Vela

Vela v. U. S. Government Health and Human Servives, Child Welfare Services

Good Law
United States District Court, Eastern District of CaliforniaMarch 2, 20221:20-cv-01152California1,319 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

ISABEL VALDEZ VELA, ) Case No.: 1:20-cv-1152 JLT HBK ) Plaintiff, ) ORDER ADOPTING THE FINDINGS AND ) RECOMMENDATIONS DISMISSING THE v. ) ACTION WITHOUT PREJUDICE ) U.S. GOVERNMENT HEALTH AND ) (Doc. 7)

HUMAN SERVICES, CHILD WELFARE, )

) Defendant. ) )

Isabel Valdez Vela asserts her children were wrongfully removed from her home without a warrant in 2015. In the complaint filed on August 17, 2020, Vela sought to hold the U.S. Government Health and Human Services, Child Welfare Services, liable for a violation of the Fourteenth Amendment, 18 U.S.C. §§ 241, 242, 245; and 42 U.S.C. § 14141. (See generally Doc. 1.) On July 21, 2021, the magistrate judge found Vela’s “Complaint suffers from procedural and substantive defects.” (Doc. 6 at 4.) The magistrate judge observed Vela did not “allege facts in support of any constitutional claim.” (Id.) For example,…

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