Case Workers for CPS Don’t have Absolute Immunity From Prosecution


This case is very important. The reason is that a caseworker was prosecuted for falsifing the records. The Appeals court stated that a caseworker who makes false statements is not immune to prosecution. This puts a whole new light on cases where children have been snatched. Force the casworker to prove beyond a reasonable doubt that you are an abusive parent. Force your attorney to get copies of the file and thecontents in it. I can guarentee that most of the contents are bogus and lies. You have rights exercise them. Force the caseworkers to be held accountable. Make them show you the evidence. Use the case when talking to your attorney. Make them work for you.

http://www.atwoodcs.com/0516976_Immunity_Broken_Federal.pdf

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LORI BELTRAN; ROBERT BELTRAN; ü
COBY BELTRAN, by and through his
Guardian Ad Litem Lori Beltran,
Plaintiffs-Appellants,
v.
SANTA CLARA COUNTY; MELISSA No. 05-16976
SUAREZ, individually and as an ý D.C. No. employee of the County of Santa CV-03-03767-RMW
Clara; JENNIFER HUBBS, OPINION individually and as an employee
of the County of Santa Clara;
EMILY TJHIN, individually and as
an employee of the County of
Santa Clara,
Defendants-Appellees. þ
Appeal from the United States District Court
for the Northern District of California
Ronald M. Whyte, District Judge, Presiding
Argued and Submitted
December 12, 2007—Pasadena, California
Filed January 24, 2008
Before: Alex Kozinski, Chief Judge, Stephen Reinhardt,
Andrew J. Kleinfeld, Michael Daly Hawkins,
Kim McLane Wardlaw, William A. Fletcher,
Ronald M. Gould, Richard A. Paez, Marsha S. Berzon,
Richard R. Clifton and Sandra S. Ikuta, Circuit Judges.
Per Curiam Opinion
1201
Robert R. Powell and Dennis R. Ingols, The Law Offices of
Robert R. Powell, San Jose, California, for the plaintiffsappellants.
Melissa R. Kiniyalocts, Deputy County Counsel, and Ann
Miller-Ravel, County Counsel, Santa Clara County, San Jose,
California, for the defendants-appellees.
OPINION
PER CURIAM:
1. Melissa Suarez, a social worker for Santa Clara County’s
child protective services, investigated whether Lori Beltran
was abusing her son, Coby. After this investigation, Suarez’s
supervisor Emily Tjhin filed a child dependency petition,
which Tjhin signed under penalty of perjury. This petition
included a three-page statement of facts describing the findings
of Suarez’s investigation. Suarez also filed a separate
custody petition, which she signed under penalty of perjury.
The custody petition attached and incorporated by reference
the three-page statement of facts from the dependency petition
The dependency petition was denied, Coby was returned to
his parents, and the Beltrans sued Suarez and Tjhin under 42
U.S.C. § 1983, charging constitutional violations in removing
Coby from the Beltrans’ custody and attempting to place him
under the supervision of the state. Specifically, the Beltrans
claimed that Suarez and Tjhin fabricated much of the information
in the three-page statement of facts. Relying on Doe
v. Lebbos, 348 F.3d 820, 825-26 (9th Cir. 2003), the district
court held that Suarez and Tjhin had absolute immunity for
their actions connected to signing and filing the dependency
and custody petitions—including the alleged fabrication of
evidence and false statements. It therefore dismissed plaintiffs’
claims that were based on the allegedly false petition
statements. The district court eventually granted summary
judgment to the defendants on the remainder of plaintiffs’
claims, but those issues are not before us, as plaintiffs appeal
only the dismissal of claims based on absolute immunity.
[1] 2. Parties to section 1983 suits are generally entitled
only to immunities that existed at common law. Imbler v.
Pachtman, 424 U.S. 409, 417-18 (1976). We have therefore
“granted state actors absolute immunity only for those functions
that were critical to the judicial process itself,” such as
“ ‘initiating a prosecution.’ ” Miller v. Gammie, 335 F.3d 889,
896 (9th Cir. 2003) (en banc) (quoting Imbler, 424 U.S. at
431). It follows that social workers have absolute immunity
when they make “discretionary, quasi-prosecutorial decisions
to institute court dependency proceedings to take custody
away from parents.” Id. at 898. But they are not entitled to
absolute immunity from claims that they fabricated evidence
during an investigation or made false statements in a dependency
petition affidavit that they signed under penalty of perjury,
because such actions aren’t similar to discretionary
decisions about whether to prosecute. A prosecutor doesn’t
have absolute immunity if he fabricates evidence during a
preliminary investigation, before he could properly claim to
be acting as an advocate, see Buckley v. Fitzsimmons, 509
U.S. 259, 275 (1993), or makes false statements in a sworn
affidavit in support of an application for an arrest warrant, see
Kalina v. Fletcher, 522 U.S. 118, 129-30 (1997). Furthermore,
as prosecutors and others investigating criminal matters
have no absolute immunity for their investigatory conduct, a
fortiori, social workers conducting investigations have no
such immunity. See id. at 126.
[2] The district court’s error is perfectly understandable, as
it relied on our incorrect ruling in Doe v. Lebbos, which we
overrule today. We reverse the district court’s ruling that
defendants are entitled to absolute immunity and remand for
further proceedings consistent with this opinion.
REVERSED AND REMANDED.

About yvonnemason

Background:  The eldest of five children, Yvonne was born May 17, 1951 in Atlanta, Georgia. Raised in East Point, Georgia, she moved to Jackson County, Ga. until 2006 then moved to Port St. Lucie, Florida where she currently makes her home.  Licensed bounty hunter for the state of Georgia. Education:  After a 34 year absence, returned to college in 2004. Graduated with honors in Criminal Justice with an Associate’s degree from Lanier Technical College in 2006. Awards:  Nominated for the prestigious GOAL award in 2005 which encompasses all of the technical colleges. This award is based not only on excellence in academics but also leadership, positive attitude and the willingness to excel in one’s major. Affiliations:  Beta Sigma Phi Sorority  Member of The Florida Writer’s Association – Group Leader for St Lucie County The Dream:  Since learning to write at the age of five, Yvonne has wanted to be an author. She wrote her first novel Stan’s Story beginning in 1974 and completed it in 2006. Publication seemed impossible as rejections grew to 10 years. Determined, she continued adding to the story until her dream came true in 2006. The Inspiration:  Yvonne’s brother Stan has been her inspiration and hero in every facet of her life. He was stricken with Encephalitis at the tender age of nine months. He has defied every roadblock placed in his way and has been the driving force in every one of her accomplishments. He is the one who taught her never to give up The Author: Yvonne is currently the author of several novels, including:  Stan’s Story- the true story of her brother’s accomplishments, it has been compared to the style of Capote, and is currently being rewritten with new information for re-release.  Tangled Minds - a riveting story about a young girl’s bad decision and how it taints everyone’s life around her yet still manages to show that hope is always possible. This novel has been compared to the writing of Steinbeck and is currently being written as a screenplay. This novel will be re-released by Kerlak Publishing in 2009  Brilliant Insanity – released by Kerlak Publishing October 2008  Silent Scream – Released by Lulu.com October 2008- Slated to be made into a movie Yvonne’s Philosophy in Life - “Pay it Forward”: “In this life we all have been helped by others to attain our dreams and goals. We cannot pay it back but what we can do is ‘pay it forward’. It is a simple
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6 Responses to Case Workers for CPS Don’t have Absolute Immunity From Prosecution

  1. Pingback: Finding an Attorney You Can Trust » Blog Archive » I have a bad DA. What to do?

  2. retired says:

    This is true, I was a CPS worker for one year and got out of it for various reasons.
    However, I have always been in favor of this nation being a nation of free people. Hey you can tell me to wear a motorcycle helmet if you want, so what, but when you start telling people how to run their home and raise their children, you are on hallowed ground and better have a darn good reason for interfering. I constantly saw
    DFCS overstepping its bounds and doing things to intimidate people into thinking they have more power than they do. Fact is DFCS has no real power, only a court of law has the power to remove a child and there is no reason I am unaware that you can not ask to read your own file to verify everything in it (with a witness) if they refuse, get a lawyer. If there has been an action taken you do not agree with ask the case worker to show you in their book of procedures (and it is thick) what procedures did they use to justify their actions. Wars over seas, are not about American freedom, we are losing our freedom from the bureaucratic agencies who are allowed to make up their own rules as they see fit with no legal review until someone challenges that rule in court. Contact the ACLU if you think you have been taken advantage of.

    Like

  3. Meda Raleigh says:

    You made some nice points there. I looked on the internet for the topic and found most people will go along with with your site.

    Like

  4. mutuelle says:

    Your place is valueble for me. Thanks!…

    Like

  5. Joe says:

    Good for the Beltran family. Similar lawsuits should be filed in Sacramento Family Court. One attorney in particular, Stephanie Bamberger a corrupt family destroyer, coaches mothers to lie on fathers. Because of her connections and influence with the courts, mediators, and judges, they wink and nod at her lies, and make corrupt decisions, without checking out Stephanie Bamberger.

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  6. Laura says:

    Mar. 10, 2011 Thurs. I wasnt in the Home, of a small Medically Fragile Child I caregive. A CPS Investigator arrives(shed came out 13 days, prior to this visit). I have yet to Speak with Her, due to Past History with the Worker, a LIAR! She spoke with the Parent & Boyfriend, the 2 Kids, STILL wanted ME! I was at My Home, she knew, Refused to visit there. I am an APPROVED by CPS, caregiver to the Kids, Background Check, etc. An Anonymous Tip brought CPS to this home, Again! Im pleading the 4th, 5th, 14th when CPS decides to Interrogate Me!

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