Q: What actions can I take to file a lawsuit against law enforcement
Yesterday , Police officers and a young man came to my door asking for my sister to give up her baby and follow the rules of her court order. She had every right to refuse and then they left. About a hour later they showed back up at our home, unlocked our door , and once we opened it barged in our home because they claimed they had the right paper to do so. They didn’t , the young man that brought the paper gave them an old court order. But , they still came into our home , allowed him in our home, and forced my sister to give up her baby.
A:
Sounds like this young man is a CPS worker with a removal order signed by a judge. I would hope that the police verified that before assisting. Just because the order may be "old" doesn't mean it's not valid.
To answer your specific question, you likely won't have a successful lawsuit against the police. For one, if the police were reasonably acting under color of law (e.g. believing the court order allowed for their action), they will likely have governmental immunity. Second, it's your sister that may actually have the claim since it was her and her baby they were after; you just happened to be there. Last, whenever you think about suing the police, or any government entity, you better make sure you're right from jump. Your sister needs to get a lawyer and figure out what's going, because with the child removed, it sounds like she has bigger fish to fry immediately before proceeding to a lawsuit, which would not in itself bring the child back anyway.
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