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Domestic Abuse

Can I sue ACS, live in the Bronx. Acs violated my rights and took my kids from me in court?

Q: We had false alligations against (currently in court) my husband and myself which led to acs taking my kids from me while in court. They lied and told us we have to be in court because they have a warrent for my husband arrest which was not true. We never even had an acs case in court, but when we did show up to court they took our kids and kept us from seeing them for almost 2 weeks. We only saw them once. We had a 2 week long 1028 hearing because apparently the judge was also clueless as to what was going on. ACS lied to the judge telling her they sent us letters to come to court (no letters ever sent to our home). So they was able to file a petition for our kids to be removed from us. We did get them back home. However our kids are still traumatized and their clothes, sneakers, and even my daughter’s prescription glasses were all stolen while my kids were at the children’s center, although this happened about a month ago. According to the court acs has failed to prove the imminent danger which they claimed led to them taking our kids in the first place.

A: You MAY have an ability to sue ACS, but in part you will need to prevail in Family Court first. I thus disagree with the statement that “suing them will get you nowhere,” as same implies no one has ever successfully sued ACS. And while I agree it is very hard to prevail in a lawsuit against them (owing to “qualified immunity”), it is misleading to imply that it’s impossible. Call a Bronx Child Abuse defense attorney to schedule a consult for a full assessment. 

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