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To: muawiyah
The state of Texas would be on the line for any particular civil rights violations. It's F(lds) and its officers that's on the line for criminal violations.

Not quite so fast there.

I know the State is on the line for civil judgements. But, there have also been criminal violations by CPS and by the State. False imprisonment for one. Assault under color of authority. Possibly kidnapping.

148 posted on 05/31/2008 12:07:29 AM PDT by CurlyDave
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To: CurlyDave

CPS is often in a no win situation. If they do nothing, the community says “why didn’t you get involved”, if they do something, the community says “why did you get involved”.
In the case of alleged sexual abuse, CPS in most states is required by law to investigate within 24 to 48 hours after the report. I have no doubt that due to the high publicity of this case, and public demand( or Texas Governmental demand) there was tremendous pressure to break up the compound, and place the children elsewhere. Highly unrealistic, as the CPS system cannot possibly house this many children. And, why should the state pay the expense when there is adequate housing at the compound with parents that children can remain with?

Lots of people are imprisoned falsely, it happens daily in the USA. False kidnapping is not going to happen.

I doubt CPS will see the first criminal charge.

CPS will be involved for a year from beginning of the investigation until the case is dropped and closed. (mark my words, it will be one year before this case is closed!)
Polygamy and girlfriends on the side, with full acceptance from the wives, might be the fantasy of many men, socially this remains unacceptable, as does sexual relations with minors.

The end result of this disaster will be children returned to mothers
CPS will remain involved for one year from opening the case to closing it
and no charges will occur against CPS, but charges will occur against the male leaders of this group, and or the polygamists.


149 posted on 05/31/2008 5:59:47 AM PDT by PRC
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To: CurlyDave
But, there have also been criminal violations by CPS and by the State. False imprisonment for one. Assault under color of authority. Possibly kidnapping.

The state and it's agencies can't be held criminally liable. But it's agents can be, under some circumstances. I'd think that kidnapping would be a definite possibility in the cases of the adults who CPS "assumed" were children, even in the face of valid ID and birth certificates being provided to the state.

158 posted on 05/31/2008 1:34:37 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: CurlyDave
You'll find, in the end, that the older statute has been found to be inapplicable in these sort of cases. But the F(lds) are going to be up to their thighs in criminal cases eventually anyway, so the question won't even be pursued.

I rather wonder if the state of Arizona is going to allow "The Trust" to pay any of the F(lds) members lawyer fees.

165 posted on 06/01/2008 8:13:44 AM PDT by muawiyah
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