Cruz v. Mississippi Dept. of Human Services, 9 F.Supp.3d 668 (S.D.Miss. 2014)

Plaintiff Cirila Baltazar Cruz sued the Mississippi Dept. of Human Services after her newborn was removed from her custody. Plaintiff, a Mexican national, had fluency in Chatino but limited proficiency in Spanish and English. Plaintiff alleged violations of her constitutional rights under 42 U.S.C. Sect. 1983 and the 14th Amendment’s equal protection clause, including conspiracy to violate her rights; discrimination against her based on race and national origin; and failure to provide adequate language interpretation. The defendant’s motion to dismiss was denied, and the court opened general discovery to investigate the plaintiff’s claims.