Sec. 1983. - Civil action for deprivation of rights
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress...
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress...
Permanent termination of parental rights has been described as “the family law equivalent of the death
penalty in a criminal case.” Therefore, parents “must be afforded every procedural and substantive protection the law allows.” Smith (1991), 77 Ohio App.3d 1, 16, 601 N.E.2d 45, 54.
“There is no system ever devised by mankind that is guaranteed to rip husband and wife or father, mother and child apart so bitterly than our present Family Court System.”
Judge Brian Lindsay
Retired Supreme Court Judge
New York, New York
“There is something bad happening to our children in family courts today that is causing them more harm than drugs, more harm than crime and even more harm than child molestation.”
Judge Watson L. White
Superior Court Judge
Cobb County, Georgia
SURREPTITIOUSLY DRUG TESTING OF PREGNANT WOMEN FOR THE
ALLEDGED BENEFIT OF THEIR FETUSES ARE NOT ONLY MISGUIDED
AS A MATTER OF POLICY, THEY ARE UNLAWFUL.
Ferguson v. City of Charleston: Social and Legal Contexts (11/1/2000)
Policing Pregnancy:
Ferguson v. City of Charleston
OCS did this when our daughter was pregnant with her last child.
Social workers (and other government employees) may be sued for deprivation of civil rights
under 42 U.S.C. § 1983 if they are named in their ‘official and individual capacity’. Hafer v. Melo, (S.Ct.
1991)
SURREPTITIOUSLY DRUG TESTING OF PREGNANT WOMEN FOR THE
ALLEDGED BENEFIT OF THEIR FETUSES ARE NOT ONLY MISGUIDED
AS A MATTER OF POLICY, THEY ARE UNLAWFUL.
Ferguson v. City of Charleston: Social and Legal Contexts (11/1/2000)
Policing Pregnancy:
Ferguson v. City of Charleston
OCS did this when our daughter was pregnant with her last child.
Social workers (and other government employees) may be sued for deprivation of civil rights
under 42 U.S.C. § 1983 if they are named in their ‘official and individual capacity’. Hafer v. Melo, (S.Ct.
1991)
Social workers were not entitled to absolute immunity for pleadings filed to obtain a pick-up,order for temporary custody prior to formal petition being filed. Social workers were not entitled to absolute immunity where department policy was for social workers to report findings of neglect or abuse to other authorities for further investigation or initiation of court proceedings. Social workers investigating claims of child abuse are entitled only to qualified immunity. Assisting in the use of information known to be false to further an investigation is not subject to absolute immunity. Social workers are not entitled to qualified immunity on claims they deceived judicial officers in obtaining a custody order or deliberately or recklessly incorporated known falsehoods into their reports, criminal complaints and applications. Use of information known to be false is not reasonable, and acts of deliberate falsity or reckless disregard of the truth are not entitled to qualified immunity. No qualified immunity is available for incorporating allegations into the report or application where official had no
reasonable basis to assume the allegations were true at the time the document was prepared. Snell v. Tunnel, (10 Cir. 1990)
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