Skip to main content

Have my civil or constitutional rights been violated can I sue ?

Aberdeen, WA |

took some of my pills to sleep a friend called 911 was taken to hospital 72 hr hold in the ER no heat no call lite locked in behind glass doors i am female and a male mental patient don't know his reason for hold was basically locked in with me as no door separated him from me day or night. CPS took my kids for neglect and abuse cps later recanted and said charges were unfounded i have this statement. I still don't have my kids back , ive been subjected to two mental evaluations passed both and now cps is requesting another physic evaluation. I am not nor have i been sucidal just exhausted and needed some sleep.

+ Read More

Attorney answers 3


No way to tell, many facts missing from your post that an attorney would need to know.

Contact an attorney in your area immediately.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.


Apparently you took too many pills and couldn't be aroused from you sleep. An attorney would have to look at the facts as the people who dealt with you saw them. While the truth is that you weren't trying to commit suicide, it seems like the evidence in their eyes made it seem that you did try to commit suicide. Thus, steps were taken to make sure that you didn't commit suicide and wouldn't commit suicide if released. As far as your children, Unless there was another parent or relative available to care for them while you were in the hospital, CPS didn't really have a choice but to provide care. I not sure why you don't have your kids back. It seems unlikely that you could successfully sue for a violation of your civil rights on the facts that you give, but the only way for you to truly know is to talk to a civil rights lawyer in your area and give him all of the facts.


Only an attorney who knows all of the facts and circumstances can answer this question. There are many more sides to this story than yours.

R. Jason de Groot, Esq.,