The tumultuous journey of a family in Louisiana has culminated in a federal lawsuit against the State of Louisiana's Department of Children and Family Services (DCFS) and several individuals. On November 19, 2024, Lyndon Cummings and Nisa Martin filed a complaint in the United States District Court for the Middle District of Louisiana against DCFS, Tanisha Christy, Latasha Tennart, Jamie George, Paula Simon, Gail Grover, and Ochsner Health Network. The plaintiffs allege multiple violations of their constitutional rights following the removal of their newborn daughter from their custody.
The plaintiffs' ordeal began on November 16, 2023, when Nisa Martin was admitted to Ochsner Medical Center for a scheduled cesarean section. Their daughter Olive was born and placed in the Neonatal Intensive Care Unit (NICU). The family claims that they were presented with a list of authorized visitors for Olive but did not include defendants Latasha Tennart or Tanisha Christy. The following day, Tennart visited them at the hospital and informed them that DCFS would be involved due to a previous case concerning another child. Despite assurances that they could have legal representation during interactions with DCFS, the plaintiffs allege that on November 20th, without any court order or warrant presented to them or their attorney Jeffrey Sanford at the hospital, DCFS took custody of Olive.
The complaint details an emotionally charged series of events where the parents were denied access to their child without due process. They accuse DCFS employees of acting under color of law to deprive them of their rights guaranteed by the First, Fourth, Fifth, and Fourteenth Amendments. The lawsuit claims that these actions caused severe emotional distress and disrupted the natural bonding process between parent and child.
In addition to seeking $2 million in compensatory damages for emotional distress and financial loss due to legal fees and disruptions caused by DCFS actions, Lyndon Cummings and Nisa Martin are pursuing punitive damages against all defendants. They also seek declaratory judgments regarding policy violations by DCFS under federal law and request both immediate and permanent injunctions preventing defendants from working with children or retaliating against those exercising constitutional rights.
The legal proceedings are being overseen by Judge Gail Grover with case ID 3:24-cv-00956-BAJ-SDJ. The plaintiffs are representing themselves pro se from Zachary, Louisiana.