Learn Civil Rights Litigation with Shawn McMillan

Shawn McMillan, a leading civil rights attorney, offers his Nuts & Bolts Workshop to empower parents and advocates to take action against child welfare workers and agencies. Focused on violations of constitutional rights, this workshop provides essential tools and strategies for navigating civil rights litigation.

McMillan emphasizes the importance of holding child welfare systems accountable for abuses of power, sharing practical insights on how to build a strong case, including Fourth and Fourteenth Amendment protections, judicial deception, and municipal liability under 42 U.S.C. Sec. 1983. His workshops are designed to educate and inspire those ready to challenge systemic injustices and fight for family rights.

Shawn McMillan

This page serves as an example of how I filed my case in federal district court. It is your responsibility to research the federal district in your state and understand the specific procedures for filing. I strongly recommend reaching out to a Pro Se Clinic in your federal district for guidance and support. These clinics can provide valuable resources to help you navigate the process effectively. Remember, taking the first step is crucial in seeking justice and holding systems accountable. Empower yourself with knowledge and never hesitate to seek assistance when needed.

Get Started: Filing Your Case and Accessing Court Records

Taking action against systemic injustices requires knowledge, preparation, and the right tools. This guide will help you get started with accessing court records, filing documents, and drafting your complaint to ensure your case is properly represented.

Create a PACER Account

Your first step is to create a PACER (Public Access to Court Electronic Records) account. This account allows you to access court records online, check the status of your case, and stay informed throughout the process.

Sign Up to File Electronically

To submit documents electronically, you’ll need to register for your district court’s electronic filing system. Each state has its own process, so ensure you use the correct link for your district. Example: For the United States District Court for the Central District of California, sign up through the Central District’s Electronic Document Submission System (EDSS).

Draft Your Complaint

To begin your case, you will need to draft and file a complaint. Below is guidance for using an approved complaint as a template:

Review the attached example of approved third complaints.
- If you want to look at my approved third complaint affidavit for a lawsuit in the federal court, you have to email me at stolenchildrenbycps@gmail.com to donate to support this non-profit organization.
- Sharing complaint affidavits with other parents is not allowed after you receive documents from me.
Adjust the template to reflect the specifics of your case, including accurate details about violations, defendants, and the relief you seek.
Ensure compliance with formatting and content rules for your specific court.

How to File a Claim Under the Tort Claims Act

Filing a claim under the Tort Claims Act is a critical step if you intend to sue a government agency or employee for harm caused by their actions. Here’s how you can file a claim:

Determine the Proper Government Entity
Identify the specific government agency responsible for the harm (e.g., CPS, a state agency, or a local municipality). Each agency has its own procedures and deadlines for filing claims.
Obtain the Required Claim Form
Most government agencies have a standardized claim form for filing under the Tort Claims Act. Check the agency's website or contact their office to obtain the correct form.
Complete the Claim Form
Provide detailed information about your case, including:
- Your name and contact information.
- A description of the incident, including dates and locations.
- A statement explaining how the government agency or employee caused harm.
- A summary of the damages you are seeking (e.g., financial, emotional, or physical).
Attach Supporting Documentation
Include any evidence that strengthens your claim, such as medical records, police reports, witness statements, or photos.
Submit the Claim Within the Deadline
Most states require that a Tort Claim be filed within a specific timeframe, often 6 months from the date of the incident. Ensure you file on time to preserve your right to sue.
Wait for the Government’s Response
After filing your claim, the agency has a certain period to respond. They may approve, deny, or negotiate your claim. If denied or unresolved, you can proceed to file a lawsuit.
Consult an Attorney
Filing a Tort Claim can be complex. Consulting an attorney experienced in government liability can help ensure your claim is properly filed and supported.

By following these steps, you can take the necessary legal actions to hold government agencies accountable for their misconduct or negligence.

Resources for Pro Se Litigants in California

Navigating the legal system without an attorney (pro se) can be challenging, but you have the right to access resources designed to help you understand and advocate for your case effectively. Federal courts offer guidance, forms, and tools for individuals representing themselves.

California Residents:

For those in California, the Central District of California's Pro Se Resources page provides a wealth of information, including:

Step-by-step instructions for filing motions
Court procedures and requirements
Downloadable court forms and templates

You can access these resources by visiting:
Central District of California - Pro Se Resources

For Other States:

If you're outside California, visit the federal court website for your state or district. Each federal district provides tailored information to assist pro se litigants with their specific procedural requirements.

Remember: Taking the first step toward justice can feel overwhelming, but you are not alone. Utilize these resources to advocate for yourself and your loved ones. Together, we can fight for justice and systemic reform.

Stay strong, stay informed, and never give up on your pursuit of justice.