Canon City, Colorado Father,who was falsely accuse of a horrid crime involving child(now of age)his step child,for which he is a innocent man.Report Indicate during such false allegation by colorado DHS last summer 2010,"state has evidence supporting the child teen statement"yet there was NEVER any corroborative information/DNA/no evidence supporting such fact,and none ever produce to the judge,but nevertheless the father and mom lost the child anyhow,without ANY attempt by the caseworker of reunification.Child is now grown 18 y.o.,"fully release"from state care,and supervision,she was taken at 17 years old.Do dad have a claim?i say yes,from reviewing the aforesaid,as a advocate and law student,working in law field 11 years.I ask a lawyer at firm i work for and he agree fully.Last part of this relevant question:He want to sue the father and mother both,in the Colorado U.S.District Fed.Ct. for civil right injury etc. for wrongful removal of such child/non-return of the child.etc.He is suing in Federal Court.Do he attach the actual "Civil Cover Sheet"to her pro-se complaint to all be filed in FED.CT. along with the summons correct?(see link below that exhibit the actual summons etc. http://www.cod.uscourts.gov/Documents/Civil/CivAct/sum_cv_act.pdfhttp://www.cod.uscourts.gov/Documents/LocalRules/LR_App_A.pdfthank you)Just need some clarifying on this thank you....From Farrah.
State/Country relating to question: Colorado
case law,supporting this type of claim/injury etc
First, to have a civil rights violation it requires a government actor acting under the color of law. Thus, if DHS lied and fabricated evidence (as they are famous for doing) and this resulted in a false arrest for which you were subsequently acquitted, then you can sue DHS in federal court for violation of your civil rights based on their fabrication of evidence and misrepresentation that they had evidence when they had none.As far as the parents who file the complaint, you could sue them in state court for defamation and malicious prosecution only if you can prove that they knew the statements were false when they made them against you. You could also sue the child who is now 18 for defamation and malicious prosecution in the state courts. However, it is likely neither the parents or the 18 year old have sufficient assets to make you whole.You will need an attorney to file your action in federal court and should have one, because the rules in federal court will be strictly adhered to even if you are pro se and the judges will cut you no slack, so you will be held to know and follow all of the rules of evidence and procedure. You do attach the cover sheet to the complaint when you file it with the clerk, but you serve the defendants with a copy of the summons and complaint, not the cover sheet. Your US District Court clerk will actually have a Pro Se Manual that will be helpful to you in this matter.
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HI PAUL.I HEARD OF YOU.A FRIEND OF MINE AT OUR AGENCY WE WORK AT,HELP PRO-SE LITIGANT ETC.HER NAME ISXXXXX GUY HERE NAMED PAUL IS REALLY ASTUTE.SO HI THERE.and yes CPS is highly infamous for removing from GOOD dads,innocent,and hard working loving mothers across-states.yes.and to encompass (i feel should be file,as lawyer we work for in diff state,but he has proof that)1. Dr. report fully establish Paul, the father___________, was not a sexual offender,it says,and how he do not meet such criteria for such,2. CPS worker___________-in Colorado KNEW! of such report but yet held from the court for 4 months?(Until mother located documented in sept.2010)do this support such claim,as i am told it do from boss,and my ownresearch?lastly:Child is speaking to mom now that she is free,and adage howCPS was always telling her as "foster dad"and step foster mom howthe child is"better off"and how her mother do not"want her no more"etc. just so sad.so they are suing everyone,but again can the dr.documentation clearing father help in any way with this lawsuit?thank you paul!farrah.
also one more thing for your review of my question paul is this relevantfact(i have read the police report indicative of the fact the REAL child abuser,is a man near the home for which was a known sex-offender,turn out himself,was the culprit,who DID indeed harm the then almost 17 y.o. teen girl."she wrote it in a diary!"she kept and was then turned overby the PARENTS falsely accuse,and "still"dad was not clear of such abusethey"still have dad on record as hurting her"on the state registry forsexual abuser,yet re-iterating here Paul,she name the real culprit in a diary,who police did arrest,and turn out he CONCEDE! to actually harming her.
Yes, I know Heather and she comes here all of the time and she is a very nice person and I actually would have suggested http://www.bellaslaw.com if you needed assistance.The proof that there was a report clearing the person and CPS either ignored it like they are known to do or intentionally misrepresented it which they are also known for doing, this is grounds of course for the civil rights claim in addition to the Negligence and malicious prosecution claim and also now for defamation for keeping dad on their registry as being an abuser.
oh yes that is us lol a four girl advocate team, we say future atty's.thx alot.we are going to get back working with family on the pro-seimplemented file today for colorado,he has to sue pro-se because as u know,no atty.sadly care to file,take the time,but my boss here a atty.himself,saying "HE IS FINE"pro-se because he already is able to paulestablish a prima facie,with information i.e. DR.REPORT clearing his name,and POLICE DEPT."making arrest"against the real sexual abuser."do you agree?and paul i want you to know heather-marie sitting by me adage,inform you that"one of the case that your answer"involving last year about the mom RE-FILE of her suit)(after one was toss out due to S.O.L)the statute of limitation expire on one way back from 04 and she file way too late after case was"close" 08 etc. your telling her how she is able, the mother go get back into nj court and file a NEW CLAIM based on"the child now of age"for almost a year and 5 months now,Hence,mother was in nj,"failure to properly advise her child was in a mental ward/hospital"when she could've been and SHOULD'VE been return home to avoid suchhospitalization/injury Paul,"failure by NEW JERSEY DYFS"to advise,she was NOT living at the homefor which she was inform falsely in court,etc. violating mother of her due process,right to know etc.well great news!FED.CT.agree,"on the state 1st attempt at MOTION TO DISMISS"fed.ctsay NOPE.the claim is NEW,and timely file etc. and heather just want me to tellyou this,and now that case IS moving forward, all PRO-SE !
From what you have described he should be able to establish negligence and potentially even gross negligence on the agency for ignoring the reports exonerating him. Great to hear that Heather's case is moving forward, DCF gets away with too much grossly negligent and downright criminal conduct and I hope her NJ client takes them for all she can.
Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
bonus applied,and thank you so much,she will log in later she say thruweekend to ask YOU specifically a few question(s)new case she has and i know the family again is not rich can't afford a high price astute atty.so we are just very happy to see mor attempting to sue pro-se,and life is too short not to try,so thank you,yes the family case is moving forward,and thank you again paul from Farrah.BellasLawStudents.orgwww.bellaslaw.comNation 1st center for pro-se self-help service/empowerment/assistanceeducation etc. resource center,for the truly INNOCENT,involving CPSinequities....
Thank you. I will be around.
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