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  1. #1
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    Aug 2018
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    Default Can You Sue a CPS Case Worker and the State Over Investigation of a False Allegation

    My question involves civil rights in the State of: Texas, me my husband and our little boy have been being harassed by a bad cop for over ten years. All kinds of bad things have happened but my son insists that he read somewhere, and he always reads the constitution and even the deeper parts, that he can bring a lawsuit at age 11-12?

    At age 5 a false allegation was made and I started to cooperate then I lost it and told the woman to send me court papers and we would duke out before a judge and the next evening she surrounded my house with a swat team and we had a two hour stand off. The cops were crying stating thatís not what she told them etc. anyway she didnít follow any rules threatened to shoot my sons dogs then all we could do was let her jerk him out of my arms kicking and screaming!

    He was taken to a morbidly obese couples house on the worst side of town, who slept on the couch the whole next day. They did get up and pump my son with purple medicine to knock him out but he kept throwing up! They had several kids but had to pick up ther own kids so they piled like 6 small children in the back of a pick up with no car seats or seat belts!!

    Now we were lucky enough to get through to the judge within 24-48 hours and he called that social worker and told her to release him to us immediately! Of courage kept him another 24 hours! We went to court still with my own lawyer and the judge actually apologized to me.

    But my son has not been in school much since because she had come to the school and stipped him down in a room alone down to his underwear and took pictures of him. He keeps a cps bug out bag although I know now to just never respond or acknowledge those people.

    Search and seizure based on hearsay? Permanent psychological harm, no MD or parent present, no history, nobody else agreed, humiliation, not caring for him in foster care, there was no crime committed what about due process? And the right to freedom liberty and happiness? I know itís unconstitutional to rip a child from a mothers arms. Wow! This child wants justice? Can he do anything honestly?? Thank you for reading the long rant

  2. #2
    Join Date
    Nov 2015
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    47.606 N 122.332 W in body, still at 90 S in my mind.
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    Default Re: False Allegation to CPS but Child Wants to Sue Case Worker and State

    Based on a complaint and then investigation Cps can rip a child out of a mothers arms.

    Not a lot of this makes a lot of sense and you allege 10 years of being harassed by the CPS employee. Are you saying that this began when your child was 1? What is the nature of the complaint?

    I don't believe that cops were crying. I struggle to believe that SWAT was called out for a CPS complaint unless you had an arsenal in the house and were preparing to employ it.

    I don't buy that a CPS worker has the power to shoot your dog.

    This is, frankly, hard to swallow.
    "Where do those stairs go?"
    "They go up!"

  3. #3
    Join Date
    Oct 2006
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    15,112

    Default Re: False Allegation to CPS but Child Wants to Sue Case Worker and State

    I don't think that you read that very well. I do not buy the story all that well myself, but its not outside the realm of possibility. The harasser is a cop, not CPS, the cop called CPS on her. I also believe that it was the cop that threatened to shoot the dog.

  4. #4
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    Nov 2015
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    Default Re: False Allegation to CPS but Child Wants to Sue Case Worker and State

    Quote Quoting llworking
    View Post
    I don't think that you read that very well. I do not buy the story all that well myself, but its not outside the realm of possibility. The harasser is a cop, not CPS, the cop called CPS on her. I also believe that it was the cop that threatened to shoot the dog.
    I did read it. i read it three times and not a lick of it makes any sense. I guess at 4 am I got stuck on the antagonist being a CPS based on the jerking of the kid. Regardless, this appears, on its face, to be pure nonsense.
    "Where do those stairs go?"
    "They go up!"

  5. #5
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    Default Re: Can You Sue a CPS Case Worker and the State Over Investigation of a False Allegat

    Quote Quoting Farah73
    View Post
    ....that he can bring a lawsuit at age 11-12?
    Without addressing at this point the potential merits of any case that may be brought, minor cannot file a lawsuit; any action must be filed by an adult who stands in the capacity of "next friend" to the minor.
    Quote Quoting Farah73
    But my son has not been in school much since because she had come to the school and stipped him down in a room alone down to his underwear and took pictures of him.
    You're talking about something that occurred six years ago? You should get your child appropriate mental health support such that he can attend school. You should have done so starting roughly six years ago.
    Quote Quoting Farah73
    He keeps a cps bug out bag although I know now to just never respond or acknowledge those people.
    If nothing has happened with CPS for six years, and you're having your child keep a "bug out bag", you're not helping him. You need to put his fears into perspective, not magnify them.

    You have not yet shared information here that would suggest that CPS did anything improper. You indicate that they responded to a complaint, and that they removed the child from your custody after you refused to cooperate with their investigation and forced a police-standoff. Perhaps you should discuss your son's situation in detail with a lawyer in your state, who can look for any relevant facts that you have not shared here.

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