Saturday, August 22, 2015

The Rooker-Feldman doctrine does not prevent parents from recovering improper child support payments from social services obtained by social services from New York Family Court

I've just posted a blog post in my other blog that pertains, generally, to the Rooker-Feldman doctrine and civil rights litigation - but is factually about a case where social services took a disabled child from parents, placed him in a residential facility and then went back to Family Court to sue parents for support payments, and obtained such payments, in the amount of $1,200.00 a month, in violation of federal law.

Parents sued in federal court - and recovered $104,564.32 in reimbursement of child support, plus interest and attorney's fees in the federal civil rights litigation.

The U.S. Court of Appeals for the 2nd Circuit ruled, in a case that remains a mandatory precedent  for New York, that New York Family Court is not a court of competent jurisdiction for purposes of jurisdictional bar on civil rights actions in federal courts based on claims arising out of federal law.

Parents whose rights are violated in New York Family Courts by social services!

Be aware of this precedent and use it to defend against "Rooker-Feldman arguments" in motions to dismiss in your own federal civil rights lawsuits.