Here's a case law I learned about today that many of you will find useful! If you feel your right to equal protection has been violated this one will help. If you been treated indifferently by a court. For example in a juvenile dependency case harsher restrictions have being placed upon a person such as forcing a person to pass 5 clean drug screens before permitting any contact or visits with your children although that individual has never harmed their children, never neglected the children ect. Yet a person who has been proven to have harmed their child is given lesser restrictions.
This type of treatment is an example of your equal protections right being violated under the 14th Amendment.
If you've experienced this and can prove it you may very likely have grounds to initiate a 42 USC 1983 claim in court. You also have the option to choose between initiating in state court or federal district
Village of Willowbrook v. Olech, 528 U.S. 562, 120 S. Ct. 1073, 145 L. Ed. 2d 1060 (2000). A plaintiff in a class-of-one equal protection claim does "not allege membership in a class or group" but rather must allege in its complaint: that a defendant intentionally; treated plaintiff differently than others similarly situated; without a rational basis.- in BISON CONTRACTING CO., INC. v. HALIKOWSKI, 2013 allowing Equal Protection claims brought by "class-of-one" where the plaintiff alleged, among other things, that "there is no rational basis for the difference in treatment - in 545 HALSEY LANE PROP., LLC v. Town of Southampton, 2014
I am aware that numerous individuals have made similar claims about their experiences, and I can personally attest to having gone through it as well, with evidence to substantiate my assertions. I strongly believe that a significant portion of my readers who are currently involved in CPS cases or have dealt with them in the past may not have been aware of this information. It is crucial to emphasize the importance of equality in all situations. Discrimination, retaliation, and bias are unequivocally unacceptable and should be always be challenged.
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1 comment:
Thank you. California is harsh. SAN BERNARDINO Juvenile Dependecy Court and Victorvile, CA Barstow,CA CPS, County Attorneys, are intentionally sabotage cases. COMMIT CRIME OF CA PC 278.5 deprived custody then perjury then Terminate rights. APPEAL court corrupttion. Not seen kidd in 2 years some parents more. Who can prosecuted or we need RICO or investigation into this. VIOLATED 14 and 1st kidd right to religion father died year ago and no contact Foster mother hostile and sad and cruel judge favored abusive Foster mother, fake restraining orders lies CPS Victorvile CA needs to be stopped..inhumane cruel activity.
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