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Thursday, October 25, 2007

Nanny State Takes One On The Chin

Government Social Workers who attempt to usurp parential rights epitomize the worst aspects of the nanny state.  All too often, social workers abuse parents constitutional rights in their zeal to interfere with parenting in some way. However in this one case, the social workers went too far and are having to answer in a law suit.  In Court rules social workers must follow law

A federal court has ruled that social workers have to respect the U.S. Constitution regarding privacy and parental rights, and if they don’t they may be held liable. 

U.S. District Judge Earl H. Carroll ordered that a lawsuit by the family against the social workers and sheriff will be allowed to continue, because the social workers’ concerns were based on “an anonymous tip that the … Loudermilk children were being neglected and that plaintiffs’ home was uninhabitable.”

The ruling comes in an Arizona case in which social workers, accompanied by Maricopa County deputy sheriffs, made unsupported threats to place a family’s children in custody and arrest the parents if they were not allowed to make what ended up being an allegedly illegal search of the family’s home.

Under duress, the family allowed the social workers and deputies inside, who found nothing wrong, the report said.

But as a result of the search, the family sued the social workers and others citing the violation of their Fourth Amendment rights in the search, and violations of their 14th Amendment rights to privacy and family integrity because of the threats>“There you have it, [social agencies and workers] cannot threaten parents with court orders or the removal of children because parents assert their Fourth and 14th Amendment rights and refuse to cooperate,” added Thomas Dutkiewicz, of the Connecticut DCF Watch organization.

“Parents do not have to cooperate with DCF whatsoever and DCF employees have to go away when parents deny them access to their home and children,” he said. “DCF workers here in Connecticut are trained and instructed in this unconstitutional practice in order to conduct an unreasonable search and seizure of the home and child. They are to lie and threaten any way they can. All parents who were threatened should file a federal lawsuit against DCF, their workers, their supervisors and the police.”

Only time will tell if a threat of a lawsuit will reign in governments interference with parential rights but this is still a blow to nanny state.

o

Comments

Radical Forth Amendment principles might even be adhered to by FBI HSA NSA DOD CIA, or is that enabling terrorists?

WOOF on October 25, 2007 at 11:33 am

Aargh!!!  The first to comment on my post has to be you, wolfie, with your usual misdirection.  Hopefully no one will take your bait.


You don’t have to be a moron to be a liberal Democrat but it sure helps.

docdave on October 25, 2007 at 12:04 pm
Avatar for Bike Bubba

This is really good news, and really only the last in a series of decisions that hold social services to the law.  The HSLDA.org newsletters always have a list of current cases relating to homeschoolers, and also ways to best deal with the social worker who comes to your door.

One interesting take on the 4th Amendment, BTW, is that of Akhil Reed Amar (law prof at Yale), who demonstrates two interesting things about the 4th Amendment in his book about the 14th Amendment:

1.  The prohibition against “unreasonable search and seizure” does not historically mean you always had to have a warrant.  It meant that you had a good reason for it, one that you could defend in court.

2.  Those public officials who did not adhere to “reasonable” could be held civilly and perhaps even criminally liable.

In other words, you lie your way into the house, and you could pay damages.  Methinks we need more of that.

Bike Bubba on October 25, 2007 at 01:05 pm
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