan. 18, 2005, the Lassen County Board of Supervisors rejected the claim of Amy McConnell in its entirety and, likewise, on Feb. 17, 2005, the supervisors rejected the claims of the minor children in their entirety.

A claim also was filed with the Foster and Small Homes Insurance Fund on behalf of the minor children, but that claim was refused because the Coy home was a certified home not a licensed home.

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complaint - class action, victims of domestic violence

Postby Marina » Sun Oct 22, 2006 10:25 am

http://www.lansnerkubitschek.com/news/whatnew-1.html

complaint - class action, victims of domestic violence

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Postby Marina » Fri Oct 27, 2006 7:09 pm

This was in the legal research section, from last year.

http://www.pgh.aclu.org/pdf/20031003_underwood-c.pdf

SELENA UNDERWOOD v. PENNSYLVANIA

Marina
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Postby Marina » Sun Oct 29, 2006 4:29 pm

http://www.fightcps.com/oldsite/library.htm

Links to examples of complaints on fightcps

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Brian Meuse's

Postby Marina » Sun Oct 29, 2006 5:29 pm

http://www.falseallegations.com/drano11 ... -21-04.htm

Brian Meuse's Amended Verified
Federal Complaint for Violation of His Civil Rights, including Malicious Prosecution,
False Arrest and Imprisonment, and Defamation:
All Arising out of an
Affidavitless Warrant,
a Conspiracy, Uncaring Courts,
and a
Parental Kidnapping Charge
AND a Verdict of Not Guilty

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Children's Rights

Postby Marina » Sun Oct 29, 2006 5:32 pm

http://www.childrensrights.org/site/Pag ... ses#KJTJMJ

Children's Rights website

Legal Cases

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Postby Marina » Tue Nov 20, 2007 4:55 pm

.

http://5thestate.com/shopesuit.pdf

Patricia M. Shope v. Lancaster County

.



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