NANCY BRAKE (NC CPS)

Defendant Nancy Brake, WCHS class instructor 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 class instructor 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 WCHS social workers, their supervisors, county attorneys and others, causing harm to the Plaintiffs in effecting the deprivation of rights,  Dennis v. Sparks (1980).