$20 MILLION FEDERAL CIVIL RIGHTS COMPLAINT v. CHILD PROTECTIVE SERVICES IN RALEIGH, NC FOR DEPRIVATION OF RIGHTS!

Click to view a copy of the Civil Rights Complaint  filed in the Eastern District of North Carolina on November 28, 2011 and amended on September 17, 2012

Reale Family Civil Rights Complaint (Amended 9/17/2012); Title 42, Section 1983 U.S.C.

Reale Family Request for TRO & Appointment of Law Guardian

CIVIL COMPLAINT

NOW COME the above named Plaintiffs and for their causes of action against the above named Defendants, respectfully state to the court the following, and files this complaint.

Plaintiffs seek relief in the form of an order requiring the immediate return of the Plaintiffs’ 7 minor children to the full legal and physical custody of the Plaintiff parents and other relief by way of back and front lost income, back and front medical and mental health expenses, actual, compensatory and punitive damages, and all legal fees and costs.

STATEMENT OF JURISDICTION

Jurisdiction is proper in this court for violations of civil rights pursuant to 42 U.S.C. § 1983. This is a civil action arising under the Constitution of the United States of America, and North Carolina common and statutory law, and is brought pursuant thereto and to 42 U.S.C. § 1983. Jurisdiction is proper under 28 U.S.C. §§ 1331 and 1343. Venue is proper in the Eastern District of North Carolina under 28 U.S.C. § 1391(b) as Defendants reside in North Carolina and live and/or work in the Eastern District of North Carolina. This is the jurisdictional district in which the Plaintiffs reside and/or previously resided, including during the times the Plaintiffs’ causes of action arose, and/or the jurisdictional district in which the injuries suffered by Plaintiffs were sustained, and in which all the events giving rise to the Plaintiffs’ claims occurred.

PARTIES

PLAINTIFFS

Plaintiffs are residents of Morrisville, North Carolina in the County of Wake. Current mailing address is 11010 Lake Grove Blvd, Suite 100-211, Morrisville, NC 27560.

1. Plaintiff, Ronald Reale, is an individual and resident of the State of North Carolina, the husband of Plaintiff Debra Reale, and the natural and legal father, legal custodian of, and next friend to the minor children Plaintiffs, S.R.R., M.R.R., H.M.R., S.M.R., J.R.R., and B.R.R.. Ronald Reale is also the stepfather of Plaintiff T.R.B..
2. Plaintiff, Debra Reale, is an individual and resident of the State of North Carolina, the wife of Plaintiff Ronald Reale, and the natural and legal mother, legal custodian of, and next friend to the minor children Plaintiffs, T.R.B., S.R.R., M.R.R., H.M.R., S.M.R., J.R.R., and B.R.R..
3. Plaintiff, T.R.B. (through next friends Ronald and Debra Reale), is an individual, a minor child, and resident of the State of North Carolina.
4. Plaintiff, S.R.R. (through next friends Ronald and Debra Reale), is an individual, a minor child, and resident of the State of North Carolina.
5. Plaintiff, M.R.R. (through next friends Ronald and Debra Reale), is an individual, a minor child, and resident of the State of North Carolina.
6. Plaintiff, H.M.R. (through next friends Ronald and Debra Reale), is an individual, a minor child, and resident of the State of North Carolina.
7. Plaintiff, S.M.R. (through next friends Ronald and Debra Reale), is an individual, a minor child, and resident of the State of North Carolina.
8. Plaintiff, J.R.R. (through next friends Ronald and Debra Reale), is an individual, a minor child, and resident of the State of North Carolina.
9. Plaintiff, B.R.R. (through next friends Ronald and Debra Reale), is an individual, a minor child, and resident of the State of North Carolina.

DEFENDANTS

Defendant State of North Carolina, operating as a State Government, North Carolina was at all times material, pertinent and relevant hereto.  Current mailing address is; c/o Attorney General Roy Cooper, III, Old Education Building, 114 W. Edenton Street, Raleigh, NC  27602.  The Defendant was in fact at all times, operating and acting under the authority or color of state law at the time these claims occurred in that its “customs” and/or “policies” were the moving force behind the unconstitutional acts of its agents against the Plaintiffs in effecting the deprivation of rights.

Defendant Beverly Perdue, North Carolina State Governor, and being hereby named in both her individual and official capacities, is an individual and a resident of this jurisdictional district, is a state employee and was at all times material, pertinent and relevant hereto, employed by The State of North Carolina.  Current mailing address is; c/o Attorney General Roy Cooper, III, Old Education Building, 114 W. Edenton Street, Raleigh, NC  27602 or 20301 Mail Service Center, Raleigh, NC 27699-0301.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in her official capacity as the Governor of North Carolina her execution of North Carolina’s “customs” and/or “policies” were the moving force behind her unconstitutional acts, and that personally, her individual unconstitutional acts violated the clearly established constitutional rights of the Plaintiffs of which a reasonable official would have known, Davis v. Scherer (1984).  In addition, acting personally and individually she did act under the authority or color of state law when she acted in concert with other local officials including but not limited to Defendants North Carolina Department of Health and Human Services, Albert Delia, Wake County Human Services, North Carolina Administrative Office of the Courts, and the Wake County Guardian ad litem Program, among others, causing harm to the Plaintiffs in effecting the deprivation of rights,  Dennis v. Sparks (1980).

Defendant North Carolina Department of Health and Human Services, a state agency doing business in The State of North Carolina and was at all times material, pertinent and relevant hereto.  Current mailing address is; c/o Emery Edwards Milliken, 2001 Mail Service Center, Raleigh, NC  27699-2001.  The Defendant was in fact at all times, operating and acting under the authority or color of state law at the time these claims occurred in that its “customs” and/or “policies” were the moving force behind the unconstitutional acts of its agents against the Plaintiffs in effecting the deprivation of rights.

Defendant Albert Delia, Acting Secretary North Carolina Department of Health and Human Services, and being hereby named in both his individual and official capacities, is an individual and a resident of this jurisdictional district, is a state employee and was at all times material, pertinent and relevant hereto, employed by The State of North Carolina.  Current mailing address is; c/o Emery Edwards Milliken, 2001 Mail Service Center, Raleigh, NC  27699-2001.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in his official capacity as the Acting Secretary North Carolina Department of Health and Human Services his execution of North Carolina’s “customs” and/or “policies” were the moving force behind his unconstitutional acts, and that personally, his individual unconstitutional acts violated the clearly established constitutional rights of the Plaintiffs of which a reasonable official would have known, Davis v. Scherer (1984).  In addition, acting personally and individually he did act under the authority or color of state law when he acted in concert with other local officials including but not limited to Defendants the North Carolina Department of Health and Human Services, Wake County Human Services, the North Carolina Administrative Office of the Courts, and the Wake County Guardian ad litem Program, among others, causing harm to the Plaintiffs in effecting the deprivation of rights, Dennis v. Sparks (1980).

Defendant Wake County Human Services (WCHS), is located in, licensed and doing business in Wake County, North Carolina and was at all times material, pertinent and relevant hereto.  Current mailing address is; 220 Swinburne Street, Raleigh, NC  27610.  The Defendant was in fact at all times, operating and acting under the authority or color of state law at the time these claims occurred in that its “customs” and/or “policies” were the moving force behind the unconstitutional acts of its agents including but not limited to Defendants Ramon Rojano (Director Wake County Human Services), Dr. Warren Ludwig (Wake County Human Services Child Welfare Division Director), Lisa Cauley (Wake County Human Services Assistant Division Director), Virginia King (Wake County Human Services Program Manager), Saundra Judd (social worker), Jill Green (social worker), Richard Hayner (social worker supervisor), Julie Riggins (social worker), Nikki Lyons (social worker supervisor), John Gustavson (social worker supervisor), and Nancy Brake (social worker) against the Plaintiffs in effecting the deprivation of rights.

Defendant Ramon Rojano, Director Wake County Human Services and being hereby named in both his individual and official capacities, is an individual and a resident of this jurisdictional district, is a county employee and was at all times material, pertinent and relevant hereto, employed by Wake County Human Services in Wake County, North Carolina.  Current mailing address is; c/o Wake County Human Services, 220 Swinburne Street, Raleigh, NC  27610.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in his official capacity as the Director of Wake County Human Services his execution of Wake County Human Services’ “customs” and/or “policies” were the moving force behind his unconstitutional acts, and that personally, his individual unconstitutional acts violated the clearly established constitutional rights of the Plaintiffs of which a reasonable official would have known, Davis v. Scherer (1984).  In addition, acting personally and individually he did act under the authority or color of state law when he acted in concert with other local officials, including but not limited to, other Wake County Human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights,  Dennis v. Sparks (1980).

Defendant Dr. Warren Ludwig, Wake County Human Services Child Welfare Division Director and being hereby named in both his individual and official capacities, is an individual and a resident of this jurisdictional district, is a county employee and was at all times material, pertinent and relevant hereto, employed by Wake County Human Services in Wake County, North Carolina.  Current mailing address is; c/o Wake County Human Services, 220 Swinburne Street, Raleigh, NC  27610.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in his official capacity as the Child Welfare Division Director for Wake County Human Services his execution of Wake County Human Services’ “customs” and/or “policies” were the moving force behind his unconstitutional acts, and that personally, his individual unconstitutional acts violated the clearly established constitutional rights of the Plaintiffs of which a reasonable official would have known, Davis v. Scherer (1984).  In addition, acting personally and individually he did act under the authority or color of state law when he acted in concert with other local officials, including but not limited to, other Wake County Human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights,  Dennis v. Sparks (1980).

Defendant Lisa Cauley, Wake County Human Services Assistant Division Director and being hereby named in both her individual and official capacities, is an individual and a resident of this jurisdictional district, is a county employee and was at all times material, pertinent and relevant hereto, employed by Wake County Human Services in Wake County, North Carolina.  Current mailing address is; c/o Wake County Human Services, 220 Swinburne Street, Raleigh, NC  27610.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in her official capacity as the Assistant Division Director for Wake County Human Services her execution of Wake County Human Services’ “customs” and/or “policies” were the moving force behind her unconstitutional acts, and that personally, her individual unconstitutional acts violated the clearly established constitutional rights of the Plaintiffs of which a reasonable official would have known, Davis v. Scherer (1984).  In addition, acting personally and individually she did act under the authority or color of state law when she acted in concert with other local officials, including but not limited to, other Wake County human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights, Dennis v. Sparks (1980).

Defendant Virginia King, Wake County Human Services Program Manager and being hereby named in both her individual and official capacities, is an individual and a resident of this jurisdictional district, is a county employee and was at all times material, pertinent and relevant hereto, employed by Wake County Human Services in Wake County, North Carolina.  Current mailing address is; c/o Wake County Human Services, 220 Swinburne Street, Raleigh, NC  27610.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in her official capacity as a Program Manager for Wake County Human Services her execution of Wake County Human Services’ “customs” and/or “policies” were the moving force behind her unconstitutional acts, and that personally, her individual unconstitutional acts violated the clearly established constitutional rights of the Plaintiffs of which a reasonable official would have known, Davis v. Scherer (1984).  In addition, acting personally and individually she did act under the authority or color of state law when she acted in concert with other local officials, including but not limited to, other Wake County Human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights,  Dennis v. Sparks (1980).

Defendant John Gustavson, Wake County Human Services Social Worker Supervisor and being hereby named in both his individual and official capacities, is an individual and a resident of this jurisdictional district, is a county employee and was at all times material, pertinent and relevant hereto, employed by Wake County Human Services in Wake County, North Carolina.  Current mailing address is; c/o Wake County Human Services, 220 Swinburne Street, Raleigh, NC  27610.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in his official capacity as a social worker supervisor for Wake County Human Services his execution of Wake County Human Services’ “customs” and/or “policies” were the moving force behind his unconstitutional acts, and that personally, his individual unconstitutional acts violated the clearly established constitutional rights of the Plaintiffs of which a reasonable official would have known, Davis v. Scherer (1984).  In addition, acting personally and individually he did act under the authority or color of state law when he acted in concert with other local officials, including but not limited to, other Wake County Human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights,  Dennis v. Sparks (1980).

Defendant Nikki Lyons, Wake County Human Services Social Worker Supervisor and being hereby named in both her individual and official capacities, is an individual and a resident of this jurisdictional district, is a county employee and was at all times material, pertinent and relevant hereto, employed by Wake County Human Services in Wake County, North Carolina.  Current mailing address is; c/o Wake County Human Services, 220 Swinburne Street, Raleigh, NC  27610.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in her official capacity as a social worker supervisor for Wake County Human Services her execution of, Wake County Human Services’ “customs” and/or “policies” were the moving force behind her unconstitutional acts, and that personally, her individual unconstitutional acts violated the clearly established constitutional rights of the Plaintiffs of which a reasonable official would have known, Davis v. Scherer (1984).  In addition, acting personally and individually she did act under the authority or color of state law when she acted in concert with other local officials, including but not limited to, other Wake County Human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights,  Dennis v. Sparks (1980).

Defendant Richard Hayner, Wake County Human Services Social Worker Supervisor and being hereby named in both his individual and official capacities, is an individual and a resident of this jurisdictional district, is a county employee and was at all times material, pertinent and relevant hereto, employed by Wake County Human Services in Wake County, North Carolina.  Current mailing address is; c/o Wake County Human Services, 220 Swinburne Street, Raleigh, NC  27610.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in his official capacity as a social worker supervisor for Wake County Human Services his execution of Wake County Human Services’ “customs” and/or “policies” were the moving force behind his unconstitutional acts, and that personally, his individual unconstitutional acts violated the clearly established constitutional rights of the Plaintiffs of which a reasonable official would have known, Davis v. Scherer (1984).  In addition, acting personally and individually he did act under the authority or color of state law when he acted in concert with other local officials, including but not limited to, other Wake County Human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights,  Dennis v. Sparks (1980).

Defendant Nancy Brake, Wake County Human Services Social Worker and being hereby named in both her individual and official capacities, is an individual and a resident of this jurisdictional district, is a county employee and was at all times material, pertinent and relevant hereto, employed by Wake County Human Services in Wake County, North Carolina.  Current mailing address is; c/o Wake County Human Services, 220 Swinburne Street, Raleigh, NC  27610.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in her official capacity as a social worker and class instructor for Wake County Human Services her execution of, Wake County Human Services’ “customs” and/or “policies” were the moving force behind her unconstitutional acts, and that personally, her individual unconstitutional acts violated the clearly established constitutional rights of the Plaintiffs of which a reasonable official would have known, Davis v. Scherer (1984).  In addition, acting personally and individually she did act under the authority or color of state law when she acted in concert with other local officials, including but not limited to, other Wake County Human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights,  Dennis v. Sparks (1980).

Defendant Julie Riggins, Wake County Human Services Social Worker and being hereby named in both her individual and official capacities, is an individual and a resident of this jurisdictional district, is a county employee and was at all times material, pertinent and relevant hereto, employed by Wake County Human Services in Wake County, North Carolina.  Current mailing address is; c/o Wake County Human Services, 220 Swinburne Street, Raleigh, NC  27610.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in her official capacity as a social worker for Wake County Human Services her execution of Wake County Human Services’ “customs” and/or “policies” were the moving force behind her unconstitutional acts, and that personally, her individual unconstitutional acts violated the clearly established constitutional rights of the Plaintiffs of which a reasonable official would have known, Davis v. Scherer (1984).  In addition, acting personally and individually she did act under the authority or color of state law when she acted in concert with other local officials, including but not limited to, other Wake County Human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights,  Dennis v. Sparks (1980).

Defendant Saundra Judd, Wake County Human Services Social Worker and being hereby named in both her individual and official capacities, is an individual and a resident of this jurisdictional district, is a county employee and was at all times material, pertinent and relevant hereto, employed by Wake County Human Services in Wake County, North Carolina.  Current mailing address is; c/o Wake County Human Services, 220 Swinburne Street, Raleigh, NC  27610.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in her official capacity as a social worker for Wake County Human Services her execution of Wake County Human Services’ “customs” and/or “policies” were the moving force behind her unconstitutional acts, and that personally, her individual unconstitutional acts violated the clearly established constitutional rights of the Plaintiffs of which a reasonable official would have known,  Davis v. Scherer (1984).   In addition, acting personally and individually she did act under the authority or color of state law when she acted in concert with other local officials, including but not limited to, other Wake County Human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights,  Dennis v. Sparks (1980).

Defendant Jill Green, Wake County Human Services Social Worker and being hereby named in both her individual and official capacities, is an individual and a resident of this jurisdictional district, is a county employee and was at all times material, pertinent and relevant hereto, employed by Wake County Human Services in Wake County, North Carolina.  Current mailing address is; c/o Wake County Human Services, 220 Swinburne Street, Raleigh, NC  27610.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in her official capacity as a social worker for Wake County Human Services her execution of Wake County Human Services’ “customs” and/or “policies” were the moving force behind her unconstitutional acts, and that personally, her individual unconstitutional acts violated the clearly established constitutional rights of the Plaintiffs of which a reasonable official would have known, Davis v. Scherer (1984).  In addition, acting personally and individually she did act under the authority or color of state law when she acted in concert with other local officials, including but not limited to, other Wake County Human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights,  Dennis v. Sparks (1980).

Defendant Ginger Gialanella, Wake County Human Services Clinician, MS Licensed Marriage and Family Therapist and being hereby named in both her individual and official capacities, is an individual and a resident of this jurisdictional district, is a county employee and was at all times material, pertinent and relevant hereto, employed by Wake County Human Services in Wake County, North Carolina.  Current mailing address is; c/o Wake County Human Services, 10 Sunnybrook Road, Raleigh, NC  27610.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in her official capacity as a Clinician, MS Licensed Marriage and Family Therapist for Wake County Human Services her execution of Wake County Human Services’ “customs” and/or “policies” were the moving force behind her unconstitutional acts, and that personally, her individual unconstitutional acts violated the clearly established constitutional rights of the Plaintiffs of which a reasonable official would have known, Davis v. Scherer (1984).  In addition, acting personally and individually she did act under the authority or color of state law when she acted in concert with other local officials, including but not limited to, other Wake County Human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights,  Dennis v. Sparks (1980).

Defendant Jamie Sessoms, Wake County Human Services Clinician, Licensed Clinical Social Worker and being hereby named in both her individual and official capacities, is an individual and a resident of this jurisdictional district, is a county employee and was at all times material, pertinent and relevant hereto, employed by Wake County Human Services in Wake County, North Carolina.  Current mailing address is; c/o Wake County Human Services, 10 Sunnybrook Road, Raleigh, NC  27610.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in her official capacity as a Clinician, Licensed Clinical Social Worker for Wake County Human Services her execution of Wake County Human Services’ “customs” and/or “policies” were the moving force behind her unconstitutional acts, and that personally, her individual unconstitutional acts violated the clearly established constitutional rights of the Plaintiffs of which a reasonable official would have known, Davis v. Scherer (1984).  In addition, acting personally and individually she did act under the authority or color of state law when she acted in concert with other local officials, including but not limited to, other Wake County Human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights,  Dennis v. Sparks (1980).

Defendant Laurie Scholl, Wake County Human Services Clinician, Licensed Clinical Social Worker and being hereby named in both her individual and official capacities, is an individual and a resident of this jurisdictional district, is a county employee and was at all times material, pertinent and relevant hereto, employed by Wake County Human Services in Wake County, North Carolina.  Current mailing address is; c/o Wake County Human Services, 10 Sunnybrook Road, Raleigh, NC  27610.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in her official capacity as a Clinician, Licensed Clinical Social Worker for Wake County Human Services her execution of Wake County Human Services’ “customs” and/or “policies” were the moving force behind her unconstitutional acts, and that personally, her individual unconstitutional acts violated the clearly established constitutional rights of the Plaintiffs of which a reasonable official would have known, Davis v. Scherer (1984).  In addition, acting personally and individually she did act under the authority or color of state law when she acted in concert with other local officials, including but not limited to, other Wake County Human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights,  Dennis v. Sparks (1980).

Defendant Onslow County Department of social Services (OCDSS), is located in, licensed and doing business in Onslow County, North Carolina and was at all times material, pertinent and relevant hereto.  Current mailing address is; 1915 Onslow Drive Ext, Jacksonville, NC 28540.  The Defendant was in fact at all times, operating and acting under the authority or color of state law at the time these claims occurred in that its “customs” and/or “policies” were the moving force behind the unconstitutional acts of its agents against the Plaintiffs in effecting the deprivation of rights.

Defendant Onslow County Child Support Enforcement, is located in, licensed and doing business in Onslow County, North Carolina and was at all times material, pertinent and relevant hereto.  Current mailing address is; 3886 Henderson Drive Ext, Jacksonville, NC 28546.  The Defendant was in fact at all times, operating and acting under the authority or color of state law at the time these claims occurred in that its “customs” and/or “policies” were the moving force behind the unconstitutional acts of its agents against the Plaintiffs in effecting the deprivation of rights.

Defendant Policy Studies, Inc., is located in, licensed and doing business in Onslow County, North Carolina and was at all times material, pertinent and relevant hereto.  Current mailing address is; 1515 Wynkoop Street, STE 400, Denver, CO 80202.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in its official capacity as the contracted child support collections agent for Onslow County Department of Social Services its execution of Onslow County Department of Social Services’ “customs” and/or “policies” were the moving force behind the unconstitutional acts of its agents against the Plaintiffs in effecting the deprivation of rights.

Defendant the North Carolina Administrative office of the Courts, a state agency doing business in The State of North Carolina and was at all times material, pertinent and relevant hereto.  Current mailing address is; PO Box 2448, Raleigh, NC  27602-2448.  The Defendant was in fact at all times, operating and acting under the authority or color of state law at the time these claims occurred in that its “customs” and/or “policies” were the moving force behind the unconstitutional acts of its agents against the Plaintiffs in effecting the deprivation of rights.

Defendant North Carolina Judicial Standards Commission, a state agency doing business in The State of North Carolina and was at all times material, pertinent and relevant hereto.  Current mailing address is; PO Box 1122, Raleigh, NC  27602.  The Defendant was in fact at all times, operating and acting under the authority or color of state law at the time these claims occurred in that its “customs” and/or “policies” were the moving force behind the unconstitutional acts of its agents against the Plaintiffs in effecting the deprivation of rights.

Defendant Robert Rader, Wake County Chief District Court Judge and being hereby named in both his individual and official capacities, is an individual and a resident of this jurisdictional district, is the Chief District Court Judge in the Tenth Judicial District, Wake County in the State of North Carolina and was at all times material, pertinent and relevant hereto.  Current mailing address is; PO Box 351, Raleigh, NC  27602.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in his official capacity as the Chief District Court Judge his implementation and execution of, The Tenth Judicial District Family Court Rules for Domestic Court’s “customs” and/or “policies” and his execution of the “customs” and/or “policies” of the North Carolina Administrative office of the Courts were the moving force behind his unconstitutional acts, and that personally, his individual unconstitutional acts violated the clearly established constitutional rights of the Plaintiffs of which a reasonable official would have known, Davis v. Scherer (1984).  His judicial immunity is defeated when, “though judicial in nature,” his acts are “taken in complete absence of jurisdiction,” Mireles v. Waco (1991).  In addition, he did act under the authority or color of state law when he acted in concert with local officials, including but not limited to, other Defendant Judges named herein, and others, causing harm to the Plaintiffs in effecting the deprivation of rights, Dennis v. Sparks (1980).

Defendant Eric Chasse, Wake County District Court Judge and being hereby named in both his individual and official capacities, is an individual and a resident of this jurisdictional district, is a District Court Judge in the Tenth Judicial District, Wake County in the State of North Carolina and was at all times material, pertinent and relevant hereto.  Current mailing address is; PO Box 351, Raleigh, NC  27602.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in his official capacity as the District Court Judge in case number 10JA172-178 his execution of, The Tenth Judicial District Family Court Rules for Domestic Court’s “customs” and/or “policies” and his execution of the “customs” and/or “policies” of the North Carolina Administrative office of the Courts were the moving force behind his unconstitutional acts, and that personally, his individual unconstitutional acts violated the clearly established constitutional rights of the Plaintiffs of which a reasonable official would have known, Davis v. Scherer (1984).  His judicial immunity is defeated when, “though judicial in nature,” his acts are “taken in complete absence of jurisdiction,” Mireles v. Waco (1991).  In addition, he did act under the authority or color of state law when he acted in concert with local officials, including but not limited to, Wake County Human Services social workers, their supervisors and others, causing harm to the Plaintiffs in effecting the deprivation of rights, Dennis v. Sparks (1980).

Defendant Jane Gray, Wake County District Court Judge and being hereby named in both her individual and official capacities, is an individual and a resident of this jurisdictional district, is a District Court Judge in the Tenth Judicial District, Wake County in the State of North Carolina and was at all times material, pertinent and relevant hereto.  Current mailing address is; PO Box 351, Raleigh, NC  27602.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in her official capacity as the District Court Judge in case numbers 10JA 172-178 her execution of, The Tenth Judicial District Family Court Rules for Domestic Court’s “customs” and/or “policies” and her execution of the “customs” and/or “policies” of the North Carolina Administrative office of the Courts were the moving force behind her unconstitutional acts, and that personally, her individual unconstitutional acts violated the clearly established constitutional rights of the Plaintiffs of which a reasonable official would have known, Davis v. Scherer (1984).  Her judicial immunity is defeated when, “though judicial in nature,” her acts are “taken in complete absence of jurisdiction,” Mireles v. Waco (1991).  In addition, she did act under the authority or color of state law when she acted in concert with local officials, including but not limited to, Wake County Human Services social workers, their supervisors and others, causing harm to the Plaintiffs in effecting the deprivation of rights, Dennis v. Sparks (1980).

Defendant Lori Christian, Wake County District Court Judge and being hereby named in both her individual and official capacities, is an individual and a resident of this jurisdictional district, is a District Court Judge in the Tenth Judicial District, Wake County in the State of North Carolina and was at all times material, pertinent and relevant hereto.  Current mailing address is; PO Box 351, Raleigh, NC  27602.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in her official capacity as the District Court Judge in case numbers 10CVD7386, 10CVD7539 and 10CVD5477 her execution of, The Tenth Judicial District Family Court Rules for Domestic Court’s “customs” and/or “policies” and her execution of the “customs” and/or “policies” of the North Carolina Administrative office of the Courts were the moving force behind her unconstitutional acts, and that personally, her individual unconstitutional acts violated the clearly established constitutional rights of the Plaintiffs of which a reasonable official would have known, Davis v. Scherer (1984).  Her judicial immunity is defeated when, “though judicial in nature,” her acts are “taken in complete absence of jurisdiction,” Mireles v. Waco (1991).  Judge Christian’s acts also raise the questions as to criminal acts under 18 U.S.C.A § 242, for willful deprivation of constitutional rights.  In addition, she did act under the authority or color of state law when she acted in concert with local officials, including but not limited to, Wake County Human Services social workers, their supervisors and others, causing harm to the Plaintiffs in effecting the deprivation of rights, Dennis v. Sparks (1980).

Defendant Kris Bailey, Wake County District Court Judge and being hereby named in both his individual and official capacities, is an individual and a resident of this jurisdictional district, is a District Court Judge in the Tenth Judicial District, Wake County in the State of North Carolina and was at all times material, pertinent and relevant hereto.  Current mailing address is; PO Box 351, Raleigh, NC  27602.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in his official capacity as the District Court Judge in case number 10CVD7539 his execution of, The Tenth Judicial District Family Court Rules for Domestic Court’s “customs” and/or “policies” and his execution of the “customs” and/or “policies” of the North Carolina Administrative office of the Courts were the moving force behind his unconstitutional acts, and that personally, his individual unconstitutional acts violated the clearly established constitutional rights of the Plaintiffs of which a reasonable official would have known, Davis v. Scherer (1984).  His judicial immunity is defeated when, “though judicial in nature,” his acts are “taken in complete absence of jurisdiction,” Mireles v. Waco (1991).  In addition, he did act under the authority or color of state law when he acted in concert with local officials, including but not limited to, Wake County Human Services social workers, their supervisors and others, causing harm to the Plaintiffs in effecting the deprivation of rights, Dennis v. Sparks (1980).

Defendant Monica Bousman, Wake County District Court Judge and being hereby named in both her individual and official capacities, is an individual and a resident of this jurisdictional district, is a District Court Judge in the Tenth Judicial District, Wake County in the State of North Carolina and was at all times material, pertinent and relevant hereto.  Current mailing address is; PO Box 351, Raleigh, NC  27602.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in her official capacity as the District Court Judge in case number 10JA 172-178 and 10CVD7386 her execution of, The Tenth Judicial District Family Court Rules for Domestic Court’s “customs” and/or “policies” and her execution of the “customs” and/or “policies” of the North Carolina Administrative office of the Courts were the moving force behind her unconstitutional acts, and that personally, her individual unconstitutional acts violated the clearly established constitutional rights of the Plaintiffs of which a reasonable official would have known, Davis v. Scherer (1984).  Her judicial immunity is defeated when, “though judicial in nature,” her acts were “taken in complete absence of jurisdiction,” Mireles v. Waco (1991).  In addition, she did act under the authority or color of state law when she acted in concert with local officials, including but not limited to, Wake County Human Services social workers, their supervisors, county attorneys, court appointed attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights, Dennis v. Sparks (1980).

Defendant Wendy Kirwan, Family Court Case Coordinator and being hereby named in both her individual and official capacities, is an individual and a resident of this jurisdictional district, is a Family Court Case Coordinator in the Tenth Judicial District and was at all times material, pertinent and relevant hereto.  Current mailing address is; PO Box 351, Raleigh, NC  27602.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in her official capacity as Family Court Case Coordinator her execution of The Tenth Judicial District Family Court Rules for Domestic Court’s “customs” and/or “policies” and her execution of the “customs” and/or “policies” of the North Carolina Administrative office of the Courts were the moving force behind her unconstitutional acts, and that personally, her individual unconstitutional acts violated the clearly established constitutional rights of the Plaintiffs of which a reasonable official would have known, Davis v. Scherer (1984).  In addition, she did act under the authority or color of state law when she acted in concert with local officials, including but not limited to, Defendant Wake County Human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights, Dennis v. Sparks (1980).

Defendant Steve Combs, Private Attorney and being hereby named in both his individual and official capacities is an individual and a resident of this jurisdictional district, was initially a court appointed attorney appointed by the Wake County District Court Judge, later hired privately by Plaintiff Ronald Reale in case number 10JA 172-178 and 10CVD7386 in Wake County, North Carolina and was at all times material, pertinent and relevant hereto.  Current mailing address is; 1003 High House Road, Suite 106, Cary, NC  27513.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in his official capacity as a court appointed attorney (public defender) his execution of, The Tenth Judicial District Family Court Rules for Domestic Court’s “customs” and/or “policies” and his execution of the “customs” and/or “policies” of the North Carolina Administrative office of the Courts were the moving force behind his unconstitutional acts and he was in fact, acting under the authority or color of state law at the time these claims occurred.   He did act personally and individually under the authority or color of state law when he acted in concert with local officials, including but not limited to, Defendant Wake County Guardian ad Litem administrators, Wake County Human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights, Dennis v. Sparks (1980).  Attorney immunity for intentional harm to one’s client (Ronald Reale) was never so protected at common law, Tower v. Glover (1984).

Defendant Rick Croutharmel, Private Attorney and being hereby named in both his individual and official capacities is an individual and a resident of this jurisdictional district, is a court appointed attorney for Plaintiff Debra Reale and was appointed by the Wake County District Court Judge in case number 10JA 172-178 and 10CVD7386 in Wake County, North Carolina and was at all times material, pertinent and relevant hereto.  Current mailing address is; 303-200 Blake Street, Suite 211, Raleigh, NC  27601.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in his official capacity as a court appointed attorney (public defender) his execution of, The Tenth Judicial District Family Court Rules for Domestic Court’s “customs” and/or “policies” and his execution of the “customs” and/or “policies” of the North Carolina Administrative office of the Courts were the moving force behind his unconstitutional acts and he was in fact, acting under the authority or color of state law at the time these claims occurred.   He did act personally and individually under the authority or color of state law when he acted in concert with local officials, including but not limited to, Defendant Wake County Guardian ad Litem administrators, Wake County Human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights, Dennis v. Sparks (1980).  Attorney immunity for intentional harm to one’s client (Debra Reale) was never so protected at common law, Tower v. Glover (1984).

Defendant Albert Singer, Assistant County Attorney and being herby named in both his individual and official capacities is an individual and a resident of this jurisdictional district is a county attorney for Wake County, North Carolina and was at all times material, pertinent and relevant hereto.  Current mailing address is; c/o The Wake County District Attorney’s Office, PO Box 550, Raleigh, NC  27602.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in his official capacity as the County Attorney for Wake County his execution of, The Tenth Judicial District Family Court Rules for Domestic Court’s “customs” and/or “policies” and his execution of the “customs” and/or “policies” of the North Carolina Administrative office of the Courts were the moving force behind his unconstitutional acts and was in fact, acting under the authority or color of state law at the time these claims occurred in that he often acted “out of court” personally and individually in an investigatory capacity.  The Supreme Court reasoned that “out of court” activities of the prosecutor did not implicate judicial functions as immediately as the decision to prosecute (or the presentation of a case in court) bolstering its conclusion that historically, absolute immunity did not accompany such administrative or investigative functions of the prosecutor. Burns v. Reed (1991) and Kalina v. Fletcher (1997).  In addition, he did act under the authority or color of state law when he acted in concert with local officials, including but not limited to, Defendant Wake County Guardian ad Litem administrators, Wake County Human Services social workers, their supervisors, and others, causing harm to the Plaintiffs in effecting the deprivation of rights, Dennis v. Sparks (1980).

Defendant Melinda Cope, Assistant County Attorney and being herby named in both her individual and official capacities is an individual and a resident of this jurisdictional district is a county attorney for Wake County, North Carolina and was at all times material, pertinent and relevant hereto.  Current mailing address is; c/o The Wake County District Attorney’s Office, PO Box 550, Raleigh, NC  27602.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in her official capacity as the County Attorney for Wake County her execution of, The Tenth Judicial District Family Court Rules for Domestic Court’s “customs” and/or “policies” and her execution of the “customs” and/or “policies” of the North Carolina Administrative office of the Courts were the moving force behind her unconstitutional acts and was in fact, acting under the authority or color of state law at the time these claims occurred.  In addition, she did act under the authority or color of state law when she acted in concert with local officials, including but not limited to, Defendant Wake County Human Services social workers, their supervisors, and others, causing harm to the Plaintiffs in effecting the deprivation of rights, Dennis v. Sparks (1980).

Defendant The Wake County Guardian ad Litem Program, is located in, licensed and doing business in Wake County, North Carolina and was at all times material, pertinent and relevant hereto.  Current mailing address is; PO Box 1107, Raleigh, NC  27602.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that its “customs” and/or “policies” and its execution of the “customs” and/or “policies” of the North Carolina Administrative office of the Courts were the moving force behind its unconstitutional acts against the Plaintiffs in effecting the deprivation of rights.

Defendant Naeimeh Livingston, Wake County Guardian ad Litem District Administrator and being hereby named in both her individual and official capacities, is an individual and a resident of this jurisdictional district, is the Wake County Guardian ad Litem District Administrator, and was at all times material, pertinent and relevant hereto.  Current mailing address is; c/o The Wake County Guardian ad Litem Program, PO Box 1107, Raleigh, NC  27602.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in her official capacity as the Wake County Guardian ad Litem District Administrator her execution of The Wake County Guardian ad Litem Program’s “customs” and/or “policies” and her execution of the “customs” and/or “policies” of the North Carolina Administrative office of the Courts were the moving force behind her unconstitutional acts, and that personally, her individual unconstitutional acts violated the clearly established constitutional rights of the Plaintiffs of which a reasonable official would have known, Davis v. Scherer (1984).  In addition, she did act under the authority or color of state law when she acted in concert with local officials, including but not limited to, Defendant Wake County Human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights, Dennis v. Sparks (1980).

Defendant Margaret Hertzler, Wake County Guardian ad Litem Program Supervisor and being hereby named in both her individual and official capacities, is an individual and a resident of this jurisdictional district, is the Wake County Guardian ad Litem Program Supervisor, and was at all times material, pertinent and relevant hereto.  Current mailing address is; c/o The Wake County Guardian ad Litem Program, PO Box 1107, Raleigh, NC  27602.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in her official capacity as the Wake County Guardian ad Litem Program Supervisor her execution of The Wake County Guardian ad Litem Program’s “customs” and/or “policies” and her execution of the “customs” and/or “policies” of the North Carolina Administrative office of the Courts were the moving force behind her unconstitutional acts, and that personally, her individual unconstitutional acts violated the clearly established constitutional rights of the Plaintiffs of which a reasonable official would have known, Davis v. Scherer (1984).  In addition, she did act under the authority or color of state law when she acted in concert with local officials, including but not limited to, Defendant Wake County Human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights, Dennis v. Sparks (1980).

Defendant Bacchus Carver, Wake County Guardian ad Litem and being hereby named in both his individual and official capacities, is an individual and a resident of this jurisdictional district, is a Guardian ad Litem community volunteer, appointed by a District Court Judge in Wake County, North Carolina and was at all times material, pertinent and relevant hereto.  Current mailing address is; c/o The Wake County Guardian ad Litem Program, PO Box 1107, Raleigh, NC  27602.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in his official capacity as a Guardian ad Litem for Wake County his execution of The Wake County Guardian ad Litem Program’s “customs” and/or “policies” and his execution of the “customs” and/or “policies” of the North Carolina Administrative office of the Courts were the moving force behind his unconstitutional acts, and that personally, his individual unconstitutional acts violated the clearly established constitutional rights of the Plaintiffs of which a reasonable official would have known, Davis v. Scherer (1984).  In addition, he did act under the authority or color of state law when he acted in concert with local officials, including but not limited to, Defendant Wake County Guardian ad Litem administrators, Wake County Human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights, Dennis v. Sparks (1980).

Defendant Susan Vick, Attorney Advocate for the Wake County Guardian Ad Litem and being hereby named in both her individual and official capacities, is an individual and a resident of this jurisdictional district, is an attorney advocate for The Wake County Guardian ad Litem Program and is appointed by the Wake County District Court Judge in Wake County, North Carolina and was at all times material, pertinent and relevant hereto.  Current mailing address is; c/o The Wake County Guardian ad Litem Program, PO Box 1107, Raleigh, NC  27602.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in her official capacity as a Guardian ad Litem Attorney Advocate for Wake County her execution of The Wake County Guardian ad Litem Program’s “customs” and/or “policies” and her execution of the “customs” and/or “policies” of the North Carolina Administrative office of the Courts were the moving force behind her unconstitutional acts.  In addition, as a court appointed attorney (public defender) she did act under the authority or color of state law when she acted in concert with local officials, including but not limited to, Defendant Wake County Guardian ad Litem administrators, Wake County Human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights, Dennis v. Sparks (1980).  Attorney immunity for intentional harm to one’s client (Plaintiff 7 minor children) was never so protected at common law, Tower v. Glover (1984).

Defendant Mellonee Kennedy, Attorney Advocate for the Guardian Ad Litem and being hereby named in both her individual and official capacities, is an individual and a resident of this jurisdictional district, is an attorney advocate for The Wake County Guardian ad Litem Program and is appointed by the Wake County District Court Judge in Wake County, North Carolina and was at all times material, pertinent and relevant hereto.  Current mailing address is; c/o The Wake County Guardian ad Litem Program, PO Box 1107, Raleigh, NC  27602.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in her official capacity as a Guardian ad Litem Attorney Advocate for Wake County her execution of The Wake County Guardian ad Litem Program’s “customs” and/or “policies” and her execution of the “customs” and/or “policies” of the North Carolina Administrative office of the Courts were the moving force behind her unconstitutional acts.  In addition, as a court appointed attorney (public defender) she did act under the authority or color of state law when she acted in concert with local officials, including but not limited to, Defendant Wake County Guardian ad Litem administrators, Wake County Human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights, Dennis v. Sparks (1980).  Attorney immunity for intentional harm to one’s client (Plaintiff 7 minor children) was never so protected at common law; Tower v. Glover (1984).

Defendant Reginald O’Rourke, Attorney Advocate for the Wake County Guardian Ad Litem and being hereby named in both his individual and official capacities, is an individual and a resident of this jurisdictional district, is an attorney advocate for The Wake County Guardian ad Litem Program and is appointed by the Wake County District Court Judge in Wake County, North Carolina and was at all times material, pertinent and relevant hereto.  Current mailing address is; c/o The Wake County Guardian ad Litem Program, PO Box 1107, Raleigh, NC  27602.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in his official capacity as a Guardian ad Litem Attorney Advocate for Wake County her execution of The Wake County Guardian ad Litem Program’s “customs” and/or “policies” and his execution of the “customs” and/or “policies” of the North Carolina Administrative office of the Courts were the moving force behind his unconstitutional acts.  In addition, as a court appointed attorney (public defender) he did act under the authority or color of state law when he acted in concert with local officials, including but not limited to, the Defendant Wake County Guardian ad Litem administrators, Wake County Human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights, Dennis v. Sparks (1980).  Attorney immunity for intentional harm to one’s client (Plaintiff 7 minor children) was never so protected at common law, Tower v. Glover (1984).

Defendant Nevada Department of Health and Human Services, a state agency doing business in The State of Nevada and was at all times material, pertinent and relevant hereto.  Current mailing address is; 4126 Technology Way, Room 400, Carson City, NV 89706.  The Defendant was in fact at all times, operating and acting under the authority or color of state law at the time these claims occurred in that its “customs” and/or “policies” were the moving force behind the unconstitutional acts of its agents, and in conspiring with other Defendants, including but not limited to Nevada DCFS, Child Haven and Wake County Human Services and its agents, against the Plaintiffs in effecting the deprivation of rights.

Defendant Nevada Department of Children and Family Services, a state agency doing business in The State of Nevada and was at all times material, pertinent and relevant hereto.  Current mailing address is; 4126 Technology Way, 3^rd Floor, Carson City, NV 89706.  The Defendant was in fact at all times, operating and acting under the authority or color of state law at the time these claims occurred in that its “customs” and/or “policies” were the moving force behind the unconstitutional acts of its agents, and in conspiring with other Defendants, including but not limited to Child Haven and Wake County Human Services and its agents, against the Plaintiffs in effecting the deprivation of rights.

Defendant Las Vegas Metro Police Department, is a law enforcement agency located in the State of Nevada and was at all times material, pertinent and relevant hereto.  Current mailing address is; 3141 Sunrise Avenue, Las Vegas, NV 89101.  The Defendant was in fact, acting under the authority or color of law at the time these claims occurred in that its “customs” and/or “policies” were the moving force behind the unconstitutional acts of its officers, and in conspiring with other Defendants, including but not limited to Child Haven and Wake County Human Services and its agents, against the Plaintiffs in effecting the deprivation of rights.

Defendant Child Haven, is located in, licensed and doing business in Clark County, Nevada and was at all times material, pertinent and relevant hereto.  Current mailing address is; 701 North Pecos Road, Las Vegas, NV 89101.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that its “customs” and/or “policies” were the moving force behind the unconstitutional acts of its agents, and in conspiring with other Defendants, including but not limited to Las Vegas Metro Police Department and Wake County Human Services and its agents, against the Plaintiffs in effecting the deprivation of rights.

Defendant Wrenn House, is located in, licensed and doing business in Wake County, North Carolina and was at all times material, pertinent and relevant hereto.  Current mailing address is; 706 Hillsborough Street, Suite 200, Raleigh, NC 27603.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that its “customs” and/or “policies” were the moving force behind the unconstitutional acts of its agents and in conspiring with other Defendants, including but not limited to, Wake County Human Services and its agents, against the Plaintiffs in effecting the deprivation of rights.

Defendant Wake House, is located in, licensed and doing business in Wake County, North Carolina and was at all times material, pertinent and relevant hereto.  Current mailing address is; 2024 Noble Road, Raleigh, NC 27608.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that its “customs” and/or “policies” were the moving force behind the unconstitutional acts of its agents, and in conspiring with other Defendants, including but not limited to Wake County Human Services and its agents, against the Plaintiffs in effecting the deprivation of rights.

Defendant Kelli-Ann Reale, Private Actor and being hereby named personally, is an individual, is the complainant in two separate, fabricated Wake County Human Services Child Protective Services complaints in October, 2009 and January, 2010 and resides in Pittsburgh, Pennsylvania, and was at all times material, pertinent and relevant hereto.  Current mailing address is; 308 Ashland Ave, Pittsburgh, PA 15228.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that as a Wake County Human Services Child Protective Services Complainant she did act personally and individually under the authority or color of state law when she acted in concert with local officials, including but not limited to, Wake County Human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights, Dennis v. Sparks (1980).

Defendant Timothy Griego, Private Actor and being hereby named personally, is an individual, is the natural father of minor Plaintiff T.R.B. and resides in Apple Valley, California and was at all times material, pertinent and relevant hereto.  Current mailing address is; 16421 Apple Valley Rd., #3, Apple Valley, CA 92307.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that he did act personally and individually acted in concert with local officials, including but not limited to, Wake County Human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights, Dennis v. Sparks (1980).

Defendant Natasha Wilde-Brant, Foster Caregiver being hereby named personally, is an individual, was a foster caregiver for the seven minor children (herein Plaintiffs) in case number 10JA 172-178 in Wake County, North Carolina and currently resides in Onslow County, North Carolina and was at all times material, pertinent and relevant hereto.  Current mailing address is; 12780 North B Street, El Mirage, AZ 85335.  Last known mailing address is; c/o Wake County Human Services, 220 Swinburne Street, Raleigh, NC  27610.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that as a the current Foster Caregiver she did act personally and individually under the authority or color of state law when she acted in concert with local officials, including but not limited to, Wake County Human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights, Dennis v. Sparks (1980).

Defendant Gerard Anderberg, Foster Caregiver and being hereby named personally, is an individual, is the current foster caregiver for T.R.B. (herein plaintiff) in case number 10JA 172-178 in Wake County, North Carolina and currently resides in San Diego County, California and was at all times material, pertinent and relevant hereto.  Current mailing address is; 1720 Redwing Street, San Marcos, CA 92078.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that as the current Foster Caregiver he did act personally and individually under the authority or color of state law when he acted in concert with local officials, including but not limited to, Wake County Human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights, Dennis v. Sparks (1980).

Defendant Rhonda Anderberg, Foster Caregiver and being hereby named personally, is an individual, is the current foster caregiver for T.R.B. (herein plaintiff) in case number 10JA 172-178 in Wake County, North Carolina and currently resides in San Diego County, California and was at all times material, pertinent and relevant hereto.  Current mailing address is; 1720 Redwing Street, San Marcos, CA 92078.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that as the current Foster Caregiver she did act personally and individually under the authority or color of state law when she acted in concert with local officials, including but not limited to, Wake County Human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights, Dennis v. Sparks (1980).

Defendant Christopher Anderberg, Private Actor and being hereby named personally, is an individual, was a foster caregiver for the seven minor children (herein Plaintiffs) in case number 10JA 172-178 in Wake County, North Carolina and currently resides in San Diego County, California and was at all times material, pertinent and relevant hereto.  Current mailing address is; 1720 Redwing Street, San Marcos, CA 92078.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that as a Foster Caregiver he did act personally and individually under the authority or color of state law when he acted in concert with local officials, including but not limited to, Wake County Human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights, Dennis v. Sparks (1980).

Defendant Robin Domingez, Foster Caregiver and being hereby named personally is an individual, was a foster caregiver for the seven minor children (herein Plaintiffs) in case number 10JA 172-178 and mother of Natasha Wilde sharing the same residence in Jacksonville, North Carolina and was at all times material, pertinent and relevant hereto.  Current mailing address is; 12780 North B Street, El Mirage, AZ 85335.  Last known mailing address is; 1633 Secret Garden Place, Salt Lake City, UT 84104.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that as a Foster Caregiver she did act personally and individually under the authority or color of state law when she acted in concert with local officials, including but not limited to, Wake County Human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights, Dennis v. Sparks (1980).

Defendant Alex Wisnoski, Foster Caregiver and being hereby named personally, is an individual, is the current foster caregiver for S.R.R. and J.R.R (herein plaintiffs) in case number 10JA 172-178 in Wake County, North Carolina and currently resides in Wake County, North Carolina and was at all times material, pertinent and relevant hereto.  Current mailing address is; 120 Cullen Place, Garner, NC  27529.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that as the current Foster Caregiver he did act personally and individually under the authority or color of state law when he acted in concert with local officials, including but not limited to, Defendant Wake County Guardian ad Litem administrators, Wake County Human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights, Dennis v. Sparks (1980).

Defendant Saundra Wisnoski, Foster Caregiver and being hereby named personally, is an individual, is the current foster caregiver for S.R.R. and J.R.R (herein plaintiffs) in case number 10JA 172-178 in Wake County, North Carolina and currently resides in Wake County, North Carolina and was at all times material, pertinent and relevant hereto.  Current mailing address is; 120 Cullen Place, Garner, NC  27529.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that as the current Foster Caregiver she did act personally and individually under the authority or color of state law when she acted in concert with local officials, including but not limited to, Defendant Wake County Guardian ad Litem administrators, Wake County Human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights, Dennis v. Sparks (1980).

Defendant David Stonehouse, Foster Caregiver and being hereby named personally, is an individual, is the current foster caregiver for M.R.R. and B.R.R (herein plaintiffs) in case number 10JA 172-178 in Wake County, North Carolina and currently resides in Wake County, North Carolina and was at all times material, pertinent and relevant hereto.  Current mailing address is; 4923 Oak Park Road, Raleigh, NC  27612.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that as the current Foster Caregiver he did act personally and individually under the authority or color of state law when he acted in concert with local officials, including but not limited to, Defendant Wake County Guardian ad Litem administrators, Wake County Human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights, Dennis v. Sparks (1980).

Defendant Amanda Stonehouse, Foster Caregiver and being hereby named personally, is an individual, is the current foster caregiver for M.R.R. and B.R.R (herein plaintiffs) in case number 10JA 172-178 in Wake County, North Carolina and currently resides in Wake County, North Carolina and was at all times material, pertinent and relevant hereto.  Current mailing address is; 4923 Oak Park Road, Raleigh, NC  27612.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that as the current Foster Caregiver he did act personally and individually under the authority or color of state law when he acted in concert with local officials, including but not limited to, Defendant Wake County Guardian ad Litem administrators, Wake County Human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights, Dennis v. Sparks (1980).

Defendant Main Street Clinical Associates PA is a private agency, licensed and doing business in Durham and Wake County, North Carolina, a private practice group of licensed psychologists, clinical social workers, and board certified psychiatrists who provide comprehensive mental health services and was at all times material, pertinent and relevant hereto.  Current mailing address is; 115 North Duke Street, Suite 1-B, Durham, NC  27701.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that its “customs” and/or “policies” were the moving force behind the unconstitutional acts of its agent Dr. Karin Yoch (Licensed Psychologist contracted by Wake County Human Services) against the Plaintiffs in effecting the deprivation of rights.

Defendant Karin Yoch, PhD, Licensed Psychologist and being hereby named in both her individual and official capacities, is an individual, is a contracted employee of Wake County Human Services, and is listed on staff at Main Street Clinical Associates PA in Durham, North Carolina also providing services in Wake County, North Carolina and at all times material, pertinent and relevant hereto.  Current mailing address is; c/o Main Street Clinical Associates PA, 115 North Duke Street, Suite 1-B, Durham, NC  27701.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in her official capacity as a contracted licensed psychologist for Wake County human Services her execution of Wake County Human Services’ and Main Street Clinical Associates PA’s “customs” and/or “policies” were the moving force behind her unconstitutional acts, and that personally, her individual unconstitutional acts violated the clearly established constitutional rights of the Plaintiffs of which a reasonable official would have known, Davis v. Scherer (1984).  In addition, she did act under the authority or color of state law when she acted in concert with local officials, including but not limited to, Wake County Human Services social workers, their supervisors, county attorneys and others causing harm to the Plaintiffs in effecting the deprivation of rights, Dennis v. Sparks (1980).

Defendant Carolina Psychological Health Services is a private agency licensed and doing business in Onslow County, North Carolina, is a private practice group of licensed clinical psychologists, psychiatrists, social workers and other master level clinicians who provide comprehensive mental health services and was at all times material, pertinent and relevant hereto.  Current mailing address is; 1703 Country Club Road, Suite 204, Jacksonville, North Carolina 28546.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that its “customs” and/or “policies” were the moving force behind the unconstitutional acts of its agent Joyce Williams and others, against the Plaintiffs in effecting the deprivation of rights.

Defendant Joyce Williams, Licensed Professional Counselor and being hereby named in both her individual and official capacities, is an individual, is a contracted employee of Wake County Human Services, and is listed on staff at Carolina Psychological Health Services in Jacksonville, North Carolina also providing services to other Defendants in Wake County, North Carolina and was at all times material, pertinent and relevant hereto.  Current mailing address is; c/o Carolina Psychological Health Services, 1703 Country Club Road, Suite 204, Jacksonville, North Carolina 28546.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in her official capacity as a contracted Licensed Professional Counselor for Wake County Human Services her execution of Wake County Human Services’ and Carolina Psychological Health Services’ “customs” and/or “policies” were the moving force behind her unconstitutional acts, and that personally, her individual unconstitutional acts violated the clearly established constitutional rights of the Plaintiffs of which a reasonable official would have known, Davis v. Scherer (1984).  In addition, she did act under the authority or color of state law when she acted in concert with local officials, including but not limited to, Wake County Human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights, Dennis v. Sparks (1980).

Defendant Discovery Counseling and Wellness PLLC is a private agency licensed and doing business in Wake County, North Carolina, is a private practice group of Licensed Professional Counselors and was at all times material, pertinent and relevant hereto.  Current mailing address is; 110 Raleigh Street, Fuquay Varina, NC  27526.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that its “customs” and/or “policies” were the moving force behind the unconstitutional acts of its agent Michaele Worrix and others, against the Plaintiffs in effecting the deprivation of rights.

Defendant Michaele Worrix, Licensed Professional Counselor and being hereby named in both her individual and official capacities, is an individual, is a contracted employee of Wake County Human Services, and is listed on staff at Discovery Counseling and Wellness in Fuquay Varina, North Carolina and was at all times material, pertinent and relevant hereto.  Current mailing address is; 110 Raleigh Street, Fuquay Varina, NC  27526.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in her official capacity as a contracted Licensed Professional Counselor for Wake County Human Services her execution of Wake County Human Services’ and Discovery Counseling and Wellness’ “customs” and/or “policies” were the moving force behind her unconstitutional acts, and that personally, her individual unconstitutional acts violated the clearly established constitutional rights of the Plaintiffs of which a reasonable official would have known, Davis v. Scherer (1984).  In addition, she did act under the authority or color of state law when she acted in concert with local officials, including but not limited to, Defendants Wake County Guardian ad Litem administrators, Wake County Human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights, Dennis v. Sparks (1980).

Defendant Institute for Family Centered Services is a private agency licensed and doing business in Wake County, North Carolina, is a private practice group of Licensed Professional Counselors and was at all times material, pertinent and relevant hereto.  Current mailing address is; 3210 Skipwith Road, Suite B, Henrico, VA 23294.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that its “customs” and/or “policies” were the moving force behind the unconstitutional acts of its agents Brianne Smith, Philip Smith, Jennifer Bretz, and others, against the Plaintiffs in effecting the deprivation of rights.

Defendant Brianne Smith, Executive Director at Institute for Family Centered Services and being hereby named in both her individual and official capacities, is an individual, is a contracted employee of Wake County Human Services, and is listed on staff at Institute for Family Centered Services in Apex, North Carolina and was at all times material, pertinent and relevant hereto.  Current mailing address is; 504 Wrennstone Court, Apex, NC 27539.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in her official capacity as a contracted agent for Wake County Human Services her execution of Wake County Human Services’ and the Institute for Family Centered Services’ “customs” and/or “policies” were the moving force behind her unconstitutional acts, and that personally, her individual unconstitutional acts violated the clearly established constitutional rights of the Plaintiffs of which a reasonable official would have known, Davis v. Scherer (1984).  In addition, she did act under the authority or color of state law when she acted in concert with local officials, including but not limited to, Defendants Wake County Guardian ad Litem administrators, Wake County Human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights, Dennis v. Sparks (1980).

Defendant Philip Smith, Contracted Agent at Institute for Family Centered Services and being hereby named in both his individual and official capacities, is an individual, is a contracted employee of Wake County Human Services, and is listed on staff at Institute for Family Centered Services in Apex, North Carolina and was at all times material, pertinent and relevant hereto.  Current mailing address is; c/o Brianne Smith, 504 Wrennstone Court, Apex, NC 27539.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in his official capacity as a Contracted Agent for Wake County Human Services his execution of Wake County Human Services’ and the Institute for Family Centered Services’ “customs” and/or “policies” were the moving force behind his unconstitutional acts, and that personally, his individual unconstitutional acts violated the clearly established constitutional rights of the Plaintiffs of which a reasonable official would have known, Davis v. Scherer (1984).  In addition, he did act under the authority or color of state law when he acted in concert with local officials, including but not limited to, Defendants Wake County Guardian ad Litem administrators, Wake County Human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights, Dennis v. Sparks (1980).

Defendant Jennifer Bretz, Contracted Agent at Institute for Family Centered Services and being hereby named in both her individual and official capacities, is an individual, is a contracted employee of Wake County Human Services, and is listed on staff at Institute for Family Centered Services in Apex, North Carolina and was at all times material, pertinent and relevant hereto.  Current mailing address is; c/o Brianne Smith, 504 Wrennstone Court, Apex, NC 27539.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in her official capacity as a Contracted Agent for Wake County Human Services her execution of Wake County Human Services’ and the Institute for Family Centered Services’ “customs” and/or “policies” were the moving force behind her unconstitutional acts, and that personally, her individual unconstitutional acts violated the clearly established constitutional rights of the Plaintiffs of which a reasonable official would have known, Davis v. Scherer (1984).  In addition, she did act under the authority or color of state law when she acted in concert with local officials, including but not limited to, Defendants Wake County Guardian ad Litem administrators, Wake County Human Services social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights, Dennis v. Sparks (1980).

Defendant Commissioner John Vineyard, Riverside County California Commissioner and being hereby named in both his individual and official capacities, is a County Commissioner in Riverside County, in the State of California and was at all times material, pertinent and relevant hereto.  Current mailing address is; c/o Riverside Historic Courthouse, 4050 Main Street, Riverside, CA 92501.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in his official capacity as the Riverside County Commissioner in case number SWD020638 his execution of, The Riverside County California “customs” and/or “policies” were the moving force behind his unconstitutional acts, and that personally, his individual unconstitutional acts violated the clearly established constitutional rights of the Plaintiffs of which a reasonable official would have known, Davis v. Scherer (1984).  His judicial immunity is defeated when, “though judicial in nature,” his acts are “taken in complete absence of jurisdiction,” Mireles v. Waco (1991).

Defendant Riverside County Department of Public Social Services, is located in, licensed and doing business in Riverside County, California and was at all times material, pertinent and relevant hereto.  Current mailing address is; Riverside County Clerk of the Board, County Administrative Center, 4080 Lemon Street, First Floor, Riverside, CA  92501.  The Defendant was in fact at all times, operating and acting under the authority or color of state law at the time these claims occurred in that its “customs” and/or “policies” were the moving force behind the unconstitutional acts of its agents including but not limited to Defendants Courtney Barzandeh (social worker) and Bruce Rudberg (social worker), against the Plaintiffs in effecting the deprivation of rights.

Defendant Courtney Barzandeh, Social Worker and being hereby named in both her individual and official capacities, is an individual and is a Riverside County, California employee and was at all times material, pertinent and relevant hereto, employed by Riverside County Department of Public Social Services in Riverside, California.  Current mailing address is; Riverside County Clerk of the Board, County Administrative Center, 4080 Lemon Street, First Floor, Riverside, CA  92501.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in her official capacity as a social worker for Riverside County Department of Public Social Services her execution of Riverside County Department of Public Social Services’ “customs” and/or “policies” were the moving force behind her unconstitutional acts, and that personally, her individual unconstitutional acts violated the clearly established constitutional rights of the Plaintiffs of which a reasonable official would have known,  Davis v. Scherer (1984).   In addition, acting personally and individually she did act under the authority or color of state law when she acted in concert with other local officials, including but not limited to, other Riverside County Department of Public Social Services social workers, their supervisors, Wake County Human Services’ social workers and others, causing harm to the Plaintiffs in effecting the deprivation of rights, Dennis v. Sparks (1980).

Defendant Bruce Rudberg, Social Worker Supervisor and being hereby named in both his individual and official capacities, is an individual and is a Riverside County, California employee and was at all times material, pertinent and relevant hereto, employed by Riverside County Department of Public Social Services in Riverside, California.  Current mailing address is; Riverside County Clerk of the Board, County Administrative Center, 4080 Lemon Street, First Floor, Riverside, CA  92501.  The Defendant was in fact, acting under the authority or color of state law at the time these claims occurred in that while in his official capacity as a social worker for Riverside County Department of Public Social Services his execution of Riverside County Department of Public Social Services’ “customs” and/or “policies” were the moving force behind his unconstitutional acts, and that personally, his individual unconstitutional acts violated the clearly established constitutional rights of the Plaintiffs of which a reasonable official would have known,  Davis v. Scherer (1984).   In addition, acting personally and individually he did act under the authority or color of state law when he acted in concert with other local officials, including but not limited to, other Riverside County Department of Public Social Services social workers, their supervisors, Wake County Human Services’ social workers and others, causing harm to the Plaintiffs in effecting the deprivation of rights, Dennis v. Sparks (1980).

CLICK THE FOLLOWING LINK FOR THE “STATEMENTS OF FACT” AND “CAUSES OF ACTION”

IN THIS “CIVIL ACTION”

Reale Family Civil Rights Complaint; Title 42, Section 1983 U.S.C.

CONCLUSION

WHEREFORE, based on all of the foregoing, Plaintiffs respectfully request the Court enter judgment in favor of Plaintiffs request for relief in the form of an order requiring the immediate return of the Plaintiffs’ 7 minor children to the full legal and physical custody of the Plaintiff parents, and against Defendants, jointly and severally in an amount that will fully and fairly compensate Plaintiffs for all injuries suffered as a result of Defendants’ illegal actions as set forth more fully herein, including actual, compensatory, coincidental, incidental, treble and punitive damages; all in an amount that while not currently ascertainable to an exact degree will be determined at trial of this matter, and upon information and belief will exceed twenty million dollars; along with interest thereon at the highest rate allowable by law and all legal fees and costs incurred in bringing this action as well as all other relief the Court deems just and equitable in the circumstances.

Respectfully submitted this ____ day of September, 2012

RONALD REALE and DEBRA REALE individuals and as next friends of T.R.B., S.R.R., M.R.R., H.M.R., S.M.R., J.R.R., B.R.R., minor children.