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Is their any benefit/harm to stating “special relationship” in a federal 1983 claim involving child removed & put in foster care

| Dec 5, 2016 | Uncategorized

Q: I’m under the gun re statute of limitations. Filing initial complaint pro se and will then get an attorney as I have 2 days! Doing research I’ve come across the term “special relationship” and am wondering if this can help me? Ultimate goal is to name Judges which of course won’t happen. Child taken away unjustly-“article 10 proceeding disguised as a PINS proceeding” is how someone put it. PINS petition appealed and subsequently deemed defective. Should I bother mentioning a “special relationship” or is their no point? Many thanks!

A: David’s Answer: You do not necessarily need to allege a specific “special relationship” in your pro se complaint so long as there is a factual basis which would support same. That said, bear in mind you cannot sue Judges for actions taken in their judicial role – focus your efforts on the child welfare agency, caseworkers or other entities who did you wrong. Schedule a consult with a White Plains civil rights attorney for a full assessment.

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