The 1983 Civil Rights Action was originally enacted by Congress as part of the KKK Act of 1871. The initial purpose was to protect the constitutional rights of racial minorities in the Reconstruction South. Even though it was written broadly enough to create a federal cause of action for anyone whose rights have been violated under the 14th amendment. The 14th amendment includes most of the first 10 amendments under the US Constitution and those provisions are applicable against the States and state officials including Child Protection Services and their caseworkers.
A 1983 Action is one of the most effective means of bringing suit in Federal Court against State officials who have violated Constitutional Rights such as the right of free speech, freedom of religion, to be free from unreasonable searches and seizure and to just compensation for takings of private property. Case workers in child protection services violate the 1st,4th,6th, 13th, and 14th Amendment rights when they snatch children.
Section 1983 relief is supplementary to any state remedy that may exist for violation of your rights by state officials. For instance in Georgia the statues claim that the hearing for child protective cases are closed, that the defense is not allowed to cross examine, that hersay is allowed, that due process is not followed, that the accused i.e. the parent is not allowed to face their accuser, and that the burden of proof is on the parent to prove they are not guilty, and that the parent is not allowed to talk about the case or name names is grounds for relief under the 1983 relief act.
Now the parents who are abused by Child Protective Services are for the most part poor and uneducated. So they don’t have the money to hire a high prices attorney to take their case to the Federal Level. Well that is also taken care of in the Section 1983 action. There is an allowance in the section that makes the defendant pick up the tab. That was added so that the poor could take advantage of the Federal Court System.
This action needs to be on every parents mind when CPS comes knocking at your door. You have the right to make them leave and come back with a warrant not just a pick up order from the court. You have the right to freedom of speech to say anything you want to about your case, to name names and to post it anywhere. You also have the right to due process, to face your accuser and to cross examine and to have access to the evidence against you. It is up to the state to prove you guilty not the other way around.