thelucidist
Junior Member
What is the name of your state (only U.S. law)? CA
I'm a single mom still recovering from a 19 month ordeal with the CPS agency in this county (CFS) as is my 9 year old daughter and am suing CFS and 6 of the Social Workers & Supervisors involved under 42 USC 1983, Callif. Constitution, IIED, Negligence, and Abuse of Process.
I've focused on that tiny little window between the child's actual warrantless seizure and the time of the Detention Hearing, while they were not under the supervision of the Juvenile Court. And I'm the first one ever to sue them for their investigative conduct and violations arising from the absence of exigency.
I've survived 2 separate demurrers (I prevailed on immunities, statute of limitations, and failing to state causes of action ~ now there's an education!) and the predictable tactics and maneuverings and will be filing the inevitable Motion to Compel & to Compel Further Responses Tuesday the 12th, along with and App for Order shortening time, because the MSC is Nov. 1st and they're just doing the delay dance at this point. Trial is set for December 14th. The judge has been very fair ~ he's listening, which is all I ask.
So far, so good.
I have LOADS of questions, but these are the ones I really need to know...and thank in advance.
1. After sparing no time or expense to get me tossed out, Defs have not asked for a deposition. I am quite sure it's not a money or time issue and it would seem a decent opportunity to take a concerted run at me. So why not?
2. During discovery (interrogs, because I'm broke), I, well...'discovered' the names of a couple of doe defendants. Is it worth naming them at this point? I can't seem to find great info on how to do that...
3. CFS claims that they didn't take my little kid ~ the police did. But the Police ~ in the rejection of my claim ~ said that they didn't do it, CFS did. My first thought was that its not a huge issue, because either way CFS is supposed to investigate and either file the petition or not, correct?
3 1/2. Is it a good idea to get the Police rejection letter Judicially noticed to refute the above? or is it wiser to hang on to it for more effect?
4. The county keeps saying that they do not remove children (or have the authority to do so (!), they just take them from police. There's nothing documented in the file or police report referring to a transfer either. The SW who took custody claims he did not investigate ~ that there is in fact "an investigating worker" who was assigned AFTER he took her. Unless I miss my guess here, isn't that proof that they violated all kinds of due process? I mean, they're not supposed to snatch first and investigate later without exigency, right?
5. Isn't it CFS' responsibility to take that authority? The cops don't decide what kid stays and which one goes ~ that CFS, so is this their way of ducking?
6. Not a single set (out of 14) were signed under oath ~ the attorney signed even for the individuals, but without the blood oath tag line. There is nothing I've found that is very clear, but that's unacceptable, yes? Doesn't he have to say "under penalty of perjury" or something?
7. Lastly, to clear Monell, I asked for simple stats: How many petitions did you file total? Of those how many warrants did you seek? Opposing counsel did not answer for the county ~ but it a fair question isn't it? (I worked for my dependency attorney for 2 years after my dependency terminated (cool, right?) and I know for a fact the answer to the latter is z-e-r-o ~ POOF! ~ pattern & custom. I even asked each SW if they had ever sought a warrant themselves. They all said z-e-r-o.)
How'm I doing so far?
Any help would be greatly appreciated ~ thank you so much.
T. Faithe
I'm a single mom still recovering from a 19 month ordeal with the CPS agency in this county (CFS) as is my 9 year old daughter and am suing CFS and 6 of the Social Workers & Supervisors involved under 42 USC 1983, Callif. Constitution, IIED, Negligence, and Abuse of Process.
I've focused on that tiny little window between the child's actual warrantless seizure and the time of the Detention Hearing, while they were not under the supervision of the Juvenile Court. And I'm the first one ever to sue them for their investigative conduct and violations arising from the absence of exigency.
I've survived 2 separate demurrers (I prevailed on immunities, statute of limitations, and failing to state causes of action ~ now there's an education!) and the predictable tactics and maneuverings and will be filing the inevitable Motion to Compel & to Compel Further Responses Tuesday the 12th, along with and App for Order shortening time, because the MSC is Nov. 1st and they're just doing the delay dance at this point. Trial is set for December 14th. The judge has been very fair ~ he's listening, which is all I ask.
So far, so good.
I have LOADS of questions, but these are the ones I really need to know...and thank in advance.
1. After sparing no time or expense to get me tossed out, Defs have not asked for a deposition. I am quite sure it's not a money or time issue and it would seem a decent opportunity to take a concerted run at me. So why not?
2. During discovery (interrogs, because I'm broke), I, well...'discovered' the names of a couple of doe defendants. Is it worth naming them at this point? I can't seem to find great info on how to do that...
3. CFS claims that they didn't take my little kid ~ the police did. But the Police ~ in the rejection of my claim ~ said that they didn't do it, CFS did. My first thought was that its not a huge issue, because either way CFS is supposed to investigate and either file the petition or not, correct?
3 1/2. Is it a good idea to get the Police rejection letter Judicially noticed to refute the above? or is it wiser to hang on to it for more effect?
4. The county keeps saying that they do not remove children (or have the authority to do so (!), they just take them from police. There's nothing documented in the file or police report referring to a transfer either. The SW who took custody claims he did not investigate ~ that there is in fact "an investigating worker" who was assigned AFTER he took her. Unless I miss my guess here, isn't that proof that they violated all kinds of due process? I mean, they're not supposed to snatch first and investigate later without exigency, right?
5. Isn't it CFS' responsibility to take that authority? The cops don't decide what kid stays and which one goes ~ that CFS, so is this their way of ducking?
6. Not a single set (out of 14) were signed under oath ~ the attorney signed even for the individuals, but without the blood oath tag line. There is nothing I've found that is very clear, but that's unacceptable, yes? Doesn't he have to say "under penalty of perjury" or something?
7. Lastly, to clear Monell, I asked for simple stats: How many petitions did you file total? Of those how many warrants did you seek? Opposing counsel did not answer for the county ~ but it a fair question isn't it? (I worked for my dependency attorney for 2 years after my dependency terminated (cool, right?) and I know for a fact the answer to the latter is z-e-r-o ~ POOF! ~ pattern & custom. I even asked each SW if they had ever sought a warrant themselves. They all said z-e-r-o.)
How'm I doing so far?
Any help would be greatly appreciated ~ thank you so much.
T. Faithe
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