Civil Lawsuits Filed
CPS-Kentucky Civil Lawsuits are on the rise in the area. Below are just a few to give you an idea of what's happening in our neck of the woods. (Will be adding more soon)
New information about filing suit against CPS-Kentucky in Federal Court:
CPS is not a "person" acting under color of state law for § 1983 purposes. See Will v. Mich. Dep't of State Police, 491 U.S. 58, 71 (1989). Plaintiff, therefore, fails to state a claim for relief against CPS. Additionally, a state agency may not be sued in federal court, unless the state has waived its sovereign immunity under the Eleventh Amendment[2 ] or Congress has overridden it.
New information about filing suit against CPS-Kentucky in Federal Court:
CPS is not a "person" acting under color of state law for § 1983 purposes. See Will v. Mich. Dep't of State Police, 491 U.S. 58, 71 (1989). Plaintiff, therefore, fails to state a claim for relief against CPS. Additionally, a state agency may not be sued in federal court, unless the state has waived its sovereign immunity under the Eleventh Amendment[