We receive many inquiries about filing a lawsuit against ACS. It is important to note that suing ACS is suing the City of New York. This is a highly complicated process and we advise that you obtain an attorney if you plan to sue. Attorneys can either take the case on a percentage basis or you must pay them by the hour to work on your case. And in New York City, hourly rates can be over $350.00 an hour. As you can see this can get very expensive. Also NYC has something called qualified immunity. Generally, governmental actions that require the exercise of discretion but are not judicial or quasi-judicial are entitled to “qualified immunity,” meaning that they are immune from liability unless performed in bad faith or without a reasonable basis. Signature Health Ctr., LLC v. State, 28 Misc. 3d 543, 902 N.Y.S.2d 893 (Ct. Cl. 2010), aff’d, 92 A.D.3d 11, 935 N.Y.S.2d 357 (2011). Qualified immunity’s function is to protect government officials from liability for damages when performing discretionary duties as long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. Alex LL. v. Dep’t of Soc. Servs. of Albany Cty., 60 A.D.3d 199, 872 N.Y.S.2d 569 (2009).
The bulk of the street level work that ACS does is the home visit. ACS workers take this opportunity to attack the parents in any ay that they can. Initially the ACS worker will demand that the parents not record them. They will actually give you orders in your own home. Do not allow them to do this. If you have been contacted by ACS, contact our hotline at 917-519-8417 Do not speak to an acs worker without an attorney!! brooklynacslawyer.com queensacslawyer.com bronxacslawyer.com statenislandacslawyer.com sueacs.com
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