Legal Question in Civil Rights Law in California

How often is cps (child protective services) being sued for violating parents civil rights? anyone willing to listen in riverside county?


Asked on 3/16/12, 7:36 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

While I could answer your question literally and tell you how to look up filed lawsuits, what I think you are asking is how does one go about suing CPS workers/the county that employs them for violating parents' civil rights. CPS workers are sloppy and they very often violate the civil rights of parents. Large damages awards and settlements have been won. Like everything having to do with CPS, the cases are complicated and emotionally draining for the attorneys who work on them. Bringing a successful lawsuit requires navigating many obstacles. There are only a few attorneys who handle civil rights cases, and still fewer who are familiar with CPS issues. CPS mostly targets low-income people who often can't afford to pay legal fees or litigation costs upfront. Very few lawyers take these cases on "contingency fees," since there is no guarantee that the attorney's years of effort on the case will be compensated. If you are serious about pursuing such a case, I would be pleased to read any emails or documents you would care to send me without charge. However, I am presently unable to work for you for free or on a contingent basis -- in other words bring your checkbook. Watch out for legal time limits for filing lawsuits.

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Answered on 3/16/12, 8:38 pm
Terry A. Nelson Nelson & Lawless

Seldom successfully, since governmental agencies and employees are 'immune' from suit, unless you can 'prove' to a legal standard that they willfully exceeded their statutory authority. They can not be sued for mistakes or discretionary decisions. IF you really think you can prove 'intent' to violate your rights, and IF you are ready, able and willing to incur the substantial fees and costs of such suit, feel free to contact me to discuss your evidence.

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Answered on 3/17/12, 1:35 pm


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