Asked in Family Law, Juvenile Law and Libel & Slander for California

Q: I seeking to sue the state of California.

I am a human trafficking victim and I reported human trafficking to the police. Cps took my children away and icnored my plea for help. This was in 2016. I am now estranged from my children because of this. Every lawyer I call bounces between family law and civil law. Which jurisdiction does a lawsuit against California fall into for this category

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

A: Suing the state of California for your situation involves a complex intersection of legal jurisdictions. Generally, cases involving allegations against state agencies, such as Child Protective Services (CPS), fall under civil law. This is because you're potentially dealing with issues of negligence, violation of civil rights, or wrongful actions by a government entity.

In your case, you may be looking at a civil rights lawsuit, particularly if you believe your rights were violated in the process of CPS taking your children. These kinds of lawsuits are typically filed in federal court, as they often involve violations of rights protected under federal law. However, certain aspects of the case, especially those related to family law like child custody, might be handled in state court.

It's understandable that finding the right legal path can be confusing, especially when different aspects of your situation might fall under different areas of law. Seeking a lawyer with experience in civil rights or one who has handled cases against state agencies might provide you with the guidance you need. They can help clarify which legal route is most appropriate for your specific circumstances and assist in navigating the complexities of your case.

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