1. You can not sue a state agency or government agency under section 1983 you can only sue a person, human being, state official in their individual capacity.
  2. It is highly recommended that you not sue if you do not have repeat injury.
  3. The Adoption and Safe Families Act of 1997 has a policy that requires judicial determination so many times they will refuse voluntary placement.
  4. Add this to the top right corner of the page in the complaint: 42 U.S. Code § 1985.Conspiracy to interfere with civil rights
  5. Add this under jurisdiction: 28 U.S. Code § 1343.Civil rights and elective franchise
  6. Every Defendant you name must have directly violated each right listed, if you can prove supervisory violations simply by alleging the violations in the complaint.
  7. You do not have to see or hear the supervisor direct the social worker, simply by stating that is their boss and who they took orders from it is not required that you prove it, just make sure and write it out in your complaint.
  8. Do not just write the state officials name without specifically identifying what that person did wrong in your complaint.
  9. If you can prove they were acting in accordance with an unlawful custom policy they had in place then you may also add “Official” capacity sue them in both capacity.
  10. Official will otherwise be barred by the eleventh amendment unless you can prove they were violating an unwritten policy they had.
  11. In order to collect monetary damages a tort must have been filed with your states attorney general.
  12. Only mark individual capacity and supervisor and social worker only.
  13. This can not be a “mistake” they made, it must be proven “intentional” and “deliberate.”
  14. Remove their immunity find out if they have a masters in social work college degree or criminal record.
  15. Write out which amendment they violated and how each one violated those rights. Usually 4th and 14th amendment, and due process.
  16. PAYING THE FEE IS VITAL  but if you absolutely can not then write your complaint by hand to show you sincerely have $0.
  17. Submit this online or via postal mail.
  18. CLICK HERE for a fee waiver form.

We are not suing social workers, we are suing child abusers.