Tuesday, March 21, 2017

9th Circuit Opinion Says Child Welfare Workers Do Not Have"Right To Lie"

On January 3, 2017, the 9th Circuit Court of Appeals rendered its opinion in the "Right To Lie" case.
9th Circuit Judge Stephen Trott

I can not give this opinion its proper honors due, so instead, I have provided a few highlights of Judge Stephen Trott's opinion.
No official with an IQ greater than room temperature in Alaska could claim that he or she did not know that the conduct at the center of this case violated both state and federal law.  The social workers in this case are alleged to have knowingly and maliciously violated the law in their attempt to sever Preslie’s protected relationship with her mother. Perjury is a crime under both federal and California state law, as is the knowing submission of false evidence to a court.
Then, there was this one.
When asked about these legal facts during oral argument, the following colloquy occurred: 
Judge Trott: Are you telling me that a person in your client’s shoes could not understand you cannot commit perjury in a court proceeding in order to take somebody’s children away? 
Answer: Of course not. 
Judge Owens: Was there anything you know of that told social workers that they should lie and they should create false evidence in a court proceeding? 
Answer: No . . . .
In a nutshell, the Justices ripped these child welfare workers, the county, and the legal community a new one by stating that

Trust me, I will be following up on this one because I want to know if the DOJ is going to follow up with criminal charges and if there exists an attorney, or just a warm body with a valid P number who is game on calling me to assist in bringing forth an action of false claims.

Hell, State can bring forth an action against Orange County.

But, of course, nothing will happen and the child welfare system will continue to operate as usual, well, they may snatch more kids to make up for the settlement of the case.

Right to Lie in Child Welfare Cases - Opinion 15-55563, 1-3-2017 by Beverly Tran on Scribd

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