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Q: Procedures to sue State agency ( No Answer,   3 Comments )
Subject: Procedures to sue State agency
Category: Relationships and Society > Law
Asked by: mrdacmalma-ga
List Price: $200.00
Posted: 25 Jul 2004 11:56 PDT
Expires: 24 Aug 2004 11:56 PDT
Question ID: 378852
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 pafalafa-ga on 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
you're facing.

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 mrdacmalma-ga on 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 mrdacmalma-ga on 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?
There is no answer at this time.

Subject: Re: Procedures to sue State agency
From: brook248-ga on 26 Jul 2004 16:53 PDT
I will be eager to read your progress in this matter. Under KY law
subsequent children and marriages are also not taken into
consideration when assessing child support settlements or amendments.
The only considerations are the incomes of both biological/legal
parents and previous children and court orders.
Subject: Re: Procedures to sue State agency
From: mrdacmalma-ga on 26 Jul 2004 19:41 PDT
From what I have been reading, this is a fundemental violation of the
equal protection clause, and grants to the "First Family" a greater
share of the income of the NCP than if all children and new spouse
were taken into consideration.  And the really frightening thing is,
so far, all appeals and writs have been summarily denied.  That is why
I am making a documentary on the subject, and am working on framing a
class action suit as the basis of it.  That's what the information is
for, but it has to be In Pro Per, as the lawyers MUST play by the
rules of the court, not the rules of the land (ie the Constitution)
and therefore, are going to lose.
Subject: Re: Procedures to sue State agency
From: nenna-ga on 11 Aug 2004 11:48 PDT
Being that is such an involved situation with so many variables, I
strongly reccomend just speaking with a lawyer in your area.


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