21 results for 'cat:"Civil Rights" AND cat:"Family Law"'.
J. Stadtmueller finds that all of the claims in the citizen's pro se lawsuit against the Milwaukee County Clerk of Courts, the Milwaukee County Sheriff, judges and other court officials over his family law case, including those alleging false arrest, abuse of process and First Amendment violations, must be dismissed. All of the currently named defendants are dismissed and replaced with John Doe placeholders, and the citizen is given until May 29, 2024, to file a new amended complaint, or his entire lawsuit will be dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: May 8, 2024, Case #: 2:23cv1361, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Constitution, family Law
J. Wollman finds a lower court properly ordered a child to be returned to Honduras. The child's father argued that he was entitled to move the child to the U.S. to protect her from her abusive mother. However, the mother presented sufficient evidence in court that he was obligated to return her daughter under the Hague Convention on the Civil Aspects of International Child Abduction. Affirmed.
Court: 8th Circuit, Judge: Wollman, Filed On: March 25, 2024, Case #: 22-3048, Categories: civil Rights, family Law
J. Rothstein finds in favor of the social worker against the family's complaint alleging that the state removed the children from the parents' custody by wrongfully representing the parents as violent. The family does not provide any evidence that the social worker was a supervisor or that she personally took any action that deprived them of their rights, so they do not prove that any of her actions led to the neglect or abuse of the children in foster care.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: March 7, 2024, Case #: 2:21cv1263, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, family Law
J. Rothstein denies the Child Protective Services investigator summary judgment on a negligent investigation claim in the family's complaint alleging that the state removed the children from the parents' custody by wrongfully representing the parents as violent. The family claims that the CPS investigator did not meet with the father and did not conduct domestic violence screening. Deciding the reasonability of her investigation is better left for a jury to decide.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: March 4, 2024, Case #: 2:21cv1263, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, family Law, Jury
J. Johnson grants the dismissal motions filed by the guardian ad litem and the licensed therapist in this lawsuit asserting claims for breach of contract, negligence and constitutional violations in connection with a "protracted and contested divorce and child custody action." The individual defendants are entitled to quasi-judicial immunity, and the mother's claims will be dismissed with prejudice.
Court: USDC Northern District of Oklahoma , Judge: Johnson, Filed On: February 29, 2024, Case #: 4:21cv58, NOS: Other Contract - Contract, Categories: civil Rights, family Law, Immunity
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J. Johnson affirms the district court's finding that the five-year-old is in need of protection or services because of his parents' refusal to continue his chemotherapy treatment, along with the court's orders requiring that treatment and placing the child with his grandmother. Regardless of whether the child's leukemia was "active" at time of trial, the child had a cancerous condition that required treatment, and the county provided sufficient grounds for its contention that chemotherapy was "necessary" or "required" care. The district court's orders requiring chemotherapy also do not violate the parents' constitutional rights to care, custody and control of the child, since the best interests of the child are served by "a treatment plan that is likely to save his life rather than an unspecified alternative plan that is likely to result in his death." Placing the child with the grandmother, with whom the parents are also allowed to reside, subject to conditions, is also justified by a statute requiring that children in temporary protective custody be placed "in the least restrictive setting," and "in closest proximity to the child's family as possible." Affirmed.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: February 26, 2024, Case #: A23-1176, Categories: civil Rights, family Law
J. Schmidt reverses the district court's denial of the child's motion for release from a juvenile detention center. The issue of the child's detention is moot, but can be adjudicated under an exception to the mootness doctrine because it is capable of repetition while evading review. Minnesota law also does not authorize counties to hold a nondelinquent child in secure detention facilities for longer than 24 hours, regardless of the county's contention that it is the least restrictive setting that meets the child's health and welfare needs. Reversed.
Court: Minnesota Court Of Appeals, Judge: Schmidt, Filed On: February 26, 2024, Case #: A23-1199, Categories: civil Rights, family Law
J. Brimmer grants the county immunity in a mother's claims contending her child had been removed from her care after she was wrongly accused of engaging in a domestic violence altercation with her wife, a child caseworker, and falsely accused of attempting suicide, because the county had qualified immunity in the case.
Court: USDC Colorado, Judge: Brimmer, Filed On: February 21, 2024, Case #: 1:23cv224, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, family Law, Immunity
J. Brnovich grants the state's motion to dismiss a mother's negligence claims against the department of child services. The department of child services, which has qualified immunity, sufficiently showed in court that the mother failed to properly serve it, and that its investigation into claims that she molested her child did not violate her civil rights.
Court: USDC Arizona, Judge: Brnovich, Filed On: February 5, 2024, Case #: 2:23cv770, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, family Law, Immunity
J. Block dismisses all state and federal claims brought against the New York City Child’s Services Administration, agency officials and city police officers involved in a mother’s wrongful arrest and prosecution on false charges of child abuse or mistreatment following an altercation with a roommate whose minor son exposed his penis to her daughter. Claims against the roommate, however, are allowed to proceed.
Court: USDC Eastern District of New York, Judge: Block, Filed On: November 29, 2023, Case #: 1:23cv1069, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, family Law, Police Misconduct
J. Crotty partially denies the city's motion to dismiss a mother's claims stemming from the alleged sexual abuse her son experienced in foster care homes. The foster care home cannot locate any of the child's mental health treatment records, giving rise to an inference that it did not comply with the requirements of his case plan. The foster care home qualifies as a state actor, and may be sued under the Adoption Assistance and Child Welfare Act.
Court: USDC Southern District of New York, Judge: Crotty, Filed On: October 10, 2023, Case #: 1:21cv4649, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, family Law
J. Holmes recommends that the commissioner’s dismissal motion be granted and that this pro se lawsuit be dismissed in its entirety. The individual plaintiff contends that the Tennessee Department of Human Services has wrongfully attempted “some type of collection proceedings against him for child support payments.” However, he fails to clearly include the factual allegations underlying the suit. He also fails to raise any “viable legal claims for relief that save his lawsuit from dismissal.”
Court: USDC Middle District of Tennessee , Judge: Holmes, Filed On: August 10, 2023, Case #: 3:23cv134, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, civil Rights, family Law