INDEX OF SHAWN McMILLAN’S FILES IN
FAMILIES AGAINST GOVERNMENT ABUSE

By Linda Chalmers in Families Against Government Abuse (Files) · Edit Doc
About the Group

Cases

Arce v. County of Los Angeles

Deeths v. Stirling et al.

Deeths v. Lucile Salter Pakard Children’s Hospital

Dumas v. County of Orange

Fogarty-Hardwick v. County of Orange

Greene v. Camreta

Greenspan v. County of San Diego

Hardwick v. County of Orange

Huk/Raff v. County of Santa Barbara

Kasdan v. County of Los Angeles

Kendall Hardwick v. County of Orange

Kenper Opinion

Lyle Weisman v. County of Los Angeles, et al.

Marshall v. County of Los Angeles

Marshall v. County of San Diego

McCue v. Kern County

Peter Huk, et al. v. County of Santa Barbara, et al. 

Stokes v. County of Orange


Arce v. County of Los Angeles

Plaitiffs’ Third Amended Complaint for Damages

The underlying complaint in the Arce matter. Should serve as a decent template. At least in CA.
https://www.facebook.com/groups/familesagainstgovernmentabuse/479037908817071/?_=_
PDF> POS - TAC - 7.12.10.pdf

Appeal - Reversed Here's some law.

Brand new case. Just blew out mandated reporter immunity in CA for doctors who report in bad faith. The same reasoning should apply in all states as it is an issue of federal law. The defendant were nurses. 
https://www.facebook.com/groups/familesagainstgovernmentabuse/479034778817384/?_=_
PDF> For Publication.B231941.pdf

To Case Index


Deeths v. Stirling et al.

Order Denying Motion to Dismiss

https://www.facebook.com/groups/familesagainstgovernmentabuse/512897685431093/?_=_
PDF> Order_Denying_Thomas MTD.pdf

Brief in opposition to M.D.'s motion to dismiss. (Sam Park was the principal author). 

https://www.facebook.com/groups/familesagainstgovernmentabuse/509136399140555/?_=_
PDF> Opp.Thomas.MTD.pdf

To Case Index


Deeths v. Lucile Salter Pakard Children’s Hospital

Complaint Template

https://www.facebook.com/groups/familesagainstgovernmentabuse/480347008686161/?_=_
PDF> Complaint.pdf

To Case Index


Lyle Weisman v. County of Los Angeles, et al.

Recent order Granting Motion to Dismiss in part. Judge Otero.

This case is at the pleadings stage. No discovery has been done at all. 
https://www.facebook.com/groups/familesagainstgovernmentabuse/512157978838397/?_=_
PDF> 2013-06-11.pdf

To Case Index


Marshall v. County of Los Angeles

Opposition to Demurrer to Plantiffs’ First Amended Complaint

Grandparent Rights arising from "long standing custodial relationship." See specifically Point Number 6, on Page 8.
PDF> Opp_Dem_to_1st_Amd._Cmplt.pdf

Opposition to Demurrer to Plantiffs’ Second Amended Complaint

Briefing in support of Marshall Complaint --Grandparent's rights issues.
https://www.facebook.com/groups/familesagainstgovernmentabuse/479687618752100/?_=_
PDF> Opp_Dem_to_2nd_Amd._Cmplt.pdf

Second Amended Complaint – Grandparent’s rights issues

https://www.facebook.com/groups/familesagainstgovernmentabuse/479678168753045/?_=_
PDF> Redacted_Second_Amended_Complaint.pdf

This complaint was not drafted by us.

But, the rudiments are there. In any event the complaint did end up making it through the motions to dismiss, and the case settled for $220k.
https://www.facebook.com/groups/familesagainstgovernmentabuse/501274699926725/?_=_
PDF> Filed_sans_exhibits.pdf

To Case Index


Marshall v. County of San Diego

Complaint

This is one of the complaints filed on behalf of a foster parent who was lied about by SSA.
https://www.facebook.com/groups/familesagainstgovernmentabuse/480979951956200/?_=_
PDF> Sealed_Complt_6.27.v1pdf.pdf

To Case Index


McCue v. Kern County

This is the Complaint that was filed in the MSBP case. 

https://www.facebook.com/groups/familesagainstgovernmentabuse/501282386592623/?_=_
PDF> caed-03304878375.pdf

To Case Index


Kasdan v. County of Los Angeles

This brief has some of the arguments you will want to use when you are facing a Younger Abstention motion to dismiss.

https://www.facebook.com/groups/familesagainstgovernmentabuse/498329613554567/?_=_
PDF> 2013.04.08.Filed Opposition.pdf

This complaint template is a little rough.

I am sure it will get cleaned up in the litigation process. It was originally drafted by the client in pro per. But, its decent. I thought I would post it as an example of what people are doing out there with just a little guidance. You guys are capable of pursuing your claims even if you cannot find counsel.
https://www.facebook.com/groups/familesagainstgovernmentabuse/482056345181894/?_=_
PDF> 2013.02.05.First_Amended_Complaint.pdf

To Case Index


Dumas v. County of Orange

This is what happens to the "honest" Social Workers in Orange County.

Dumas settled the case out of court a few weeks before trial. Her attorneys subpoenaed me to testify at trial. If you guys look up Niveen Ismail case, I testified on her behalf at trial as well. What happened to her is a horrible injustice.
https://www.facebook.com/groups/familesagainstgovernmentabuse/496269867093875/?_=_
PDF> Complaint v. OC.pdf

To Case Index


Hardwick v. County of Orange

Reply Brief in Support of Summary Adjudication.

I can't post the moving papers. However, the legal issues addressed here may provide some guidance regarding the "reciprocal" rights that run between parents and children, as well as information on some tangential issues.
https://www.facebook.com/groups/familesagainstgovernmentabuse/489302564457272/?_=_
PDF> Reply_Brief.pdf

To Case Index


Fogarty-Hardwick v. County of Orange

Respondents Forgarty-Hardwick’s Brief

https://www.facebook.com/groups/familesagainstgovernmentabuse/479401938780668/?_=_
PDF> Redacted.Final.OB.3.9.09.pdf

To Case Index


Kendall Hardwick v. County of Orange

Parents and Children's rights are reciprocal.

There are other issues addressed in this brief as well, but this is the legal issue I find most immediately useful. I don't know if I already posted this or not.
https://www.facebook.com/groups/familesagainstgovernmentabuse/498337173553811/?_=_
PDF> Reply_Brief2.pdf

To Case Index


Greenspan v. County of San Diego

Complaint

https://www.facebook.com/groups/familesagainstgovernmentabuse/498269623560566/?_=_
PDF> Filed_Complaint2.pdf

Here is another complaint
https://www.facebook.com/groups/familesagainstgovernmentabuse/480535005334028/?_=_
PDF> Complaint2.pdf

To Case Index


Peter Huk, et al. v. County of Santa Barbara, et al. 

Memorandum

https://www.facebook.com/groups/familesagainstgovernmentabuse/482057008515161/?_=_
PDF> 2012.12.07-Order 12(b)(6).pdf

To Case Index


Huk/Raff v. County of Santa Barbara

I think this may have some of the QI stuff you are looking for regarding the idea that it is"clearly established" that SSWs can't lie.
https://www.facebook.com/groups/familesagainstgovernmentabuse/493226254064903/?_=_
PDF> Opposition.pdf

First Amended Complaint

Here is another Foster parent complaint. These two are the only ones we have. I usually do not represent foster parents. Both of these cases presented special circumstances.
https://www.facebook.com/groups/familesagainstgovernmentabuse/480981048622757/?_=_
PDF> 2012.06.05_FAC_Conform.pdf

To Case Index


Greene v. Camreta

Amicus Brief

https://www.facebook.com/groups/familesagainstgovernmentabuse/479403178780544/?_=_
PDF> Filed_Brief.pdf

To Case Index


Stokes v. County of Orange

Deposition of Michael Riley, Director of Orange County SSA. 

https://www.facebook.com/groups/familesagainstgovernmentabuse/483856871668508/?_=_
PDF> 2012.10.29.Riley_Depo_Transcript w.Exh.pdf

To Case Index


Balsitis v. County of Orange

Here is a write we did way back when. Don't know if it will help anyone, but it is a nice treatise on 12(f) motions to strike.
https://www.facebook.com/groups/familesagainstgovernmentabuse/482055958515266/?_=_
PDF>
Pet._for Writ&P&A.pdf

To Case Index


Steiner v. County of Orange

Opposition to Demurrer of County Defendant to Plaintiff’s First Amended Complaint.

https://www.facebook.com/groups/familesagainstgovernmentabuse/480978808622981/?_=_
PDF> 2012.12.28.Filed_Oppo_to_County_s_Demurrer_to_FAC.pdf

Opposition to Defendant Sandra Murray’s Demurrer to Plaintiff’s First Amended Complaint.

https://www.facebook.com/groups/familesagainstgovernmentabuse/480978608623001/?_=_
PDF> 2012.12.28.Filed.Oppo_to_Murray_s Demurrer_to_FAC.pdf

Second Amended Complaint

https://www.facebook.com/groups/familesagainstgovernmentabuse/480880275299501/?_=_
PDF> 2013.02.21.Filed_2nd_Amended_Complaint.pdf

To Case Index


Dunn v. County of San Diego

Complaint

Here is another template for anyone who has a straight warrantless removal claim.
https://www.facebook.com/groups/familesagainstgovernmentabuse/480426548678207/?_=_
PDF> Filed_Complaint.pdf

To Case Index


 Kemper v. County of San Diego

Appellant’s Opening Brief

Appeal from a Judgment of the Superior Court for the County of San Diego 
https://www.facebook.com/groups/familesagainstgovernmentabuse/479205702133625/?_=_
PDF> Nov._21_11.AppellantsOpeningBrief.pdf

To Case Index


 Kenper Opinion.

Not good as to the SSWs and the County -- But stellar as to the cops and city. We are considering whether or not to take it up one more level. There are a lot of problems with the decision. The question is what is the best course to take for the overall war. Right now, its unpublished. If we take it up and lose again, the publication status could change. It might be better to wait for a better set of facts, and try again.
https://www.facebook.com/groups/familesagainstgovernmentabuse/493433914044137/?_=_
PDF> unpublished_opinion_D059637.pdf

To Case Index


 ***Brief Re: Younger

Abstention: Comment by: Mike Foley When you ask to vacate, it's usually based on fraud, newly discovered evidence, mistake, or some defect of service.
The Younger Abstention is a completely different concept. I just finished writing a motion to vacate an order DENYING my motion for a change of custody. I'm asking for the order to be vacated on the basis of the order not being served, and the motion being hard by a judge who wrongfully dismissed a complaint I filed 15 years ago, and who ruled against me once again, based on gender bias. Her 1st bad ruling was reversed by the Supreme Court, so I think my chances are pretty good. I just hate having to jump through all these hoops.
The other side, all she has to do is show up and look pretty, sad and abused. She didn't even have to fie a response, and the never-married, never birthed a child radical feminist judge ruled against me. I did not hold back with the facts on this motion. I wrote it as though it's going to be reviewed by the Supreme Court. Every brief and pleading should be written as though it's going to be reviewed by a higher Court.

https://www.facebook.com/groups/familesagainstgovernmentabuse/499564873431041/?_=_
PDF> Oppo_Motion_to_Dismiss_v.7.toa.toc.pdf

Supporting Rooker-Feldman

This is a short brief regarding why the Rooker-Feldman doctrine should not apply to bar CPS/Civil Rights cases from being brought in federal court even where you lost in the State Court Dependency Proceedings. Rooker is not going to apply if you do not claim legal error by the state court, and you are seeking only money damages not a reversal of the order. Younger can only be used to stay the case. If you are seeking to alter the state court judgment, at some point they will raise Rooker-Feldman as that is exactly what the doctrine is supposed to prevent.
https://www.facebook.com/groups/familesagainstgovernmentabuse/499558080098387/?_=_
PDF> Supp_Rooker-Feldman_v.6.pdf

Writ of Habeas Corpus: Description and Purpose 

https://www.facebook.com/groups/familesagainstgovernmentabuse/490717914315737/?_=_
PDF> 11-12-19 OCR_d_Writ_of_Habeas_Corpus.pdf

California Juvenile

Dependency Practice §10.109 

https://www.facebook.com/groups/familesagainstgovernmentabuse/490717834315745/?_=_
PDF>  11-12-19 OCR_d Dependancy_Practice_re_WHC.pdf

Warrant Training in Orange County -- most current. Getting much better.  

https://www.facebook.com/groups/familesagainstgovernmentabuse/490707627650099/?_=_
PDF>  Warrant_Training_2012.pdf

Outline Presented at Workshop 

FB Link: https://www.facebook.com/groups/familesagainstgovernmentabuse/490707300983465/?_=_
PDF> Civil_Rights_Training.pdf

About the Group

  • Closed Group
  • This group has been created to provide parents, grandparents, aunts, uncles, extended family, and attorneys information regarding how families can pursue their rights against Child Protective Service agencies across the U.S. We will continue to post relevant information, including cases, articles, and templates as a free resource to enable readers to access information and working documents that can be easily adapted to meet particular circumstances.

    If enough people sue often enough, the agencies will have no choice but to change. It’s just too expensive for them to fight everybody. This is why I am willing to disseminate our successful work-product. With too few attorneys available to help families, my strategy is to empower as many pro per litigants as possible to litigate their claims as effectively as possible. By the same token, I am also attempting to persuade fellow warriors to join the fight.

    This site is for real people, with real legal issues looking for information. Let’s all try to keep it meaningful and on-topic. The goal is to bring everyone together for a common cause and to exchange useful information. I also hope that family members without legal representation will be able to connect with attorney members where possible (check the files section to locate an attorney in your state), as well as with other families who come to this site.

    Postings should not be construed as legal advice. Please do not ask for legal advice, as none will be given. We are only sharing information so that you may gain knowledge that might help you better resist this broken, corrupt system.