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Violation of my 4th and 14th amendment rights

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mommy3125

Junior Member
What is the name of your state (only U.S. law)? CA.
I would like to know what the penalty is for a social worker and a cop who, without my consent, a warrant or exigent circumstances, axed down my door, entered my home and removed my child from my care and custody, based on an anonymous phone report of abuse.

I would like to hold those who violated my civil rights accountable.
I believe my attorney fees are covered if I win? Does that mean I will need an attorney to take my case on a continagency basis?
Would there be monitary damages, punitive damages or jail time?
Thank you
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? CA.
I would like to know what the penalty is for a social worker and a cop who, without my consent, a warrant or exigent circumstances, axed down my door, entered my home and removed my child from my care and custody, based on an anonymous phone report of abuse.

I would like to hold those who violated my civil rights accountable.
I believe my attorney fees are covered if I win? Does that mean I will need an attorney to take my case on a continagency basis?
Would there be monitary damages, punitive damages or jail time?
Thank you
Is your child back in your care?

I have to admit, axing down a door is pretty out there...the anonymous phone tip had to have been one where it appeared that the child was being seriously abused right at that moment.
 

Silverplum

Senior Member
What is the name of your state (only U.S. law)? CA.
I would like to know what the penalty is for a social worker and a cop who, without my consent, a warrant or exigent circumstances, axed down my door, entered my home and removed my child from my care and custody, based on an anonymous phone report of abuse.

I would like to hold those who violated my civil rights accountable.
I believe my attorney fees are covered if I win? Does that mean I will need an attorney to take my case on a continagency basis?
Would there be monitary damages, punitive damages or jail time?
Thank you
So one day, with NO prior warning that you were being investigated, a social worker and a police person AXED your door because you refused to answer it to a police person??

I'm really not buying what you're selling.
 

CdwJava

Senior Member
What is the name of your state (only U.S. law)? CA.
I would like to know what the penalty is for a social worker and a cop who, without my consent, a warrant or exigent circumstances, axed down my door, entered my home and removed my child from my care and custody, based on an anonymous phone report of abuse.
I GUARANTEE that the officer and a social worker did NOT force entry to seize a child solely on an anonymous report of abuse. That did NOT happen.

Consult an attorney experienced in family law and child endangerment issues, and that attorney can seek the relevant reports and evidence and advise you on how to proceed.
 

Ohiogal

Queen Bee
I probably am the biggest and worst cynic of CSB and I don't buy your story. No way. So what REALLY happened?
And yes, I have been a great fighter of CSB in Ohio. I have won many appeals. I am not buying what you are selling.
So try telling the truth. Oh and I have seen HUGE issues with CSB -- enough that I have fought at the Supreme Court of Ohio on behalf of parents.
Again, not buying this.
 

LdiJ

Senior Member
I probably am the biggest and worst cynic of CSB and I don't buy your story. No way. So what REALLY happened?
And yes, I have been a great fighter of CSB in Ohio. I have won many appeals. I am not buying what you are selling.
So try telling the truth. Oh and I have seen HUGE issues with CSB -- enough that I have fought at the Supreme Court of Ohio on behalf of parents.
Again, not buying this.
I am really not buying it either, but I have seen CPS/CSB/DCFS do some remarkably horrible things. I can see somebody convincing a caseworker that the child was going to be dead that day if someone didn't intervene on an emergency basis...and basically going postal about it...but the cops axing down the door without any warning at all...that is a serious stretch.

However, if it really happened I bet it was on the news somewhere.
 

TigerD

Senior Member
I concur and would add that generally cops aren't going to hack a door down with an axe. If they need to gain entry, they have more efficient means than an axe. And they generally send enough people to accomplish the mission quickly.

TD
 

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