New York Lawyers,or attorneys who are able to answer asap: What are the statute of limitations for dad to sue acs and child?

Q: Please help me.
I am a good father.
ACS deprive me the right to have my child.
What happened(brief)was child was hurt.
Ex spouse is abusive alcohol related.
Now,rather than with me (acs)to just let her pack bag to live with me
ACS NY worker said no.Foster care for the night.It's been 15-18 months.
Child was gravely harm.I learn from her FB.Police arrest the suspect.
Talia taken by ACS almost 2 years,under supervision.She was abused/choked/pills etc.
Foster "dad"(seen on facebook)battling drugs at same time,i implore to please give
me my child.ACS mock me,adaging you have no"real"rights for full time parenting?
She then "lied"under oath,citing she never said it.Judge hears my tape in Bay Ridge,
chewed her out in court,said you lied under oath.(Worker walk out courtroom red-face)
Can we sue?

Additional information

 

how to file meanwhile,file notice of tort?Court concluded officially December 19 2013.
deprive a right to just have her home in oppose to foster care,so can't i sue w/child?Spent 91,000 in 18 mos.(she came home when tape was heard by judge of worker saying i have no right to her full time.
Judge on the record agreed,"If the dad was treated better ACS,with "respect"and dignity his child would have not been sodomize/held down and choked.(he yell this to the entire courtroom) ACS walked out.


A:  David's Answer:  Your time to file a notice of claim may have expired, as it needed to have been filed within 90 days of the removal. That said, you may not have waived your federal claims, in which you have up to 3 years to sue for a violation of your due process rights. I strongly urge you to call a NYC Civil Rights lawyer, particularly one who has experience suing ACS.  -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

Must all 1983 civil rights violation claims be brought in federal court or can they be brought in state superior?

Q:  Assuimg there is no diversity issue in that all parties are in same state, where is jurisdiction relative to which court?


A:  David's Answer:  Such cases may be brought in either state or federal court. You simply need jurisdiction in New York of all defendants. Speak to a Bronx civil rights lawyer for more info.   -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

Do cps worker have the right to come on private propety? does cps have the right to go to my childs school and pull them out of

Q:  does the cps have the right to pull my boys out of class without consent? does the school have the right to show my childrens records to cps? never with a warrant but want to investigate ? knowing that cps workers are suppose to be Validators! I could of sworn there were laws protecting my childrens school records by FERDA And Hippa (doc's). Is it ILLEGAL and UNConstitutional practice for cps to remove children? Is it Unconstitutional for cps or a Juvenile Judge to abrogate the 4th Amendment? Is it true that any Government can be held Accountable when it denys its citizens their rights under the law? Civil Rights and The Amendment #1 #4 #5 #6 #14... And should there be a Declaration Court paper or do i have to Note it on the side of the paper?

Additional information

 

there are no facts bogus alligations!

A:  David's Answer:  First, CPS may - with the permission of school officials - interview the children at school, even without parental notification. Second, CPS workers are not validators at all. Third, HIPPA generally only applies to release of medical information or documents by a medical provider. Finally, CPS is statutorily authorized to remove children from their parents care - event without a court order or warrant - if they deem the situation to be an emergency. Same has been found to be constitutional by the federal courts so long as the parents are given a prompt, post-deprivation hearing to challenge the removal. Speak further with a civil rights lawyer in your area. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)