The following excerpt is from Wood v. Kern Cnty. Child Protective Servs., Case No.: 1:14-cv-00472 - --- - JLT (E.D. Cal. 2014):
Though Plaintiffs argue that they did not appreciate that the officers needed a warrant to remove the children until March 25, 2012, even this date is more than two years before the complaint was filed. Moreover, of course, the date the statute of limitations began to run was not when Plaintiffs finally learned of the requirements for the lawful removal of the children from their care, it was when they knew the "critical facts" of the injury which is "that [s]he has been hurt and who has inflicted the injury." United States v. Kubrick, 444 U.S. 111, 122 (1979). Here, when the children were removed from the home, Plaintiffs were aware of the injurythe forced entry into the home and the wrongful removal of the childrenand who inflicted the injurythose who entered and removed the children. It is of no moment that Plaintiffs did not know all of the legal theories upon which they contended the entry and removal were wrongful; they knew they had not abused the child and knew that their other children were not at risk of abuse. Thus, the cause of action accrued no later than mid-July 20071 and, because the complaint was not filed until April 2, 2014, the statute of limitations has expired.
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