Wednesday, April 15, 2009

Class Action Lawsuit Against WA State for ADA & Section 1983

Both of the families that wrote to me, had problems with ADA violations and their children removed as a result, by Washington State CPS.

Some lawyer needs to get involved, and to my knowledge, there is NO ONE, in the whole state, that does this kind of thing.

My question is also: "How many separate parties are needed to file a class action?" Is it just two? or more than two to qualify?

It seems there is a pattern of discrimination and possibly, involvement by the state to deny or restrict medical coverage to parents who have physical disabilities. In both of the cases I got today, these families state there has never been any real physical or normal "evidence" which could be used against them in the removal of their children. Everything was based on discrimination and hearsay.

The only evidence which was ignored, was medical evidence proving these parents were affected by physical disabilities that put them in a vulnerable position because they were unable to make it out of the poverty bracket and find some shelter outside of state "programs and services" which were used against them.

Their only "crime" and only "risk" was being poor. Poor and disabled, and without, possibly, commensurate education for fighting the state and knowing how to hold their own PDs accountable.

But they are logical people, who are not inately LESS INTELLIGENT. They are disadvantaged by physical disability and poverty alone, and lack of a degree.

No one respects the rights of these families, because the general societal and American mentality is one of capitalism, where it is believed being poor is basically akin to being a sinner and full of flaws.

Other Americans, lawyers, CPS, and society, think that it must be "better" for these children to be in homes where there is higher income or without "challenges" like physical disabilities.

No one really considers the emotional bonds of these families, and their God-given rights, and instead, these families are broken up over the idea that there is something wrong with being poor AND/OR disabled.

The kids are traumatized and abused and neglected, for the first time in their lives, by what the state does to these families, in their hysterical reactions to unfounded complaints, and the inability to conduct legal and proper investigations based on FACT and EVIDENCE.

But the state gets away with it, because no one cares enough to do something about it. They just assume the kids must be okay somewhere else, and think it's not their problem.

It IS your problem, when the whole social and judicial structure and framework is rotten, and the government employees are full of shit. It's a big problem, because that same lack of accountability goes right into fueling the engines of public policy and lobbyists and other groups which continue to make laws and ignore laws, in favor of a plutocracy.

Shame on the lawyers who receive multiple requests for help, from parents like these, who KNOW what is going on and know the system is screwed and has traumatized families, who shuffle their papers and hide them away or recycle the paper into the trash bin. The public never has a way of knowing how great the problem is, unless some reporter makes a story about it, or a good lawyer gets involved to tell the story in litigation.

That is, if he or she isn't first brought to a halt by a Judge that accepts Summary Judgement as a means for disposing of cases before they can be brought before a jury and ever see the light of day.

1 comment:

pinbalwyz said...

I have no idea why nobody has commented on this post. But I'm also involved in this pattern of abuse. I'm helping a disabled woman who has the teen daughter from hell. She has been treated just as you describe. Moreover, I have been attacked by some of the agency players (e.g. Sara Dotson w/Thurston County Family Court) for defending the young mother who is being victimized by this system and those manipulating it.

I haven't posted any details on my own community blog just yet
but I intend to do so when the blizzard of court documents filed in the lawsuits we're in (6 and counting) surrounding just this ONE problem child lightens.

Please visit/message me if you can help assist in overcoming Washington State (and the Social Security's) dismal track record of discrimination against Americans with disabilities.

I've created a link to this blog on mine listed above. I hope to hear from you.