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42 U.S. Code § 12202 - State immunity A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in  Federal or State court of competent jurisdiction for a violation of this chapter. In any action against a State for a violation of the requirements of this chapter, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State. (Pub. L. 101–336, title V, § 502, July 26, 1990, 104 Stat. 370.)
Supreme Court 'Pro Se'
If the Supreme Court of Appeals denied your appeal, this court is the next step in your fight for parental rights to your child(ren). At this level, you will need to file several forms.
You will need to write a "Petition For Request For Administrative Review" and "Petition For Writ of Habeas Corpus".
"Influence of the Federal Supreme Court on the state supreme courts: the U.S. Supreme Court may hear appeals from state supreme courts only if there is a question of law under the United States Constitution (which includes issues arising from federal treaties, statutes, or regulations), and those appeals are heard at the Court's sole discretion (that is, only if the Court grants a petition for writ of certiorari).
In theory, state supreme courts are bound by the precedent established by the U.S. Supreme Court as to all issues of federal law, but in practice, the Supreme Court reviews very few decisions from state courts. For example, in 2007 the Court reviewed 244 cases appealed from federal courts and only 22 from state courts. Despite the relatively small number of decisions reviewed, Professors Sara Benesh and Wendy Martinek found that state supreme courts follow precedent more closely than federal courts in the area of search and seizure and appear to follow precedent in confessions as well."
To bring an action under section 1983, the plaintiff does not have to begin in state court. However, if the plaintiff chooses to bring suit in state court, the defendant has the right to remove the case to federal court.
If you feel that you have suffered from a direct violation of your Civil Rights, be sure to visit the Federal Supreme Court page and file your civil complaint with your local Federal Supreme Court office.
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The ACLU does not currently help parents involved in CPS disputes. There has not been enough coverage. To request legal action on behalf of millions of Americans who have been denied our Civil Liberties: File your Complaint with the American Civil Liberties Union today! 125 Broad Street, 18th Floor, New York NY 10004 or call 212-549-2500.
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