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Can I Sue CPS for Lying to 911 and Slandering Me

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  • 07-12-2013, 02:43 AM
    Gelnn
    Can I Sue CPS for Lying to 911 and Slandering Me
    My question involves civil rights in the State of: Texas

    I need to know if I can sue a cps officer for maliciously calling 911 and reporting that I was the one that was sexually abusing my niece, and it was a lie and I can prove it and have the 911 tapes to back me up on the issue. along with several other issues also, but this is to start with.

    Let me explain from the beginning.

    Within the 2013, an anonymous call was made to cps and reported a female and her granddaughter. The next day my mother asked me, a male, to go pick up my nephew and son from school because mom and dad had to go do stuff. I agreed. I get to the school and pick up my son, and then spend the next 15 minutes looking for my nephew and starting to panic. A teacher finally walks up and tells me that he is in the office. I go to the office to find out he is in a room alone with a cps investigator. She asked the children to leave the room, and proceeds to question me about my niece. I answer her question, "if she is not at school, I do not know, but if it were me and she was sick, I would have taken her to the hospital". She starts to get rude and demanding 'which hospital?', at which point I ask her if the report was about me, and if so who is the witness against me. She answered 'No, it is about a female dragging a little girl to the school', and that even if it were about me that she did not have to tell me who made the complaint and that it was an anonymous tip. My nephew is not the child in question he is a boy not a little girl, and he is autistic. I ask to see her certificate to interview autistic children and she said she did not need one. I told her since this is not about me I was leaving and not to bother me about it because I was not the person in question. At which point she threatened to call the police if I did not cooperate. I asked her again is this dam issue about me or not, she said it could be. At which point I informed her if this is about my ex calling you again and pretending to be someone else then drop the dam issue involving me. I told her to screw off and I was leaving. If it was concern for the child, she could have verified with the school as to where the girl in question was. She was less then 100 yards away from the front desk. She could have verified who had called her in sick that day and they would have told her it is her father and provided her the information on contacting him. Instead, since my ex had already called cps on me 3 different time and I have been cleared all 3 times. And the last time I used her calling cps on me in court and called the cps agents in to show their findings cps has been after me. The cps officer then proceeded to call 911 and report the issue of male sexually abusing a little girl. (911 tapes)
    I am walking out to the car and it takes a bit, because we walk to the car and I have to buckle them in. I go and get them a snack from Mc Donald's and we go home. As we arrive on the property I get the kids out of the car and start to walk to the door to be met with the cps investigator and a police officer at which point I tell the officer to remove him-self and the cps agent from the property and that I have nothing to say to them. The officer can only see that I have two male children with me as I pass them on the walkway leading to the door. I walk into the house and close the door. I get the children feed, and start to get them drinks, and then the officer starts pounding, not knocking, on the door. I turn the handle to the door and the officer pushed it open and almost hit me in the face, if my foot was not behind the door, it would have broken my nose. He then stuck his foot in the door and started to demand answers. I asked him for the court order that allowed him to cross the threshold of the house and detain me at the door and refused to provide it. I tell him to call and get a search warrant if he did not already have one he spends the next 40 minutes questioning me and forcing me to cooperate with the cps investigator and demanding that I produce the girl not in my custody. I finally asked my eldest nephew to grab the phone for me and he brought it to me, at which point I called 911 and requested for a senior officer to my location to deescalate the situation, because I have an officer that is in violation of my rights and does not have a search warrant, and question the officer again to produce the search warrant. The 911 tapes can prove the conversation. Along with a tapping which is the officer pushing up against the door to try to force his way into my house, which is the door hitting the phone, and my foot. Along with me asking for a warrant on the tapes, you can hear the officer ask as to which hospital the girl is at and the phone number of my brother, at which point I respond and tell him to remove his foot from the door for me to get the information for him, and he refuses (911 tape). 911 reports the senior officer is at my location and is going to disconnect, I tell her I do not see the officer and he has yet to come talk with me, 911 ends the call. The senior officer gets there and instead of telling the officer to back down he nods to the officer at the door and force their way into my house, at which point I call 911 again because not only the first officer, and the senior officer the but a 1st officer's partner, the 3rd officer force their way into my home. I call 911, and on the tapes you can hear me and the officer threaten to arrest me if I was on the phone to 911, after they broke into my house. (911 tapes) At which point my parent arrive back at the house and 2 of the officer exit the house but the 1st officer refuses to leave the property and demands to search the house. He is called out 3 different times by the acting senior officer to 'leave the house', and finally told 'fruit of the poisonous tree' before the 1st officer leaves the house. Not to mention that the officer demanded to let the cps agent in, forced coercion, and not legal for the cps agent to enter the property.

    With all that stated. This went on for over an hour, the police did not file a report and has not to this day and has been over 3 months. I did turn in the paperwork appropriate in 30 days according to their rules regarding a complaint against the officer, just to have it returned under some guise that it was not signed properly and trying to get me to go back in to turn it back in.

    This is what I have been able to locate on my own.

    42 U.S.C. § 1983 – Civil action for deprivation of rights
    Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

    Memo to all cps workers can be found here.
    http://www.tdcaa.com/node/3382
    Key point in memo is the very first paragraph before the "I. INTRODUCTION"

    "On July 28, 2008, a federal appeals court with authority over Texas handed down a decision in a case that will be referred to as “the Gates case.” The decision is binding on Texas and because it involves federal constitutional rights, supersedes anything to the contrary in Texas law, or DFPS policy or practice."

    I have the right to face my accuser according to the Constitution. It no longer allows cps to accept anonymous tips as of 2008. And does not allow then to selectively choose what parts of the Constitution they want to follow.

    Since the cps officer lied on the 911 tapes and is doing this out of malice and spite, I do not see where she protected under the law. She acting on her own when she lied to 911, 'under the color of law', and do you think I have a strong case against her and the officers that broke into my house for forcing me to cooperate in an investigation that had nothing to do with me, or is there something else might I be missing?

    This is what I know so far and what I can prove. Section 1983 allows me to sue all 4 of them using 'under the color of law', it invalidates their immunity from civil and federal law suits. If I am mistaken please correct me.

    She lied to get the police out there which is slander. She did it to force me to cooperate with her because if it was about the child she could have checked with the school when she was there to get the information about her father and a contact number for her father. Proof of malice. (CPS hates being used in court against the person that called them are made the report to the anonymous line, the point at which I used the cps investigations in court to protect my child from my ex. background information on cps and me)
    Not only did the officers force me to talking with cps with the same exact questions she asked at the school that I had already answered. That is coercion.
    They also violated my 4th amendment and many others by the officer sticking his foot in the door as I opened it, and never requesting entry.
    When he did that he illegally detained me at the door questioning me and forcing me to cooperate with cps. Even though the original issue she was out there on was a female and a female, not a male and a female.

    It was never about the child about me.

    And as for the excuse of if you are not guilty then you have nothing to hide. Jesus had nothing to hide and look at what they did to him.

    I know it is a long read and I thank you for any help you can provide me. I understand that this is not legal advice in any way shape or form, it is just pointing things out that I may have missed.
  • 07-12-2013, 03:31 AM
    Dogmatique
    Re: Can I Sue CPS for Lying to 911 and Slandering Me
    You have no legal case here.
  • 07-12-2013, 09:24 AM
    Gelnn
    Re: Can I Sue CPS for Lying to 911 and Slandering Me
    May I ask why? As in what I am missing?
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