But here is the basis of the suit. The city of Auburn, In refusing to enforce a court order visitation basically saying it was a civil matter and they did not want to get sued. That was in Sept. No lawyer could or would explain to me why. After further research, I found out that in the Indiana statute for kidnapping it is a class b misdemean for interfering with visitation with a court order.
The reason that I am explaining this is that all non-custodial parent should know the following facts:
1. A city/county police department or officer is not immune from lawsuit under 42USC1983 (the civil rights act). There are certain requirement a)the right must be a fundamental right (visitation and custody are) b)the officers must know that the person had been given the right (must allows be able to produce court order) and c)a “reasonable” officer must have known what he was doing was wrong. This is the hard part.
2. A state’s sovereign immunity can be waived by using the 14th amendment. This states that a state must protect its citizen’s rights (last half of section 1) and Congress has the power to make a law to enforce section 1 (section 5). This law is 42 USC 1983.
3. Congress did not have the power to enact Title IV-D. Printz v US(1997) states that congress may not make any state run a regulatory program. This case was referring to the requirement of the Brady gun control act. Where it concerns Title IV-d is that when a person is divorced, Title IV-D requires the personnel information of BOTH parties be put into a database that is checked every couple days against the new hire program. Which I believe to be a violation of my right to privacy.
The important message: Can you image what would happen if every non-custodial parent sued their city, state, and federal gov’t for violation of their civil rights? No longer would we hear that “It’s a civil matter.” The police would do there job.