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Couple sues Orange County DSS & CPS for taking their children after family was carjacked

 

We have reported before about parents who have found themselves victimized by Child Protective Services after suffering a tragedy. In particular, a couple in North Carolina had their child taken away after a car jumped the curb and injured the entire family, and a couple in Tennessee temporarily lost custody of their children after the child was abducted.

Now a couple in Middletown, New York have filed a lawsuit against Orange County, the Orange County Department of Social Services, The City of Middletown, The City of Middletown Police Department and five unidentified police officers. The lawsuit arose out of their treatment by the police and Child Protective Services after they were carjacked.

According to the Middletown Times Herald-Record, the father was mistaken for the carjacker and arrested, then the children were taken by Child Protective Services.

The parents, Michael Dayton and Barbara Nieves, base their lawsuit on violations of the 42:1983 Civil Rights Act. and are requesting a jury trial.

For more info: Read more details about this case in the Middletown Times Herald-Record.
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By

Albany CPS and Family Court Examiner

Dan Weaver is a freelance writer and antiquarian bookseller. His interest in Child Protective Services and family court stems from his five-year...

Comments

  • Xtreme 2 years ago
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    When it comes to CPS involvement, NY and Florida are the worse states, for kidnapping and holding children over a parents head. That is how my story began was in NY and then when I won there, and returned home with my children, the horror brought to Florida on false allegations, that were handled by a judge in the courts.
    I think CPS disrespects the judges' orders, and most don't know about what is happening outside those courtrooms, for they are assuming that everyone's doing their job.

  • Shawn McMillan 1 year ago
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    This is an interesting story. You all should do a search on "fogarty-hardwick v. Orange County" We just got a $5 million v verdict against CPS affirmed on appeal. Very cool stuff.

  • Thomas Bird 5 months ago
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    Its pretty bad, when the non offending parent is haunted by the impending doom that her child might be taken away some day soon, for no reason other than personal issues of the departments attorneys, they disrespect the judge and abuse their power given to them. Anything that anybody can get out of them like $5million dollars, probibly deserves it!

  • teresa 5 months ago
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    we are a family for ROBSON COUNTY N.C.
    PLEASE HELP THE HUNT'S FAMILY IN A TIME OF NEED TO GET HER DAUGHTER BACK.

    my daughter has been abuse and neglect by her father and we called dss to report it on five or six differnet times and dss turned it around like it was my fault the case workers has told lie on top of lies they place MY baby in kinship with the baby fathers mother. and she use to work with dss and they had lied on ME. the father gets to see the child .but I only gets to see MY child everyother week for an hour. we are going to sue dss for vailating our constitutional rights under 4 and 14th amendement. The grandparents on MY side has been barred from seeing the grandchild at all. we are trying to help out MY child and other kids in the county so it dont happen again. in my experience with them that the Robeson County of Department of Social Services is corrupt and does not protect children abuse & neglect .The Family and Friends are uniting to raise money to help with her battle against stop corrupt dss. Please show your support if you would prefer to mail adonations you may do so send it to Teresa Hunt p.o. Box 124 St. Pauls N.C 28384 if you have any questions or would like to speak to the family please feel free to call Teresa Hunt or Daran Hunt at (910)740-0140 support and most importantly prayers we do believe in miracles and we pray for one each day. We are deeply grateful for your contribution. Thanks and God Bless!

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