Did the Government Illegally Take Their Children?
Written by: Sam Orlando
HARRIOSNBURG, VIRGINIA – What if government officials showed up at your home late at night and took your children—without a warrant, without a court order, and without telling you why?
That’s exactly what a Virginia couple claims happened to them. Now, they’re fighting back with a federal lawsuit, accusing Child Protective Services (CPS) and a local judge of violating their constitutional rights.
Crystal and Gary Allman, of Weyers Cave, VA, say Augusta County CPS illegally removed their children on September 14, 2024, without providing any evidence of immediate danger. They claim they were later misled by the courts, denied due process, and discriminated against under disability laws.
The Allmans have now filed a lawsuit in U.S. District Court for the Western District of Virginia, naming Augusta County CPS, the Augusta County Juvenile & Domestic Relations Court, and Judge Linda Jones as defendants. Their legal complaint, filed under 42 U.S.C. § 1983, accuses CPS and court officials of:
Violating their due process rights under the Fourteenth Amendment
Judicial misconduct
Fraudulent actions in court
Discrimination under the Americans with Disabilities Act (ADA) and the Rehabilitation Act
Now, the couple is seeking an emergency order for the immediate return of their children—and accountability for what they call an egregious abuse of power.
Allegations of Unlawful Child Removal
According to court documents, on the night of September 14, 2024, CPS caseworkers—accompanied by two Augusta County deputies—arrived at the Allmans’ home at 10:15 PM. The couple claims officials took their children without showing a warrant or court order, despite federal and state laws requiring such legal authorization unless there is a clear and immediate danger.
Even more alarming, the lawsuit alleges that CPS refused to explain why they were removing the children. Officials reportedly claimed they were acting based on a “reliable source”, but never provided further details.
For the Allmans, the ordeal didn’t end there. They claim that when they went to court three days later for their September 17, 2024 hearing, they were misled by the court clerk, who told them that no hearing was scheduled.
But according to the lawsuit, the hearing did happen—without them.
The couple alleges that their children’s custody was decided behind closed doors, in direct violation of their Fourteenth Amendment right to due process.
Claims of Misrepresentation and Judicial Bias
The lawsuit also accuses CPS of falsifying evidence to justify keeping the Allmans’ children in custody.
At the center of this claim is a drug test taken by Gary Allman. According to the lawsuit, CPS misrepresented his hair follicle test results, falsely asserting that he tested positive for extreme levels of drug use.
In reality, the lawsuit states, medical reports showed that his results were consistent with a one-time relapse—not habitual drug use.
The couple also alleges serious misconduct by Judge Linda Jones, claiming that she:
Denied every motion filed by the Allmans.
Blocked them from presenting evidence in their defense.
Signed an invalid warrant that lacked proper judicial authorization.
Appointed a lawyer for Crystal Allman without her consent—and later reappointed him as her Guardian ad Litem, even after she fired him.
According to the lawsuit, these actions not only violated the Allmans' parental rights but also demonstrated clear bias against them.
Allegations of ADA and Rehabilitation Act Violations
The lawsuit further argues that CPS and the court discriminated against Crystal Allman because of her disabilities.
Crystal has been diagnosed with depression, anxiety, ADHD, and bipolar disorder. Under Title II of the ADA and Section 504 of the Rehabilitation Act, government agencies are required to provide reasonable accommodations to individuals with disabilities.
However, the lawsuit claims that instead of providing accommodations, CPS and the court used her condition against her.
One of the key allegations is that when Gary Allman was removed from court proceedings, Crystal was left without the support she needed—which, the lawsuit claims, directly violated her rights under disability laws.
Seeking Emergency Relief and Return of Children
The Allmans have now turned to federal court, demanding immediate action. Their lawsuit asks the court to:
✅ Issue an emergency order returning their children to them.
✅ Declare that CPS and the court violated their constitutional rights.
✅ Prevent CPS from further unlawful interference in their parental rights.
✅ Hold CPS accountable for violating federal law.
In addition to the constitutional and disability rights violations, the couple argues that CPS failed to follow federal guidelines under Title IV-E of the Social Security Act, which requires agencies to make reasonable efforts to prevent child removal before resorting to foster care.
Legal Implications and What Comes Next
Legal experts say this case raises serious constitutional questions about parental rights, due process, and disability discrimination.
Federal courts have repeatedly ruled that government agencies cannot remove children from parental custody without due process, except in cases of immediate and severe danger. If the Allmans’ claims are accurate, this could be a major case of government overreach.
So far, CPS and the Augusta County court have not responded publicly to the lawsuit. The case, Allman v. Augusta County CPS, et al., is pending in the U.S. District Court for the Western District of Virginia under Case No. 5:25-cv-00010.
A hearing on the emergency motion has not yet been scheduled.
What Happens Next?
This case could have major implications for child welfare policies, parental rights, and government accountability.
The outcome could determine whether CPS and court officials will be held accountable for allegedly violating federal and constitutional protections.
For now, the Allmans continue to fight for the return of their children—and justice.
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