A Lincoln couple whose daughter was removed from their home two days after her birth is suing the state of Nebraska to get the girl back.

Charity and Michael Brown of Lincoln said in the lawsuit the removal was blatantly unconstitutional and, in particular, a violation of what they said is a First Amendment right to enjoy their family.

Lincoln attorney Bill Chapin filed the lawsuit in U.S. District Court Monday on behalf of the Browns. He could not be reached for comment.

The Nebraska Attorney General’s Office, which will represent the state in the lawsuit, had not yet been served with the complaint and declined comment.

According to the lawsuit, a baby girl was born to the couple Sept. 27. Two days later, according to the lawsuit, the Lancaster County Juvenile Court entered an order removing the child from the couple.

Chapin said in the lawsuit that the state terminated Charity Brown’s parental rights to three other children, now 5, 6 and 7, in July. He apparently is arguing the state removed the baby from the Browns because of the earlier terminations, and not because of any evidence the infant had been abused or neglected.

The lawsuit does not identify the baby’s location, but it claimed the state has thwarted the parents’ attempts to visit the girl.

Chapin is seeking a court order that would force the state to return the child to the couple until officials can present allegations that directly involve her welfare.

According to Lancaster County Juvenile Court records, Charity Brown’s parental rights to the other three children were terminated after she showed a pattern of neglect in their care.

Chapin said in the lawsuit that the Browns have appealed the termination order to the state Court of Appeals.

Reach Clarence Mabin at 473-7234 or cmabin@journalstar.com.