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US Dinwiddle Case Against Virginia CPS

US Dinwiddle Case Against Virginia CPS

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Published by vacpswatch
Complaint brought against Virginia child protective services for unlawfully and illegally taking children away from parents. Damages of seven million dollars asked.
Complaint brought against Virginia child protective services for unlawfully and illegally taking children away from parents. Damages of seven million dollars asked.

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Published by: vacpswatch on May 13, 2011
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05/14/2011

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Case 7:11-cv-00008-sgw Document 1 Filed 01/07/11 Page 1 of 36
IN
THE
UNITED STATES DISTRICT
COURT
FOR
THE
WESTERN DISTRICT
OF
VIRGINIAFRED DINWIDDIE, and MICHELLEDINWIDDIE, individuals, and FREDDINWIDDIE and MICHELLE DINWIDDIEas next friends
of
C.D., J.D., and A.D., minorchildren, and
MICHAEL
DINWIDDIE,Plaintiffs,
v.
GILES COUNTY, VIRGINIADEPARTMENT OF SOCIAL SERVICES,NRV COMMUNITY SERVICES, HOPETREE FAMILY SERVICES,
BRALEY
ANDTHOMPSON,OMA McREYNOLDS, SHERRI NIPPER,LINDA BOGGS,
MIKE
DOBBINS, PHILBLANKENBECKLER,
AMY
BISHOP,JEAN WILLIAMS, SANDI HODGES,DARRELL HUNLEY, GREG SCHLAKE,HATTIE SAVAGE, KATHERINEFLAUGHRETY,
REBECCA
HUGHES,JENNIFER HARRIS, GLENN HARRIS,RHONDA RYAN, JEFF RYAN, VIRGINIAQUAID, ANITA GOODWIN,
DOUG
FLEMING, LAUREEN FLEMING, GILESCOUNTY SHERIFF'S OFFICE, SERGEANTSCOTT DUNN, DETECTIVE
RON
HAMLIN, CAPTAIN
MICHAEL
FALLS andOFFICER
MARK
SKIDMORE,Defendants.
LAW
NO.
f,//-(jt!
-/XVof'
PLAINTIFFS' COMPLAINTAND DEMAND
FOR
JURY TRIAL
COME
NOW
the above named Plaintiffs and for their causes
of
action against the abovenamed Defendants, respectfully state to the Court the following:
I. Introduction.
 
Case 7:11-cv-00008-sgw Document 1 Filed 01/07/11 Page 2 of 36
1.
This is a civil action arising under the Constitution
of
the United States
of
America, and Virginia comnion and statutory law, and is brought pursuant thereto
">
and to
42
U.S.C. § 1983. Plaintiffs seek relief by way
of
back and front lostincome, back and front medical
arid
mental health expenses incurred, actual,compensatory and punitive damages and attorney fees. Jurisdiction is properunder 28 U.S.C.
§§
13.31
and 1343. Venue is proper in the Western District
of
Virginia under 28 U.S.C. § 1391(b)
as
all defendants reside in Virginia and liveand/or work in the Western District
of
Virginia. This is the jurisdictional districtin which" the Plaintiffs previously resided, including during the times thePlaintiffs' causes
of
action arose, the jurisdictional district in which the injuriessuffered by Plaintiffs were sustained, and in which all the events giving rise to thePlaintiffs' claims occurred. The damages suffered by Plaintiffs as a result
of
Defendants' actions exceed this Court's jurisdictional amount in controversymInImum.
II. Procedural Prerequisites.
2.
All procedural prerequisites have been met.
III. Parties.Plaintiffs
3.
Plaintiff, Fred Dinwiddie,
is
an individual and resident
of
the State
of
Tennessee,the husband
of
Plaintiff Michelle Dinwiddie, and the natural and legal father,legal custodian of, and next friend to the minor children Plaintiffs, C.D., J.D., andA.D.. Fred Dinwiddie
"is
also the father
of
Plaintiff Michael Dinwiddie, who was
-2-
 
Case 7:11-cv-00008-sgw Document 1 Filed 01/07/11 Page 3 of 36
a minor child at the time
of
the acts
of
the Defendants in controversy but has nowreached the age
of
majority.
4.
Plaintiff, Michelle Dinwiddie, is an individual and resident
of
the State
of
Tennessee, the wife
of
Plaintiff Fred Dinwiddie, and the natural and legal mother,legal custodian of, and next friend to the minor children Plaintiffs, C.D., J.D., andA.D
.
Michelle Dinwiddie is·also the father
of
Plaintiff Michael Dinwiddie, whowas a minor child at the time
of
the acts
of
the Defendants in controversy but has
now
reached the age
of
majority.
5.
Plaintiff, Michael Dinwiddie,
is
an individual and resident
of
the State
of
Tennessee. Plaintiff Michael Dinwiddie was a minor child at the time
of
the acts
of
the Defendants in controversy but has now reached the age
of
majority.
6.
Plaintiff, C.D. (through next friends Fred and Michelle Dinwiddie),
IS
anindividual, a minor child, and resident
ofthe
State
of
Tennessee.
7.
Plaintiff, J.D. (through next friends Fred and Michelle Dinwiddie), isanindividual, a minor child, and resident
of
the State
of
Tennessee.
8.
Plaintiff, A.D. (through next friends Fred and Michelle Dinwiddie
,
isanindividual, a minor child, and a resident
of
the State
of
Tennessee.
Defendants.
9.
Defendant, Giles County Department
of
Social Services, is and was at all timesmaterial hereto, a Virginia Agency, licensed and doing business in Giles County,Virginia, at all times acting and·operating under the color
of
state law.-3-

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