Before you sue....

  1. If you abused your child you would be in jail.
  2. You can sue as Jane or John Doe and never reveal your identity.
  3. You should have repeat injury or multiple children,
  4. They must have actually removed your child.
  5. CPS must not have probable cause,
  6. For Section 1983 no statute of limitations.
  7. For cash damages for personal injury 3 years.
  8. You should pay for a medical costs expert for future mental health costs.
  9. You should pay for a handwriting expert if there is forgery.

What cause of action?

  1. CPS violated your right to equal protection of the law.
  2. If they violated state statutes they also violated your due process.
  3. If you did not have a hearing prior to or after the removal.
  4. Equal Protection Clause and Due Process Clause.
  5. Interference with parent child relationship.
  6. If you sue as your childs next friend Fourth Amendment.

First file a tort.

Every state has their own set of rules surrounding torts some have you get a notary, and some have online ways of filing. DO NOT DO THE ONLINE TORT FILING. Tort law says you must mail in the tort to the states attorney general and get a receipt that they received it. Online forms were meant to mislead you.

  1. Submit tort wait 60 days.
  2. Whether they respond or not go ahead and file the suit.
  3. State under jurisdiction that you already filed a tort.
  4. Send in all of your redacted evidence with the tort.
  5. Send in a release authorization to your doctors.
  6. They need to access your mental health records.’
  7. Or doctor records, depression is painful.
  8. Some circuits require a dollar amount for specific injuries.
  9. If so you have a ton, gas, loss of career opportunity etc.
  10. Put the rights they violated in your tort and
  11. Put state laws they broke to remove immunity.
  12. In the tort its okay to put a dollar amount.
  14. If your worker is a county employee file a tort with the county.
  15. If you are suing the cop file tort with their county employer.

Download the summons

  1. You are the plaintiff.
  2. The director of your states CPS. Defendant 1
  3. Workers supervisor. Defendant 2
  4. Social worker. Defendant 3
  5. If you are suing the county employer an cop do it in a separate one.
  6. You can sue any mandated reporter, doctor, teacher under 1983.
  7. If you do everyone at once and make a mistake you will have no more heads, and everyone will hate you.
  8. Do not tell them you are suing.
  9. Do not serve them the summons.
  10. Always use the mail to file since that gives you more time.
  11. Serve the summons to the AG of your state.

Download the cover sheet

  1. Every state will sometimes have their own cover sheets.
  2. They may ask you to fill out a different one but these are nationwide.
  3. Would not recommend putting a dollar amount on the cover sheet.

Download the complaint

  1. Every state will sometimes have their own complaint.
  2. They may ask you to fill out a different one but these are nationwide.
  3. Some states do not even show complaint forms.
  4. Be basic if you are going to file a motion for a lawyer.
  5. You will likely need additional paper.
  6. Individual capacity only.
  7. You can sue as your childs next friend.
  8. You can sue the judge just add Article III to jurisdiction.
  9. Do not worry if you get dismissed appeal right away.
  10. You will be favored on appeal.

Download fee waiver

  1. Attach proof of indigency redacted.
  2. You have a right under case law access to the courts.
  3. You can sue as many times as many people as you want free.
  4. If you are dismissed for frivolous 3x then they will make you pay.
  5. If you pay you may not be able to ask for a free lawyer.

Motion for a lawyer

28 U.S. Code ยง 1915 – Proceedings in forma pauperis (E)(1) provides that the district court may assign an attorney to assist a plaintiff who has qualified to proceed in forma pauperis. If you have an open state case you may not be granted a free attorney.