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A friend of mine took my son to walmart on black Friday of 2010. I have to mention that I had a cps case open at the time and

Las Vegas, NV |
Filed under: Personal injury

my mother had custody of my kids. my friend is a close friend and is considered Fictive kin to my son. Cps had allowed him to babysit the kids while my mother worked on this black Friday they {are shopping for x mas gifts. While looking at some bikes my son wandered off and was found by a walmart employee and taken to the security office. My friend was looking for him through out the store and when he had gone a few isles down from where he had last seen him he approached an employee. He was told that they had my son in the security office. the police was called and he was charged with child neglect. He had mentioned something about cps to them and then cps was called. he says it was racially motivated because he is white and my son is black. the cop was black. does he have a civilsuit

Attorney Answers 5


  1. Probably not. There are statute of limitations, and more than 2 years have now gone by. Witnesses are gone, evidence is gone, and the time limit may also have passed. If he would going to look into a civil claim, he needed to do so right away, and should have done so as part of the defense to the child neglect charge. As this has nothing to do with child custody or family law matters, I have modified your practice areas so you may perhaps get better responses from civil rights attorneys.

    Responses are for general information purposes only, and are based on the extremely limited facts given. A consultation with an attorney experienced in the area of law(s) indicated in the question is highly recommended. Information and advice given here should not be relied upon for any final action or decision, as the information is limited by its nature to the question asked and the fact(s) presented in that question. THIS RESPONSE DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP, particularly considering that the names of the parties are unknown.


  2. I agree with Attorney Jill. Most jurisdictions set time limits to bring civil actions. It is now nearly halfway through 2013. Certainly the claim will time barred.

    <<DISCLAIMER>> Information provided in this response is intended to be informational or educational only. It in no way establishes an attorney-client relationship. Because every case is factually (and in some instances jurisdictionally) dependent, it is not possible to accurately answer each question posed. If you have sincere legal concerns, it is highly recommended that you seek legal counsel IN YOUR AREA. A response is not intended to create, nor does it create, a continuing duty to respond. Also, Ms. Eskinde is licensed in Louisiana, so if you require immediate assistance, then you need to contact someone who is in your state, if outside of Louisiana.


  3. Timing or not, I don't see any practical type of civil lawsuit here.

    Clark County, Nevada practitioner.


  4. Unlikely, but call one of the lawyers above to discuss in detail.


  5. Wal-Mart breached no duty here. They were actually being extra careful by watching a child closely that wandered off. You have no way of proving that it was racially motivated. Plus, if your friend took a plea bargain in the child neglect case, any claim would be dead in the water.

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