I need to know the exact procedure to sue the Department of Child
Support Services for discrimination. What court (fed or state, I
assume fed), what are they legally "exempt" from, what is the extent
of their authority, and any case law that has to do with what they
have already been sued for and lost.
The issue is the foundation of "best interest of the child" and not
offering equal protection for the children from subsequent marriages.
This would be In Pro Per, so I need to know what steps to take, or a
reference to a website that explains exactly what steps are involved.
The location is San Francisco, California.
Tip based on speed of answer.
Request for Question Clarification by
25 Jul 2004 12:53 PDT
As it says right at the bottom of the page here:
"Answers and comments provided on Google Answers are general
information, and are not intended to substitute for informed
There is a real limit to what we can do for you when you are asking
for detailed legal advice.
From what I can see, there is no restriction on bringing suit against
city or county agencies in California, and there are, in fact, a fair
number of suits filed on a variety of topics and complaints.
As for bringing federal suit on charges of discrimination -
discrimination on what grounds? Racial discrimination? Gender bias?
Discrimination against the handicapped?
Federal discrimination laws are fairly precisely defined, in terms of
the types of discrimination that are actionable. Not every type of
"discrimination" as the word is used in casual conversation can be the
legitimate basis of a federal suit.
The best thing we can probably do for you is to refer you to legal
experts in your area who have the background to evaluate the situation
you're in, and can outline the options available to you to move
forward with legal action.
It's up to you. If you want an answer that refers you to appropriate
specialists, then let us know in more detail what sort of situation
If you still want the "exact procedure" on how to proceed on your own,
I would be very surprised if any of the Google Answer researchers
would be able to assist you.
Let us know how you would like us to proceed.
Clarification of Question by
25 Jul 2004 17:35 PDT
In civil court, you file a verified complaint with the County Superior
Court, the defendants have 30 days to answer, or you win on default.
Is the process the same for Federal Court, and is there a site that
explains in detail the procedures or local rules that apply?
My question is, in order to sue the Department of Child Support
Services, I need to know where to find out what they are "exempt"
from. For example, they do not have to follow the standards of the
Fair Credit Reporting Act because they are specifically exempt (and so
can post whatever they want with no documentation or verification).
So what I want to know is, is there a way to find out everything they
are exempt from, and also what is the breadth of their authority and
how was that power transferred to them?
The discrimination I am speaking about is discriminating against
second families, or NOT taking into consideration the "best interest
of the child" when that child is the child of the second marriage. I
am looking for information as to what the BIC test is, how it is
applied, and by what authority the BIC test used instead of judicial
I don't need to be referred to local counsel, but I do need to know
where to look this up, or if no one can answer, perhaps you can give
me some search terms or point me in the right direction to look.
Clarification of Question by
11 Aug 2004 16:32 PDT
By seeking legal advice, it kind of defeats the purpose of our
Constitution that any man, learned or unlearned, may petition the
goverment for redress of grievances. What I would like to know is
what other cases involve an individual suing a state agency and what
process, court, jurisdiction did they use that was successful.
I guess that would not constitute legal advice. Right?