Stolen Kids Fighting Back and Winning

The STOLEN KIDS are fighting back and they are WINNING! California 01/03/2017: ” “The panel affirmed the district court’s denial, on summary judgment, of absolute and qualified immunity to social workers who plaintiff alleged maliciously used perjured testimony and fabricated evidence to secure plaintiff’s removal from her mother, and that this abuse of state power violated her Fourth and Fourteenth Amendment constitutional rights to her familial relationship with her mother. The panel held that the social workers were not entitled to absolute immunity from claims that they maliciously used perjured testimony and fabricated evidence to secure plaintiff’s removal. The panel held that plaintiff’s complaint targeted conduct well outside of the social workers’ legitimate role as quasi-prosecutorial advocates in presenting the case. The panel held that defendants’ case for qualified immunity was not supported by the law or the record. The panel determined that plaintiff produced more than sufficient admissible evidence to create a genuine dispute as to whether her removal from her mother’s custody violated her constitutional rights. The panel further stated that it could not conceive of circumstances in which social workers would not know and understand that they could not use criminal behavior in any court setting to interfere with a person’s fundamental constitutional liberty interest.” – Preslie Hardwick v. County of Orange

http://cdn.ca9.uscourts.gov/datastore/opinions/2017/01/03/15-55563.pdf

 

 

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