May 21, 2015 by Robert Franklin, Esq, Member, National Board of Directors, National Parents Organization
In yesterday’s post, I mentioned that the Meitivs, the Maryland parents whose fight with Child Protective Services has been so much in the news, intend to sue the agency. Volokh Conspiracy writer and law professor Ilya Somin said that he thought their case would be an easy one to win and I heartily concurred. After all, the law of the land as articulated by the United States Supreme Court clearly says that parents’ decision-making regarding their children may not be interfered with by the state absent a showing of unfitness. Since the Meitivs look to be the best of parents, they should be able to prove liability on the part of CPS easily. That part of the case should be disposed of on a Motion for Summary Judgment.