TEXAS CUSTODY-SWITCH BILL, “S.B. 423,” NUNC PRO TUNC MANDATES SEXUAL ABUSE BY CPS


S.B. No. 423
S.B. No. 423
AN ACT
relating to the flexible response system for investigations of
child abuse or neglect reports by the Department of Family and
Protective Services.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 261.3015, Family Code, is amended to
read as follows:
       Sec. 261.3015.  FLEXIBLE RESPONSE SYSTEM. (a)  In assigning
priorities and prescribing investigative procedures based on the
severity and immediacy of the alleged harm to a child under Section
261.301(d), the department shall establish a flexible response
system to allow the department to make the most effective use of
resources to investigate and respond to reported [by investigating
serious] cases of abuse and neglect.
       (b)  Notwithstanding Section 261.301, the department may, in
accordance with this section and department rules, conduct an
alternative response to a report of abuse or neglect if the report
does not:
             (1)  allege sexual abuse of a child;
             (2)  allege abuse or neglect that caused the death of a
child; or
             (3)  indicate a risk of serious physical injury or
immediate serious harm to a child.
       (c)  The department may administratively close a reported
case of abuse or neglect without completing the investigation or
alternative response and without providing services or making a
referral to another entity for assistance [and by screening out
less serious cases of abuse and neglect] if the department
determines, after contacting a professional or other credible
source, that the child’s safety can be assured without further
investigation, response, services, or assistance.
       (d)  In determining how to classify a reported case of abuse
or neglect under the flexible response system, the child’s safety
is the primary concern [The department may administratively close
the less serious cases without providing services or making a
referral to another entity for assistance.
       [(a-1)     For purposes of Subsection (a), a case is considered
to be a less serious case of abuse or neglect if the circumstances
of the case do not indicate an immediate risk of abuse or neglect
that could result in the death of or serious harm to the child who is
the subject of the case].
       [(b)]  The classification [under the flexible response
system] of a case may be changed as warranted by the circumstances.
       (e)  An alternative response to a report of abuse or neglect
must include:
             (1)  a safety assessment of the child who is the subject
of the report;
             (2)  an assessment of the child’s family; and
             (3)  in collaboration with the child’s family,
identification of any necessary and appropriate service or support
to reduce the risk of future harm to the child.
       (f)  An alternative response to a report of abuse or neglect
may not include a formal determination of whether the alleged abuse
or neglect occurred.
       (g) [(c)]  The department may implement the alternative
[flexible] response in one or more of the department’s
administrative regions before implementing the system statewide
[system by establishing a pilot program in a single department
service region]. The department shall study the results of the
system in the regions where the system has been implemented
[region] in determining the method by which to implement the system
statewide.
       SECTION 2.  Not later than December 1, 2013, the executive
commissioner of the Health and Human Services Commission shall
adopt the rules necessary to implement Section 261.3015, Family
Code, as amended by this Act.
       SECTION 3.  This Act takes effect September 1, 2013.
______________________________ ______________________________
   President of the Senate Speaker of the House
       I hereby certify that S.B. No. 423 passed the Senate on
April 4, 2013, by the following vote:  Yeas 30, Nays 0.
______________________________
Secretary of the Senate
       I hereby certify that S.B. No. 423 passed the House on
May 15, 2013, by the following vote:  Yeas 145, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
            Date
______________________________

Robin’s Story, and also for Matthew, Laura, and Christopher|Rockwall/Dallas, Texas


Sixteen Years Without Children and Life to Go

Robin Karr’s Story, and also for Laura, Matthew, and brother, Christopher Karr, who will not be silenced, that you shall come home to your Real Mommy who Refuses and Refused Offer of Silence–No Con tract, Judges!

Robin Karr.Rockwall.TX.Judge Cynthia Kent.any relation to federal impeached judge Samuel Kent who my sons paternal aunt was law clerk for.Supervised_Visit_Police_Station.242215910_std

Robin Karr with Baby Laura and Matthew Duckworth near Rockwall, Texas (near Fort Worth/Dallas, Texas)

Robin Carr.Rockwall.Tx.family court fraud and abuse.me-matthew-and-laura-2004-150x150

JUSTICE.WALL OF SHAME.NJCOURTCORRUPTION.DEREK SYPHRETT

 

JUDGE CYNTHIA KENT.SMITH COUNTY TX.TYLER.KIDNAPPER OF ROBIN KARR'S CHILDREN NEAR ROCKWALL TX SIXTEEN YEARS NO CONTACT

 Judge Cynthia (Stevens) Kent, ret., 114th court

Tyler, Texas

(SMITH COUNTY)

 Judge Sue Pirtle,

 NOT PICTURED FOR FEAR OR COWARDICE LEST S/HE, TOO, SHALL BE JUDGED BY GOD ALMIGHTY

Former Judge Sitting by Assignment (Visiting Judge)

State of Texas

January 2000 – Present (15 years 4 months)State of Texas (Region I)

Family, Civil, Criminal

DID WE HAVE THE SAME JUDGE, OR

JUST THE SAME FRAUDULENT FAMILY COURT R.I.C.O.

COURT CON?

 

The haunting melody of the nostalgic voice of the untimely, tragically gone, but not forgotten songstress, Karen Carpenter’s recording of “Yesterday Once More” is the soundtrack for the paralyzing feeling that what all of us mommies  who are still  reading  so strongly knew we were surely “imagining,” but could not be, the rote rehearsal style routine practice and patterned protocol and procedure suborned and commissions pre-packaged, pre-priced, pre-screened, pre-determined outcomes, the levels funding based kidnappings of our sweet little healthy, happy, adoptable children by the family courts in Texas, below:

Judge Cynthia Kent Grants Custody to an Abuser

 

January 5, 2000
Judge Cynthia Kent
c/o Elaine Holmes

RE: Cause No. 1-98-435 (382nd District Court, Rockwall County, Texas)
IN THE MATTER OF THE MARRIAGE OF EDWARD NEIL DUCKWORTH AND
ROBIN LEE DUCKWORTH AND THE INTEREST OF MATTHEW NAKAI
DUCKWORTH AND LAURA DANIELLE DUCKWORTH MINOR CHILDREN

Dear Judge Kent,

I am the co-founder of Children And Loving Parents (CALP)-a chartered non-profit organization located near Rockwall Texas. I am writing in an effort, to appeal to your knowledge, your wisdom, your faith, and your conscious. I am writing on behalf of Robin Duckworth, however, I am not writing at her request. This letter serves two purposes:

1) To serve as evidence in the Duckworth file that CALP is very concerned about the integrity of both the judicial system’s actions and the actions of CASA and CPS in Robin’s case, and;

2) to bring to surface a few facts that you may have never known at the time you rendered your verdict.

We believe that the Duckworth case has been filled with trickery, deceit, mockery, and cruelty -none of which are desirable attributes for our legal and judicial systems.

I am sure that you agree. Unfortunately, the one’s who have suffered are the innocent children and their grieving mother.

We attended many of the hearings regarding this case, including the last part of the final hearing that you presided over. I couldn’t help but notice your references to family and the importance of parents in the lives of their children.

Without a doubt, CALP agrees with you- if the parent is a safe and good influence upon the children. Yet, we are perplexed and saddened at the many successful attempts to thwart Robin Duckworth’s good intentions.

Even worse, we are upset that he court system has not recognized these ‘tricks’ used by Ed Duckworth and his attorney to intentionally make Robin’s life miserable.

My question is this. What would you do as a mother to protect your children if you thought they were living in an unstable and unsafe environment?

Even a stubborn, proud, ‘never ask for help’ man would humble himself to ask every available person for help – again and again. You and I probably wouldn’t do this for ourselves, but we would for our children. Isn’t this exactly what Robin has done? Is this so wrong?

At what point did Robin act so inappropriate that she deserved to have her children kept from her. Did she break the law? No. (She was put in jail for crying and not leaving the courtroom when Judge Pirtle and Trish Verde refused to advise her as to when she could have her next visitation. Is this really ‘irrational’ when a mother hasn’t seen or held her children in a very long time?

By the way, why was she arrested for criminal trespass when there were still many other people in the courthouse? Why weren’t the other people that were present arrested for trespassing?)

Does Robin have a history of running away with the children? No. Does she have a history of hurting the children? No. Does she have a history of disobeying the courts? No. (Ed’s attorney stated that Robin had told the Kentucky court that she would not abide by the visitation decree from her first marriage. She may or may not have said that .. but, what did she do? She abided by the visitation decree very well. She even notified, in writing, the Kentucky court within 2 weeks of when she moved to Houston. We are in possession of that letter. Unbelievably, Judge Pirtle did not allow that letter to be submitted into evidence.)

Now let’s compare the history of Ed and Robin. Robin graduated high school and college with honors. Ed barely passed high school. After almost 6 years in college he dropped out with a GP A below 2.0. Who held a job and supported the family?

Robin did. She worked at Dillard’s and excelled as a departmental manager. Ed failed to hold a job, including one stint as a car salesman. When they moved to Kentucky, Robin continued working at another clothing store. Ed attempted a gig as a local police officer, however he quit when faced with being tired for shooting and killing a chained dog.

While living in Kentucky Ed filed for divorce. In his affidavit to the court Ed stated Robin should be named the fit and proper caretaker of the children! He never alleged Robin of being unfit in any way as a mother.

However, wanting to salvage their marriage, Robin replied to the court that she did not believe their marriage to be beyond repair. (Wouldn’t anyone that takes their vows before God in a serious manner do all they could to save the marriage? Robin did – Ed didn’t.) Just think if Robin had given up as easily as Ed had, she would be the managing conservator of Matthew and Laura at this time.

Instead, Ed, his attorney, and the Texas judicial system have raked Robin over the coals and treated her like a criminally insane parent. Robin has always been the reliable provider for the children, yet she has been punished and ridiculed for her faith.

The reason: Supposedly she said something to Ed on a tape that was later played to Melody East, an unlicensed social worker with CASA. Melody East then recommended to Judge Pirtle that Robin have only supervised visitation because she expressed ‘alarming’ religious beliefs and had made ‘alarming’ remarks.

One such remark was, “I hope God takes your lives if you continue to harm the children.” How did this statement start ridiculous allegations that Robin might harm her children?

Personally, I also wish that God would remove all child abusers from the earth. Does this make me a danger to children? No. It doesn’t make Robin a danger to her children either.

Also, Melody East never completed the social study. She never interviewed Robin’s mother or Robin’s other references. Incredulously Melody never spoke to the number one witness Christopher Karr. Christopher is Robin’s son from her first marriage.

Christopher witnessed Earnest Duckworth’s (Ed’s father) verbal, mental and physical abuse first hand. In fact, Christopher had written several letters to friends about the abuse well before Robin moved out of the Duckworth house.

Wouldn’t these letters be undeniable evidence that abuse was taking place? Wouldn’t Christopher’s testimony have been the most important evidence in this case?

Yet, Melody East never spoke to Christopher or Robin’s other witnesses. In addition, Judge Pirtle would not allow Christopher’s letters into evidence.

Even mare appalling- Robin’s witnesses were never allowed to testify. All of her witnesses came to trial on Feb. 26, 1999. Robin had at least 4 witnesses including her mother, one cousin, Christopher, and a close friend from Houston who had known Robin and Ed when they lived there. Robin’s witnesses traveled a combined distance of almost 3000 miles.

Unbelievably, Judge Pirtle made no offer to let Robin’s witnesses testify since they had come such a great distance. Instead, Judge Pirtle allowed Ed’s attorney, Charles Schuerenburg, to ask questions (stall for time) to Melody East, Tish Verde, and others. Judge Pirtle knew that Robin could not afford to fly her witnesses down a second time.

We believe that Judge Pirtle knowingly and purposefully hindered Robin’s right to a fair trial by not giving her witnesses the opportunity to testify. Judge Pirtle even scheduled the second half of the trial nearly two weeks away, instead of the following Monday, insuring that Robin’s witnesses would not testify.

In addition, sanctions were imposed against Robin and her attorney for filing a supposedly ‘frivolous’ report to CPS and requesting a Protective Order concerning abuse that Robin felt had occurred at the hands of Ed’s father. (Perhaps, Judge Kent, you were not knowledgeable of all the facts when you sanctioned Robin. That is what we hope.)

Doesn’t state law require that a person must report confirmed or suspected abuse to a child?

Mr. Duckworth’s attorney tried to make Robin look like a liar, because she didn’t report the abuse at the time it happened. Instead, he stated that she was now conveniently making it up since there was a battle for the children. How absurd!

The facts show that Robin and Ed were living in the home of Mr. Duckworth at that believe they can protect their children until they can develop an escape plan away from the abuse. Once again, the facts show that Robin moved back to Kentucky shortly after the abuse.

Doesn’t the fact that every time Robin saw her children with substantial bruises (I have pictures.) and reoccurring sickness during each visitation also give cause for concern, suspicion and reporting?

Doesn’t the fact that the two children have been to the doctor and/or hospital 31 times in 10 months give rise to concern and suspicion? Doesn’t the fact that she witnessed abuse while living with Ed’s parents cause concern?

Doesn’t the fact that Christopher, Robin’s oldest son, wrote letters concerning the abuse to friends before the court case started (I have copies) give cause for concern and suspicion?

Doesn’t the fact that Christopher also signed an affidavit confirming the abuse give cause for concern and suspicion?

Betty Hable, director of the Ombudsman’s office, has even confirmed that CPS has concerns that the paternal grandfather was physically abusive toward Matthew.

We are very troubled that you fined and penalized Robin for reporting suspected abuse when she was faced with disobeying the law if she didn’t report her suspicions! We are even more upset with the fact that Robin is reprimanded from making any other allegations of suspected or confirmed abuse. I ask, is this justice?

How could this happen? How did Robin get fined for doing what is right? I know we all make mistakes. I’m willing to admit that I do. I hope that you too are willing to admit that you made a mistake in your judgements against Robin. I hope even more that you will do all you can in your judicial authority to correct this wrong and make it right. Robin is not an insane mother making improper allegations. She is a protective, caring, loving mother that wants to see her children in a safe, nurturing environment. Once again I ask. what would you do .. not as a judge – but as a Christian and a mother?

Now Robin faces yet another obstacle – meeting the demands of a visitation decree that is both confusing and extremely burdensome. In your judgement you stated that you believed Robin had a medical problem that required medication. Then, being sure of your evaluation, you based the decree upon Robin seeing a psychiatrist and taking the medicine that they would prescribe her. But what was to happen when Robin’s nationally acclaimed psychiatrist did not find Robin to be in need of medication- but only finds her to be severely depressed due to missing her children (a natural response for a concerned, loving mother)?

In addition, you required Robin to line up a psychiatrist within a month. Finding a psychologist is relatively easy but a psychiatrist can take months! (My wife and I have been searching for a psychiatrist to evaluate our daughter’s ADHD. The shortest waiting list we found was 5 months!)

It took Robin a month to line up her psychiatrist. ‘This automatically made her miss the first date (July 1) you had based her visitation rights upon.

However, since acquiring a psychiatrist she has tried to do everything stated concerning her psychiatric evaluations.

However, Ed’s attorney has written a letter stating that they will seek to have her thrown in jail for not following the order. In addition. Robin has not been able to afford trips to Texas to see her children.

She has another son that she must take care of. His father has not been paying child support, which makes things even more difficult for Robin. With the psychiatrist and expenses she has been forced to rely only upon phone calls to stay in her children’s lives.

But this has been made even more difficult due to the fact that Ed will not answer the phone and has turned off his answering machine – all in an effort to distance Robin’s children from her.

However, through all of this, Robin saved enough money to buy birthday and Christmas gifts and a plane ticket to Dallas during November. Once again, Robin did everything she thought she was supposed to do according to the visitation decree.

She sent letters to Ed and the District Clerk. by Nov. 1, 1999, concerning her psychiatric evaluation(s) so that she could see her children on Nov. 13·14.

She sent all letters certified mail. She took 4 days off work to come to Rockwall to see her children, even though Ed’s attorney, Charles Schuerenberg, threatened to get a bench warrant for her arrest if she came to Rockwall.

Despite all this, she still came to see her babies. If that’s not true love I don’t know what is. Upon arriving in Rockwall, Robin gave my wife and I a notarized statement to act as the competent adults to pick up the children -just as stated in the decree. We felt this would
definitely be better for the children since it would avoid any possible conflicts between Ed and Robin. Upon arriving at Ed’s house, Ed absolutely refused to hand over the children.

Ed then ran back into his house and called the police. When the police arrived Ed fabricated a lie and told the officers that he had spoken to Robin’s psychiatrist the day before and that her psychiatrist was sending a second letter forbidding Robin to see the children! We then asked the officers to ask Ed if he would allow Robin to see the children for a supervised visitation the next day.

The officers told my wife and I that Ed made it clear to them that he would never let Robin see the children again no matter what! The officers then advised us that we needed to keep a good paper trail of what had occurred. We were then told that Robin needed to go to the police station and file “Interference with Child Custody”, which is what she did.

Robin was never allowed to see her babies. Can you believe she has never been allowed to celebrate either of Laura’s birthdays? She has never celebrated Christmas with her either.

How discouraged would this make you feel as a mother? Yet, Robin somehow finds the courage and desire to hang in there. Robin loves and misses her children deeply.
Now Robin’s good intentions are once again being turned against her. Charles Schuerenberg has written Robin to threaten her again. He is using the visitation decree that he wrote, against her.

He stated that he intends to have her thrown in jail. I believe this is revenge for Robin filing “Interference with Child Custody” against Ed. What Ed did was wrong and downright mean!

Robin came 1200 miles to see her children, hold them, love them, and give them gifts.
Your honor, please listen to your heart on this matter. Robin is really doing her best. If shemoves here from Kentucky, her older son can’t see his dad. Either way, she gets slammed.

So she does her best. You even stated in your final words of the hearing that the order periods of possession would “be subject to very definitely financial ability.”

This tells me that you were trying to recognize Robin’s peril in paying for psychiatric sessions, making expensive trips to Texas, taking off from work, and juggling all the issues.

We are asking that you reconsider your order. We don’t believe that you ever meant to say Robin could not see her children in November if she didn’t get every psychiatric report completed in July.

It seems to us that you were saying Robin’s visitations were to be based upon her complying with her psychiatrist’s orders then submitting that compliancy letter from the psychiatrist before she attempted visitation.

If your order were interpreted in any other way then Robin’s inability to see a psychiatrist by July 1, 1999 would prohibit her from ever seeing her children again.

I do not believe that you is what you intended. However, Ed’s attorney is trying to have Robin thrown in jail based upon his manipulation of the visitation decree.

Robin had no choice but to file “Interference with Child Custody” against Ed. His actions as dictated by Texas state law are a criminal act, not a civil act.

Therefore, Robin had aresponsibility to file a report even though she did not obtain leave of court to do so. Robin’s report to the Rockwall police was not merely a ‘complaint’ but was a witness’ statement to a felony crime. The police made the choice to ask the D.A. ‘s office to bring charges against Ed.

We hope and pray that you will see things the same and not allow your instinct as a mother, a Christian, and a parent, to be clouded by your judicial experience in today’s corrupt society.

Sincerely,
Derek S.
Co-Founder and V.P.

Read also, http://janiemcqueen.com/wp-content/uploads/2013/04/Judgee-Pirtle-Wanted-for-Kidnapping.pdf

1.     Click on the link below to read mother and author, Robin Karr’s provocative case supported by strong evidence against, generally, but not limited to, “‘state’ of Texas,” and also on behalf of all maternally deprived mothers and children, being natural (wo)man and individuals,

http://www.motherswithoutcustodyworld.com

2.     Click on the link below to read Kentucky Senator Virgil Moore’s scathing letter against and addressed to, among other public officials, “state” and local Texas and social services and county officials on behalf of parents Doug and Kathie Harliss and their “business or commercial assets,”

http://www.motherswithoutcustodyworld.com/yahoo_site_admin/assets/docs/Kentuky_State_Senator_Letter_about_Texas_Taking_Children.250130237.pdf\

Mothers Without Custody World

Laura Turns Sweet 16

 

 

Robin Karr.precious Laura found.on facebook

Robin Karr’s Baby Laura, Sixteen Years Later, Found Picture on Facebook.com

Dear Laura, will you ever know how much your real Mommy, Robin Karr, loved, adored, and missed you every second of every minute of every day and painful, agonizing, most likely sleepless nights?  How could you?

Dear Robin, will you ever know what your little girl felt or the pain she felt without you?

How could she?

I I pray and hope with all ;my heart and real mommy of little Julian’s soul that you, Laura have come home to Mommy, whatever age.

From one to another mother whose child bought and sold  just shall surely find them out.

Fair Use and Legal Disclaimer (PROMINENTLY DISPLAYED):

Author of this blog, Dedicated to the Real Mommies and Daddies of the Real America, and our Children Who Want to Come Home, and Especially to My Little Julian, is not a lawyer, attorney, or legal practitioner, therefore, no information contained herein this post and/or blog could be (mis)construed as “legal advice.”  Anyone who exercises he/r rights, and private property sometimes called “child” for deceptive, possibly malicious or retaliatory, and profiteering/privateering and in the “best interests” . . . of the “state” Texas General and other Funds at one’s own peril, risk, and/ or self-fulfillment.  The choice is yours.

  • CENSORSHIP WILL BE PROSECUTED AS IT IS A FEDERAL OFFENSE IN THE THIS REPUBLIC USA, THE LAWS TO WHICH YOU WILL BE HELD ONE WAY OR ANOTHER!
  • (1)  This post is made in GOOD FAITH and for deterrent purposes against child abusers, alleged child abusers, and those who would maternally alienate fit, loving mothers and children from one another.
  • (2) Content in this post is protected by Julian’s Real Mummy’s First Amendment herein claimed rights as a natural-born American, “sovereign,” “elect” citizen pursuant to the Supremacy Clause of the uS Constitution and  Bill of Rights made applicable to the states via ratification and application of the Fourteenth Amendment to the Federal, uS Constitution and incorporated Bill of Rights, under the freedom of expression, freedom of association, freedom to peaceably assemble, and freedom to speech.
  • (3) All content in this post is also protected pursuant to the Federal statute 17 U.S.C., section 107 (“Fair Use”) as this content is solely intended for general knowledge, academic research, and/or entertainment purposes.
  • (4)  If anyone should desire, require, or demand a retraction or modification in part or in full, you must contact the author of this blog for fair notice to correct, pursuant to reasonable and lawfully obtained evidence supported by all legal and factual bases for your desire, demand, and/or requirement/demand, then contact Author of this blog immediately as fair notice and due diligence requires so that Author shall act lawfully and reasonably with expedience pursuant to any supplemental knowledge.

THE NEW ALANNA KRAUSE CASE| Nuszen, Gabrielle, v. Nuszen, Jack, et al. in the US Southern District of Texas, Houston Division


UPDATE: HANNAH NUSZEN(“H.N.,”)  

Transported to Solacium

New Haven Residential Treatment Center in

Utah . . .

to be Silenced, at Best

  1. Christina Wanies-Guirgis
    Texas Bar No. 24084772
    9555 W. Sam Houston Pkwy S., Suite 130
    Houston, Texas 77099
    Tel: (832) 582-8331
    Fax: (832) 379-7490
    Christinaw@waniesguirgispllc.com

       Thomas M. Burton via pro hac vice
        Utah Bar No. 00518
       California Bar No. 035856
       P.O. Box 1619
       Salt Lake City, Utah 84110
       Tel: (801) 918-1656
       Thomasburtonlaw@aol.com

     ATTORNEYS FOR GABRIELLE NUSZEN

IN THE UNITED STATES DISTRICT COURT
IN AND FOR THE SOUTHERN DISTRICT OF TEXAS
______________________________________________________________

GABRIELLE NUSZEN, an individual and Guardian ad Litem for her minor sisters,

H.N., K.N., D.N. and Z.N., Minors,

Plaintiffs,

vs.

JACK NUSZEN; SHANNON ORAND NUSZEN; KAREN GOLLAHER; JAY BEVAN; GUARDIANS OF HOPE, a Texas Corporation; NORMA WILLCOCKSON; DOE DEFENDANTS I through X, inclusive; and DOE DEFENDANTS XI through XX, inclusive.

Defendants.

Case No. _________________________

COMPLAINT FOR PERSONAL INJURY,

FALSE IMPRISONMENT;

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS;

NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS;

INVASION OF PRIVACY;

NEGLIGENCE; BREACH OF FIDUCIARY DUTY;

STRICT LIABILITY OF CARRIER;

CHILD ABUSE;

INJUNCTIVE RELIEF;

HABEAS CORPUS

JURY DEMANDED

     COME NOW, the Plaintiffs, GABRIELLE NUSZEN individually and as Guardian ad Litem for her minor sisters, H.N., K.N., D.N. and Z.N.

NATURE OF THE CASE

     This is a case brought by all five daughters of Defendant, JACK NUSZEN (hereinafter “JACK”), their physically and emotionally abusive biological father, seeking protection from him notwithstanding physical custody that Harris County has negligently bestowed upon him in defiance of medical reports of serious and repetitive physical and emotional abuse that he has visited upon them. JACK has been able to buy immunity from prosecution for child abuse in the family courts of Harris County, and has defied a Harris County custody order with impunity. Harris County agencies charged with protecting the Plaintiffs from JACK suffer from extreme laxity of duty and neglect of care, forcing the Plaintiffs to resort to this Court to protect their freedom and their constitutional rights.

PARTIES

1.      Plaintiff, GABRIELLE NUSZEN, (hereinafter “Gabrielle”), is a citizen of the State of [CONFIDENTIAL].
2.      Plaintiff H.N. has been held captive against her will and without her consent at several Utah licensed residential treatment centers — Aspen Assessment Center in Syracuse, Utah and New Haven Academy in Saratoga Springs, Utah for over a year, and has thus been forced to become a citizen of Utah.
3.      Plaintiffs, K.N., D.N. and Z.N., are minor citizens of the State of Texas, who have endured years of physical and emotional abuse at the hands of the Defendants, particularly JACK and SHANNON (referenced to below).
4.      Defendant, JACK NUSZEN, is the biological father of Gabrielle Nuszen and her minor sisters, H.N, K.N., D.N., and Z.N., and is a citizen of Texas.
5.      Defendant, SHANNON ORAND NUSZEN, is the wife of JACK and step-mother of Gabrielle and her minor sisters, H.N, K.N., D.N., and Z.N., and is a citizen of Texas.
6.         Defendant, KAREN GOLLAHER, is a psychologist appointed by the Harris County District Court and has failed and refused to protect any and all of the Plaintiffs.
7.       Defendant, JAY BEVAN, is a therapist appointed by Harris County and has failed and refused to protect any and all of the Plaintiffs.
8.        Defendant, GUARDIANS OF HOPE, is a Texas corporation that is an escort service that JACK paid to       take H.N. from her school and transport her across State lines from Texas to Utah to leave her stranded against   her will and without her consent.
9.       Defendant, NORMA WILLCOCKSON, is a Texas resident who owns and operates Guardians of Hope.
10.     Doe Defendants I through X are citizens of the State of Texas and employees of Harris County, Texas or   affiliated with it who, at all times material, were acting within the course and scope of their employment, or   authorization, as agents for the other named Defendants.
11.      Doe Defendants XI through XX were government agencies having regulatory powers and responsibilities   over the safety of the Plaintiffs, and the employees of said agencies, who at all times material were acting either within the course and scope of their employment and authorization, or else as individuals, but in either case as agents for the other named Defendants.

JURISDICTION

12.      Jurisdiction of this Court is invoked pursuant to: (a) 28 U.S.C. § 1332(a), (b), and (c); and (d) .  The    amount in controversy exceeds the sum of Seventy Five Thousand Dollars.

VENUE

13.      Venue is appropriate in this Court pursuant to the provisions of 28 U.S.C. § 1391(a), (b) and (c).

FACTS

14.      After Miriam Nuszen divorced JACK he thereafter manipulated Harris County into giving him primary custody of all five of his daughters.
15.      In that position JACK promoted, by a frequent and consistent pattern of false representations and suppressions of fact, that Miriam was afflicted with several levels of mental and emotional illness that adversely affected each and all of the Plaintiff children. He many times reported her and the children to The Department of Child and Family Services as part of a strategy to have them removed from their home with her, and to be placed with him for eventual shipment out of state in further retribution for the divorce.
16.      JACK established a pattern and practice of telling Harris County psychologists, counselors, judges, attorneys, police officers, and any and all other officials having anything to do with child care that Miriam was an inept and incompetent mother psychologically unfit to raise his daughters.

          Contrary to fact, Miriam is a brilliant health care industry employee whom each and all of the daughters      dearly love and wish to be with.
17.      Miriam filed a police report, on or about two years ago, alleging that JACK threatened to kill her and their children. However, the Court refused to listen to such evidence and testimony, and failed to take such a report into consideration in rendering the custody order. In fact, JACK has sexually and physically abused Miriam during the course of their marriage, as well as abuse the children on repeated occasions.
18.      JACK, however, is a sociopathic liar and abuser of his children. For this reason, he hired Defendant NORMA WILLCOCKSON, and her escort service to remove H.N. without warning and against her will and consent from her Texas high school where she was a very excellent student of sound character.
19.      JACK sent H.N. to Island View Academy in Syracuse, Utah.

See Exhibit A:

     Humana Provider Demographic Report Rendering Provider Name with Address. Island View’s philosophy is to deprive its participants of all contact with the outside world, to treat them with rudeness and hostility, and to punish them for disobedience by deprivation and physical abuse. Island View has been and continues to be the subject of much litigation and controversy over its mistreatment of the captive children under its supervision and control.

     The tuition costs are enormous for a program run by amateurs who have no concept of proper health care administration or behavior. It has received much notoriety and adverse comment on survivor sites for its maltreatment of adolescents kept captive in its care.
20.      The state of Utah licenses such places as “residential treatment centers,” but there is no transparency, no accountability and minimal regulation, mostly by low level social workers aided by minimum wage enforcers of mindless rules measured by forced behavior of mostly truants thrown together without discrimination about who needs what treatment and why.
21.      There was never any screening or adjudication that H.N. needed any type of behavior modification. H.N. was taken without warning and has been forced to survive at Island View Academy. It is now upon new information and belief that H.N. has been moved to New Haven Academy without anyone accounting for her welfare or condition, either physical or mental.

FIRST CAUSE OF ACTION: PERSONAL INJURY

22.       Plaintiffs incorporate by this reference the foregoing paragraphs as if stated in full.
23.       JACK, as father and custodian of H.N., had a duty to protect her, care for her, and keep her safe. JACK, however, breached his duty:
     a.      By failing to notify H.N. that he was going to send her out of state to Utah to be confined for the indefinite future at Island View Academy.
     b.      By failing to obtain H.N.’s informed consent to be confined at Island View Academy.
     c.      By failing to inform himself that Island View Academy was not a school, but a rigorous and punitive behavior modification technique reformatory, to which H.N. was not accustomed, and by failing to have determined by an independent physician or psychologist that there was any legitimate need to send H.N. to Island View in Utah for such harsh treatment that typically in adolescents causes post-traumatic stress disorder.
   d.      By failing to understand that H.N. would be put in the company of many young women who were truant, addicted to drugs, promiscuous, convicted of criminal behavior, and that they were at Island View not for recreation, education, or counseling, but for severe behavior modification.
     e.      By failing to consider whether H.N’s association with such individuals needing severe obedience training, often by rough handling and rude treatment, and that she would be there as well as the others under the overall assumption that everyone enrolled was truant, defiant, drug addicted, and sexually active, would be an appropriate placement for H.N. who was none of the above, but who would be likely contaminated by those who were.
     f.      By making a placement that would deprive, for an indefinite period, H.N. of any association and communication with her mother and sisters whom she dearly loves.
     g.      By instructing Island View Academy to prohibit H.N’s mother from having any contact with H.N., and not informing H.N. that she had not been abandoned by her mother and sisters, and that their not contacting her was due to their father’s prohibition carried out by the academies.
     h.      By keeping H.N. separate from her sisters with whom she has had no contact whatsoever for over a year.
24.      Miriam Blank, H.N.’s mother, along with her sisters, had a close, warm and loving relationship with H.N. As a proximate result of the described separation, JACK deliberately damaged and harmed H.N., her sisters and their mother.
25.      JACK’s conduct was malicious, wanton and in reckless disregard of H.N.’s health, safety and welfare, by reason of which she and her sisters are entitled to recover punitive damages.
26.      Plaintiffs pray that this Court order JACK to release H.N. from Island View Academy or New Haven Academy or wherever else he is hiding her, and return her to her sister and Guardian ad Litem, Gabrielle, in [CONFIDENTIAL].

SECOND CAUSE OF ACTION: FALSE IMPRISONMENT

27.      Plaintiffs incorporate by this reference the foregoing paragraphs as if stated in full.
28.      H.N. learned upon arrival at Island View Academy that its operation was designed to imprison her against her will and without her consent, and that she had no recourse by communicating with her mother to free her from the benighted treatment to which she was hopelessly subject. She sought to leave the program, but Island View restrained her from any contact with the outside world, and refused her request to return to her mother.
29.      JACK’s confinement of H.N. at Island View in Utah wrongfully violated the Texas custody order that governed his care and keeping of H.N. He knew that his daughter, H.N., was of an age where she had federal and state constitutional rights to due process and a liberty interest not to be unlawfully confined by any parent, with or without custody, in a punitive, isolated, foreign venue with no recourse or contact with family members or legal assistance to gain release. JACK also knew full well that Island View, in keeping H.N. captive and isolated, would cause H.N. to suffer severe emotional distress due to the punitive treatment she would receive and the absence from her mother and the Plaintiffs that she would suffer.
30.      JACK’s conduct was malicious, wanton and in reckless disregard of H.N.’s health, safety and welfare, by reason of which she is entitled to recover punitive damages against him.
31.      Plaintiffs pray for judgment as hereafter stated.

THIRD CAUSE OF ACTION: INTENTIONAL INFLICTION
OF EMOTIONAL DISTRESS

32.      Plaintiffs incorporate by this reference the foregoing paragraphs as if stated in full.
33.      JACK’s sordid history of physically hurting H.N. and locking her away from family, friends, teachers, coaches, and home without warning, and in a brusque, public, humiliating manner, as if she were a person severely mentally ill or highly truant, caused her grievous mental and emotional distress.
34.      JACK’s conduct was outrageous, malicious, wanton and in reckless disregard of H.N.’s health, safety and welfare, by reason of which she is entitled to recover punitive damages.
35.      Plaintiffs pray for judgment as hereafter stated.

FOURTH CAUSE OF ACTION: NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

36.      Plaintiffs incorporate by this reference the foregoing paragraphs as if stated in full.
37.      JACK had a duty to safeguard H.N. from demented hazing, denigration, isolation, confinement, and deprivation at his sole pleasure, and also not to inflict emotional distress on her sisters by depriving each and all of them from having contact with H.N. and she with them.
38.      JACK violated his duty to H.N. and her sisters by keeping them not only apart, but also in secret silence from each other, and their mother.
39.      JACK’s conduct was in reckless disregard of H.N.’s and her sisters’ health, safety and welfare, by reason of which Plaintiffs are entitled to recover punitive damages.
40.      Plaintiffs pray for judgment as hereafter stated.

FIFTH CAUSE OF ACTION: INVASION OF PRIVACY

41.      Plaintiffs incorporate by this reference the foregoing paragraphs as if stated in full.
42.      By having H.N. suddenly taken in broad daylight from her high school and in front of her peers by an escort service, and put in a Utah punitive behavior modification program totally isolated and silenced from all contact with family and friends, JACK cast H.N. in a false light as having done something so horribly wrong so that she was not fit to be trusted in normal society, including her own family.

43.      JACK’s conduct has caused Plaintiffs great mental and emotional distress.
44.      JACK’s conduct was malicious, wanton and in reckless disregard of H.N. and her sisters’ health, safety                 and welfare, by reason of which the Plaintiffs are entitled to recover punitive damages.
45.      Plaintiffs pray for judgment as hereafter stated.

SIXTH CAUSE OF ACTION: NEGLIGENCE

46.        Plaintiffs incorporate by this reference the foregoing paragraphs as if stated in full.

47.       JACK had a father’s duty to treat her with dignity, respect, and tenderness. He, however, negligently conceived, supervised, maintained and controlled H.N.’s negligent imprisonment at Island View Academy and New Haven Academy in the particulars set out above.

48.      JACK’s conduct proximately caused personal injury and emotional distress to H.N. for all of 2014, and there is every indication, unless this Court intervenes, that he will continue to keep her away from the Plaintiffs and her mother until her majority two years hence.

49.       JACK’s conduct is in reckless disregard of H.N.’s health, safety and welfare, by reason of which Plaintiffs are entitled to recover punitive damages.

50.      Plaintiffs pray for judgment as hereafter stated.

SEVENTH CAUSE OF ACTION: BREACH OF FIDUCIARY DUTY

51.      Plaintiffs incorporate by this reference the foregoing paragraphs as if stated in full.
52.      By enrolling H.N. at Island View Academy and New Haven Academy in Utah, JACK cavalierly transferred his fiduciary duty as custodian of H.N. to surrogate strangers of no known merit in a foreign state who would, in turn, take H.N. into an unknown isolated, inhospitable and unforgiving area in a captive situation. JACK signed a power of attorney, giving custody of H.N. to Aspen and New Haven, which is evidenced in the contract between JACK and the residential treatment centers.
53.      Island View and New Haven breached their transferred fiduciary duties as surrogates to act in H.N.’s best interest, which proximately caused H.N. to sustain great pain, suffering, bodily injury and feelings of abandonment, and the Plaintiffs to suffer grievous mental and emotional distress over the needless suffering and isolation of their sister.
54.      The conduct of JACK in abandoning his duties under Title 5, Section 151.001(a)(2) and (3) of the Texas Family Code in favor of unknown Utah surrogates of no merit and dubious reputation was malicious, wanton and in reckless disregard of his fiduciary duty to care for H.N.’s health, safety and welfare, by reason of which Plaintiffs are entitled to recover both general and punitive damages against JACK, their father, for splitting them up and sending H.N. away, never to be seen or heard from again, a likely destiny for the remaining younger sisters unless this Court intervenes to prevent such a prospect.
55. Plaintiffs pray for judgment as hereafter stated.

EIGHTH CAUSE OF ACTION: STRICT LIABILITY OF CARRIER

56. Plaintiffs incorporate by this reference the foregoing paragraphs as if stated in full.
57.      JACK, in hiring NORMA WILLCOCKSON, to transport H.N. from Houston, Texas into Syracuse, Utah had a duty to use utmost care and diligence for H.N’s safe carriage, and was under the obligations to provide everything necessary for that purpose and to exercise to that end a reasonable degree of skill.
58.      For the reasons above stated, NORMA WILLCOCKSON failed to use utmost care
and diligence for the safe carriage of H.N., but followed JACK’s instructions to take H.N., whose mother also had custody, from her to an undisclosed location, and to take her suddenly without warning, and against her will and without her consent, knowing full well that such transport had to do with minors who have constitutional rights not to be kidnapped by one parent from another, both of whom have custodial rights and duties to be with their children, and they with them.
59.      NORMA WILLCOCKSON does this transporting of young people across state lines as a lucrative business without checking to see whether or not the transportation is regulated by interstate compact, and knows that her cargo is going to be confined in lock-down captivity without due process or any way to escape.
60.      The conduct of NORMA WILLCOCKSON was in reckless disregard of H.N.’s, health, safety and welfare, by reason of which both H.N. and her sisters are entitled to recover punitive damages.
61.      Plaintiffs pray for judgment as hereafter stated.

NINTH CAUSE OF ACTION: CHILD ABUSE

62.      Plaintiffs incorporate by this reference the foregoing paragraphs as if stated in full.
63.      JACK, while having the care, custody and control of H.N., isolated her from her mother in an unfamiliar area of the Utah desert at Island View and New Haven academies, and did so in order to:
a.      Subject H.N. to conditions and circumstances likely to produce great bodily and emotional harm;
b.      Cause her to suffer, and negligently allowed to be inflicted upon her unjustifiable physical pain and mental suffering;
c.      Cause or permit her to be injured; and
d.      Cause or permit her to be placed in such a situation that her health would be endangered.
64.      Before H.N. was sent to Utah, JACK physically abused both H.N., Gabrielle, and all of her sisters as their individual affidavits will show. Gabrielle has endured abuse from her father; as noted in a physician’s statement regarding Gabrielle’s injury in 2010, “dad hit…in face…abrasion to inside of bottom lip.[Gabrielle] has bruise to lower back and 2 fingerprint marks to L. [left] side of neck. [Gabrielle] states dad held her under water…”

See Exhibit B: Physician’s Statement Regarding Injury to Gabrielle Nuszen;

see also Exhibit C: Gabrielle Nuszen’s Affidavit, dated September 29, 2013; also see Exhibit D: Physician’s Statement Regarding Injury to Kayla Nuszen.
65.      JACK’s cruel and reckless conduct toward these choice young girls is inexcusable and warrants this Court’s removal of JACK’s custody of and contact with his children hereinafter and forever.
66.      This Court has a duty to order a complete independent psychological assessment of JACK in order to ascertain whether or not he is a sociopath, in addition to having a narcissistic personality disorder or other mental health defects that need treatment, supervision and restraint from contact with his children.

PRAYER FOR RELIEF

     WHEREFORE, Plaintiffs pray for judgment as follows:
1.      A Writ of Habeas Corpus producing H.N. before this Court to be examined as to her present circumstances and as to whether or not she has the right to be released from Island View, Aspen, or New Haven in Utah and returned to her sister, Gabrielle, in [CONFIDENTIAL].
2.      Injunctive relief in the form of an Order enjoining further possession of H.N. by any aforesaid venue in Utah, and immediately releasing H.N. and transferring legal and physical custody to her sister, Gabrielle, so that she may provide for H.N.’s education at legitimate schools in the State of [CONFIDENTIAL] or elsewhere, before H.N. falls further behind academically.
3.      General damages according to proof, but in no event lower than $100,000.
4.      Punitive damages according to proof.
5.      Costs of suit.
6.      Such other and further relief that the Court deems just.
Dated: March 12, 2015

Respectfully Submitted,
/s/ Thomas M. Burton
Thomas M. Burton via pro hac vice
Utah Bar No. 00518
California Bar No. 035856
P.O. Box 1619
Salt Lake City, Utah 84110
Tel: (801) 918-1656
Thomasburtonlaw@aol.com

/s/ Christina Wanies-Guirgis
Christina Wanies-Guirgis
Texas Bar No. 24084772
9555 W. Sam Houston Pkwy S., Suite 130
Houston, Texas 77099
Tel: (832) 582-8331
Fax: (832) 379-7490
Christinaw@waniesguirgispllc.com\

Legal Disclaimer and Fair Use Notice

(PROMINENTLY DISPLAYED):

 Nothing contained in this post or on this blog, Dedicated to the Real Mommies and Daddies of the Real America, and our Children Who Want to Come Home, and and especially for my little Julian, could be (mis)construed as “legal advice” of any kind as author of this post is expressly NOT a lawyer, attorney, or legal practitioner.

  • CENSORSHIP and censorship shall be challenged strongly as censorship, being in breach of, among so many other unlawful acts and omissions, is a violation of sometimes described as “Julian’s Real Mummy’s” First Amendment u.S Constitutional right to the free exercise of speech, and also to peaceably assemble herein and also to freely exercise whatever religion, if any, that said natural, American u.S “citizen,” “citizen” meaning fo the purposes of this post. conditionally as i, being natural (wo)man, individual, living and corporeal body,  exclusively reserve the right to revoke or rescind the offer at any and all times, inherently “sovereign” and “elect” in nature, spirit, and essence because imbued with the spirit of our divine Creator ALMIGHTY GOD. ;
  • (1)  This post is made in GOOD FAITH and for deterrent purposes against child abusers, alleged child abusers, and those who would maternally alienate fit, loving mothers and children from one another.;
  • (2) Content in this post is protected by “Julian’s Real Mummy’s” First Amendment herein claimed rights as a natural-born American, “sovereign,” “elect” citizen pursuant to the Supremacy Clause of the Federa, u.S. Constitution and incorporated Bill of Rights made applicable to the states via ratification and application of the Fourteenth Amendment to the Federal,u.S Constitution and its  Bill of Rights, pursuant to the freedom of expression, freedom of association, freedom to peaceably assemble, and freedom to speech.;
  • (3) All content in this post is also protected pursuant to the Federal statute 17 U.S.C., section 107 (“Fair Use”) as this content is solely intended for general knowledge, academic research, and/or entertainment purposes.;
  • (4)  If anyone should desire, require, or demand a retraction or modification in part or in full, you must contact the author of this blog for fair notice to correct, pursuant to reasonable and lawfully obtained evidence supported by all legal and factual bases for your desire, demand, and Author will be happy to follow the law and respect your wishes.

Cook Family vs. CPS (short video)


Cook Family vs. CPS

https://www.youtube.com/watch?feature=player_detailpage&v=s5xb7wEAoVk

Published on Dec 12, 2014

Texas CPS accused Angel and David Cook of child abuse and murder in the death of adopted son Buddy. Their children were put in foster care. They were cleared of the charges but they are still trying to pick up the pieces. Here is their story. Fort Worth Star-Telegram/Rodger Mallison

Betty’s Baby Kidnapped by CPS (Short Video)


Betty’s Baby Kidnapped by CPS

https://www.youtube.com/watch?feature=player_detailpage&v=PvZCm1BnLsU

 

 Uploaded on Jun 21, 2008

Betty Power’s 1 day old Baby is KIDNAPPED by
THUGS from CPS, City Police, and the blessings
of Catholic Judge Garcia and alleged Lesbian Judge

Uploaded on Jun 21, 2008

Betty Power’s 1 day old Baby is KIDNAPPED by
THUGS from CPS, City Police, and the blessings
of Catholic Judge Garcia and alleged Lesbian Judge
Barbara Beck, who was in retirement. TV show OST
Exposed the CPS Kidnapping under-color-of-Law

A RECORD OF U.S. FAMILY COURTS SACRIFICING MOTHERS & CHILDREN


RE-POSTED/RE-BLOGGED AS DEPICTED BELOW,

A RECORD OF U.S. FAMILY COURTS SACRIFICING MOTHERS & CHILDREN

Family Courts Behind an Epidemic of Pedophilia & Judicial Abuse

Posted 23 January 2013

The below-referenced chart lists over 75 family court cases in Connecticut where children’s safety and well being has been jeopardized by unethical and even illegal activities of court professionals who routinely target, extort and exploit Connecticut
mothers.  In many of these cases, where mothers reported a father’s violent crimes against her family, the mother eventually lost custody to the wealthier father when he — the real perpetrator — accused her of alienation.  Violent fathers almost always won sole or joint custody of victims, and in some cases these fathers even went on to become mass murderers.  Insurance companies and the State are being defrauded by medical and mental health professionals who are routinely rewarded handsomely for submitting false claims that misdiagnose fit and loving mothers and their children with mental disorders they do not have; they are also providing diagnosis and treatment plans that are considered illegitimate by the AMA and APA.  Meanwhile, the same professionals justify their billing by deliberately recommending to judges the placement of children in the care of violent fathers, even rapists, and by shielding these offenders from criminal prosecution that might otherwise keep children safe.  The effect is that the whole family becomes damaged and in need of treatment, and are subsequently required to obtain ongoing court affiliated medical and legal professional services.

Some of these cases were outlined in the May 2012 Conscious Being Alliance story A Life Sentence.  The summary of cases spans the past 20 years, with older and newer cases, and where many cases

were drawn out over a decade, or more.

CT COURT CASES HISTORIES & SUMMARIES:

Click link here:
CT Cases Spreadsheet (2-28-2013).xlsx

PHOTO:
MAX LIBERTI.  (See: LIBERTI V. LIBERTI summary.)

 

MAx-Liberti-Photo.jpg

Written by: keith harmon snow

Categories: ,

 

16 Comments

melissa harris | January 29, 2013 2:57 PM

This has happened to me I would like to be part of this also where do I file complaints against lawyers n family service division I reported to the mediators supervision but nothing . So I want to file above the court .my case was in Hartford ct. Thank u for your time sincerely Melissa Harris 860-977-3941 cell or home 860-206-9208 Donna yanofsky I give full permission to talk to her on my behalf

adrienne mcglone | February 12, 2013 5:31 PM

• Give a gift of your signature as support in the battle to stop the corruption in probate and family courts that harm and destory our children and families. Join the Petition Signature-A-Thon.

http://www.change.org/petitions/the-governor-of-ma-help-get-child-home
http://www.alexissneedshelp.blogspot.com/

Amy Andersen | February 14, 2013 1:39 PM

Exactly this happened to me also!! I lost custody of my daughter to my abusive ex husband for one reason ONLY,, HE IS VERY WEALTHY! I never so much as received a parking ticket. What happened to my daughter and I was COMPLETELY ILLEGAL IN EVERY WAY! I want very much to be part of this, but I do not know where to start or who to contact. Melissa, I would like to speak with you also if you are willing. Maby we can share information because we both are going through the same nightmare! Please call me and let me know what I can do and where I can start.
Respectfully,
Amy Andersen (203) 269-6114

Jodi Baker | February 24, 2013 4:33 PM

The same situation happened to me. I am looking to make changes in the CT family court system especially New Haven County.

Kendra | April 26, 2013 7:33 PM

Below is a proposed class action lawsuit we can file at 95 Washington Street. Melissa, do you want to take the lead?

SUPERIOR COURT OF THE STATE OF CONNECTICUT
COUNTY OF HARTFORD
————————————————————-x VERIFIED COMPLAINT
JANE DOE 1- XXX
Plaintiff, Index No.:
-against-

Dr. Howard Krieger; Dr. Kenneth Robson,
Dr. Sidney Horowitz; Atty. Steven Dembo;
Atty. Noah Eisenhandler, Jane Does 1-IV and
John Does I-IV.
Defendants
—————————————————————x
SIRS:
The Plaintiffs complaining of the Dr. Howard Krieger; Dr. Kenneth Robson; Dr. Sidney Horowitz; Atty. Steven Dembo; Atty. Noah Eisenhandler; Jane Does 1-IV and John Does I-IV (hereinafter “Defendants”), sets forth and alleges upon information and belief as follows:
1. That at all times hereinafter mentioned Plaintiffs are normal, healthy parents who have endured abnormal and unfathomable circumstances in child custody proceedings.
2. That at all times hereinafter mentioned Defendants intentionally inflicted emotional suffering on Plaintiffs and defamed Plaintiffs for the benefit of increasing conflict in child custody disputes for financial gain and/or job security.
FIRST CAUSE OF ACTION IN INTENTIONAL INFLICTION
OF EMOTIONAL SUFFERING

3. Plaintiff repeats, reiterates and re-alleges the allegations listed in paragraphs “1” through “2” as though more fully alleged herein.
4. That at all relevant times prior to April 26, 2013, Defendants emotionally abused Plaintiffs via heinous conduct beyond the standards of civilized decency.
5. That at all relevant times prior to April 26, 2013, Defendants advocated and endorsed the use of domestic abuse and domestic discipline in child custody proceedings.
6. That at all relevant times prior to April 26, 2013, Defendants aided and abetted fathers in feigning allegations to place plaintiffs under supervised visitation or otherwise reduce their access to children, alleging “mental illness”, “emotional abuse” or “parental alienation”.
7. That at all times relevant times prior to April 26, 2013 Defendants slandered, abused, ridiculed, harassed, ignored, humiliated, threatened, attacked and/or financially devastated Plaintiffs.
8. That at all relevant times prior to April 26, 2013 Defendants blatantly disregarded the rules, manipulated information, falsified evidence, harassed and bullied Plaintiffs.
9. That at all times relevant times prior to April 26, 2013 Defendants financial, emotional and legal abuse of Plaintiffs was intentional, deliberate and/or reckless.
10. That at all relevant times prior to April 26, 2013 Defendants used the fruits of their abuse to claim that Plaintiffs were “erratic, unstable and unpredictable”.
11. That at all relevant times prior to April 26, 2013 Defendants endorsed the wealthier parent as primary parents to keep their revenue steam coming via fathers contesting custody of children against stay at home mothers.
12. That at all relevant times prior to April 26, 2013, Plaintiffs sustained severe emotional damages and loss of custody of their children in monetary amounts in excess of all of the jurisdictional limits of the lower courts.
SECOND CAUSE OF ACTION IN UNJUST ENRICHMENT

13. Plaintiff repeats reiterates and re-alleges the allegations contained in paragraphs “1” though “12” as though more fully set forth herein.
14. That at all times relevant times prior to April 26, 2013 Defendants increased conflict in custody disputes for the benefit of their professional fees, job security and/or revenue stream.
15. That at all relevant times prior to April 26, 2013 Defendants were unjustly enriched by receiving professional fees, income or expenses on account of their improper conduct.
16. That prior to April 26, 2013, Defendants Dr. Howard Krieger and Dr. Sidney Horowitz were sanctioned for committing insurance fraud against Aetna Insurance.
17. Plaintiffs seek restitution of attorney fees and expert fees incurred as a result of defendants’ unjust enrichment, which is in excess of all of the jurisdictional limits of the lower courts.
THIRD CAUSE OF ACTION IN DEFAMATION OF CHARACTER

18. Plaintiff repeats reiterates and re-alleges the allegations contained in paragraphs “1” though “17” as though more fully set forth herein.
19. That at all times relevant times prior to April 26, 2013 Defendants published false statements about Plaintiffs.
20. That at all times relevant times prior to April 26, 2013 Defendants’ false statements lowered the characters of Plaintiffs in the eyes of others.
21. That at all relevant time prior to April 26, 2013 Defendants slandered, abused, ridiculed, harassed, ignored, humiliated, threatened, attacked and/or financially devastated Plaintiffs in an attempt to substantiate their false statements.
22. That Defendants intentionally inflicted emotional harm on Plaintiffs by facing them with an abusive ex-husband, fear of their children being harmed or removed and a bombardment of medico-legal allegations to substantiate their allegations of “erratic, unstable and unpredictable” behaviors.
23. That Plaintiffs’ were damaged by Defendants’ false statements and intentional infliction of emotional suffering in amounts in excess of the jurisdictional limits of the lower courts.
FOURTH CAUSE OF ACTION IN DISCRIMINATION

24. Plaintiffs repeat reiterate and re-allege the allegations contained in paragraphs “1” though “23” as though more fully set forth herein.
25. That Plaintiffs have been discriminated against on account of being stay at home mothers prior to the commencement of litigation. Defendants sided with the parent who had the most money to purchase their children.
26. That Plaintiffs sustained damages in excess of the jurisdictional limits of the lower courts on account of this unlawful socio-economic discrimination.
PRAYER FOR RELIEF

WHEREFORE, Plaintiffs respectfully requests that this Court enter an award:
(a) Enjoining and permanently restraining Defendants from intentionally inflicting emotional suffering, discriminating against and defaming the characters of Plaintiffs;
(b) Awarding Plaintiffs’ damages in excess of twenty (20) million dollars;
(c) Awarding Plaintiffs’ attorney fees and expert fees involved in pressing this action;
(d) Granting such other and further relief as the Court deems necessary and proper.

Yours etc

________________________________

VERIFICATION

STATE OF CONNECTICUT )
) ss.:
COUNTY OF HARTFORD )
_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
being duly sworn, deposes and says: We are the plaintiffs in the within action; We have read the foregoing complaint and know the contents thereof; the same is true to my knowledge, except as to the matters stated therein to be alleged on information and belief, and as to those matters we believe them to be true.

__________________________________
___________________________________________________________________________________________________________

Sworn to before me on this
day of April 2013

Notary Public, State of Connecticut

___________________

T. Moore | April 27, 2013 10:05 AM

My case is still pending … I’m ready to keep up the battle and win the war … it’s been years and I refuse to just walk away – I’ve been w/one of the above Dr. during “Special Masters” …

kendra | April 27, 2013 11:47 AM

Attorneys with a strategy which involves inflicting emotional and financial pain on mothers to make them “erratic, unstable and unpredictable” should be reported to the Grievance Committee so that they are disbarred for a violation of Rule 8.4 (4) for conduct that is prejudicial to the administration of justice. The precedence their strategy sets is that a man is encouraged to abuse the mother of his children so that the attorneys can keep their revenue stream going despite the impact this has on mothers and resultantly on their children. Grievance forms can be found here:
http://www.jud.ct.gov/webforms/forms/gc006.pdf

Kendra | April 27, 2013 12:01 PM

Amy – You can add in defendants Judge Pulver and Atty Hilscher. As you reside in Connecticut, the action can be venued in Connecticut. We may have to bring it in Federal District Court and add in the Constitutional arguments.

Kendra | April 27, 2013 12:02 PM

Amy – You can add in defendants Judge Pulver and Atty Hilscher. As you reside in Connecticut, the action can be venued in Connecticut. We may have to bring it in Federal District Court and add in the Constitutional arguments.

Kendra | April 27, 2013 12:03 PM

Amy – You can add in defendants Judge Pulver and Atty Hilscher. As you reside in Connecticut, the action can be venued in Connecticut. We may have to bring it in Federal District Court and add in the Constitutional arguments.

Colleen Kerwick | June 1, 2013 3:52 PM

Here is a link to my Confessions of a Stepford Wife blog. Feel free to check into my path as I find the silver lining from my journey through the Connecticut Court System. Whatever doesn’t kill us makes us stronger so I’m hoping that this will be a happy story of transformation and growth.

Sara Burns | June 28, 2013 8:00 PM

I have a significant background in Business Communications and PR and would like to contribute my files for case … amazing how many people can abuse the system for years with a documented list of offenses and still be able to misuse the system to their private advances.

Concerned Mother | August 23, 2013 9:41 PM

A person is guilty under 2011 Connecticut Code Title 53 Crimes Chapter 939
Sec. 53-21 (3) if they “permanently transfer the legal or physical custody of a child under the age of sixteen years to another person for money or other valuable consideration”… such person “shall be sentenced to a term of imprisonment of which five years of the sentence imposed may not be suspended or reduced by the court”. Has anyone asked the DA to issue a warrant for the arrest of some members of the custody business?

Ron | July 19, 2014 11:38 AM

Keith, This is information which is tragically in sync with what I’ve read from other researchers regarding pedophilia rings and subsequent cover-ups occurring WORLDWIDE. Have you read Dave McGowan’s work entitled “Pedophocracy”? It’s not surprising one bit to learn that the courts are involved in the corruption as are politicans—ETC. I am reminded also of the late Ted Gunderson, former FBI agent who became Aware, shall we say–are you aware of his investigations regarding child abuse? What is bad, evil in society is vigorously protected and encouraged by the System.

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