UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

CLASS ACTION COMPLAINT

1. COMES NOW Plaintiff [ENTER PLAINTIFF] (“Plaintiff), and on behalf of other Plaintiffs similarly situated,with this complaint against the Defendants [ENTER DEFENDANTS] (“Defendants”). The allegations herein are based upon personal knowledge and belief as to the Defendants’ actions and/or inactions and upon information and belief as to all other matters. Plaintiff alleges as follows:

INTRODUCTION

• This is a Class Action lawsuit under Class Action Fairness Act of 2005 (CAFA), brought against the Defendants for Federal Conspiracy, Aggravated Kidnapping, and Negligent Supervising leading to the violation of 42 USC § 1983.  

PARTIES

• Plaintiff, [ENTER NAME], is an individual of address [ENTER ADDRESS]. Plaintiff brings this action on behalf of aggrieved citizens of the United States of America residing in different states of United States of America. These Plaintiffs include:
• [ENTER PLAINTIFFS IN THE CLASS] of address [ENTER ADDRESS].
• Defendant, [ENTER NAME] is an individual of address [ENTER ADDRESS].  
• Defendant, [ENTER NAME] is an individual of address [ENTER ADDRESS].  
• Defendant, [ENTER NAME] is an individual of address [ENTER ADDRESS].  

JURISDICITON AND VENUE

• This Court has subject matter jurisdiction under 28 USC § 1331, on the basis of there being a federal question relating to 42 USC § 1983. This Court also has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1332 of the Class Action Fairness Act of 2005 because: (i) there are [ENTER NUMBER] or more class members, (ii) there is an aggregate amount in controversy exceeding $5,000,000, exclusive of interest and costs, and (iii) there is minimal diversity because at least one plaintiff and one defendant are citizens of different states.
• Venue is proper in this district under 28 U.S.C. § 1391 Defendants transact business in this district and are subject to personal jurisdiction in this district. Besides, a substantial part of the acts and omissions forming the basis of these claims occurred in the Eastern District of North Carolina and arose from the actions or inactions of the Defendants.

CLASS ACTION ALLEGATIONS

• This action is brought, and may properly proceed, as a class action, pursuant to Rule 23(a) and 23(b)(1) and (3) of the Federal Rules of Civil Procedure.
• Plaintiff seeks certification of a Class defined as follows:

Nationwide Class: Aggrieved citizens of the United States of America residing in different states of United States of America, who have suffered any harm and injury due to the Defendants’ policies and practices alleged herein.

1. Plaintiff is a proper representative of this class of persons because Plaintiff is a member of the class.
2. Plaintiff reserves the right to modify, change, or expand the class definitions if discovery and/or further investigation reveal that they should be expanded or otherwise modified.
3. Numerosity. The class action is superior to other available methods of adjudication because there are over five (5) members in the proposed class, and repeated individual litigation of the common issues shared by all class members would reduce the amount of recovery available to each member, particularly since establishing the liability of the Defendant and its conspirators will be relatively costly and time-consuming when compared to the amount of each, individual claim.
4. Existence/Predominance of Common Questions of Fact and Law. The claims set forth in this complaint are common to each member of the class at least regarding the subjection of the members to policies and practices, which deny the Plaintiff’s rights under the color of law, and further the Defendants’ blameworthy actions and/or inactions.
5. Superiority. A class action is superior to all other available means of fair and efficient adjudication of the claims of members of the Class. The injury suffered by each individual Class member is relatively small in comparison to the burden and expense of individual prosecution of the complex and extensive litigation necessitated by Defendants’ conducts. It would be virtually impossible for members of the Class individually to redress effectively the wrongs done to them by Defendants. Even if Class members could afford such individual litigation, the court system could not. Individualized litigation presents a potential for inconsistent or contradictory judgments. Individualized litigation increases the delay and expense to all parties, and to the court system, presented by the complex legal and factual issues of the case. By contrast, the class action device presents far fewer management difficulties, and provides the benefits of single adjudication, an economy of scale, and comprehensive supervision by a single court. Upon information and belief, members of the Class can be readily identified and notified.

FACTS

1. The Defendants enacted and/or applied questionable policies and practices. The Defendants used the said policies and practices to commit fraud through omitting and concealing evidence.
2. The Defendants also intentionally made false allegations and misrepresentation of parents in reports.
3. The Defendants were also negligent in supervising, training, and in the hiring practices of employees under section 1983.
4. The Defendants intentionally agreed to violate federal law and commit an overt act(s) in furtherance of the agreement when they: [ENTER FACTS FOR CONSPIRACY CLAIM].
5. The Defendants also forcible seized the Plaintiff’s child(ren) and; carried/transported the children from one place to another, with the intent to extort the Plaintiff in order to secure the release of the children. Specifically [ENTER FACTS FOR AGGRAVATED KIDNAPPING CLAIM].

CLAIMS FOR RELIEF

COUNT 1

Federal Conspiracy

• The Plaintiff incorporates by reference each preceding and succeeding paragraph as though fully set forth at length herein.
• [ENTER FACTUAL ALLEGATIONS].
• As a result of the Defendants’ conduct, the Plaintiff suffered [ENTER PARTICULARS OF DAMAGE].

COUNT 2

Violation of 42 USC 1983

• The Plaintiff incorporates by reference each preceding and succeeding paragraph as though fully set forth at length herein.
• [ENTER FACTUAL ALLEGATIONS].
• As a result of the Defendants’ conduct, the Plaintiff suffered [ENTER PARTICULARS OF DAMAGE].

PRAYER FOR RELIEF

WHEREFORE, the Plaintiff, on behalf of herself and all others similarly situated hereby prays that judgment be entered against the Defendants as follows:

1. Certification of the proposed Class and/or Subclass, appointment of Plaintiff to represent the proposed Class, and notice to the proposed Class to be paid by Defendants;
2. An order temporarily and permanently enjoining Defendants from continuing the conduct alleged in this Complaint;
3. Costs, restitution, damages, and penalties in an amount to be determined at trial;
4. An Order requiring Defendants to pay both pre- and post-judgment interest on any amounts awarded;
5. An award of costs and attorneys’ fees; and
6. That the Court issues any other order that this institution deems just.

JURY DEMAND

Plaintiff hereby demands a trial by jury for all claims so triable.

Respectfully submitted:

Dated: __________

CERTIFICATE OF SERVICE

            I hereby certify that on [ENTER DATE], copies of the foregoing document have been sent to the Defendants in the following addresses:

            [ENTER DEFENDANTS’ ADDRESSES]

DATED:                                                                         

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