QUESTION

I wanna know if I have a case against Arizona state and CPS? CPS took my daughter and I was innocent of all allegations and the case got dismissed.

Asked on Jun 16th, 2012 on Family Law - Arizona
More details to this question:
It was like I was guilty having to be proven innocent. I lost a year of my daughters life that I can''t get back. The case was dismissed.
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1 ANSWER

Laura Monte
It is very hard to sue the State of Arizona and win.  I know that you are extremely upset for having to prove to CPS over the course of a year that you were a fit parent. What CPS was trying to do was protect your child from what they perceived as a threat to your safety. That being said, you could potentially sue the state for violating your rights under 42 U.S.C. § 1983. This would have to be done in federal court.  I would suggest talking to a civil attorney about the process to see if you have a claim. *The answer presented is for informational purposes only and does not create and attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed to practice only in the State of Arizona.  Any answers presented are based solely on Arizona state law and case law.*  
Answered on Jun 18th, 2012 at 1:52 PM

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