Well this is interesting... definitely a case to follow. What are you thoughts? Leave a comment below and let us know.
Plaintiff, Jamyson Harris filed a lawsuit against Tulare and Kern county in California. Case number 18-cv-00699-LJO-BAM.
Allegations include kidnapping and child molestation.
In the fall of 1991, Jamyson, along with his brother and sisters were taken into Tulare county social services in Porterville, California. By their mother’s roommates. The roommates falsely accused their mother of abandoning and abusing her children.
This was while their mother was out of town moving into their new home.
While living in a foster home with his sisters. Jamyson alleges he was sexually molested by their foster mom. Then placed on heavy psychotropic drugs, kicked out and he had to shuffle from foster home to foster home. Until finally he was shipped off to another county across the state of California.
Both Tulare and Kern county are not denying or challenging what has happened as of yet. Both counties are just challenging the statute of limitations.
According to Government Code Section 911.6. Under some circumstances a late claim shall be granted. My claim qualifies because of circumstances 1-3 of the government code 911.6.
(b) The board shall grant the application where one or more of the following is applicable:
(1) The failure to present the claim was through mistake, inadvertence, surprise or excusable neglect and the public entity was not prejudiced in its defense of the claim by the failure to present the claim within the time specified in Section 911.2.
(2) The person who sustained the alleged injury, damage or loss was a minor during all of the time specified in Section 911.2 for the presentation of the claim.
(3) The person who sustained the alleged injury, damage or loss was physically or mentally incapacitated during all of the time specified in Section 911.2 for the presentation of the claim and by reason of such disability failed to present a claim during such time.
The plaintiff alleges, they were placed in foster care by mistake and neglect. Because their mother’s roommates lied to the county and the county social workers didn’t do their job.
“They just went with the lie and forced us to go along with the lie.” Jamyson said. “We didn’t know our 4th and 14th amendment rights were being violated. We were just minors, with no defense and our mother was gone Nobody cared. One side wanted us gone. The other side was getting paid to do it. There was no real due process for our mother. ” Jamyson continued.
Jamyson, is currently working with his therapist to gather evidence to support circumstance number three. Jamyson claims he was mentally incapable of presenting a claim in time. Because according to his therapist the trauma from being kidnapped, sexually abused and being placed on the medication. He dissociated himself from what happened and the damage was so bad. By the time Jamyson was taken off the medications. His memory was so scattered he had completely forgotten why he was really in foster care.
What do you think? Do you think the statutes of limitations should be lifted? For more info on this case go to pacer.gov and search for case number 1:18-cv-00699-LJO-BAM
If you would like to help. A gofundme account has been set up to help pay for legal expenses. Click link below to donate. https://www.gofundme.com/I-was-in-foster-care-illegally?member=462128