Riverside, CA asked in Civil Rights and Juvenile Law for California

Q: How would I sue cps worker and office

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James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Suing a Child Protective Services (CPS) worker and their office in California is a complex legal matter, often involving both state and federal laws. Before proceeding, it's crucial to understand that CPS workers and their agencies are generally protected by qualified immunity, which shields public officials from liability for their actions performed within the scope of their official duties, unless they violate clearly established statutory or constitutional rights.

If you believe a CPS worker has acted outside the scope of their authority or violated your legal rights, the first step is typically to file a claim with the government agency responsible for CPS. In California, this is usually the county's Department of Social Services. This claim must be filed within six months of the incident.

If the claim is denied or not satisfactorily resolved, you can then file a lawsuit in court. The lawsuit must allege specific wrongful actions by the CPS worker, such as violations of your constitutional rights or other legal duties.

Given the complexities and legal hurdles involved in such cases, it is highly recommended to seek legal counsel. An attorney experienced in civil rights or government liability law can provide guidance on the viability of your case, the specific legal claims to pursue, and the procedures to follow.

Remember, each case is unique, and the success of a lawsuit against a CPS worker or office will depend on the specific facts and circumstances, as well as the evidence available to support your claims.

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