Sue CPS in Federal Court

If Child Protective Services (CPS) has violated your constitutional rights — you CAN sue them in federal court. The most common way is by filing a civil rights lawsuit under 42 U.S. Code § 1983.

⚖️ What Is a 1983 Lawsuit?

42 U.S.C. § 1983 allows you to sue state or local government workers (like DSS or CPS agents) who violate your federally protected rights — like the right to due process, family integrity, or to be free from unlawful searches and seizures.

🧾 Common CPS Violations

• Removing your child without a court order or emergency
• Entering your home without a warrant or consent
• Coercing statements or threatening loss of custody without cause
• Ignoring evidence or denying hearings

📋 What You’ll Need to File

1. A written complaint (civil cover sheet + statement of facts)
2. The name(s) of the CPS agents involved
3. Specific dates and rights violated
4. A request for relief (money damages, injunctive relief, etc.)
5. Filing fee ($400+ or file to waive with form IFP)

📥 Coming Soon:

• Section 1983 Complaint Template
• Motion to Proceed In Forma Pauperis (waive filing fee)
• How to serve federal defendants

🚨 Time Limits

These lawsuits are subject to a statute of limitations — often 2 years from the date of the violation. Don’t wait too long.

🧠 Ask Sage

Want help writing your federal complaint or figuring out which rights were violated? Ask Sage to help you draft it step by step.