There are very few attorneys knowledgeable in matters 1983 claims. You can file a 1983 against a non-governmental agency because it is a quasi-governmental agency. In this instance, you must show that there was a contractual arrangement where the agency is an extended arm of the state.
Simply but, you just explain that the agency was licensed and funded by the state as a sub-recipient of federal funding.
Absolute immunity is 11th amendment. If you can show under color of law malicious, wanton, malfeasance, intentional...you can have the state waive its right to any kind of immunity. This is why you are to name the heads of the State departments in their individual and professional capacities just in case you are kicked out on the immunity issue.
Immunity does not cover individual capacities and even with indemnification, they are still liable.
I spoke with Beverly Tran she said,attorneys need to remain silent on matters of which they lack sophistication. Go to the
National Archive On Child Welfare Fraud. There you may review actual complaints and case law.
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