Q & A: How To File A Lawsuit Against CPS

Parents can sue CPS for violating their 14th Amendment Rights. Children 18 and older can sue for violating their 4th and 14th Amendment Rights and for denial of familial association. This is called a “1983” Complaint. There is a book you can buy that explains that law and how to file a complaint under that law.

Links :

A GUIDE TO CIVIL RIGHTS LIABILITY UNDER 42 U.S.C. § 1983: AN OVERVIEW OF SUPREME COURT AND ELEVENTH CIRCUIT PRECEDENT

http://www.constitution.org/brief/forsythe_42-1983.htm

Click for link:

1983

 Here’s another good reference:

19832

In California, Attorney Shawn McMillan has filed suit against CPS (along with Sondra Sutherland, Donnie Cox, and  Robert Powell) and has generously shared his documents with his Facebook group. You can join the group and have access.  He has also provided lectures and answered questions during a workshop. This workshop was recorded on video. You can also ask questions on the group Facebook page he set up. You can find all of this here:

familiesagainst

Here is the link to the Index of his uploaded files:

 https://www.facebook.com/groups/familesagainstgovernmentabuse/doc/520574891330039/

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11 thoughts on “Q & A: How To File A Lawsuit Against CPS

  1. I am in a case now where a former District Attorney from my past years turned Judge advised me in a private lawyer client chamber private meeting recommendid I settle,cause that was my best chance.sence they reluctantly were offering family reunification service’s. So I did this thinking it would at least git my kids home to my wife. The kids were taken on September 6th 2013 three youngest returned on 9/11/13 after I volunteered to move out while this was going on ,this order was by a retired judge who was filling in. Those three were removed on November 20th again on failure to protect same as first time, but with new alligations. Though they were false and extreme,they should not have been able to take them again,there was no real grounds . Can I file a suit and how much time do I have, I know they limit what I can say about the case and they did not file charges on disturbing false allegations against me. Though they may try saying I failed a polygraph taken in the bay area almost one hour and 45 minutes away in Concord,CA. Then a plethysmograph in San Francisco the same day. all this on false allegation to justify there case and speculation in the first place. And a claim made made against me from my on kod who was on a hold in a mental inst. at the time.

    • Hi, just so you know, unless there is a court-ordered GAG order, you can say whatever you wish, publicly or privately about your case. The confidentiality laws only apply to the Department. Even if your parental rights are terminated, you can speak of everything and anything involving the past, just not of anything current. Yes, you can sue, it is called a 42 USC 1983 Complaint. You can sue on the grounds that they violated your 14th Amendment rights, along with coercion, defamation of character, infliction of emotional distress, etc. You have two years. Some lawyers like it to be 2 years from the initial unwarranted removal but you have 2 years from the date of the very last violation of rights, that could be as far into the case as TPR, adoption or the last hearing. The hard part is finding a lawyer who will take the case. I have information on this site and http://www.donnellyjustice.me about the 42 USC 1983. Good luck, and sorry for all your heartache and pain.

      • Thanks, I will start with a complaint against a public intady, which is 6 months to a year, so far the lawyers won’t touch it, so after they reject my complaint, I will then file three suits or four, the personal against the case worker the the dept and possibly the head of CPS, mayby not, then the state agency and possibly federal CPS. And I will need to do it with out the Lawyer.

  2. My child was taken, placed in foster care for 6 months, and returned because the state of Wisconsin did not have legal jurisdiction. Other than deprivation of rights, is there anything else I can sue CPS for? Who can I sue?

  3. How in the world can CPS get by with so much? I proved Domestic Violence, Domestic Abuse, Child Abuse years ago, which is why I filed for divorce. 8 years later of still more hell, CPS wrongfully taking my boys from me, my son now being suicidal because they dont protect him (or his brothers) from abusive dad, medication being missed, etc. I’m on welfare, have not gotten any legal aid or pro bono help, etc. It’s rediculous. Now I’m further in debt because of all this.

    • I understand your situation. I am in the same situation in the state of texas where they removed my kids from heresay evidence. I do not know what to do but I will not give up.

  4. I would like to know the name of the book that I can buy to teach me how to sue CPS. As you stated in your 1st paragraph. Thanks

  5. kitsap county wa court has violated every law you can think of. The whole time they sat there and laughed at my face while they did so. CPS never proved I was an unfit mother, they pushed my attorney on me, whom I didn’t trust. I did everything they wanted me to do at first, until they started holding it against me. I’m really worried about my son, its been 5 mo. now. I only get to see him 2 hours a week cause they can’t afford more. Hes 20 mo. old. Just a baby. Theyre completely taking advantage of my son cause of his age. I’m 25. I had court 3 days this week. My son is in a completely different county as me. I have to drive 3 hours just to get to court and back. I’ve been to court probably 15 times now. I have to drive to Tacoma for visits. They won’t place him with my mother. The judge is blatanly abusing power and disobeying the law. I’m scared and I really miss my son. The judge pushed a decision on me. She is threatening to keep my son if I don’t do a dependency and keeps denying my motion for a new attorney. I want CPS out of my life. Will someone please help me!

  6. My child was taken and put into full custody of a twice arrested dv perpetrator who evaded child support and abused me for seven years…I recieved no court ordered advocacy and have written to every agency and dubbed a conspiracy theorisy by a social worker Elizabeth Canup. And Kristen Perisy who helped a perpetrator get full cusyody andade me look like a racist freak , deflamated my reputation, career and vaused me to have PTSD taking my child ..I vannot eve. Fathom tbe mental raminfications of my child not seeing his mother for a year and seven months. THE FATHER REFUSES TO COMMINCATES USES POLICE UNDER THE COLOR OF AUTHORITY AND BLATTANYLY BROKE MARCYS LSE.. I WAS A GOOD COMPETENT MOTHER WHO.FELL VICTIM OF MALISCIOUS FALSE REPORTS Mal practice from the Chattsworth Strike I was not only a DV victim but OF SOCIAL WORKER WHO KNOCKED MY MENTAL Voracity and felt terrorized and abused by DCFS reports
    of Los Angeles County, instead of protecting my child they left him with out right criminals. WHAT IS LEFT I EXHAUSTED EVERY AGENCY AND RESOURCE EXCEPT PRAYER.

  7. You have NO idea how far CPS workers will push the limits & laws prepare yourselfs this will be the biggest test of your lives GET THE FIGHT CPS HAND BOOK stand your grounds NEVER GIVE UP CPS is responsible for more deaths to children the anyone its up to us as parents to stand firm & fight back

  8. Hey cps just came in took my child from me she was well taken care of and very happy I suffer from anxiety and depression I see a doctor I am on medication … and my daughter see doctors for her stomach issue and other health issues and I have all my paperwork that state she has this illness and the judge did not want to here anything I have to say I seen my daughter three weeks after they took her and she had a mark on her face and scratches on her arms in stuff so I am very upset about that how can I go about sue them and who can I sue once I get my daughter back

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