Violation of the Constitution

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cheknurpulse

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Can CPS be sued for a violation of the Constitution? I know of a lawsuit in Southern CA that a woman sued them for violation the 4th amendment. I am wanting to look into a similar lawsuit and what to know what sort of Lawyer I need to handle the case.
 
Yes CPS can be sued for Constitutional violations. Many times you will find though that they lied or threatened you and you gave in. This is not a violation of your Constitutional rights. It's standard operating procedure for some in CPS. CPS will quickly tell you that your Constitutional Rights do not apply because theirs is a civil process.

Your 4th Amendment rights do apply though, especially if they bring the Police along. You can sue under 42 USC 1983 Civil Rights Act Violations. Most lawyers won't touch it because there is little or no money in it. I encourage you to do it yourself if you have a case.

Care to give details?
 
Proserpina, don't you think you should hear him out before you start mocking him? I have a case against CPS right now where they actually planted evidence on one family they were just "sure" was dirty. So let's here the guy out before you get accused of not being "civil" ok?
 
Yes, the main allegation was head lice. That call came from the school. Then some how my mother-in-law got involved and we don't get along with her and she made up some allegations.
 
jharris352 said:
Proserpina, don't you think you should hear him out before you start mocking him? I have a case against CPS right now where they actually planted evidence on one family they were just "sure" was dirty. So let's here the guy out before you get accused of not being "civil" ok?
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Excuse me? I'm mocking NOBODY. Does it occur to you that I may have legitimate reasons for asking the question, NOT LEAST of which is the OP's location?
 
Proserpina, I don't mean to be combative in my text, but you would be surprised what children get taken for. I just was talking to Duranie (I finally know what her name means so I'll be able to spell it) (I looked yours up too!)

The real danger at CPS is the assumption that if they are involved that the parent has done something wrong. As I'm sure you know, a vast majority of cases are completely without merit and are "referred" by people with an Axe to grind. Sometimes, either because the social worker is jaded from how much they have seen, or because the person with an axe to grind is good at their "referral," CPS gets more deeply involved than they should.

On occasion after they have "committed" to the case and find out that the "tip of the iceberg" that the struck at is really just an ice cube floating in the ocean, they are emotional or professionally committed and don't want to back out and say, "oops I was wrong." So they wrongfully pursue cases.

I will grant you that this is a minority of the time. Because of the subject matter though, children, the results are grave. There are two very bad assumptions to have if you work with CPS, first believing that what you see is the "tip of the iceberg" and second that because they are children that you should err on the side of protecting them.

The truth is that custody of one's child is so sacrosanct that you have very little room for error. Unfortunately you must be right, and not err either way, which is an incredible burden to bear. The truth is if CPS is too "reticent" as CDWjava said (which happens) sometimes children are injured or even die. If they are too aggressive, sometimes parents are unjustly abused and families suffer. Neither outcome is acceptable.

So CPS walks a tight-wire, and they are human. All I ask is that we all step back from each situation and view it like it is the first one you have seen. For example, in this one you assume that their must be something else wrong with the OP than just letting the child get lice. Not necessarily. We'll see.

Ok, enough of my pontificating. I hope that clears things up Proserpina.
 
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OP, I'm curious what case you are talking about. Do you have the names?

Proserpina, I'm not trying to get into a fight today. The way I read your question, and I would assume the way OP reads it is that you can't believe his case is just over head lice. All I'm saying is that we can't assume that. I wasn't trying to start a fight.
 
No, I can't remember the name of the woman. She had her children taken away and she sued CPS for violating the 4th amendment. I will research it some and get back to you.
 
Go here, OP


The author of the site has gathered together one heck of a clearinghouse in terms of possible options, resources and a community where you can be in contact with others, maybe even very close to you.
 
Thanks, I will check that out. I am wanting to try to get some papers together to have them served when I go back to court on the 27th for a lawsuit.
 
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