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Posts tagged "civil rights"

Can i file an lawsuit against acs?

Q: My case has been open for 5 years straight since my first was born 2012 of January. It started in may of 2012 an docter report me that i missed an serious apointment with my son. So my child was removed and we went on trial but the docter was no where to be found to start the trail. My son was in foster care i did service and they still haven't gave me my son til he was 1 yrs old then my second child was born 2013 then they gave custody to the father in june of 2013 without me in the home. They remove them and put them back in my custody in july of 2013 due to positive drug screening. I had then until august of 2014 when we had to meet about my housing issue in the shelter so i put them with my grandmother instead of me being there with them. I wanted to get stable then get then back. Now from that time, i placed them there without me living there. I had my 3 rd child in nov 2015 so they put me under supervision watch by my child father til now. So i am getting really fed up with the system they feel that i am not responsible to take them to there appointment due to i missed an appointment with my first. they are talking bout my first and not my other two its very depressing .
A: David's Answer: It's hard to say from this in what way you believe ACS has violated your rights. Throughout the course of your case, at any point you had the right to file an appeal of any order you disagreed with. Generally you can only sue if a court determines ACS was wrong in removing your child and/or pursuing a case against you. Schedule a consult with a Bronx Civil Rights attorney for a full assessment.

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

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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