US Supreme Court, Families, On-Trial Again: Loudermilks v. Joe Arpaio


FOURTH AND FOURTEENTH AMENDMENT

ON TRIAL AGAIN, US SUPREME COURT,

 LOUDERMILK V. JOSEPH ARPAIO 

US Supreme Court, Parents and Private Property, “Children,” On-Trial Again

But Will They “Rain-in Kid Grabbing Enforcers”

on Fourth and Fourteenth Amendment

US Constitutional Grounds?

 

To resolve a Circuit Court split,  The US Supreme Court, once again (recall a differently tracked case in 2011–Sacks v. Sacks,  on writ of certiorari from Florida) must decide whether or not to decide the rights of parents to stand their ground against unlawful, illegal, thus, wrongful and unreasonable search and seizure of their private property described as “children” against  Child Protective Services in collaboration with police officers within the context  of Amendment IV  (read note 1)and Amendment XIV (read note 2)(interpreted in this context, right to “family integrity”), Federal US Constitution , or,  The Constitution for the united States of America, (1776), Bill of Rights ratifies and applies directly to the people through the Fourteenth Amendment (Amendment XIV) to the same, The Constitution for the united States of America (1776), Bill of Rights ratifies and applies directly to the people.  

Regarding private property rights, one’s own body, “child” as mentioned by author above,  citing natural, God-given and implied rights (US CONST.amendment.IX)(read note 3) and common sense. (read also, (Meyer v. Nebraska, 262 U.S. 390 (1923)) ;  (Wisconsin v. Yoder, 406 U.S. 205, 232, 32 L. Ed. 2d 15, 92 S. Ct. 1526 (1972)) ; Board of Directors v. Rotary Club, 481 U.S. 537, 545, 107 S. Ct. 1940, 95 L. Ed. 2d 474 (1987)-quoting Roberts v. United States Jaycees, 468 U.S. 609, 619-20, 104 S. Ct. 3244, 82 L. Ed. 2d 462 (1984)(holding that “The First Amendment protects those relationships, including family relationships, that presuppose deep attachments and commitments to the necessarily few other individuals with whom one shares not only a special community of thoughts, experiences, and beliefs, but also distinctly personal aspects of one’s life”) ; (Wallace v. Jaffree, 472 U.S. 38 (1985))), but not the incorrect Internet versions.

Regarding Fourth and Fourteenth Amendment issues that this case confronts,  read also, (Stanley v. Illinois, 405 U.S. 645 (1972)(holding that “[T]he integrity of the family unit has found protection in the Due Process Clause of the Fourteenth Amendment.”) ; (Schneckloth v. Bustamonte, 412 U.S. 218 (1973))( Lynumn v. Illinois, 372 U.S. 528, 534 (1963))(holding–holds, that where a mother confessed “only after the police had told her that state financial aid for her infant children would be cut off, and her children taken from her, if she did not ‘cooperate,’” the confession “must be deemed not voluntary, but coerced.” In other words, when the state issues an ultimatum to a parent—cooperate or lose your kids— the parent’s “will has been overborne and his capacity for self-determination critically impaired.” Schneckloth, 412 U.S. at 225)) ; (Croft v. Westmoreland County of Children and Youth Services, 103 F. 3d 1123 (3d Cir.1997))(holding that a CPS investigator’s ultimatum to the father to move out or have his children placed in foster care violated the family’s right to family integrity)([A] state has no interest in protecting children from their parents unless it has some reasonable and articulable evidence giving rise to a reasonable suspicion that a child has been abused or is in imminent danger of abuse.”)) ; (Tolan v. Cotton, 134 S. Ct. 1861, 1866 (2014)(holding that “in cases alleging unreasonable searches or seizures,” courts “must take care not to define a case’s ‘context’ in a manner that imports generally disputed factual propositions” into the clearly established prong of qualified ‘immunity’ when considering a motion for summary judgment ; (Doe v. Heck, 327 F. 3d 492 (7th Cir. 2003))(holding that an unjustified threat by CPS investigators to remove children from the custody of their parents if they failed to cooperate stated a claim under the Fourteenth Amendment).Note that in Doe, the threat was made by phone, not in person at the home with several deputies present ; (Read also,  Hope v. Pelzer, 536 U.S. 730, 739 (2002))(holding that, “Moreover, officials can still be on notice that their conduct violates established law even in novel factual circumstances.”).

Neither was this a case in which, regarding “exigent circumstances,” CPS investigators/police were not “forced to make a split-second decision in response to a rapidly unfolding chain of events.” (citing  Ryburn v. Huff, 132 S. Ct. 987, 992 (2012). 

The Home School League Defense Association Team, initially lead by attorney Michael Farris and his crew, have managed to see this case through to the top in what has been what some might describe as a roller-coaster of a ride.  The United States Ninth Circuit Court of Appeals, for Arizona, overturned a great ruling by (Hon.) Judge Earl H. Carroll   in the case of parents John and Tiffany Loudermilk’s at the trial court level in 2007.  The case arose out of Sheriff Joseph/”Joe” Arpaio’s notorious Maricopa County.  Click on t he link below to read  The Homeschool League Defense’s petition on writ of certiorari below, but for the parents.  Notably, each and every such association has consistently failed mothers and their healthy and he/r private property, “child.”  Reporters or editing censors for WND and The Houston Chronicle, and now, even The Houston Press, and even Randy Wallace also had the opportunity  to pick-up certain stories that it lost, for whatever un-reason.  For whatever other reasons, T.S. Radio Show and host, Marti Oakely and he/r NASGA group did pick-up opportunities others evaded their duty to Americans to report the real truth, and all sides, or, “dimensions,” of it.

Reporter for WND, link to story below, neglects to mention that in addition to the Third (3rd) and Seventh (7th) US Circuit Courts’ stance, the US Fifth (5th) Circuit Court of Appeals also decided that “from now on” it is clear that police officers and child protective services workers “will not” ‘receive’  (good faith or “qualified,” nor “absolute”) “immunity,” in the groundbreaking Gates v. Texas Department of Regulatory and Protective Services case (2008), that CPS and police officers would no longer receive qualified or absolute “immunity” for snatching children in collaboration (see “collaborative”–conspiratorial–Memorandum of Understanding/”MOU’s” which are usually required to be signed by individual counties, cities, and municipalities between child protective services and police or code enforcement “peace” officers or “CERTS”).  Read Croft v. Westmoreland County of Children and Youth Services, 103 F.3d 1123 (3d Cir. 1997) Doe v. Heck, 327 F.3d 492 (7th Cir. 2003).

 It is this primarily First, Fourth Amendment , Fifth, Eighth, Ninth, and Thirteenth Amendment u.S Constitutional issue, and also natural and implied guaranteed “inalienable” and “unalienable” rights guaranteed, “life, liberty, and the pursuit of happiness,” currently presented, on reverse and remand on subject matter jurisdiction, to the Federal US Court for the Southern District of Texas, Houston division in the case possibly mislabeled or entered by clerks as “Saloom v. Texas Department of Family and Protective Services, et al” (4:13-cv-1002, US SDTX; read also USCA 13-20605, Fifth Circuit Court of Appeals), currently stayed by order of Texas State  Attorney General’s Litigation Division and Texas District and County Clerk’s and Court Reporter/Recorder’s International Association, which has also wrongfully refused to enter police officers as defendants on the same docket on which they are substantively and properly included.  

Read also, Federal “civil” and u.S. Constitutional and federal rights, The Civil Rights Act of 1871, re-codified as The Civil Rights Act of 1964,  statutes 42 U.S.C., sections 1983 (violation of rights under color of law) , 1985 (conspiracy against rights), 1986 (“neglect to protect,” or, “Good Samaritan” laws), and 1988 (The Civil Rights Attorney’s Fees Award Act of 1976), Privacy Act of 1974, Title V, section 552 (a) and alleged “revised” law, Freedom of Information Act), Federal Criminal law statute,  18 U.S. Code Chapter 96,  §§ 1961-1968- RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT of 1970 (“RICO Act of 1970“).

God bless the real America, and especially the mothers and their private property described as “children” by profiteering “States” and clearly for profit “non-for-profit” “joint public-private” ventures all across America via the Federal Social Security Act, Titles IV-A, B, C, D, and E, and Responsible Fatherhood and Healthy Marriage Initiative and Child Support Enforcement/Victim’s Assistance Programs, who, now more than ever, have earned the blessing by anyone’s “objective” standards.

The following  cases need also be preserved for the next Nuremberg trials (though some some nunc pro tunc, and already decided):

Amy and little Markel Charron (Harris County, Houston, Texas) Sandra/”Sam” Grazzini-Rucki and teenagers (Dakota County, MN), Kimberly Sperling (Minnesota), Leah Banken-Dannewitz and children (Carver County, Minnesota), Caroline Rice and children (Minnesota), Sunny Kelly and little Max (Connecticut), Lori Handrahan and little Mila (Maine), Sharon and Bill and little Donnelly Keaton Burns (Riverside County, California),  Miriam Blank and daughters, Kayla, Gabrielle, Zipporah, Daphna, and Hannah (Harris County, Houston, Texas, transported to Utah with, among others, Norma Willcockson), “Michelle” and Jack and Thomas Murphy (Newnan, Georgia, Coweta County), Rubi and little Lexi Dillon (Orange County, California), rather, “Tammy” and “Jonah” “Rief,” Mary Seguin (Rhode Island), mother of Amy Dye in Kentucky, though Amy is gone, but not forgotten, the real parents of little Alexandria Hill, gone, but not forgotten (Austin, Texas; Travis County; Rockdale, Texas; Milam County),  Cherie Safapou and little Saam (Marin County, California), Linda Marie Sacks and he/r two daughters (Ormond Beach, Florida), Robin Carr and Laura and Matthew (Rockwall, TX, Dallas County, a Tyler, Texas substitute judge, and KY state police), Kathy Lee Schlopp and son (Rhode Island and Massachusetts state police), Nancy Kovacic and private property described as ” children” (Cuyahoga County, Ohio; US Sixth Circuit court denied summary judgment to police and cps workers for unlawful “removal”);  Andrea Lebow and little Kendall (Amarillo, Texas; Potter County), Maribel Vega (San Antonio, Texas; Bexar County), mother of, now gone, but not forgotten, little girl Logan Marr (Maine), “little angel,” now gone, but not forgotten, Anna Celeste Lowe  and he/r mother and brother who survive he/r (Louisiana),  Michelle Mammaro and little Daniella (Phillipsburg, New Jersey), Tina Kufner, Theola Nealy and three children, including he/r baby daughter who was given exclusively to reported rapist social worker, Peter Nelson (Milwaukee, Wisconsin), E.J. Perth (US Virgin Islands), “Emily Court” (Minnesota), Kyla Estes, mother of Baby Lance (Maple Valley, Washington; King County; Port Orchard, Washington; Kitsap County), “J. Molly Murphy” and lost little boy (Texas), “Mad Angel,” Angela and he/r children (Washington State), Emily Joy Lake and mother, Lynae Lake, a.k.a. “Anne White” (Portland, Oregon Multnomah County; Michigan), Monika and little Dylan Wesolowski (Virginia, Illinois), Pamela and Will Gaston, daugher, Melissa, and family (Oregon; Marion County),  Rebecca McLaughlin (Massachusetts), now passed, but not forgotten, little Buddy Cook and his foster family with Angel Cook and also natural mother (Cleburne, Texas),  Rachel Alintoff (Monmouth County, New Jersey), Patricia Pisciotti (Monmouth County, New Jersey), Karin  Wolf (Monmouth County, New Jersey), Karen Anderson and child, as reported (Davis, California; Yolo County),  Deborah Lynne Connor, as reported (Tarrant County, Texas near Dallas/Fort Worth, Utah, Montana), Connie Bedwell and little Aaliyah (Placer county, California); Jan Pittard (Tarrant County, Texas near Dallas/Fort Worth), Kathy Seidel and Katia (Tarrant County near Dallas/Fort Worth, Texas), Michelle Greaves (Massachusetts, New Jersey), Melissa Harris (Connecticut), Megan and Baby Alexander (Connecticut), Susan Skipp (Connecticut), Marina (Connecticut), Justina Pelletier and family (Massachusetts), Patricia Moodian and he/r sons (Alameda County, California; settled); Johneisha Kemper and baby girl (Los Angeles, California); Misty Lynn Williams (Sallisaw Oklahoma; Sequoyah County; corrected by federal judge in Oklahoma City, lawyer defending, Ty Clevenger ); Deanna Fogarty-Hardwick and he/r two daughers (Seal Beach, California; Orange County; corrected with aid of lawyer, Shawn McMillan); Stacy Lynn and he/r little boy (Fort Collins, Colorado), Linda Wiegand and sons, one of whom is named “Ben” (Connecticut), Jennie Morton and he/r little children (Conroe, Montgomery County, Texas just north of Houston), Maile and little Hayden (California), now passed, but not forgotten, little “Lookie Pookie,” Luke Boruskiewicz and mother and father, Linda Jo Martin and lost child, Yvonne Mason, Connie Valentine, “Mississippi Mom” and lost daughter, Miranda’s mommy,  Trish Schaefer (Harris/Montgomery County, Houston, Texas),  now gone, but not forgotten, Kendrea Jackson, gone but not forgotten, and also he/r mother and baby brother who survive he/r (Brooklyn Park, Minnesota),  mother Lacey Bahr Dryer, who it was recently reported took he/r own life because rogue social workers stole he/r children (Parma, Ohio), so many more, and especially dear to author of this blog’s heart, my little julian-jacob: of family saloom (Pearland, Texas; Brazoria County; Houston, Tomball, Texas; Harris County).

John and Tiffany Loudermilk v. Joe Arpaio, Petition on Writ of Certiorari, June 12, 2015

http://www.hslda.org/hs/state/az/Loudermilkpetition2015.pdf

History of the Homeschool League Defense/Loudermilks’ Case 

http://www.hslda.org/legal/cases/loudermilk.asp

For more on this story, read  Bob Unruh’s reporting for WND,  Supremes Asked to Rein-in-Kid-Grabbing Enforcers, at   http://mobile.wnd.com/2015/07/supremes-asked-to-rein-in-kid-grabbing-enforcers/.

Notes

1.  The Fourth Amendment guarantees that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” U.S. CONST. amend. IV. 

2.  Section 1 of the Fourteenth Amendment provides that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the ‘privileges’ or ‘immunities’ of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” U.S. CONST. amend. XIV. 

3.  Amendment IX, The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

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