FILL OUT COVERSHEET

  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. You can bring a Monell claim however you would need to prove it is a widespread custom policy and you may want to separate that claim from your 1983 claim you want money for.
  2. You can sue a state agency for other reasons but Section 1983 is made for specifically state officials violating the rights of citizens.
  3. Even if your case with CPS is closed leave the kids name out. Refer to them as “child” if needed. If your state case is closed normally they will dismiss and say that you should have appealed within 30 days if you did not agree with their decision.
  4. You can file with an open an active case this will not automatically dismiss the lawsuit, nor will it bar it. Just always only sue under section 1983, in their individual capacity not official. Not the department the social workers by first and last name.
  5. Do not tell the social workers that they have been sued not even the ones you are suing! This will allow the attorney general to investigate while they are still violating your rights. Send a service waiver to the Attorney General of your state only, not the one of your case!
  6. Mark number 440 “Other civil rights complaint” and/or 950 if the attorney general in your case is citing state statutes that you believe they know are violative of your civil rights.
  7. You will be able to amend your complaint, if you make a mistake but 1st, 4th, and 14th amendments will be your standard against CPS always and only under section 1983.
  8. A state official loses immunity when they act this way you have to prove they acted this way intentionally. Documented proof or audio video.
  9. You have the right to strike any state statute that violates your parental rights, you just need to prove nobody in the general public would benefit from this statute.
  10. On this form you do not have to make a separate one for each defendant you can use the same one for all. Mark Federal Question.
  11. Write Section 1983 civil rights violation somewhere in either of the boxes that is the core you want to always document on all forms.
  12. Wait for the clerk to mail the summons back to you before you serve them
  13. Write down the same amount of money you sent to the attorney general in the tort form.
  14. Do not put anyone else as a Plaintiff but yourself, not your child and not your husband, wife, boyfriend, girlfriend. just you the biological parent who lost custody.
  15. Put this form, summons, complaint, fee waiver, fee order, no documented evidence just yet, send all to federal court clerk of your city.