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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90238
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Relevant Question about Appeal Decision(final)in state court;SUE

Customer Question

Relevant Question about Appeal Decision(final)in state court;SUE IN Federal Court.
Family want to sue (after report crucial to the initial investigation)proving one's innocent.
Family want to sue even pro-se(self file)based solely on,malicious harm,easily proven with supportive evidence in fed.ct. I am heather...

" The first part of this relevant question is,"do a appeal decision affirm for ostensible abuse bar such citizen in their state from filing a lawsuit,in fed.court and or the adult age child can?"
Read more below for the conclusion of a direct-answer to the aforesaid,thank you.

Now:

The question is(set of facts i will present first)for your immediate view to respond.

1.Child was remove from a home years ago.
.
2.State prosecuted the father/mom premise on a false allegation,for which state knew at the time was false;took family almost five years,to wrap up the action in the "state"family court,took it as high as the Appellate,to exhaust all of their state remedies,prior to file of a lawsuit for money damage(s)etc. and other relief under U.S.C.Title 42 Sec.1983 claim.
.

3.The parents sued,but premise on statute of limitations,case was dismissed "with" prejudice,on the"1"claim for wrongful removal.But said,in decision children surely can file a claim at 17,almost 18 and or right at the time the children both turn age eighteen y.o.
and OR parent can"return with a new claim"it adage,against a new caseworker;

i just read in full decision earlier at my office.
.

Now...
.
4.What is unique about this claim(s)is the parents located evidence,supporting the intent
to deprive,and cause harm,for which i viewed tonight,and there are"2"reports disclosing a crucial fact,the "appeal never knew of."2 caseworkers knew the original worker did not at any time,substantiate child abuse,even adaging how the parents were hard working and spoke very well,good people,yet lied"under oath"the complete antithesis,so my query is:

a.)can the family still sue altogether,on the newly discovered report(s)supporting their claim involving wrongful removal(and or can the children for which i am leaning toward yes
can sue,for the fact,they were remove,even when a state worker,KNEW on the day in question,his parents were innocent?Report in my hand goes on to brag on family home.
Report adage,'I have interview this nice family,and even though the lil boy had a "light" barely noticeable "faint mark on the leg"i can't prove abuse took place,and also other kid age 11,say they were also "riding a bike"earlier in the day.CPS caseworker can't prove abuse involving _____. C

B.) Children hence can't be prevented,from returning to the house,to parents.No proven
abuse,during investigation by caseworker,signed off by not"1"but cc copy also to mgr. & 2 supervisors.
.
b.)child,a little boy by this significant report,being never disclose to the initial judge at the time,few years ago,as a result was remove,while at a family member house for easter holiday,taken away,place in multiple group homes;one where he was sadly fondled by a man,nearby; and later was also was sexually abused;fondle,on police dept.record,and the man who work near the actual group home,was found"guilty"for harming the little boy age 12.now 18 in 2 months.

I await your response,and IF your warranting ANY more relevant info for a correct
answer just ask,thank you in advance...

Heather
15yrs.specialist;paralegal
in cps inequities;tort pro-se studies
American;Human Rights;
Foster Care (wrongful removal advocate)
Professional Law Researcher
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Hello Heather. Thank you for your new question and welcome back.

Are you saying these crucial reports proving that there was no abuse or stating abuse could not be proven were concealed by CPS or the prosecution during the state court case?

Were these reports ever discovered before the case was closed through the State Supreme Court appeal?

Were these reports ever presented in court and the issues in the reports raised in court up to this point?
Customer: replied 1 year ago.

oh your here?


hi paul.


boy i've miss ya!


lol


and the mod(s)are AS ALWAYS nice,about what "must've happen with other counsel on,preferably i prefer you,and always have,so hi there.


i have a doozy for you,after this query today plz,thank you


 


heather-marie


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

I believe I chatted with one of your clients yesterday about the case of the rape and runaway from the foster home who is 19 now and suing CPS.

In this case, if those fraudulent reports were never argued as fraud or never discovered as fraud, this is an important thing as this is grounds to get any adverse judgment vacated on a post conviction relief motion.

You are going to have to argue these fraudulent reports as the basis for the case. Fraud to obtain a verdict would not prevent anyone from proceeding in the federal court suit.

However, if the alleged fraud was addressed by the appeals court already and was found not to be a factor, then the fact they lost in state court could harm their chances in federal court because the defense will argue that the state court has already found against them.
Customer: replied 1 year ago.

ok.


yes i am still checking in this case,family i will be consulting with tomorrow and helping the family find a lawyer.(if not the family will sue as many smart now are doing pro-se...(self file. . .)


 


and what i have learn however when asking this newer query is the parent i think,'did bring it up during a appeal,at time of the 1 incident substantiated


yes,but"not everything" i.e. the "appeal ok,the 2 panel judge,did indeed paul affirm the 1 incident,against the parent,"however"as in the other case your helping me with this week,is..."The appeal court"has no clue and or i should say "had no clue' since it is close now,they did not know at all,how 'at the time'the appeal was deciding such fraud on the court"i learn the appellate division,had no clue,"the parent"child was "after"the 1 substantiated incident,was "not at all"where the state,said she was,and how caseworkers,lied cover up,for a long time paul,the child was not well


nor functioning,in "cps care,and under cps supervision"so i am thinking


not sure,but i know your goin to know being a lawyer,'the family i am now thinking,by case law research,will be able to sue,for "the claim feasibly"


premise on:


 


1.Lieing to the "appeal"court about no harm,was happening to child in state care,and or"since being taken from parent"-how child was just"fine.


and


 


2. The almost 18 y.o.son,was being harmed,and how"state"as always knew this,but told even appeal at the time(after the 1 substantiated)incident,had said,how the child is'doing better out of the parent care,and how there was no reason to"return child to the parents."


 


just trying to see how the fam,are able to file,a claim here,because my research demonstrate,and your past wonderful help,exhibit ok,that maybe


the family "can't sue for the fraud on the court involving removal"if the ct.


already "affirm that"sir,but can sue for everything else"that flowed"from that i just share with you right?always welcome your answer,so i am clear


thank you!


 


and last note:


 


NEW CLAIM IS:


 


Parent just learn during father's day weekend(2011) and rush to put state on a notice, at least 3 to 4 cps caseworkers,and 1 supervisor knew on a document that,"the child was place in harm's way,with a alcoholic and a heroine user ex con!"Judge told them clearly,"Do not at any time leave a child in such conditions,UNTIL it was proven the family member was a clean,and responsible man,to"be around the child alone."


 


The doc firmly establish verbatim:


"Judge and the mother,can't know at all about this going on,because if it get out to the judge, "trouble will and or may come"and we really don't want to "risk father from procuring custody/"of the kids,do we?


 


Caseworker respond; nope,but i will not say anything.your right.


Can't have the other parent not get custody,by us"not"following the judge "court order"...



Supervisor,is not mentioning to stay quiet,but come on.If i m a jury or trier of fact,on this suit i would be the first to say conspiracy.


to deprive; etc.



but PAUL am i missing something here???THIS can be made a claim am i right?


 


CROOKED CPS caseworkers agenda,is clear here,premise on the fact


the supervisor,and workers,(should be infer)the conspiracy,even from the inception of this horrid case,the workers had "1"agenda and it was not to return/work with the primary caretaker,but to just"leave child in harms way


even AFTER a judge cited,in written court order,clearly expressing what


he did NOT WANT to happen,and it was going on for months paul..."


 


but yet cps came to court month later adaging,"Kid is fine"no risk judge.


 


heather...

Expert:  Law Educator, Esq. replied 1 year ago.
You need to raise the fraud upon the court and provide proof of the fraud to show the court that the appeal was decided on fraud, which is grounds to file a new appeal, as you know.

It is up to the parent to now prove the fraud and intent to defraud the court to seek to vacate the decision.
Customer: replied 1 year ago.

hi sir.took a few days on what is happening,and question:


1. your adaging,"she will need to show in fed.ct.the"appeal"decided such on fraud?(meaning attach the withheld information to her fed.suit papers)


just be more clearer on this answer today when your able thank you!


i.e.


Doc(s)showing there was documented"no abuse."


Yet,state worker under oath state,"was abuse."


pix.video still shots etc."show what was"Really seen on a child"


but yet"appeal agreed to no fraud on the court"because et etc.


is this what your saying paul?


AND; "To attach the caseworker's internal cps notation of such conspire act to'keep hush"on about their "1"agenda,to not tell judge,so "Dad"do not lose his "chance at getting custody"


etc.


(oh and i have such a great update on "tina"and bob"for you today!)


but plz answer this first thank you.


 


heather.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your follow up.

The fraud I was referring to is if CPS submitted reports that contained lies and concealed the true facts, their not disclosing the true facts is grounds for her to prevail. From what I gather from everything we discussed this is what happened in her case.

You understand exactly what I am saying.
Customer: replied 1 year ago.

i know now.thank you


sure will!


and


 


lastly sir,should i update you ,in this query.


on the call today from 'bob' who SHOCKINGLY did not even call "tina"but me! here at bellaslawstudentnetwork,or just update you from the actual (make a new thread to post)advise me on what to do.


 


Literally, i had JUST got his call. minutes ago.


 


heather.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

You can use a new thread. Also, you said above you were going to leave feedback and a nice bonus, but you may have forgotten.

It is good Bob called you back.
Customer: replied 1 year ago.

oh i did on the other lengthy feedback/answers, i hope your getting it!


check!(not this one the other one)i left 3 pymt.(s)and bonus your to check it and let me know!


heather-marie


as i go start,yes new thread,(i assume i should but was not sure)


again the other one i left three altogether!we accepted, the answer 2x so that is two pymt.then the bonus too.


 


go see!


 


 

Expert:  Law Educator, Esq. replied 1 year ago.
No, I am afraid I received only one feedback and no bonus and it was on http://www.justanswer.com/law/7q36n-paul-query-for-ya-on-someone-reach-today-for.html

Sorry if there was any confusion.
Customer: replied 1 year ago.

brb i want to see this.


i go check hold!


 


heather

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you

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