I am sorry to hear about your involvement in that case. You certainly CAN sue the state and DCF but I suspect your question is whether or not you have a chance of succeeding. As you may imagine, that question is not so easy to answer.
I say that you certainly CAN because we are all afforded access to the courts, meaning we can start something going relatively easily. However, keeping it going and prevailing is an entirely different matter. So, it is important for a potential client, through the potential attorney, to adequately investigate a case before filing any papers in court.
Cases like these can be handled two ways: (1) you can pay an attorney to sue by the hour or through some other up-front or retainer fee arrangement, or;
(2) by contingency fee.
A case by contingency fee means the lawyer absorbs all the costs of the litigation and then expects a share of any award in return. It's a way for people to have access to courts without having a lot of money up-front. When an attorney takes a contingency fee case, he or she must determine whether or not that will likely be a good business decision - whether or not money will be made.
Consult with a good civil rights attorney about taking your case on a contingency fee basis. If the attorney declines the case, see another. If several decline, then you can assume the lawyers truly think you do not have a good case. Please feel free to contact my office for a free consult and to discuss the case in more detail. Good luck going forward.
The above is provided for educational purposes only and is not legal advice nor makes you a client of the Mosca Law Firm, PA. Please consult with a lawyer in order to obtain confidential legal advice that is tailored to your specific situation and facts.