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  • Find out who the director of your entire state CPS administration is and name that person in your lawsuit.
  • As long as you pay the $400 filing fee to the federal court clerk your case should be given a chance no matter how stupid you sound so pay the fee.
  • Wait for the summons to be mailed to you before you serve the officials.
  • You can also mail a service waiver to the state officials so they can waive service.
  • The attorneys for CPS (attorney general) will assume you are suing to get your kid back, so they will try and push court dates out super far, so what let them. Show them you mean business.
  • Never tell them anything if they ask are you suing them act like you don’t know what they are talking about.
  • They will retaliate this could come in the form of anything, basically your social worker knows they are fired after that, but what’s the difference they are doing nothing anyway right?
  • Depending on what you are suing for they may take the social worker completely off your case.
  • They the attorney general who defends CPS will reply to your lawsuit with answer. Generally you have 3 days to reply to their answer. Always try to reply to each answer specifically within 3 days.
  • If you sued your family court judge then the judge will have to hire their own attorney, and it will not be the attorney general of your state.
  • They will always move to dismiss of course in your reply state why this would be wrong. Get used to them sneaking “Please dismiss this” in everything they file.
  • They will say they can not give you legal advice and try and scare you into hiring an attorney. Un-needed. CPS attorney will want to speak with you regularly, this is okay, be nice.
  • The attorneys on the other side will not always be nice, just remember name all of your evidence by file name in your lawsuit so they can’t try to throw it out later! If they do, it is in your original complaint so you should be good.
  • The courts will then order that the Attorney General (defends CPS) come to a settlement or agreement and fast with the Plaintiff (you.)
  • The Attorney General will contact you regarding discovery and initial disclosure.
  • Whatever evidence you have you want to list it in your actual lawsuit like name it, otherwise the AG will try and throw it out.
  • The AG will investigate your claims so give them all the proof you have in the initial disclosure do not file this document just send it to the AG when the judge orders you to.
  • Give everything you have to the AG be nice and remember not to refer to your open case documents that they cant verify since its sealed.
  • Only refer to evidence you have of their actions outside of your case for example audio, video, prior harassment proof. etc.
  • We recommend not suing if they have abused your children, because judges do not like it when parents do this unless your child is dead and can’t be humiliated by it.
  • Remember CPS lightly abuses children deliberately to get a reaction from you and keep the case open longer.
  • Make Google Search your best friend and search under images always add “pdf” to the end of your search terms. For example “How to win a section 1983 lawsuit? pdf” search under images.
  • Against state officials which social workers are you must always include “section 1983” the “Non-prisoner” complaint form! They are bullet proof but not if you do it right.