Poised Grandmothers During Arkansas DHS Kidnap Notice RICO Lawsuit $20M Crime Victim Fund
Little Rock Grandparents Bravery and
4th Amendment Case Law
RICO Indicts
Arkansas DHS. Arkansas DHS Employees who are indictable for racketeering having failed to comply with warrant requirement in un-noticed kidnap for profit of Nikeito
Smith Age 1 and ¾ from his grandmother Linnie Schaefer and blood relative foster mother/cousin Mashawna
Campbell's home after suffering Arkansas DHS foster care abuse injuries in prior Arkansas DHS placement; and
Little Rock Arkansas police agency assisted without a court order or warrant, kidnap for profit of LaMoniye
Everett one day after her first birthday from the home of her grandmother Arkansas DHS foster parent, Mashawna
Campbell are in the order of the criminal and personal injury liability
Arkansan Grandparents and
Blood Relatives similarly situated federal persona' injury complaint with RICO Act proximate causes of action, seeking criminal referrals; civil investigative demand and house bill legislative language to propose new laws which bring Arkansas antiquated practices in alignment with federal funded
Children's Protective Services and
Family Preservation guidelines
vs.
ARKANSAS DHS and corrupt Arkansas
Circuit Juvenile Courts of
Pulaski County:
Avery Carter,
Teresa Bunche, ad litem lawyer
Kathleen O'Connor, ad litem lawyer Treeca
Dyer, Avery Carter's DHS supervisor,
Glenda Cooper, a DHS employee neighbor of Plaintiff
Grandmother Mashawna Campbell who made false report regarding daughter and mother of LaMoniye visiting the home of her mother during a stay away order pending satisfaction of family reunification plan,
Tina Moore and several others named service of summons upon
Administrator Arkansas
Welfare Reform.
In a forceful opinion, US
District Judge James G. Carr wrote: "
Despite the Defendants' exaggerated view of their powers, the
Fourth Amendment applies to them, as it does to all other officers and agents of the state whose requests to enter, however benign or well-intentioned, are met by a closed door. There is
...no social worker exception to the strictures of the Fourth Amendment
. ...Any agency that expects to send its employees routinely into private homes has a fundamental obligation to ensure that those employees understand the constitutional limits on their authority." See e.g.,
Roska v. Peterson, 304 F.3d 982, 989 (10th Cir.
2002) (warrantless no-knock entry violated Fourth Amendment absent exigency of imminent danger to child's welfare); Calabretta v.
Floyd, 189 F.3d
808,
816 (9th Cir.
1999) ("[Wyman ] does not hold that the social worker may enter the home despite the absence of consent or exigency."); Lenz v.
Winburn, 51 F.3d 1540, 1547 (11th Cir.
1995) (even though social worker's intrusion was motivated by concern for child's welfare, "and not as part of any investigation, the search falls within the ambit of the Fourth Amendment."); Franks v. Smith, 717 F.2d
183, 186 (5th Cir.
1983) ("A section 1983 action can also lie against others, such as social workers, where actions by them were taken in their official capacity as state employees.");
U.S. v.
Salome,
1994 WL 542098, *2 (D.
Kan.) ("There is no specific `children's welfare' exception to the Fourth Amendment's warrant requirement.'O^ate v.
New Hampshire Div. of
Children and
Youth Services, 1994 WL 255230, *8 (
D.N.H.);
State v. Boggess, 115
Wis.2d 443, 340
N.W.2d 516, 521 n. 9 (1983); State in Interest of
A.R., 937 P.2d 1037,
1040 (
Utah App.
1997) ("the Fourth Amendment's prohibition on unreasonable searches and seizures applies whenever an investigator, be it a police officer, a
DCFS employee, or any other agent of the state, responds to an alleged instance of child abuse, neglect, or dependency."); In re
Diane P.,
110 A.D.2d 354, 494
N.Y.S.2d
881, 883-85 (App.Div.
1985); In re
Robert P., 61
Cal.App.3d
310, 132 Cal.Rptr. 5, 11-12 (
1976);
New Jersey Div. of Youth & Family Servs. v.
B.W. &
V.W., 165
N.J.Super. 492, 398
A.2d 611, 613 (N.J.Juv. & Dom.Rel.Ct.1978).3
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