CiteTEXT
...Defendants Sommers, [Sheri] Tyler, Dietrich, Lovelace, Udow, Champagne and Forrest as a Joint Participant in the Violation of the Plaintiff's Federal Statutory and Constitutional Rights,” and reiterates that the ...statutory and constitutional rights under 42 U.S.C. § 1983, including procedural and substantive due process violations, an equal protection violation...is legally required to investigate and intervene to safeguard the rights and welfare of children under Michigan law and CPS procedures. Count II further contends that the MDHS...
...suffering, discrimination (racism, classism), negligence, invasion of privacy, and violation of my family constitutional and civil rights.
CPS has continuous...statutory remedy of equal effectiveness through which the plaintiff could have vindicated her constitutional rights.").
Section 1983 creates no substantive rights but merely provides...remedies for deprivations of rights established elsewhere. As such, it has two basic requirements: (1) the deprivation of federal statutory or constitutional rights by (2) a person acting under color...
...notice requirement in light of defendant's assertion that the statements to the CPS caseworkers were obtained in violation of her constitutional rights ( see CPL 60.45; People v Rodney, ...prison term of 50 years to life and defendant now appeals. Because we conclude that defendant's statements to the CPS caseworkers were admitted in violation both of her right to counsel and CPL 710.30...her] direction or in cooperation with him [or her] . . . in violation of such rights as
the defendant may derive from the constitution of...
...proper evidence." The complaint also refers to "violation of my constitutional rights." She names as Defendants CPS case worker Terri Watkins; Casey Kimball, her attorney during the parental-...document on termination of parental rights action deceitful lies from CPS [Child Protective Services] worker Terri Watkins perjury at it's best and the judge ruling of the evidence without reason/claim of... protesting the termination of her parental rights by the state court. The complaint states, in pertinent part: "Yes, I'm appealing the termination order and...
...).
B. State of Kentucky, CPS, and CPS Hotline
Although not so specified by Jones, because Jones alleges a violation of her ...case in federal court (including any federal and/or U.S. Constitutional provisions), Plaintiff states: "Privacy, obstruction of justice, slander, deformation [sic] of character, violation of my...family's IV, V, VIII, XIV section 1 Constitutional rights, psychological warfare practices, libel and fraud, kidnapping and misrepresentations." Plaintiff explains the basis of her suit as follows...
...) ("If the need for more or different training is so obvious, and the inadequacy so likely to result in the violation of constitutional rights, the policy makers of the city can reasonably be said to have ...indication that these policies would in anyway have lead to a violation of Fox's constitutional rights. The policies presented by Fox show that CPS allowed Dr. Sprague, fresh out of his residency ...medical treatment of inmates and the hiring of doctors, lead to a violation of his constitutional rights.
While a corporation can not be held vicariously liable for the actio...
...the grounds for filing her case in federal court, Plaintiff states, "Violation of IV and XIV Constitutional Rights Amendments Infringement, Intimidation, Reprisal." Plaintiff alleges that on March 8, 2010, a worker...
1. CPS
Although not so specified by Plaintiff, because she alleges claims of constitutional violations against CPS, the Court construes this action as bein...vindicated her constitutional rights.").
Section 1983 creates no substantive rights but merely provides remedies for deprivations of rights established elsewhere. As such, it has...
..."that demanding the suspension of guaranteed legal rights and privileges is a violation of [Treistman]'s constitutional and other rights," (id. ...his gender "as part of an ongoing conduct, practice and pattern of discrimination against male parents" and that said policy forced him to be separated from his daughter in violation of constitutional ...-21); (12) Whittaker, Greene, Krisjanis, Jackson, Sorkin, CPS, DSS, the County, and others discriminated against Treistman on the basis of gender in violation of his equal protection rights...
...not be held liable for violating the family's constitutional rights. Id. at 619.
On a motion to dismiss, we must determine whether the complain...any plausible allegation that any of these CPS employees participated in the decision to interfere with Keates's and A.K.'s constitutional rights, the district court did not err in dismissing the...did not violate Keates's and A.K.'s constitutional rights to familial association because Koile had reasonable cause to believe that A.K. was in imminent danger of serious bodily injury, and the...
...against defendant CPS for violation of plaintiffs' constitutional rights. See ECF No. 1 at 1. "Municipalities and other local government units . . . [are] among those persons to whom § 1983...local governmental entity may also be liable if it has a "policy of inaction and such inaction amounts to a failure to protect constitutional rights." Oviatt v...)). /////
Plaintiffs' complaint does not allege a constitutional violation based on a policy or custom. Accordingly, plaintiffs fail to state a claim again...
...alleging the violation of their federal constitutional rights to be free from unreasonable, arbitrary, and undue intrusions on their privacy, person, and home, as well as setting forth various state law claims. ...invasion of constitutional rights of some magnitude. More than that: it is a violation of any known principle of human dignity." C...ignore the rights of the accused or any other parties. Otherwise, serious injustices may result. In cases of alleged child abuse, governmental failure to abide by constitutional constraints may have...
MOTIONS (Beta)
...for calling CPS prior to calling law enforcement as a violation of the District's policy. Even if officials did not follow the policy to the letter, Plaintiff's Monell claim fails because neither of these ac...violation of her Constitutional rights, there is nothing in the record to support this allegation. See Celotex Corp, 477 U.S. at 325.... Constitutional Claims
To prevail on a civil rights claim, a plaintiff must prove both that (1) a person acting under color of state law committed the conduct at issue, and (2...
...that the delay in fully executing the warrant made the detention of the defendant unreasonable and illegal in violation of his constitutional rights. The court disagrees. The defendant arrived at the ...pursuant to a valid search warrant for his person. He was advised that he was not under arrest and advised of his constitutional rights under...interfere with the voluntariness of his actions.
5. The defendant voluntarily, knowingly and intelligently waived his constitutional rights, federal and state...
...abuse allegations put Smith on notice that she would be violating Petcu's constitutional rights by deviating from those procedures. We disagree. See Myers v. Scott County,..., 533 U.S. at 201. If so, the next step is to determine whether the constitutional right was clearly established at the time of the alleged violation...White for the proposition that we should infer the existence of a clearly established constitutional right from statutes and CPS policy manuals that emphasize the importance of maintaining family...
MOTIONS (Beta)
..., plaintiff is required to show that CPS's policy or custom was the moving force behind the violation of his constitutional rights. See Monell, 436 U.S. ... unclear how this conduct could plausibly be a violation of plaintiff's constitutional rights. Plaintiff provides no further clarification as to how Turner or...Probation Services prior to any lawful conviction” [Doc. 1, p. 2]. Plaintiff does not even attempt to allege that the supposed violations of his constitutional rights were caused by any CPS custom or...
...:
Due to violation of my 6th constitutional right being violated unlawfully violation of IV and XIV Constitutional Rights. No concrete evidence...1973 and title II of Americans w/ Disability Act of 1990 Violation of IV and XIV of Constitutional Rights.” (Id. at 4...violation of 14th Amendment I seek relief of monetary value of 4 billion dollars, reinstatement of my parental rights and said child J.T.L.S. be returned to me ASAP it will take countless days/hou...
...violation of defendant's constitutional rights to sustain an objection to questioning regarding a three-year-old statement from police regarding CPS. The electronic search condition is now...there is some threat of CPS taking her kids just invites the jury to speculate."
Defendant claims the trial court's ruling violated his rights to confront the accuser and present a...relating to the reliability of the witness.' " [Citations.] However, not every restriction on a defendant's desired method of cross-examination is a constitutional violation. Within the confines of the...
MOTIONS (Beta)
...42 U.S.C. § 1983 (2003) ("Section 1983") for violation of his constitutional rights, specifically Defendants' alleged deliberate indifference to his serious medical ne...by a supervisor in one of five ways:
(1) the defendant participated directly in the alleged constitutional violation, (2) the defendant, after being informed...constitutional rights of which [a] reasonable person would not have known." Harlow...
MOTIONS (Beta)
..., Hoerner's only involvement was to remind Vazquez-Hanson of her duty as a licensed childcare provider to report W.A.'s injuries to CPS. This act alone does not, and cannot, constitute a violation of the Alvarado-Y...established statutory or constitutional rights of which a reasonable person would have known.'" Pearson v. Callahan, 555 U.S. 223, 231...) whether the facts that a plaintiff has alleged "make out a violation of a constitutional right," and (2) whether the "right at issue was 'clearly established' at the time of the defendant's alleged...
...
Defendant Feldman first argues that Plaintiffs' claims under § 1983 must be dismissed where Plaintiffs cannot establish showing a violation of their constitutional rights. ECF No. 39 3-6. Defend...alleges the deprivation of actual constitutional rights which were clearly established at the time of the alleged violation[.]" ECF No. 57 at 6-7.
In the instant case, Plaintiffs have...neglect. Plaintiffs allege the removal of their children violated their constitutional rights and caused intentional and negligent infliction of emotional distress. Finally, they seek declaratory and...