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What kind of attorney do I need to sue CPS?

Wake Forest, NC |

I want to sue Child Protective Services for constitutional/civil rights violations. I believe the kind of lawsuit necessary is a 1983 one. I know other parents have successfully sued them for similar reasons and won. Do I need a constitutional attorney? A civil rights attorney? A civil litigation attorney? I know it's possible to sue them, but there seems to be a severe shortage of attorneys willing to take on this type of case. If you know what kind of attorney I need, or if you're willing to give me a free consultation to judge the merits of my case, please let me know. Thanks.

What kind of attorney would I need, though? My kids haven't been removed (at least not yet), but they are trying to force entry without an emergency or probable cause. They are relying on a local statute that gives them entry in ALL cases, no matter the allegations. I happen to have been a CPS reform advocate for many years and have seen similar statutes ruled unconstitutional. That's just one aspect of the case. If an attorney wants more details, I can share privately. I understand that attorneys need to pay their bills too, but on the other hand it's a shame that hardly anybody is willing to take on CPS. The system will remain broken until they're regularly held accountable. But yes, I do understand why attorneys tend to shy away from these cases...I'm just hoping to find one who is passionate, idealistic and determined. Someone has to be out there who will help.

Attorney Answers 1


  1. Yes, probably under 42 USC sec 1983. You will not easily find an attorney, because attorneys need to feed their families and pay their mortgages like anyone else. Unless the case is won they will have invested a great amount of time with no payback.

    In general, the complaint would need to allege soemthing that anyone--not just you--would think is completely outrageous, and for which there is documentary proof, not just your word, and finally that there is some damage to you or your kids that can be compensated with money.

    And of course their needs to be a constitutional violation by CPS. That would likely be taking some kids away with no hearing before or after the taking. Simply that you think you are capable of taking care of your kids and they do not will not be enough.

    Your best bet is to try to get ACLU to take your case. I will place a link.

    Licensed in Maryland with offices in Maryland and Oregon. Information here is general, does not create a lawyer-client relationship, and is not a substitute for consulting with an experienced attorney on the specifics of your situation.

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