Q: I am 21 years old and I was recently discharged from foster care into homelessness. That is against acs rules but they have done it anyway. I did everything I was suppose to do and got approved for a apartment in the Bronx. But since it has yet to come in acs has just kind of dismissed me. I would like to sue and was hoping someone could give me some advice on how to go about it.
A: David's Answer: First, I'd adamantly disagree that one cannot sue ACS merely because they MAY be able to establish qualified immunity. They'd first be required to establish qualified immunity, which isn't a given. Second, even if they're able to establish qualified immunity, this doesn't mean each defendant would be immune from suit. There are numerous cases in which ACS has been successfully sued, despite the doctrine of qualified immunity. That said, merely because the caseworker "made a mistake" doesn't necessarily qualify for a lawsuit. You would also generally have an obligation to mitigate your damages by applying for public assistance. - David Bliven, Civil Rights Law attorney (www.blivenlaw.net)
David Bliven is a former prosecutor who handles police misconduct cases as well as governmental agency (CPS & ACS) misconduct and fair hearing matters. His website can be found at www.blivenlaw.net.
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