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.

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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GIVING PRAISE AND THANKS TO GOD FOR ANSWERING ONE REAL DADDY’S PRAYERS IN THE WOODLANDS, TEXAS!


GIVING PRAISE AND THANKS TO GOD FOR ANSWERING ONE REAL DADDY’S PRAYERS IN THE WOODLANDS, TEXAS!

jOHN'S BOY

WOW! LOOK AT THE SMILE ON THIS BEAUTIFUL LITTLE GIRL. THIS PICTURE TELLS THE STORY OF A HAPPY ENDING FOR MR. JOHN AND SHEMITRA HILL AND HIS TWO ADORABLE CHILDREN IN THE WOODLANDS, TEXAS AFTER ONE STRANGE DETOUR THROUGH DELIVERANCE IN HOUSTON, TEXAS (HARRIS COUNTY) FAMILY COURT IN THE 246TH WITH “THERAPIST” FELECIA POWELL-WILLIAMS AND A PLAYING/PAYING CREW, ON KNOWLEDGE AND BELIEF.

THIS FAMILY IS CERTAINLY BLESSED.  PRAISE THE LORD!  HALLELUJAH!  GOD IS GOOD!

https://www.change.org/p/united-states-department-of-justice-change-the-laws-regarding-family-law-and-for-a-judge-lawyers-cps-and-police-officers-that-assist-with-covering-up-sexual-abuse-and-injury-to-a-child-in-the-state-of-texas

John Hill’s faith the the Lord and his willingness and actions that put His Word into his daily work (and even as a trusted worker for the United States Postal Service) have restored me not less than once over the last couple of interminable years without my son (pursuant to a  kidnapping or “wrongful, unreasonable ‘removal'” perpetrated for profit, prejudice, and retaliation by a band of rogue criminals working under the “color of the authority of law” for “state of Texas” in both Brazoria and Harris Counties, Texas.  John similarly endured, but he never, ever, ever wavered in his faith or his constant witnessing and testifying the Word of the Lord.  He never blamed God, but always insisted on more prayers, harder work, more faith, and fasting with the prayer.  John and his faithful new bride, and I may be misspelling he/r name, so please forgive me, but, Shemitra, testified and Stood by John and supported him in his darkest moments which he never let anyone else feel as dark.   John always wanted to praise and give glory to God and to not detract from that with the petty woes of this “valley of tears” the the Holy Bible in fact DOES promise us as opposed to the “rose garden”  to which so many feel “entitled,” especially in the current times.  I can remember John saying to me in dark hours in my struggle with the same forces working against families, children, and especially unwed mothers and young mothers with young, adoptable children, many of whom have vindictive ex-partners recruited by an all-too-willing profiteering/privateering joint public-private “non-for-profit” “state and local government,” or, “COG” (regional Council of Government), to be glad.  Why did he tell me to be glad?  “Because everything is happening just like it is supposed to and must happen.”  This is proof that His promises are real.  Thank you for your unwavering faith and encouragement, Mr. Hill.  God bless your beautiful family and children.  Your faithfulness and loyalty is of a rare breed indeed that is just not found in many corners of the earth.  I haven’t seen it yet in anyone who has not gone through what we have been refined through.

How did the Lord help John accomplish the Herculean task of enforcing his equal parental rights?  We give thanks that the Lord showed Mr. Hill a way in the form of a loan and an apparently highly effective Harris County, Houston, Texas (and surrounding areas to include North Houston) board-certified family law attorney, Gary Polland.

Now, we rejoice and continue to pray for over one hundred thousand mothers and children and a few fathers who missed the current or the custody-switching scam a la the Texas Office of the Attorner General for the Office of Title IV-D Child Support Enforcement and New Day Services “Responsible Fatherhood” for those with criminal records and “Healthy Marriage Initiative.”   That is certainly not to imply that these institutions are not -preferable or meritorious, but rather than blatant gender discrimination of an invidious animus, and also of the socio-economic and marital “color” are inflicting enormous harm and injury in the glorification and false worship of grants, “trauma-informed, levels based, outcomes” which encourage questionable court appointments and unholy alliances and conflicts of interests among service contractors and providers trusted by public servants who have been “trusted,” irresponsibly, with the highest and most noble of causes–our children.  These fiduciaries have breached their con tract with the parents and children of Texas to the degree they continue to so operate without disclosing fully and fairly and duly compensating the real private property owners gifted by GOD ALMIGHTY.

So happy for you, John!  The children look happier and healthier than anyone could ask for.  And they are even mowing the lawn and performing chores!  All Glory goes to God.  A win for one of us is a win for all of us!  “Today is a day in which the Lord hath made, therefore we shall rejoice and be glad in it (Psalms 117:24, The Holy Bible).”

Further, For a day in Your courts is better than a thousand outside. I would rather stand at the threshold of the house of my God Than dwell in the tents of wickedness. For the LORD God is a sun and shield; The LORD gives grace and glory; No good thing does He withhold from those who walk uprightly.…(Psalms 84:10, The Holy Bible).

Many believe firmly, and this real mommy agrees, that the Word of the Lord alone, and only the Holy Scripture, can and shall save us in the time of Evil.  It is time to do our homework and start memorizing.  This part is literal, in my opinion and based in real life observations.  For there can only be one master of “illusion.”  Cogito ergo sum.  I think, therefore “I AM.”  I believe.

The scourge and details below:

Petitioning Governor Rick Perry and 5 others

Change the laws regarding family law and for a judge, lawyers, CPS, and police officers that assist with covering up sexual abuse and injury to a child in the state of Texas

john hill the woodlands, TX

 

I have been fighting for full custody of my children in the 246th court in Houston, TX with Judge York presiding, due to my ex-wife, Dana Rochelle Edwards, allowing our children who are ages 7 and 6 now to be molested since 2009.

My children were out crying about being sexually abused in their mother and maternal grandmother’s home, majority of the weekends that I was able to pick them up they were always complaining about being sexually and physically abused, which as a father I didn’t know what to do or how to handle this, I took them to the hospital and called CPS, but CPS wouldn’t come out, they would wait until the children were back in the custody of my ex-wife and talk to the children or call my ex-wife and ask her did it happen and she would say that the children are lying and making things up or I was making up it because I didn’t want to pay child support, and CPS would close the case and do nothing. So SANE  (sexual assault nurse exam) cases were performed on the children, but not every time they went to the hospital.

Deadre Jones, my ex-wife’s mother, stated to CPS that I was the only person making these accusations about my children being abused, but it is clearly documented that my ex-wife and her knew about the abuse prior to me even knowing, as well as Jones going to the hospital with ex-wife for complaints of abuse. It is also documented in CPS reports that she was also taking my children to the “suspected person” as well.

Jones was in court and every CPS meeting with my ex-wife playing the innocent grandmother role, knowing all that time what was happening behind closed doors at her house as well as my ex-wife house, and didn’t come forward with the truth. Judge York appointed Bobbie Young as amicus attorney in December 2011 to see if she could help my ex-wife and I resolve our issues and do what was best for the children. Young is also a RN.

 

Young met with me at my home, she spoke to my fiancée, who is currently a RN concerning the sexual abuse, outcries and behavior of my children, Young admitted to her that she knew that the molestation was going on; she had recently visited the home of my ex-wife.

‘My mother, who is a retired school teacher, also spoke with Young concerning the sexual abuse, outcries, and behavior of my children; she admitted again that she was aware of the abuse. Young filed a motion for my ex-wife and I to have a psychological evaluation through Dr. Victoria Sloan, I did not trust Young because as soon as we went to court she was another person and siding with my ex-wife, so we verbally agreed with my prior attorney Bruce Buskirk that I could find my own person to perform the psychological evaluation. And I did, Young brings me back into court  as well as the psychotherapist, Dr, McDaniel, after speaking with him and he told her that nothing was wrong with me psychologically, she told Judge York that he wasn’t qualified to performpsychological evaluation, and it needed it to performed by a licensed psychologist, Judge York approved her request.

In January 2012, Judge York, Young, and Angelina Gooden, my ex-wife’s attorney who is also an amicus for the 246th court, heard medical testimony from Harris County police officer  (Sgt. William Lilly, appointed by Harris County Sheriff, Adrian Garcia, supervisor to Lilly, Ruben Diaz) who read the SANE (sexual assault nurse exam)  nurse report from Memorial Hermann in the Woodlands, Tx, stating that my son told the SANE nurse that “the person at his mother’s home put their penis in his mouth and urinated,” my daughter stated that “the person put their mouth, fingers, toys, and penis into her vagina.”

Judge York stated that he believed that this has been going on, but he didn’t order to remove the children from their mother’s home, he just stated that he wanted to hear more testimony from the medical staff at Memorial Hermann, which Memorial Hermann’s lawyer kept filing quash motions to prevent their staff from coming into court testifying about the statements that my children made concerning sexual abuse happening to them at their mother’s home, which Judge York approved, but he kept contradicting himself saying he wanted every medical personnel that the children made outcries to about  in his court to testify.

My ex-wife continued to violate court orders and Judge York wouldn’t even hold her in contempt, he would just say stop doing that. Young kept bringing me back into court for psychological evaluations which was done by a board certified psychologist that gives insight on the news in Houston, I gave her his information, signed a release form for her to talk to him, but she never contacted him, she kept saying I didn’t get to talk to him prior to Mr. Hill seeing him, which was never in her original order.

I filed a grievance on her because she wouldn’t stop, she is extremely biased, kept telling me she was going to make sure she takes my rights taken away, and kept defending my ex-wife, while saying that the molestation didn’t happen that it was all speculation, I provided Young with the medical documents showing my children describing to medical professionals about the sexual abuse that was happening to them in their mother’s home, Young also had access to CPS reports as well. I even told her that my fiancée and I was threatened by the CPS police that if we file another CPS report then something will happen to us. We filed a complaint with internal affairs against the police officer after contacting the Mayor of Houston, Parker.

In April 2012, I picked my children up and my daughter had burns going up her legs and my son had cigarette burns on his knee, which their mother nor maternal grandmother told me when I picked them on Friday evening, I didn’t find out until Saturday morning when I was putting them on their night clothes because they fell asleep on the way home, which is what they typically do when I do get them and sleep until 11am or 12 pm on Saturday, which my mother or fiancée is watching them while I am at work.

Well, my mom took my children to the hospital just to make sure that the burns on my daughter’s leg was not infected and needed to be treated, my daughter had a old burn on upper thigh which she wouldn’t tell anyone how she got that burn, but the lower leg burn happened because she fell on a barbeque pit top, my son also verbalized to the doctor, that their cousin Reggie (Reginald Moffett), who is a grown man, burned him with cigarettes on his leg and his mom just got mad but left them at his house anyway and went to work.

The doctor asked if there was a history of abuse and my mom and I told her as well as my daughter started showing her vagina, so she sent my daughter via ambulance to Texas Children Hospital  in the Medical Center, I verbalized to the doctor that I didn’t want a SANE case done because the 246th court, Young, and Gooden would try to take my rights away because they said that I was “emotionally abusing my children due to the SANE cases, ” the doctor said that the court can deal with her, and my daughter was going to Texas Children’s Hospital that night.

CPS was called, but they said they couldn’t come out until Sunday, which they never did, they called my ex-wife instead and she said that she wasn’t present but that she fell on a barbeque pit top and didn’t say anything about the older burn on her thigh.

My previous attorney Allecia Pottinger was notified and contacted Young to come to the hospital, Young spoke with the medical staff and I and they also verbalized that I didn’t want the SANE case, but there was suspicion of abuse so a SANE case would be done that night, Young agreed and stayed at the hospital until midnight. Young used the SANE (sexual assault nurse exam) case that she approved of and had my rights taken away, CPS was made managing conservator over my children, Pottinger told me that my children would be placed in a family member’s home until they can figure out what is going on, which I gave them my sister’s information who is also an attorney and her husband is a FBI agent, but that didn’t happen CPS placed the children right back into my ex-wife’s custody immediately after court and Reggie Moffett’s).

I was ordered to do another psychological evaluation as well as “psychiatric evaluation,” which they had no valid explanation for another evaluation, which would have been my 3rd and 4th evaluation in less than 6 months.

Young and Gooden were allowed to use my cancer medical records, which was obtained illegally through my ex-wife, she was never given any permission to obtain my medical records, while I was going through cancer in 2006, I was diagnosed with mild depression, I lost my home, I didn’t have insurance, my ex-wife couldn’t keep a job, and lack of family support, they were able to use that to say that I had an undiagnosed “mental disorder,” which was unbelievable. My ex-wife NEVER did her psychological evaluation that Young ordered for Dr. Sloan and Judge York approved, Gooden and Young verbalized that she had walked out of her evaluation and didn’t complete it.

So, then I was on supervised visitation for taking my children to the hospital for them out crying about being sexually abused, this is ridiculous. ‘

So, during that time I obtained CPS reports, my ex-wife’s story about the abuse kept changing with every CPS case worker, she knew about it, she didn’t know it, the children were lying, and I was molesting my children. My children actually out cried to CPS case workers about the abuse happening in their mother’s home and maternal grandmother’s home, CPS still didn’t do anything. CPS talked to the SANE nurse, she said there is “absolutely no way a child could make up a story as detailed as this.”

Young and Gooden would consistently bring me in and out court to take away rights of seeing my children, once Judge York approved of what they were doing; they walked out of court laughing. I was on supervised visitation through CPS at their office my ex-wife was still taking my daughter to the doctor for concerns of abuse, trying place the blame on me, my daughter was diagnosed with vaginitis while I was on supervised visitation.

In August 2012, my ex-wife, her two (2) cousins ( Margaret Moffett and Niosha Sampson), and her aunt (Sheryl Thomas Gainous )went to CPS making a report that they had walked into the room my son was performing play sex on his cousins (which are their children), now all of these children are less than 10, they asked them what they were doing, then they asked my children who taught them that, my children supposedly said that I taught them that, I would touch their private parts while they were taking a bath, they asked my children how did it feel when I touched them, my children supposedly said at first it felt tingly but then we liked it because we thought it was game, and we would have sex with each other in front of our dad and we would like it, Dana became shocked to hear this and blamed herself for the abuse, saying she could have asked more questions, I mean these are professional people, no one found it bizarre that all these people would come in on the same day while I was on supervised visitation, and make up a crazy story as this, I was questioned through CPS about this outrageous accusation and Young, Gooden, CPS, my ex-wife, and her family walked out of court laughing. Judge York didn’t do anything about this, he did order for us to see the same psychologist for anotherevaluation,” which we did, the psychologist said that I was angry and just needed to work with CPS and the court to get my children on the other hand she said that my ex-wife said she had an 11th grade education but she more than likely had the education of a 7th grader, she had psychological issues and needed to see a doctor to properly diagnose her as well as see a psychiatrist to placed on medication, and she needed repeated psychological evaluation for the next 2 years to see where she is at, Young never brought this into court, matter of fact Young and Gooden wouldn’t even release the information to my prior attorney Hilary Unger for months, discoveries kept being filed, but only portions of the discoveries were being followed.

Dana and my son during a therapy session with Powell-Williams, it is documented what really happened with the “play sex”. Per Powell-Williams, it is documented that my son stated that he was being bullied by his older cousin into playing sex.

Dana never stated the story her cousins and aunt made up about the whole “play sex” situation when she became shocked  while she was in therapy with my son. This was not brought to the attention of  the court, that Dana went in with her cousins and aunt to make those false accusations against me, which CPS was aware because they had Powell-Williams documentation. After showing HCSO and the DA documentation, they stated that they couldn’t charge them with making false CPS reports because CPS should have filed charges against them once they received documentation that Dana’s story had changed about the “play sex” three weeks later.

Dana also openly admits to CPS that she has to sleep in our daughter’s room at night to make sure our son doesn’t come in and bother her at night. Now, what kind of mother portrays her own son of doing this to his sister instead of taking accountability for her own actions, which something should have clicked in someone’s head to see that she is definitely hiding something. The suspects have never been properly investigated because they call Dana prior to coming to her home and she denies the suspects saying that is the name of my altered ego, which is ridiculous. 

(or, in Author of this blog’s  son’s case–what kind of a father alleges the same about himself to a five year old little boy?)-America, we have a problem!  Wake-up Houston!

Judge York ordered Dr. Felecia Powell-Williams, who is a psychotherapist that the children were seeing but not on the approved family plan through CPS that he signed off on to see me with my children so that I can get off of the supervised visitation because CPS wanted off the case after I sent them medical documentation showing my daughter was diagnosed with vaginitis while under their care and my ex-wife was still taking them to doctor for concerns of abuse while I was on supervised visitation, CPS also blocked me from getting the medical records so I had to file a complaint against ABC pediatric clinic with OCR, which is how I was able to obtain part of my children’s medical records and continue to see the bias and unfairness in this entire case.

Powell-Williams wouldn’t follow the court order, came into court because Young and Gooden filed a motion they wanted to increase my child support because my ex-wife doesn’t like to work and wanted to keep me on supervised visitation and give my ex-wife full custody and Young wanted to prevent me from testifying to anything she has said to me.

Because a few weeks earlier she admitted again to Hilary Unger, my previous attorney and myself that she was aware of the molestation going on in the mother’s home, but she couldn’t prove it through the SANE cases and she would get me off of supervised visitation, but she was consistently defending and covering my ex-wife at the same time.

Powell-Williams said that I was “delusional” because I called her and told her that she was basically doing like everyone else in the case covering for my ex-wife and she is just like CPS, and Judge York ordered her to see me with my children and if she wasn’t aware of the order than she needs to contact CPS to get the order so she can do it, then she says under oath she cannot make a decision concerning my psychological state after only seeing me 2 times for less than 30 minutes. Powell-Williams was also provided with all my children and my psychological evaluation, CPS notes, and medical records, so she can be fully aware of everything concerning this case.

Judge Hays, the associate judge in York’s 246th court in Harris County in Houston, ordered me to continue to be on supervised visitation and go to mediation and denied Young’s motion, the bias just continued and they were unable to provide me with a valid explanation for continuing to be on supervised visitation.

Powell-Williams was upset because I wasn’t going to personally pay her. I informed her I did not hire her and that therapy sessions that she is providing for my children is between CPS and herself, and she needs to contact them for payment arrangements.

Mellonie Baldwin, Achor Counseling, was the counselor that CPS ordered for my ex-wife and I to go to for individual and parental counseling. I had been going there for several weeks and Baldwin comes into my session and asks me for my ex-wife’s contact information because according to her my ex-wife had not come to any counseling sessions.

I informed her that she needs to contact CPS to get her contact information. I was told that I was finished with my counseling sessions and my ex-wife has not attended any sessions and they can’t make her come to the sessions.

So, my counselor signed off on my counseling sessionsThree (3)  months later Baldwin calls me the night before court and tells me that I have 6 more sessions, I told her no I do not my counselor signed off and said that I was done, I was already seeing a Christian psychologist for counseling prior to coming to Achor Counseling and I was presently seeing her. Achor Counseling was supposed to call her and make sure that they were not interfering with her therapy sessions with me, which they failed to do.

She became irate on the phone and I told her she needs to talk to my counselor, Mr. Smith and he signed- off on me, and she nor CPS can change the order at the last minute to accomodate whatever it is that they are trying to do, and I was not going to do any more sessions at Achor Counseling and that is  the end of that.

I also informed her that I had recorded my counseling sessions because I did not trust Achor Counseling because they were connected with CPS.

Baldwin hangs up the phone in my face, but calls back later saying that she found the missing sheet of paper, and she will call CPS to clear up this matter immediately.

February 2013, after CPS pulls off the case, I receive all of their files, in there is Achor Counseling records, my ex-wife had been seeing Baldwin the entire time that I was going there, and she e-mailed CPS and told them I was “rude to her and she didn’t want to see me anymore for counseling and that she is going to write on my final evaluation that I need to stop “lying on my ex-wife.”

They had all of the medical records and CPS records, so everything that I was saying about my ex-wife lying and covering- up the molestation of our children was in black and white. I was seeing Mr. Smith so I don’t know why she would even write anything on my final evaluation, which continued to show how people were openly and willing to cover up the molestation of my children.

Hilary set up a mediation meeting, even she said that mediation wouldn’t work, I told her I didn’t want to go to mediation that my ex-wife would continue to violate court orders and nothing would be done to her.

The mediation was basically in favor of my ex-wife on everything, I was going to be”subjected” to another psychological evaluation and continue to be supervised visitation through SAFE which  I would have to pay for, I told her I didn’t want to sign it, I called my fiancée and talk to her about it, Hilary gets on the phone and tells her the same thing she tells me, that even if I go to trial and the jury finds favor in me, Judge York stills has the last say, he is pro-women and he would never give me custody of my children, he would look at the SANE cases and base his decision solely on that, he would increase my child support to $1,800 dollars, so I need to go ahead and sign because he will order it anyway and I should be like every other man in Texas take my standard visitation and go on with my life, so I kept going back and forth not wanting to sign it and she kept saying I have no choice its only for a few weeks, I am still unable to see my children til this day as well as my ex-wife continues to violate the phone order, they cannot find a psychologist or counselor who even wants to touch this case, because after I send them paperwork proving what I am saying is true and the bias and the injustice that I have been going through in this court, they don’t want to touch it.

My sister who is an attorney contacted Hilary asking her why did she make me sign that mediation order, Hilary tried to say that I wanted to, but my sister said I talked to him right before he went into your office for the mediation meeting, he talked my mom, and his fiancée as well, he verbalized that this was waste of time and he didn’t want to sign it and needed to go back to work, she started saying I am the worst client she ever had because I don’t know how to control my emotions, which this court is unfair, biased, and continues to do everything that is wrong during this case, so I have every right to be upset this court is playing with my children’s lives as well as mine.

Houston attorney Hilary Unger was aware that court-appointed amicus attorney Bobbie Young was retaliating; she even called the ethics board with the State Bar of Texas on her and said that if she sides with my ex-wife during the trial then she would file on her, but we never went to trial because of this mediation.

And, of course. Judge York denies the appeal, said that this case makes him nauseous, he says he doesn’t make decisions its on the amicus, laughs and looks at me and say, “Mr. Hill sorry I couldn’t help you.”

But my children reside in a home where there was attempted murder on my ex-wife, by her family member, who shot into their home while she had the children.

CPS supervisors came to court and said that they are aware of the court violations but unaware that my ex-wife was taking my children to the doctor while in their custody, but I have e-mails showing that they knew about it, they even sent the e-mails to Hilary, but they were allowed to continue to lie in court.

There are also police reports showing that  my ex-wife tried to pull the children out of the car while I was driving off and chased me on the interstate and the police would be called out every time I would go to pick them up, but none of this matters to the 246th, Judge York believes children should be with their mother, no matter what.

I have hired 4 attorneys and spent almost $80,000 dollars (that was in 2013), lost memories of my children growing- up, and lost my home, I am worse off now than when I started this fight. After my attorneys talk with Young and Gooden, they pull off the case every time, they say this case is crazy.

Judge York ordered phone conversations while I was on supervised visitation on Tuesdays and Thursdays at 7:30 pm, she violated the order over 40 times, Judge Jim York never did anything, my ex-wife, Dana,  continues to violate the court orders, I am still unable to talk to talk to my children on several Thursdays and haven’t seen them since July 2013.

I no longer can see my children through SAFE because they don’t want to be involved after sent them information pertaining to this case, ask them for documentation for every time my ex-wife violated the SAFE, and a receipt of payments to SAFE

SAFE manager got upset and said that I didn’t pay for the person supervising the visits one time out of the several times I did feed her. Judge York will never make CPS, Dana or Young and Gooden accountable for lying in court, because they have went beyond measures to keep the molestation of my children and my ex-wife knowing about it out of court.

Attorney Hilary Unger then pulled out of my case as soon as we get out of court and after my appeal was denied, and tells me find another attorney to appeal Judge York’s decision as well as the mediation, I contacted over 20 attorneys and all of them say wait until Judge York is off the bench in November 2013, but what about my children’s safety, does that not matter, what about the fact she continues to violate orders and her lawyers (Gooden and Young) cover her. \

They also told me that I didn’t have a chance because I was going up against two amicus attorneys (court-appointed) in Judge York’s court (246th, Harris County, TX) and he will rule for whatever they want every time, which is not right and highly biased.

My ex-wife was found guilty of assaulting me and took a plea deal, which shows she is a pathological liar and is unable to control her actions. She lied under oath several times about things pertaining to this case and it can be proven.

I had to see a Christian psychologist for several months to help me deal with anger issues concerning this case, she was NEVER pulled into court to combat all the people that Gooden and Young brought in.

She helped me to deal with this issue as God would have me to and that’s by continuing to pray and stand on His word, even though it is hard at times. I know that the God I serve is a God of justice and evil shall never prevail against good.

Nobody besides myself and the police officer who read the SANE nurse’s report was ever able to testify concerning the children’s outcries and witnessed inappropriate behavior and conversation with other children.

Attorney Hilary Unger, one of my attorneys, brought up the red bumps near my daughter’s vagina that she showed my mother and the case worker during a supervised visitation, the case worker comes in court and says that it looks like mosquito bites, it was January 2013, the weather was cold, so in order for my daughter to have mosquito bites near her vagina she would have to be in a bathing suit, standing near water, and her mother is watching her getting attacked by mosquitoes and why doesn’t my son have it as well, but that was allowed to go on in the 246th court.

 

I went to the DA for Harris County in order for them to pick-up of assault case against my ex-wife instead of keeping it in the JP courts, which video-taped at my children’s school and the principal was an eye witness.

I wanted Harris County DA to pick up the case because Elijah Gooden was my ex-wife’s attorney and used what was happening in family court against me and the JP DA was going to give her a slap on the wrist.

She previously pleaded not guilty to the assault and said that I hit her, and once the video was seen it showed that she assaulted me.

Prior JP DA was going to give her serious charges, but Gooden said that he wanted to reschedule because he wanted to bring a witness of the assault which was her cousin, Niosha, who has a criminal record of stealing and using Dana’s ID.

They had previously re-scheduled the assault case over 5 times prior to that.  I showed the Harris County DA evidence of my ex-wife allowing our two children to be molested since 2009, and the cops seem not to be investigating the situation thoroughly, she looked at the evidence and shook her head.

She stated I have a lot of evidence against my ex-wife, but Harris County seems to not be able to find the perpetrators. She didn’t say anything else about picking- up the case and trying to find the perpetrators.

I really need to help to overturn Judge York’s decision and every action of my previous of attorneys, Gooden, and Young. The 246th court, CPS, the attorneys, and Harris County Police Department, had a lot of evidence, and chose to cover it up as well making threatening phone calls to my fiancée and myself.

How many children lives will be allowed to be ruined because of the actions and decisions of these people, how many parents who are trying to protect their children, will be humiliated and persecuted because they are for what’s right.

When will the laws change and there be equality for both parents, just because you gave birth to a child does not make you a mother. I am for being with right the parent whether it is mother or father.

My children have a false pretense of what the law is about, they told me “dad we told them what happened and now we can’t come home, and this will never end, family laws in Texas” what does a parent do when you can’t protect your children because of the s and Texas doesn’t have any laws holding people accountable for covering sexual and physical abuse to a child/children.

I am thankful for what i have sown into my children, and that is they continue to trust and believe in God and they continue to pray and ask God to let them come home, which helps build my faith that God will put the right people in place to make sure that no one else has to go through what my family and I have been through.

I am just asking for people to take a stand for what is right and lets make a change, instill in our children morals and values, and protect our future generation from bias of the justice department.

Thank you for taking time to read my letter, I pray that this petition gets to the Supreme Court of Texas and the family law will be changed for the safety of children.

 

 

 

 

 

SANE (sexual assault nurse exam) cases:

PJ

MH – 1/8/2011- John

MH- 1/21/2012- John

TCH- 10/19/2009 – Dana

MH – 9/2010- Dana

 

A.J.H

MH – 1/8/2011 -John

MH – 6/19/2011-John

MH – 8/14/2011 – John

TCH- 10/19/2009 – Dana

MH – 9/2010 – Dana

TCH- 4/29/2012- I refused because I knew Young would retaliate the doctor at St. Luke’s in the Woodlands said that the courts can take of the fact that she ordered a SANE case with her

 

I have posted my story on the internet and multiple parents have contacted me because they are going through the same thing involving some of the same people that was involved in my case. I have completed my counseling session, and still these people find a way for me not be able to see my children.

 

 

God Bless,

 

John Hill

 

Letter to

Governor Rick Perry

NAACP

Supreme Court of Texas

and 3 others

United States Department of Justice

Representative Al Green

Representative Sheila Jackson Lee

Change the laws regarding family law and for a judge, lawyers, CPS, and police officers that assist with covering up sexual abuse and injury to a child in the state of Texas

Updates

  1. 11 months ago
  2. 500 supporters
  3. 2 years ago
  4. john hill started this petition

Petition Closed

505 supporters

495 needed to reach 1,000

United States Department of Justice: Change the laws regarding family law and for…

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  • (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 incorporated 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.
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Family Court Extortion – Sunny Kelley Story


Family Court Injustice

There are perhaps hundreds of parents like Sunny who have been bankrupted through the CT courts, essentially extorted out of a relationship with their children. Recently, journalist Keith Harmon Snow posted on his website a story listing over 70 cases involving mothers who were never found to be dangerous or unfit, but none the less lost custody after their children reported they were physically or sexually assaulted by their fathers. Mothers who continued to seek legal protection or medical treatment for the children’s injuries were ordered to pay supervised visitation centers to see their children. “

 Bethany, Connecticut: True story of how Sunny Kelley lost custody of her son, Max, after reporting physical and sexual abuse (with documentation, medical evidence and statements from Max to validate her claims). Family Court awarded sole custody to the abuser, and placed Sunny in supervised visitation. Sunny was bankrupted by the high cost of family court proceedings, and…

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Fostering Profits: Abuse And Neglect At America’s Biggest For-Profit Foster Care Company – BuzzFeed News


How Child Protection Services Buys and Sells Our Children

via Fostering Profits: Abuse And Neglect At America’s Biggest For-Profit Foster Care Company – BuzzFeed News.

Fostering Profits

A BuzzFeed News investigation identified deaths, sex abuse, and blunders in screening, training, and overseeing foster parents at the nation’s largest for-profit foster care company.

posted on Feb. 20, 2015, at 10:52 a.m.In the summer of 2004, a 15-year-old boy, needy and eager for attention, was driven down a road that stretched through the endless flatlands of Maryland’s eastern shore. The boy, known in court records as R.R., arrived at a dirt driveway, where a sign on top of a wooden post announced Last Chance Farm.

Four separate couples lived at Last Chance Farm. All were related to one another and all earned money taking care of troubled children who had been placed in foster care, including R.R.

But R.R.’s new guardians weren’t directly supervised or paid by the government…

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“I’ve decided to continue speaking…”


Family Court in America

From theCongressional Testimony of Stacy Lynne to Bill Windsor ofLawless America:

“… This morning I spoke for two hours at a meeting in Jefferson County for the first time since my son was taken nearly a year ago and I have nothing left to lose. They’ve taken everything from me. And I’ve decided to continue speaking as I have done before to help people learn about how to protect their children and their families from the corruption in the United States of America…

Lawless America…The Movie is all about exposing the fact that we now live in Lawless America. We no longer have laws that are enforced because judges do whatever they want to do. America has also become lawless because government officials are dishonest and/or corrupt.

The movie will expose corruption in every state. The Movie will focus on victims. Corrupt judges and corrupt government officials…

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When the Narcissist Becomes Dangerous/Psych Central


Protective Mothers' Alliance International

bipolar-woman-mask-200

Recently at a dinner party, talk turned to the current news story about Bill Cosby. As the only psychologist at the table, everyone looked at me as one person asked with intense curiosity, “How could anyone victimize women all those years, and still live with himself? How could you sleep at night?”

Since I don’t know Bill Cosby, I can’t speak for him; nor do I know if he is guilty of the accusations against him or not. But generally, in an actual situation like this, there is an answer to the question. The answer is one word: narcissism.

In many ways, it seems like it would be fun to be narcissistic. Wouldn’t it be great to go through life feeling superior to other people, and with unwavering self-confidence? Yes!

But as we all know, there is a dark side to narcissism. That unwavering self-confidence…

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RESEARCH SURVEY COLLECTION|California Protective Parent Association


 

 

RESEARCH SURVEY COLLECTION

California Protective Parent Association and Our Future Charitable Foundation are conducting an ongoing collection of data for a national research project. The project involves cases of children placed by family law courts into the custody of, or unsupervised visitation with their identified abusing parent.
The collection and compilation of this data is a very important step in promoting awareness, providing actual statistics, increasing funding possibilities, and bringing about family court reform and legislative change. Your input is greatly appreciated.
You can see the results of our preliminary survey after 22 participants on our Research Data page, and an updated May 2003 statistical report after 67 participants by visiting the California Protective Parents site by clicking here.

PROTECTIVE PARENT SURVEY QUESTIONNAIRE Re: Custody Outcomes of Children Reporting Incest/Battery

NOTE: If you are concerned about secure confidentiality, we suggest you PRINT this survey (from pdf format) and mail it to us by US mail at our CPPA/OCOF address. If you prefer and are not concerned with confidentiality, you may send it online, but be aware it is not on a secured server at this time.
Identifying information is for contact information purposes only, and will not be included in our data.

CONTACT INFORMATION
 Your Name:
 Mailing Address:
 City:
 State:

Please answer all questions appropriate to your case.You may use the space below for comments or questions: Thank you for contributing to this survey.
Please print and mail this survey to: CPPA/OCOF 1731 Howe Ave. #168, Sacramento, CA 95825-9785
Or fax it to: (530) 758-9785 (phone: 800 441-7886)
Or submit it electronically by clicking the “send Request” button below. (Confidentiality respected, but not guaranteed, due to Internet security.)

 Zip Code:
 Phone Number:
 Alternate Phone:
 E-mail Address:
CASE INFORMATION
     Case Name:
1.) Jurisdiction State:
2.) Jurisdiction County:
3.) Case Number:
4.) Year documents 1st filed:
5.) Case still in progress? Yes No
FINANCIAL COST
6.) Approximate sum of money paid related to case?
      (Include attorney fees, court filings, mediation, evaluations, supervised       visitation, court ordered classes, therapy, etc.)
7.) Have you ever had to file bankruptcy as a result of litigation costs?       Yes No
ATTORNEY HISTORY
8.) Have you ever been represented by an attorney in this case?       Yes No
9.) If so, how many attorneys represented you in this case?
10.) Has your ex-spouse/partner ever had legal representation when        you did not? Yes No
CHILDREN
11.) What were the ages of the child(ren) of this relationship at the time        of the separation?        Girl’s ages:      Boy’s ages:
12.) What is the approximate percentage of time each caretaker spent        caring for the child(ren) before the separation?         Mother:   %         Father:    %         Relative:      %         Other:          %
13.) At the time of separation, did the primary caretaker maintain primary        physical custody? Yes No
PRIMARY ISSUES
14.) Over which of the following issues were there disputes in your court        case? (mark all that apply)         Property settlement         Spousal support         Child support         Move away         Child custody/visitation         Alcoholism         Drug abuse/type of drugs:         Other:
15.) Who initiated the litigation?         Mother         Father
16.) Were you the victim of domestic violence perpetrated upon you by        the other parent? Yes No
17.) If so, did your children witness the violence?        Yes No
18.) Did the violence begin or escalate after separation?        Yes No
19.) Did your ex-spouse/partner ever threaten to take the child(ren) if        you left the relationship? Yes No
20.) Were there allegations of child abuse made during your family        court litigation? Yes No
ABUSE ALLEGATIONS
Complete the information below regarding allegations made during litigation, including who is the identified perpetrator and who first made the allegation (mark all that apply):
21.) Physical abuse allegation? Yes No        Identified as perpetrator:FatherMotherOther:        First allegated by:ChildFatherMotherOther:
22.) Sexual abuse allegation? Yes No        Identified as perpetrator:FatherMotherOther:        First allegated by:ChildFatherMotherOther:
23.) Verbal/emotional abuse allegation? Yes No        Identified as perpetrator:FatherMotherOther:        First allegated by:ChildFatherMotherOther:
24.) Neglect allegation? Yes No        Identified as perpetrator:FatherMotherOther:        First allegated by:ChildFatherMotherOther:
25.) Other allegation? Yes No        Identified as perpetrator:FatherMotherOther:        First allegated by:ChildFatherMotherOther:
26.) What was the age and gender of the first child at the onset of        his/her abuse?   Boy Girl
27.) What was the age and gender of the second child at the onset of        his/her abuse?   Boy Girl
28.) Did the child positively identify the other parent as the perpetrator?        Yes No
29.) Was there medical/physical evidence of the abuse?        Yes No
30.) Was there other corroborative evidence of the abuse?        Yes No
31.) What were the child(ren)’s symptoms? (check all that apply)         Sexual acting out         Depression         Stomach/head/other pain         Dissociation         Overwhelming anger/rage         Nightmares/insomnia/sleep disorders         Fears/phobias:         Eating disorders         Regression (bedwetting/leak feces/thumb sucking)         Constipation/diarrhea         Learning disability         Attention deficit         Suicide attempt         Other:
32.) Did the child(ren) receive Victim of Crime funding for therapy       related to the crime? Yes No
EX-SPOUSE/PARTNER HISTORY
33.) Prior to the separation, did your ex-spouse/partner receive any of the         following labels by mental health professionals? (mark all that apply)         Schizophrenia         Bi-polar disorder         Borderline personality         Depression         Anxiety         Post Traumatic Stress Disorder         Other:
34.) Does s/he have a history of alcohol and/or drug use?         Yes No
35.) If so, is s/he clean and sober?        Yes No     36.) Length of time clean and sober:
37.) Does s/he have a criminal history?        Yes No
38.) If so, what was s/he…        Arrested for?: 39.) Convicted of?:        Description:
PROTECTIVE PARENT HISTORY
40.) Prior to the separation, did you receive any of the         following labels by mental health professionals? (mark all that apply)         Schizophrenia         Bi-polar disorder         Borderline personality         Depression         Anxiety         Post Traumatic Stress Disorder         Other:
41.) Do you have a history of alcohol and/or drug use?         Yes No
42.) If so, are you clean and sober?        Yes No     43.) Length of time clean and sober:
44.) Do you have a criminal history?        Yes No
45.) If so, what were you…        Arrested for? 46.) Convicted of?        Description:
ADVISE
47.) Did anyone ever advise or insist that you not mention domestic         violence or child abuse in family law court?        Yes No
48.) If so, who advised you?         Attorney         Mediator         Advocate         Court personnel         Other:
49.) Did your attorney ever tell you that pursuing court action against        your ex-spouse/partner could negatively affect your case?        Yes No
CHILD CUSTODY
50.) Was custody changed to the other parent over your objection, by        an emergency court order, or without your court presence?        Yes No
51.) Was unsupervised contact given to the identified offender despite        evidence of violence or abuse?        Yes No
52.) Was unsupervised contact given to the identified alcoholic/drug         abuser without drug testing?        Yes No N/A
53.) Was custody changed after you raised any of the following issues?        (Mark all that apply)         Violence         Child abuse         Substance abuse         Criminal conduct         Violations of court order         Move-away         Spousal support         Child support
54.) Were judicial findings made stating that you were a danger to your        child(ren) or that you were an unfit parent?        Yes No
55.) Were you ever placed on supervised visitation?        Yes No     56.) If so, length of time:
57.) Were you restricted from having any contact with your child(ren)?        Yes No     58.) If so, length of time:
59.) Do you believe the other parent attempted to gain increased custody        to avoid paying child support?        Yes No
60.) Was financial discovery conducted in your case?        Yes No
61.) Did you give up assets to keep custody?        Yes No
COURT MEDIATION
62.) Did you participate in court-connected mediation regarding custody?        Yes No
63.) If so, was mediation:         Voluntary         Court ordered         Coerced by threats
64.) Were you required to meet face-to-face with an ex-spouse/partner        who perpetrated violence and/or threats of harm?        Yes No
65.) Did you lose any custody rights or contact with your children as a        result of recommendations by a mediator?        Yes No
EVALUATIONS
66.) Did you participate in court connected evaluations regarding        custody?        Yes No
67.) If so, who was evaluated?:         Mother         Father         Child(ren)         Others:
68.) Who selected the evaluator?:         Mother         Father         Court         Others:
69.) Who paid for the evaluator?:         Mother         Father         Court         Others:         
70.) Total amount paid for custody evaluation:
71.) Did you lose any custody rights or contact with your children as a         result of recommendations by the evaluator?        Yes No
CHILD’S ATTORNEY
72.) Did your child(ren) have an attorney/guardian?        Yes No
73.) If so, was he/she court appointed?:        Yes No
74.) Who selected the child(ren)’s attorney?:         Mother         Father         Court         Others:
75.) Who paid for the child(ren)’s attorney?:         Mother         Father         Court         Others:
76.) Total amount paid for child attorney:
77.) Did this attorney aggressively advocate for the safety of your         child(ren)?        Yes No
SYSTEM SUPPORT
78.) Was the other parent ever Arrested and/or Prosecuted        for spousal or child abuse?        Yes No
79.) Was Child Protective Services ever contacted to intervene in your        case?        Yes No
80.) If so, did they protect your child?        Yes No
EVIDENCE
81.) Did any court related professional ignore, minimize, or refute        evidence of abuse in your case?        Yes No
82.) If so, who?         Mediator         Evaluator         Attorney for minor         Judge         Other:
83.) Did any court related professional label you with any of the        following?         Parent Alienation Syndrome         Alienator         Folie a duex         Munchhausen’s Syndrome by Proxy         Delusional         Schizophrenia         Bi-polar disorder         Borderline personality         Depression         Anxiety         Post traumatic stress disorder         Other rare/unscientific label:
84.) In your case, was Richard Gardener, MD.:         An expert witness         A consultant         Quoted         Other:
PROCESS
85.) Do you believe you were discriminated against for your        attempts to protect yourself and/or your child(ren)?        Yes No
86.) If so, do you believe this occurred due to:         Unethics among court-related professionals         Unethics between ex-spouse/partner & court-related professionals         Financial/social status of your ex-spouse/partner         Gender bias         Other:
87.) Were evaluator or mediator recommendations ever provided to the        court less than 10 days before a hearing?        Yes No
88.) Were you prevented from seeing evaluations or reports that resulted        in custody decisions?:        Yes No
89.) Were you ever denied the ability to adequately present your case        (unable to present/examine witnesses, etc.)?:        Yes No
90.) Were hearings resulting in custody decisions held without your        knowledge or ability to be present (ex parte)?:        Yes No
91.) Were hearings regarding custody and visitation ever conducted        without a court reporter present?:        Yes No
92.) Were you ever threatened that talking publicly could result in        damage to your case?:        Yes No
93.) Were court transcripts complete and accurate?:        Yes No
94.) Were court transcripts denied or delayed?        Yes No
95.) If so, how long were the transcripts denied?
96.) Have you ever been incarcerated in a jail or mental health        facility due to the family law case?:        Yes No
CURRENT CUSTODY ARRANGEMENT
97.) What best describes your children’s current custody         arrangement? (mark all that apply)         Primary with protective parent, supervised with perpetrator         Primary with protective parent, UNsupervised with perpetrator         Joint custody         Full custody with perpetrator parent         Supervised visitation with protective parent         No contact with protective parent         Other:
98.) Are you able to protect your child(ren)?         Yes No
99.) Do you believe your child(ren) are still being abused?         Yes No
100.) Did your child(ren) continue to report abuse after custody was        changed to the identified abuser?:        Yes No
101.) Did you stop reporting suspected child abuse for fear your contact        with your child(ren) will be terminated?:        Yes No
Do you give us permission to contact you for further information?        Yes No
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Please Help Save Kendall (Short Video)


donnellyjustice

When you are finished watching this video, please visit: www.savekendall.com

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CALIFORNIA COALITION EXPANDS FAMILY COURT ATTACK TO EIGHTH CIRCUIT COURT OF APPEALS


California Coalition Expands Family Court Attack to Eighth Circuit Court of Appeals in Briefing Filed Today

by ccfceditor

March 6, 2015–San Diego, CA and St. Paul, MN–California Coalition for Families and Children, PBC today announces strategic legal partnership with  attorney Michelle MacDonald, MacDonald Law Firm, LLC, www.FamilyCourt.com, www.Facebook.com\FamilyCourt to strengthen the family law reform movement within federal courts in the Eighth Circuit and Minnesota family courts.  In a brief filed today with the United States Court of Appeals for the Eighth Circuit, Ms. MacDonald—co-founder of Family Innocence, a nonprofit dedicated to keeping families out of court: resolving conflicts and injustices peacefully  (www.FamilyInnocence.com)—advances groundbreaking arguments with assistance of California Coalition.

“We’re honored to stand with Ms. MacDonald and FamilyCourt.com to engage the beast of Family Courts, and look forward to collaborating further in advancing the Grazzini-Rucki case through the federal courts” says Colbern Stuart, President of California Coalition.

https://www.scribd.com/embeds/257912195/content?start_page=1&view_mode=scroll&show_recommendations=true

The Grazzini-Rucki brief expands on the approach taken by California Coalition in its ongoing appeal in the United States Court of Appeals for the Ninth Circuit.  Excerpts from the brief prepared jointly by MacDonald Law Firm, LLC, Michelle MacDonald, California Coalition, and Colbern Stuart:

 

INTRODUCTION

If aura there be, it is hardly protected by exonerating from
liability such lawless conduct as took place here
[1]
Nineteenth and twentieth century American judges have overstepped constitutional restriction to usurp powers reserved to the legislature and written for themselves an immunity far greater even than that of an English judge, or even a King, at common law.[2]  No court has ever denied that absolute immunity inflicts a “monstrous” injustice on wronged litigants, and taxes the credibility and integrity of judicial institutions.  Gregoire v. Biddle, 177 F. 2d 579, 581 (2nd Cir. 1949); Butz v. Economou, 438 U.S. 478, 521 (1978).  It has been justified as a necessary evil to protect the “ardor” of judges and prosecutors.  Id.  While one might reasonably have concluded that our efforts to assure “justice is done”[3] would have been better-directed toward inculcating ardor through discipline and integrity than by “expanding” immunity, the issue is moot.
Unlike the 1871 era of federal procedure in which a judge could be forced to stand trial on mere “ascription” of culpable intent to an accused act,[4] the reasonable concern is today resolved at the pleading stage.  Modernly, like all litigants a judge is protected by procedural barriers provided in Harlow v. Fitzgerald, 457 U.S. 800 (1982) and Pearson v. Callahan, 555 U.S. 223 (2009) which protect against a mere “ascription” of malice.  These are bolstered by the plausibility test provided in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Federal Rule of Civil Procedure 56 thereafter.  The purposes of immunity—to protect efficient process—is today accomplished at the pleading stage.
A Judge’s invocation of the doctrine of judicial immunity to preserve judicial efficiency has effectively denied citizens remedy—a fundamentalright—for judicial injury.
Fundamental  rights such as of familial association are destroyed by the nod of a head. In error, Pierson and Sparkman have deprived scores of Americans remedy for criminalwrongdoingPierson and Sparkman’s despotism must end today.

 

The Outrages Committed Against the Grazzini-Rucki Family and Their Attorney

Ms. MacDonald represents Ms. Sandra Grazzini-Rucki and her children, who have been devastated by Minnesota family courts.  The lawsuit describes the outrages committed by Minnesota Family Court Judge David Knutson against the Grazzini-Rucki family and their attorney Ms. MacDonald.  Ms. Grazzini-Rucki’s encounters with family courts began in 2011 when she sought and obtained a divorce, seeking orders of protection for her and her children.  Over the ensuing years, successive abusive rulings by the Minnesota Family Court rendered Grazzini-Rucki and her family homeless and bankrupt.

Judge Knutson’s illegal rulings included kicking the entire family out of their own home and separating the children from both parents, with no contact orders.  Last September, after a “listening session” conducted by Judge Knutson involving the Grazzini-Rucki children, two of Grazzini-Rucki’s children became so distressed that they fled from the homes into which they had been placed.  Teenagers Gianna and Samantha Rucki  have been missing since April 19, 2013. www.Missingkids.com.   In what can only be described as a bizarre absurdity, Judge Knutson insisted on conducting a “child custody “ trial after the children went missing.

Even more outrageous, after Ms. MacDonald advised Judge Knutson that the trial was improper, Judge Knutson caused Ms. MacDonald to be placed  in handcuffs shackled to a belt around her waist, sat in a wheel chair, and forced to finish trial to finish the “custody” trial without eyeglasses, pen, paper, or files.  While Ms. MacDonald was being arrested, courtroom bailiffs told Ms. Grazzini-Rucki that MacDonald would be retained in custody and would not be returning to the courtroom.  Ms. Grazzini-Rucki therefore left the courthouse.  When MacDonald was returned to the courtroom in shackles, Grazzini-Rucki had already left—yet Judge Knutson insisted on completing the trial without Ms. Grazzini-Rucki.  The events were captures on security video.  From the brief:

Judge Knutson sought, and the district court granted, dismissal of all claims as barred by absolute judicial immunity, finding every act accused in the Amended Complaint to be a judicial act within Judge Knutson’s jurisdiction.  Order at 21.  The many non-judicial acts of which Judge Knutson was accused in the Amended Complaint—but not analyzed in the district court’s sweeping immunity holding—include:
  • Searching and seizing person and property of Grazzini-Rucki and her children without probable cause or a warrant, including that she abandon her children;
  • Circumventing the Minnesota Court Information system regarding various Dakota County matters involving the litigants;
  • Causing state court administrators to assign “all future hearings” in various matters involving Grazzini-Rucki to Judge Knutson;
  • Illegally usurping jurisdiction over several existing matters involving Grazzini-Rucki, including the State of Minnesota against David Rucki, and third parties, and making rulings in those matters without notice to Grazzini-Rucki;
  • Illegally ordering Ms. Grazzini-Rucki’s children into “therapy”;
  • Illegally intercepting and sealing a recorded transcript Ms. Grazzini-Rucki was entitled to receive and view;
  • Ordering both parents to have no contact with their own children whatsoever;
  • Ordering Grazzini-Rucki to refrain from participation in her own family’s association activities;
  • Ordering Grazzini-Rucki to be separated from her children and have no contact with them at their schools, or through third parties;
  • Conducting a “listening” psychotherapy session between Judge Knutson, Dr. Gilbertson, and the Grazzini-Rucki’s children at which Judge Knutson was alleged to have coerced, intimidated, and threatened the Grazzini-Rucki children, contributing the children’s decision to run away from their home just days later;
  • Insisting that Grazzini-Rucki’s counsel try Grazzini-Rucki’s case while in handcuffs shackled to a waist belt, unable to rise from a wheelchair, without Grazzini-Rucki present, without Ms. MacDonald’s files, and without glasses, pen, or papers, seized by courtroom deputies;
  • Retaliating against Grazzini-Rucki’s counsel by the foregoing after Grazzini-Rucki’s counsel informed Judge Knutson that this action was pending against him, and ignoring the glaring conflict of interest.
Though this brief focuses primarily on the administrative assignment and “listening” therapy session, Appellant does not waive her assertion that none of the above functions, and those listed in the Amended Complaint warrant immunity.  The district court’s analysis of these many claims was skeletal yet sweeping, finding Judge Knutson immune for “actions taken in his capacity as a state court judge”, relying primarily on Stump v. Sparkman and Pierson v. Ray.  Order p. 32.  In response to Appellee Knutson’s Brief, and analyzed below, this broad “judicial capacity” scope and sweeping “analysis” was error.

 

 

Judges Bear the Burden of Proof on Immunity

Grazzini-Rucki asserted many of the challenges to judicial immunity as did California Coalition in its briefing before the Ninth Circuit.  California Coalition was pleased to join Grazzin-Rucki family in asserting those challenges in the Eight Circuit.  From the brief:

Judge Knutson Bears the Burden of Proving Immunity
Judge Knutson repeatedly asserts that Grazzini-Rucki “failed to raise” immunity issues in the district court.  See, e.g., Knutson Brf. p. 31, 34.  This is an improper attempt to shift onto plaintiff-appellant the burden of proving the affirmative defense of immunity, which rests solely with the party asserting it.  Fed.R. Civ.P. 8(c)(1);  Burns v. Reed, 500 U.S. 478, 498 (1991) (“An official seeking such immunity, however, must at the outset show that a “counterpart to the privilege he asserts” was recognized at common law in 1871, for “[w]here we have found that a tradition of absolute immunity did not exist as of 1871, we have refused to grant such immunity under § 1983.”).
The Supreme Court has repeatedly emphasized that an official claiming an affirmative defense of immunity bears the burden to prove that 1871 common law immunized the function of each act accused in the complaint.  See, e.g., Malley v. Briggs, 475 U.S. 335, 339-340 (1986) (“Our initial inquiry is whether an official claiming immunity under § 1983 can point to a common-law counterpart to the privilege he asserts.”); The Court “has for that reason been quite sparing in recognizing absolute immunity for state actors.”  Buckley v. Fitzsimmons, 509 U.S. 259, 269 (1993).
 The “function” analysis considers only historical fact.  Malley at 342 (“We emphasize that our role is to interpret the intent of Congress in enacting § 1983, not to make a freewheeling policy choice, and that we are guided in interpreting Congress’ intent by the common-law tradition.”); Tower v. Glover, 467 U.S. 914, 920 (1984) (“Section 1983 immunities are ‘predicated upon a considered inquiry into the immunity historically accorded the relevant official at common law and the interests behind it.’”).
Courts investigating the intent of the 1871 42nd Congress have examined accounts of 1871 social and legal systems from Nineteenth Century case law, legal treatises, and the congressional record.  The Supreme Court undertook this historical analysis most recently in Rehberg v. Paulk,, 132 S.Ct. 1497 (2012), examining nineteenth century cases to determine that the function accused—testimony of a grand jury witness—enjoyed immunity at common law.  Id. at 1503-07.[5]
An officer’s failure to prove up a common law analog is dispositive of the issue regardless of countervailing policy considerations. Rehberg at 1502-03 (“We do not simply make our own judgment about the need for immunity. We have made it clear that it is not our role ‘to make a freewheeling policy choice,’ and that we do not have a license to create immunities based solely on our view of sound policy.”).  Granting an immunity absent this historical analysis is error.  Scheuer v. Rhodes, 416 U.S. 232, 249-50 (1974) (“These cases, in their present posture, present no occasion for a definitive exploration of the scope of immunity available to state executive officials.”). 
Neither the District Court Nor Judge Knutson Have Analyzed Historical Foundations for an Immunity of Accused Function
Judge Knutson proffered, and the district court undertook, no historical analysis of whether any of the two dozen functions accused in the Amended Complaint were functions that enjoyed judicial immunity at common law in 1871.  The district court’s sweeping Order proclaimed that Judge Knutson’s “case management, his signing of orders, the substance of his orders, and the trial proceeding” were all taken in a “judicial capacity.”  Order p 33.  The district court reached this conclusion finding only that (1) “Judge Knutson has not interacted with Plaintiff outside of his courtroom or his judicial chambers” and (2) “the underlying family law case was within [his] jurisdictional authority.  Order p. 33.  On these purported findings, the district court found Judge Knutson acted in a “judicial capacity” and was thus immune.  Id.
Analyzed below, this broad-brush “judicial capacity” scope and summary analysis fails to “affirmatively state” the defense, which was exclusively Judge Knutson’s burden.  Fed.R. Civ.P. 8(c); Rehberg, supra.
The District Court Extended Immunity Based On Factors Not Relevant to Judicial Immunity
The district judge applied a “judicial capacity” scope of immunity that was far broader than that provided in controlling Supreme Court authority.  Immunity does not depend on the act or actor, but on the nature of the accused act.  Sparkman at 362.  Immunity may exist only if the accused act is both (1) “judicial in nature” and (2) within statutory subject matter jurisdiction.  Id.  The first “Judicial in nature” factor in turn depends on (a) “the nature of the act itself, i.e., whether it is a function normally performed by a judge,” and (b) “the expectations of the parties, i.e., whether they dealt with the judge in his judicial capacity.”  Id.  Not all official or authorized acts of a judge are “judicial acts”—judges also perform administrative, ministerial, or other types of acts that are not entitled to judicial immunity.  See, e.g., Forrester v. White, 484 U.S. 219, 229 (1988) (firing court employees could be performed by administrator and thus not “judicial”).
The test to distinguish between “judicial” and other types of acts is to analyze whether the act can only be performed by a judge.  See Ex parte Virginia, 100 U.S. 339, 340 (1879) (selection of jurors could be performed by administrator, thus not “judicial”); Forrester, supra; Antoine v. Byers & Anderson, Inc., 508 U.S. 429, 435 (1993) (court reporters “part of judicial function” yet not absolutely immune).  Absolute immunity is justified because judicial acts—and only judicial acts—are subject to standardized, scrutinized proceedings, restrained by principles of law, and are subject to appellate review.  Butz v. Economou, 438 U.S. 478, 516 (1978); Pierson v. Ray, 386 U.S. 547, 564 n. 4 (1967).  Because judicial acts are subject to such safeguards, the Supreme Court has justified relieving the actors from liability for civil money damages.  Id.

 

Administrative Behaviors of a Judge in Assigning Cases Are Not Immune

Judge Knutson also asserted that his administrative or ministerial behaviors in Family Court case assignments was an immune “judicial act” simply because he was a judge.  Grazzini-Rucki and California Coalition analyzed abundant law demonstrating that even though an administrative act is authorized or performed by a judge, the administrative act is not converted into a judicial act.  From the brief:

Judge Knutson’s Administrative Behavior in Assigning Himself to Certain Cases is Not Immune

The district court’s high-level “analysis” that Judge Knutson’s “case management” and “trial proceedings” extended immunity far beyond Sparkman’s scope of immunity to include behaviors which are clearly not judicial acts.  As one example, Judge Knutson’s “case management” behaviors in assigning all Grazzini-Rucki cases, including all future cases with third parties, and those with the State of Minnesota,  to himself is clearly an administrative act because it cannot be reviewed on appeal, is not subject to law, is conducted in private before parties are even aware of a judge, and may be performed by administrators as well as judges.
     The cases cited by Judge Knutson support Appellant’s conclusion.  Martinez v. Winner, 800 F.2d 230, 231 (10th Cir. 1986)[6] relied on Rheuark v. Shaw, 628 F.2d 297, 305 (5th Cir. 1980) (extending absolute immunity for “jurisdictional authority to appoint and supervise court reporters.”).  In both cases the “jurisdictional authority” was a statutory grant of administrative authority—not jurisdiction.[7]  Parent v. New York, 786 F. Supp. 2d 516, 532 (N.D.N.Y. 2011) also drew authority from Matinez’s (moot) holding.  “The assignment of cases and issuance of consolidation orders are judicial functions normally performed by, and statutorily reserved to, Judge Lippman. See [statute] giving Chief Judge and Chief Administrator the authority to assign judges to judicial terms and parts. . . .”  Parent at 532 (citation omitted) (emphasis added).
Parent’s holding is inconsistent with the Supreme Court’s judicial act jurisprudence.  The fact that the “Chief Administrator” function happened to be performed by a judge does not convert the “administrator” function to a judicial one—nothing in the New York statute prohibits a non-judge from undertaking the role of “chief administrator”, meaning that, like juror selection, it is an act that may be performed by a non-judge, and thus not a judicial act.  See Ex Parte Virginia, supra.  A “Chief Administrator’s” assignment process is ministerial—the only “function” is to follow the assignment procedure.  Failure to abide the ministerial process is not an appealable event.  A judge or administrator is not applying law to facts.  The process is not highly scrutinized.  As such, Parent reached its holding on analysis inconstant with controlling Supreme Court authority, and is error.
Similarly, in Zahl v. Kosovsky, No. 08 CIV. 8308 LTS THK, 2011 WL 779784 (S.D.N.Y. Mar. 3, 2011) the district court considered a claim for immunity of a judge who allegedly “manipulated the assignment system to take control of Plaintiff’s case . . . .”   According to the district court in Zahl, the plaintiff “cite[ed] no relevant authority in support of his conclusory assertions that such actions vitiated Justice Diamond’s jurisdiction to handle his case, and the Court has found none.”  Id. at *9.  The Zahl plaintiff apparently failed to identify any of the abundant relevant authorities including Ex Parte Virginia, Forrester, and Antoine, supra, which provide means to distinguish non-appealable acts of administrators from appealable acts only judges may perform.  Moreover, like the district court and Judge Knutson, the Zahl court improperly placed the burden of proving immunity on the Plaintiff rather than the official.  Malley at 339.
Zahl also erroneously relied on language in Stump v. Sparkman, 435 U.S. 349 (1978) instructing courts to construe subject matter jurisdiction (the second element of Sparkman’s two-element immunity test) broadly.  Zahl at *9. Sparkman’s instruction does not apply to the first “judicial act” element.  Sparkman at 362.  As above, the Supreme Court has been “quite sparing” in extending immunity under the judicial act element of the test.  Buckley at 269.  Zahl also focused analysis on failure to recuse when faced with motion identifying conflict of interest.  Id.  Ruling on a motion is an act which only a judge “normally” performs, and thus falls within Sparkman’s “judicial act” scope.
Bracci v. Becker, No. 1:11-CV-1473 MAD/RFT, 2013 WL 123810, at *6 (N.D.N.Y. Jan. 9, 2013) aff’d, 568 F. App’x 13 (2d Cir. 2014) is derived from Martinez, Parent, and Zahl and is error for the same reasons.  Further, in Bracci the plaintiff’s accused Judge Mulvey’s (a “chief administrative judge”) failure to remove Judge Becker (the trial judge) form the case, making Bracci more of a recusal case.  Like Zahl, recusal requires ruling on a motion—a judicial act.
In both cases the courts found what they (incorrectly) identified as “jurisdiction” based on statutes authorizing judges—as well as non-judge administrators—to assign cases.  Statutory empowerment goes to Sparkman’s second “within the jurisdiction” element of the immunity test—but is insufficient to satisfy the first, “judicial act” element.  Sparkman, supra.[8]  Judge Knutson repeats the error.  Knutson Brf. at 29-30 (citations to Billingsley and Duty).
Judge Knutson’s reliance on Hardy v. Nw. Mem’l Hosp., No. 93 C 1348, 1993 WL 85750, at *2 (N.D. Ill. Mar. 22, 1993) is misplaced.  Hardy erroneously analyzed judicial acts under the test for prosecutorial immunity.  Hardy cited Imbler v. Pachtman, applying the “intimately related with the judicial phase of the criminal process” standard.  Id. at *2.  Hardy failed to cite or analyze under judicial immunity precedents including Sparkman, Pierson, Bradley, or Randall.  Judges do not perform prosecutorial function, and thus the immunity of a judge is lost if she performs such functions.   Lopez v. Vanderwater, 620 F.2d 1229, 1236 (7th Cir. 1980) (finding judge performing functions of a prosecutor not entitled to either judicial or prosecutorial immunity).
Finally, none of the authority relied on by Judge Knutson analyzed the critical test—whether the function of assigning cases was a judicial act at 1871 common law.  Absent such analysis, the authority is error.  Rehberg, supra.

 

A Judge Working with a Psychologist in Child Custody Proceedings Is Not Performing a “Judicial Act” and is Thus Not Immune

Judge Knutson followed the modern trend of Family Court judges to wander far afield from traditional judicial functions—in his case performing what he called a “listening session” to “further” the children’s psychotherapy.  It was because of Judge Knutson’s harsh commands at the “listening session” that the Grazzini-Rucki children ran away.  California Coalition assisted Ms. MacDonald in formulating arguments that disproved Judge Knutson’s claim to immunity for working with a psychologist in the custody setting.  From the brief:

Judge Knutson’s “Listening” Psychotherapy Session with the Grazzini-Rucki Children is Not a Judicial Act

 Judge Knutson concedes he conducted a “listening session” with the five Grazzini-Rucki children “for the sole purpose” of facilitating psychotherapy of the children —complying with a “request from a court-appointed therapist for a structured family meeting.”[9]  During this psychotherapy session Judge Knutson harshly reprimanded and the children.  Days later two of them ran away from their home and have not been seen since.[10]
Following Rehberg, the district court should have analyzed whether the function of psychotherapy performed at the “listening session” was an immune function at 1871 common law.  Rehberg at 1503. The district court’s failure conduct this historical inquiry is error sufficient to reverse.  Scheuer at 249-50 (1974).
If the district court had conducted appropriate inquiry, it would find no tradition for psychotherapy function at 1871 common law.  Given that psychotherapy is a function developed in the twentieth century, and is only legally performed by licensed psychologists,[11] it would seem unlikely that Judge Knutson could identify an 1871 common law immunity for his psychotherapy behavior.
Other courts considering the question have found no immunity for psychologists (Jensen v. Lane Cnty., 222 F.3d 570, 577 (9th Cir. 2000) (finding no “firmly rooted tradition” of immunity for functions performed by private psychiatrists employed by prison)).  See also Hoffman v. Harris, 511 U.S. 1060 (1994) (Thomas, J., dissenting from denial of cert.) (“The courts that have accorded absolute immunity to social workers appear to have overlooked the necessary historical inquiry; none has seriously considered whether social workers enjoyed absolute immunity for their official duties in 1871. If they did not, absolute immunity is unavailable to social workers under § 1983.  This all assumes, of course, that “social workers” (at least as we now understand the term) even existed in 1871. If that assumption is false, the argument for granting absolute immunity becomes (at least) more difficult to maintain.”).
Further, the history of psychologists in the divorce industry demonstrates such functions are late twentieth century innovations.  “Family Courts” are a creation of the 1970s after the 1966 California Report on the Governor’s Commission on the Family.  L. Friedman, Rights of Passage: Divorce Law in Historical Perspective 63 Or. L. Rev. 649, 667 (1984).  The function of “psychologist-as-judge” custody evaluator was unknown to a divorce courtroom until the mid-1990s “as the supply of psychologists continued to increase and stricter third-party payer regimens were imposed for mental health treatment (Gould, 2006). [C]ustody evaluation services generally are neither highly regulated nor institutionalized, but rather may be characterized as a cottage industry (Schepard, 2005).” Robert F. Kelly, Sarah H. Ramsey, Child Custody Evaluations: The Need for Systems-Level Outcome Assessments, 47 Fam. Ct. Rev. 286, 291 (2009).
Finally, it is unlikely that the district court could have identified any function of a family court—including “listening sessions,” “therapy”, “reconciliation,” custody evaluations, or otherwise—existed at 1871 common law because in 1871 no civil judicial tribunal possessed jurisdiction over marriage, divorce, or child custody.  “It is elementary that in the early history of jurisprudence in England the common law courts exercised no jurisdiction over divorce cases, jurisdiction in such matters resting entirely with the ecclesiastical courts of the realm.” Peterson v. Peterson, 24 Haw. 239, 246 (1918).  See also Robert H. Mnookin, Child-Custody Adjudication: Judicial Functions in the Face of Indeterminacy, 39 Law and Contemp. Prob. 226, 234 (1975).

 

 Modern Family Court Jurisdiction Is Inferior; If It Has Immunity It is Extremely Narrow

 Knutson’s Brief speciously asserts that general jurisdiction includes jurisdiction over “family law matters.” [12]Family court jurisdiction is incontrovertibly inferior because it is specific.  Minn. Stat. 518.  Many courts recognize family courts as inferior tribunals.  Family Court “in a dissolution proceeding is a court of limited jurisdiction.”  King v. State Educ. Dep’t, 182 F.3d 162 (2d Cir.1999); People United for Children, Inc. v. City of New York, 108 F. Supp. 2d 275, 286 (S.D.N.Y. 2000) (Family Court not a “court of competent jurisdiction” for Rooker-Feldman analysis).
Randall v. Brigham, 74 U.S. 523 (1868) describes the limited scope of immunity for “inferior courts”: Judges exercising limited jurisdiction were immune for acts within the limited jurisdiction, and could be liable for civil damages for acts in excess of their jurisdiction, and for acts done “maliciously or corruptly.”  Randall at 531. [13]  While Judge Knuston bears the burden of demonstrating modern family court functions enjoyed any immunity at 1871 common law, in no case will he achieve an immunity scope greater than an 1871 inferior court; for judicial acts within their jurisdiction not done “maliciously or corruptly.”  Id.
Judge Knutson’s Assertion of Broad Immunity Lacks Authority
Judge Knutson asserts: “Acts and orders related to overseeing a family law case, including orders requiring therapy and efforts to facilitate it, are acts inherently judicial in nature.”  Knutson Brf. p. 35.  His authority does not support this proposition.
Judge Knutson cites Myers v. Morris, 810 F.2d 1437, 1448 (8th Cir. 1987), abrogated by Burns v. Reed, 500 U.S. 478 (1991).  Myers was the first case in this Circuit to consider the 1976 decision of Imbler v. Pachtman, 424 U.S. 409 (1976).  Imbler was the seminal Supreme Court case extending prosecutorial immunity under Section 1983 to acts of “the prosecutor in his role as advocate for the State.”  Id. at 431 n. 33.  The Court recognized that its general description was broad, and could potentially encompass administrative acts as well as prosecutorial acts, yet declined to provide a more precise definition:  “At some point, and with respect to some decisions, the prosecutor no doubt functions as an administrator rather than as an officer of the court. Drawing a proper line between these functions may present difficult questions, but this case does not require us to anticipate them.”  Id.
Myers picked up where Imbler left off, analyzing several acts by Scott County Prosecuting Attorney R. Kathleen Morris which fell within Imbler’s broad range of potentially-immune acts.  Meyers at 1449.  Myers extended a generous scope of immunity to every function of Ms. Morris that plaintiffs accused, including “her role in the initiation of criminal proceedings against them and her handling of evidentiary material.”  Id.  These several functions included investigation, advising police, interviewing children, and advocacy for the state during the criminal proceeding.  Id. at 1446-1452.
Meyers’ limited immunity incorrectly, drawing a line between pre-charging and post-charging phases.  Today post-charging investigative, administrative, administrative, and enforcement functions are not immune.  See, e.g, Kalina v. Fletcher, 522 U.S. 118 (1997).  Myers correctly limited prosecutorial immunity to criminal proceedings.  Meyers at 1452.  Myers also recognized that absolute immunity would not extend to enforcement or investigative functions in “approv[ing] or direct[ing] the removal of children from their homes upon the arrest of one or both parents.”  Id. at n. 11.[14]
Judge Knutson claim Myers immunizes “family law judges to work with experts to determine the care provided to children in custody and applying judicial immunity to that work.”  Knutson Brf. at 35.  This is incorrect.  Myers involved a criminal prosecution, not “family law judges.”  Myers at 1452 .  Myers did not involve Minnesota laws regarding “best interests,” nor a judge or psychologist determining “best interests”—but criminal prosecution.  Moreover, Myers expressly recognized that investigative functions such as the “listening session” in which Dr. Gilbertson and Judge Knutson “the session was held for the sole purpose of facilitating therapy…” are not prosecutorial. [15] Myers did not extend immunity to psychotherapy.
Judge Knutson finally claims—citing no authority—that “sealing the transcript of the session” was a judicial act.  The record indicates the opposite—that Judge Knutson was not undertaking the listening session pursuant to any order.  Having no relationship to any judicial act, the transcript—and its sealing—cannot be converted into one.

 

 The District Court’s “Judicial Capacity” Scope Relied on Elements Not Relevant To Judicial Immunity

The district judge’s sweeping analysis of the dozens of acts accused focused on a single fact that Judge Knutsen interacted with Grazinni-Rucki inside of his courtroom.  Order at 33.  Judge Knutson repeats the error.  Knutson Brf. p. 31.
The location of an accused act is not relevant to Sparkman’s two-factor test, which focusses on function regardless of location.  For example, Sparkman favorably cited Gregory v. Thompson, 500 F.2d 59 (9th Cir. 1974), which held that physically evicting a litigant from a courtroom is not an act “of a judicial nature.”  Sparkman at 370, fn. 10.  Justice White also cited a Sixth Circuit decision, Lynch v. Johnson, 420 F.2d 818 (6th Cir. 1970), holding that a county judge who had a plaintiff “forcibly removed” from a “fiscal court” and jailed was not immune.  Id.  See also Harper v. Merckle, 638 F.2d 848, 857 (5th Cir. 1981) (child support enforcement proceeding inside of courtroom and chambers not immune); Mireless v. Waco, 502 U.S. 9, 13 (1991) (physical assault outside of courtroom held immune).  Location of the act was one of the four-factor “debris” elements from McAlester v. Brown, 469 F.2d 1280 (5th Cir. 1972) which Justice White “cast aside” in distilling Sparkman’s “cogent two-part test.”  Harper at 857.[16]

 

 The District Court’s Reliance on Pierson v. Ray and Stump v. Sparkman Was Error

 Section 1983 Does Not Require Proof of Malicious or Corrupt Intent
The district court cited the seminal judicial immunity case, Pierson v. Ray, 386 U.S. 547 (1967), in connection with its holding that Judge Knutson is immune even if he acted “maliciously or corruptly.”  Order at 33.  Appellant did not—and need not—assert that Judge Knutson acted “maliciously or corruptly.”  Appellant asserts merely that he acted to deprive of constitutional rights.   Section 1983 does not require an allegation of specific intent, including malice or corruption, but only general intent to perform the act causing the deprivation of a constitutional right.  Monell at 685; Adickes v. S. H. Kress & Co., 398 U.S. 144, 232 (1970).  Malice and corruption were relevant in defeating common law immunities for common law torts.  Section 1983 was enacted to supplement common law tort liability—it turns on a “strict liability” standard, requiring no proof of intent.  IdSee also n. 22, infra (comment of Representative David A. Clark).
Pierson and Sparkman Erroneously Extended Common Law Immunity to Civil Rights Liability
 Pierson and Sparkman stand in error for exceeding the judicial power vested in United States courts under Article III of the United States Constitution.  In deciding Pierson and Sparkman, the Supreme Court construed Section 1983 to find an immunity which is not present on—and entirely inconsistent with—the face of the strict liability statute.   Monell v. Dep’t of Soc. Servs. of City of New York, 436 U.S. 658, 665-94 (1978)  Yet Section 1983 is not a subject for statutory interpretation; clearer language has likely never emerged from Congress.  Id.; see also Monroe at 185-191.
Instead of examining the unambiguous statute, Chief Justice Warren in Pierson instructs us to examine congressional intent, which Chief Justice Warren claims does not indicate an intent to abrogate the common law immunities of a judge.  “The legislative record gives no clear indication that Congress meant to abolish wholesale all common-law immunities . . . .  The immunity of judges for acts within the judicial role is equally well established [as the speech and debate privilege], and we presume that Congress would have specifically so provided had it wished to abolish the doctrine.”  Pierson at 554-555 (1967).
The “presumption” is as worthy as any speculation.  It overlooks the most obvious evidence of congressional intent—the unambiguous language of the statute itself.  Moreover, actual analysis of the congressional record, and history of judicial immunity reveals Chief Justice Warren’s presumption is simply wrong.
Pierson Incorrectly Analyzed Legislative Privilege Rather Than Judicial Immunity
In Pierson Chief Justice Warren “presumed” that “the immunity of judges” was “equally well established” as the legislative privilege.  Remarkably, in presuming, he failed to conduct analysis of the common law of judicial immunity—citing only to Bradley’s (post-Civil Rights Act) holding and Scott v. Stansfield, 3 Law Reports, Exchequer, 220.[17]   Pierson at 554.  Despite having on hand the meticulous historical analysis of nineteenth century common law and the 42nd Congress’ legislative intent provided by Justice Douglas in 1961’s Monroe v. Pape decision, Chief Justice Warren’s 1967 opinion ignored it.
Dissenting, Justice Douglas—the author of Monroe—did draw from his prior historical analysis of common law and the congressional record to the Civil Rights Act, reaching a forceful conclusion: “The Court’s ruling is not justified by the admitted need for a vigorous and independent judiciary, is not commanded by the common-law doctrine of judicial immunity, and does not follow inexorably from our prior decisions.”  Pierson v. Ray, 386 U.S. 547, 559 (1967) (Douglas, J., dissenting).  Similar rich analyses and enlivened opinions are evident in Monell v. Dep’t of Soc. Servs. of City of New York, 436 U.S. 658, 665-94 (1978); Pulliam at 529-544; Sparkman at 368 (Stewart, J., Powell, J., dissenting), Dykes v. Hoseman, 776 F.2d 942, 954 (11th Cir.  1985) (Hatchett, J, dissenting) (“[T]he en banc court holds that judicial immunity is complete, unqualified, and without exception . . .  As the majority concedes, no precedent, Supreme Court or otherwise, requires such a broad definition and application of the judicial immunity doctrine.  [N]o policy considerations justify such a result. . . .  Judges . . . will be able to deal willy nilly with the rights of citizens without having to account for willful unconstitutional actions.”).
Instead of analyzing judicial immunity, Justice Warren adopted analysis of legislative privilege from Tenney v. Brandhove, 341 U.S. 367 (1951).  In Tenney Justice Frankfurter considered whether a California legislative committee conducting a contempt proceeding against a man circulating a flyer protesting the committee was immune from an action under Section 1983.  Id. at 377.   The question was whether a common law “speech or debate” privilege protecting lawmaking activity could be extended to a lawmaker’s behavior in conducting the contempt hearing.  Id.
Justice Frankfurter traced the history of English common law preserving legislative speech or debate privilege as derivative of liberty—an extension of the voters’ freedom of speech and conscience.  Id. at 372-73.  Protection of “speech or debate” was necessary to prohibit the English King and his aristocracy from persecuting members of Parliament making laws unfavorable to the then-ruling class.  Justice Frankfurter aligned the English speech liberty with the federal “speech or debate” analog in the United States Constitution at Article I, Sec. 6, cl. 1.[18] Like Chief Justice Warren, Justice Frankfurter presumed—analyzing no legislative history—that the 42nd Congress would not have intended to limit any state’s legislative activity in enacting the 1871 Civil Rights Act because Congress was itself a “staunch advocate of legislative freedom.”  Id. at 376 (emphasis added).
Tenney justified extending the speech or debate liberty to the committee hearing function because legislators are directly-elected and immediately accountable to voters.  Id. at 378.  Tenney also held the narrow immunity was lost if “there was a usurpation of functions exclusively vested in the Judiciary or the Executive.”  Id.
Judicial Immunity is the Opposite of Legislative Privilege—Judges Are Sovereigns Possessing Not “Rights” but Delegated Authority
 Judicial authority and legislative freedom are night and day.  Judges exercise jurisdiction as sovereigns—not liberties from sovereigns.  While judges have all the rights of any citizen qua a citizen, a judge qua judge possesses no rights.  “First and Fourteenth Amendments restrain “only such action as may fairly be said to be that of the States.”  United States v. Morrison, 529 U.S. 598, 621 (2000).  “[T]he censorial power is in the people over the Government, and not in the Government over the people.”  New York Times Co. v. Sullivan, 376 U.S. 254, 282-83 (1964). There is no need for a judge to express opinions, experiences, or desires of her own or those she represents to create law—he/she is given law.  [19]Other than necessary for faithful adjudication, a judge’s “freedom of conscience” is irrelevant to judicial function—relevant “conscience” is given in the form of law that has matured through free debate elsewhere. County Judges do not function as a body, and (should) have no one to “debate.”  The United States and State of Minnesota constitutions do not extend a speech or debate privilege to the judiciary because courts are not empowered to speak or debate.  The function of a judge is to adjudicate—apply the given law to properly-admitted facts.  Judges are not representatives of voters, but independent of electoral will, passion, and accountability. There is no need to protect a judge’s “speech” other than to preserve the judge’s ability to pronounce adjudication—merely a “substantial state interest”[20] that must yield to Minnesota’s “fundamental law”—citizen rights such as remedy,[21] due process, equal protection, speech, and association.  See Theide v. Town of Scandia Valley, 217 Minn. 218, 226-27, 14 NW 2d 400, 406 (1944) (forcibly removing woman and children from their home in sub-zero weather by the town sheriff and forced to return to their “legal settlement” in another town for the purpose of obtaining poor relief violated “fundamental law”[22] despite consistency with state law.).  Minnesota courts may not construe statutes contrary to citizen rights under the “fundamental law.”  See T. Flemming, J. Norby, The Minnesota Bill of Rights: Wrapt in the Old Miasmal Mist, 7 Hamline L.Rev. 194 (1984).
 The long history of preservation of legislative speech and debate—a fundamental liberty—is entirely absent from the history of judicial immunity.  See Monell at 665-94; Pierson (Douglas, J. dissenting); Scheuer v. Rhodes, 416 U.S. 232, 243 (1974) (“Indeed, as the Court also indicated in Monroe v. Pape, supra, the legislative history indicates that there is no absolute immunity”); Pulliam at 540 (1984) (“every Member of Congress who spoke to the issue assumed that judges would be liable under § 1983”).  There being no “judicial speech” liberty in 1871, there is no reason to “presume” that the 1871 Congress would have seen need to expressly abrogate a tradition that has never existed.
Far from tradition, the “hoary doctrine of judicial immunity”[23] is expropriation.  Tenney’s “presumption” was a modest stretch of liberty over the border with sovereignty to protect the functions of elected representatives of the people.  Pierson’s adoption of Tenney’s stretch to protect sovereigns of the people was a full-force embezzlement of liberty.  Deployed today to exonerate sovereign county judges in their oppression of those in whom liberty is vested by the fundamental law, Pierson’s manufacture of judicial immunity is—in perspective—nothing short of a third American revolution.
Congress Expressly Intended to Abrogate Judicial Immunity
            Nor can Chief Justice Warren’s “presumption” withstand the incontrovertible record—The 1871 Congress repeatedly expressed intent that the Civil Rights Act would abrogate judicial immunity.  Congress adopted the language of Section 1983 from its criminal analog—the 1866 Civil Rights Act, today codified at 18 U.S.C. § 242.  Monroe v. Pape, 365 U.S. 167 (1961).[24]  Section 1983 was introduced by Ohio Representative Shellabarger, who explained his bill on the House floor by referencing Section 2 of the 1866 Act: “that section provides a criminal proceeding in identically the same case as this one provides a civil remedy for . . . ”[25]  The Acts thus “must be construed as in pari materia”—any construction of the 1871 Act must admit congressional intent in enacting the 1866 Act.  Picking v. Pennsylvania R.R., 151 F.2d 240 (3rd Cir. 1945).
On that record it is incontrovertible that the 42nd Congress affirmatively rejected common law judicial immunity.
I answer it is better to invade the judicial power of the States than permit it to invade, strike down, and destroy the civil rights of citizens. A judicial power perverted to such uses should be speedily invaded.
 Cong. Globe, 39th Cong., 1st Sess. 1837 (1866) (remarks of Representative Lawrence).  The 1866 Act was vetoed by President Johnson because it abrogated common law judicial immunity.[26]  In the fight to defeat the veto, Senate Judiciary Committee Chairman Trumbull expressed revulsion at the entire concept of judicial immunity: “It is the very doctrine out of which the rebellion was hatched.”[27]
            Section 1 of the 1871 Act (now Section 1983) passed rapidly through Congress because debate wasn’t necessary—Congress recognized Section 1 as merely “adding” a civil remedy to the 1866 Act.  Debate instead focused on section 2 of the bill (modernly Section 1985) because of concerns over federalism and regulation of private behavior.  Griffin v. Breckenridge, 403 U.S. 88, 99 (1971).
            The recorded debate demonstrates unequivocally that Congress intended to abrogate common law judicial immunity:
[T]he decisions of the county judges, who are made little kings, with almost despotic powers to carry out the demands of the legislature which elected them-powers which, almost without exception, have been exercised against Republicans without regard to law or justice, make up a catalogue of wrongs, outrageous violations, and evasions of the spirit of the new constitution, unscrupulous malignity and partisan hate never paralleled in the history of parties in this country or any other.
 Cong. Globe, 42nd Cong., 1st Sess. 186 (1871) (remarks of Representative Platt).
What is to be the case of a judge? . . . Is that State judge to be taken from his bench? Is he to be liable in an action?  … It is the language of the bill: for there is no limitation whatsoever on the terms that are employed, and they are as comprehensive as can be used.
Id. (remarks of Senator Thurman).
“[T]he judge of a State court, though acting under oath of office, is made liable to a suit in the Federal Court and subject to damages for his decision against a suitor, however honest and conscientious that decision may be . . .”
Id. (remarks of Representative Lewis).  Representative Arthur recognized the law would be a drastic reversal of common law immunity:
Hitherto, in all the history of this country and of England, no judge or court has been held liable, civilly or criminally, for judicial acts …. Willfulness and corruption in error alone created a liability . . . .  Under the provisions of this section every judge in the State court. . . will enter upon and pursue the call of official duty with the sword of Damocles suspended over him . . .”
Cong. Globe, 42nd Cong., 1st Sess. (1871) 365-366.[28]
Courts considering parallel questions have deferred to this vivid record.  See, e.g., Picking v. Pennsylvania R.R., 151 F.2d 240 (3rd Cir. 1945) (“But the privilege as we have stated was a rule of the common law. Congress possessed the power to wipe it out. We think that the conclusion is irresistible that Congress by enacting the Civil Rights Act sub judice intended to abrogate the privilege to the extent indicated by that act and in fact did so . . . .  The statute must be deemed to include members of the state judiciary acting in official capacity.”); Monell v. Dep’t of Soc. Servs. of City of New York, 436 U.S. 658, 665 (1978); Owen v. City of Independence, Mo., 445 U.S. 622, 643 (1980) (“Nowhere in the debates, however, is there a suggestion that the common law excused a city from liability on account of the good faith of its authorized agents, much less an indication of a congressional intent to incorporate such an immunity into the Civil Rights Act”); Pulliam v. Allen, 466 U.S. 522, 543 (1984).
Far from an intent to incorporate common law judicial immunity, Congress in passing both Acts specifically intended to eliminate it as the source of the monumental evil of state-sponsored oppression jeopardizing our nation’s existence by precipitating civil warfare.[29]

 

“The devastation caused by Minnesota Family Courts may be even more abominable than what we have  seen in California, Florida, Connecticut, and throughout the nation” says Colbern Stuart, President of California Coalition.  “Ms. Grazzin-Rucki’s family was so severely abused by Minnesota Family Courts that the children simply couldn’t withstand the turmoil.  Ms. Grazzini-Rucki’s and her children’s tragedy shows how atrociously incompetent and downright criminal American Family Courts have become despite handling delicate family matters, and why Family Court must immediately cease its disastrous experiment with family well-being” says Stuart.

California Coalition is passing along Ms. Grazzini-Rucki’s and Ms. MacDonald’s request to assist in locating the Grazzini-Rucki children–if you have any information about their whereabouts, please visit www.Missingkids.com to learn how to help.

With briefing on these critical family court immunity issues now ongoing in the Eighth and Ninth Circuits, Family Courts are facing more pressure than they’ve ever before experienced.  WeightierMatter will be posting regular updates of both cases.

 

Footnotes:

[1] Sparkman at 368 (Stewart, J. dissenting).

[2]  “[T]o no one will we sell, to no one deny or delay right or justice.”  Magna Carta (1215); “[W]here there is a legal right, there is also a legal remedy by suit or action at law, whenever that right is invaded.” Marbury v. Madison, 5 U.S. 137, 163 (1803) (quoting William M. Blackstone, 3 Commentaries *23).

[3] Connick v. Thompson, 131 S. Ct. 1350, 1365 (2011)

[4] “Few persons sufficiently irritated to institute an action against a judge for his judicial acts would hesitate to ascribe any character to the acts which would be essential to the maintenance of the action.” Bradley at 348.

[5] Similar historical analyses are apparent in Monroe v. Pape, 365 U.S. 167, 172-85 (1961); Monell v. Department of Social Services, 436 U.S. 658, 703 (1978); Pierson v. Ray, 386 U.S. 547, 559-62 (1967) (Douglas, J., dissenting); Hoffman v. Harris, 511 U.S. 1060 (1994) (Thomas, J., dissenting from denial of cert.) (“The courts that have accorded absolute immunity to social workers appear to have overlooked the necessary historical inquiry; none has seriously considered whether social workers enjoyed absolute immunity for their official duties in 1871. If they did not, absolute immunity is unavailable to social workers under § 1983; Kalina v. Fletcher, 522 U.S. 118, 132 (1997) (Scalia, J., concurring).  See also Jensen v. Lane Cnty., 222 F.3d 570, 577 (9th Cir. 2000) (finding no “firmly rooted tradition” of immunity for function of a private psychiatrist employed by prison).

[6] Martinez is abrogated law “mooted” by abandonment of the appeal.  Martinez v. Winner, 800 F.2d 230, 231 (10th Cir. 1986).

[7]  Rheuark relied on Slavin v. Curry, 574 F.2d 1256, 1263-64 (5th Cir.) opinion modified on denial of reh’g, 583 F.2d 779 (5th Cir. 1978), overruled by Sparks v. Duval Cnty. Ranch Co., 604 F.2d 976 (5th Cir. 1979) (“Under Texas [statutory] law trial judges select their court reporters, who thereafter serve during the pleasure of the judge.”  Sparks affirmed the Fifth Circuit’s en banc decision denying immunity to co-conspirators.  Dissenters in the Sparks en banc decision relied heavily on Slavin.  The Supreme Court’s affirmation in Sparks abrogates Slavin.

[8] A simple example is that the Chief Justice of the United States is authorized by law to serve as the Chancellor of the Board of Regents of the Smithsonian Institution.  20 U.S.C. § 76cc. Such authorization does not convert such service to a judicial act.  See, e.g., Lynch v. Johnson, 420 F.2d 818 (1970) (“A judge does not cease to be a judge when he undertakes to chair a PTA meeting, but, of course, he does not bring judicial immunity to that forum, either.”)  Id. at 820 (cited favorably in Sparkman at 370 n. 10).

[9] Opening Brief of Appellant’s, APP 124

[10] APP COA -291

[11] Minn. Stat 148.88, Psychology Practice Act. Also see Minn. Admin. Rules 7200

[12] Knutson’s Brief page 21

[13] This distinction was recognized in Sparkman, 435 U.S. 349, 356 (1978), fn. 7.  See also Randall v. Brigham, 74 U.S. 523, 535-36 (1868) (“In reference to judges of limited and inferior authority, it has been held that they are protected only when they act within their jurisdiction.”); Yates v. Lansing, 5 Johnson 282, 291 (N.Y. Sup. Ct. 1810) 1810 WL 1044, aff’d, 1811 WL 1445 (1811) (“[T]he judges of the king’s superior courts of general jurisdiction were not liable to answer personally for their errors in judgment. . . .  [W]ith respect to the inferior courts, it was only while they act within their jurisdiction.”); Phelps v. Sill, 1 Day 315, 327 (1804).  See also 1871 comments of Representative Arthur, infra, describing common law immunity: “Hitherto, in all the history of this country and of England, no judge or court has been held liable, civilly or criminally, for judicial acts …. Willfulness and corruption in error alone created a liability . . . .  “

[14] Specific to family issues, the Meyers plaintiffs accused “us[ing] the interviews [of children] to coerce perjured statements from young and vulnerable witnesses” in a criminal investigation and “initiat[ing] neglect proceedings in the family court on behalf of the Scott County Human Services Department [and] sign[ing] and approv[ing] the neglect petitions.”  Id. at 1450.  Because these functions are “functionally comparable to prosecutor’s initiation of the judicial process,” this Court extended absolute immunity.  Id. at 1452.

[15] Appellants’ Brf, APP 125

[16] All of the Fifth, Eleventh, and Ninth Circuit authority derived from McAlester’s four-part test is error after Sparkman.  See, e.g., Dykes v. Hosemann, 776 F.2d 942, 946 (11th Cir.  1985); Adams v. McIlhany, 764 F.2d 294 (5th Cir. 1985); Holloway v. Walker, 765 F.2d 517, 522 (5th Cir. 1985); Ashelman v. Pope, 793 F.2d 1072 (9th Cir. 1986), and dozens of authority-in-error relying thereon.

[17] Analyzed in Bradley at n. 16.  “[A] judge of a county court was sued for slander, and he put in a plea that the words complained of were spoken by him in his capacity as such judge, while sitting in his court, and trying a cause in which the plaintiff was defendant.”

[18] That privilege is narrow: “The Senators and Representatives . . . shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.”  The privilege is against arrest—not civil liability—does not extend to felonies or treason, or “breach of the peace”— a misdemeanor.  Arrest outside of “Session” is permitted, and members maybe “questioned” for activity other than “speech or debate.”  Tenney at 377 (citing Kilbourn v. Thompson, 103 U.S. 168 (1880) (false imprisonment not privileged); Marshall v. Gordon, 243 U.S. 521 (1917).  Even so limited Jefferson was fearful of the power it gave legislators.  Tenney at 375.  Hamilton was not so fearful of “the least dangerous branch”—because it exercised no similar liberty. The Federalist No. 78 (A. Hamilton) (1788).

[19] See Separation of powers Minn. Const. Art 3, sec 1.

[20] Gentile v. State Bar of Nevada, 501 U.S. 1030, 1074 (1991).

[21] Minnesota Constitution, Article 1. sec. 8 provides:

Redress of injuries or wrongs.

Every person is entitled to a certain remedy in the laws for all injuries or wrongs which he may receive to his person, property or character, and to obtain justice freely and without purchase, completely and without denial, promptly and without delay, conformable to the laws.

[22] “The entire social and political structure of America rests upon the cornerstone that all men have certain rights which are inherent and inalienable.  Among these are the right to be protected in life, liberty, and the pursuit of happiness; the right to acquire, possess and enjoy property; and the right to establish a home and family relations—all under equal and impartial laws which govern the whole community and each member thereof… The rights, privileges, and immunities of citizens exist notwithstanding there is no specific enumeration thereof in State Constitutions.”  Theide at 226-27, 14 NW 2d at 406.

[23] See Note, Liability of Judicial Officers Under Section 1983, 79 YALE L.J. 322, 337 (1969) (“Yale Note”).

[24] See also Yale Note at 327-328.

[25] Cong. Globe, 42nd Cong., 1st Sess. 60 (App.) (1871); Yale Note at 327.

[26] Yale Note at 327.

[27] Cong. Globe, 39th Cong., 1st Sess. 1758 (1866) (remarks of Senator Trumbull); Yale Note at 328.

[28] See also Yale Note at 328 and references to additional consistent comments in n. 38.  “On three occasions during the debates, legislators explicitly stated that judges would be liable under the [1871] Act.  No one denied the statements.”  “In sum, the question of congressional intent seems relatively clear: there was no universal acceptance of the broad English immunity rule in 1871, and the only legislative history available supports the proposition that Congress intended Section 1983 to cover judges.”  Yale Note at 328. Yale Note’s 1969 author left open the door that “the legislative history does not preclude entirely the Court’s construction of the statute if the policy reasons for judicial immunity are sufficiently persuasive.”  That “policy reasons” door was closed eleven years later in Malley.

[29] Congress’ intent to hold judges accountable is recorded as recently as 1979 by the 96th Congress:

[Section 1983] is an essential element of an extraordinary series of congressional enactments that transformed the relationship between the Federal Government and its constituent parts.  [T]he very purpose of the 1983 was to interpose the Federal courts between the States and the people, as guardians of the people’s Federal rights—to protect the people from unconstitutional action under color of State law, whether that action be executive, legislative, or judicial.

Statement of Representative David A. Clarke, Chairperson, Committee on Judiciary, Government of the District of Columbia on the  Act of Dec. 29, 1979, 93 Stat. 1284, PL 170 LH, 1st Sess. (Dec. 29, 1979) (emphasis added).

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The Lebensborn Program Pt. I: Nazi Program to Breed ‘Master Race’


Family Court Injustice

Family Court Injustice has been documenting events and real life stories of children stolen from their families by unjust courts or through government and judicial abuses of power. This article about the Lebensborn Program (1935-1945), Nazi Occupied Europe gives a glimpse into the Nazi eugenics program to create a “master race” that also included kidnapping and murder in it’s policies. Equally horrendous is the persecution of women participating in Lebensborn, and their innocent children, after the War ended. A dark chapter from history is the Lebensborn Program or Registered Society Lebensborn (1935-1945), Nazi Occupied Europe. Under the Lebensborn program, women (mostly unmarried) who were approved by the Nazi party to be racially pure were encouraged to get pregnant with SS officers, and high ranking Nazi officials in order to breed a “master race”.While some of the women chose to keep their children, a majority gave their children over to state…

View original post 1,349 more words

Montana’s “Throwaway” Youth Report Commissioned for the Eighth Judicial Circuit and Office of Juvenile Justice and Delinquency| Karen B. Francis, Contributor


Montana’s “Throwaway” Youth Report Commissioned for the Eighth Judicial Circuit and Office of Juvenile Justice and Delinquency

Prepared by: Marlin Farley, Jeri Brunoe, Consultants, and Karen B. Francis, State Training and Technical Assistance Center

Here is Your “Required Action,” Ms. Karen Francis:

http://mbcc.mt.gov/JuvenileJustice/DMC/2012MTNARunawayYouthReport.pdf

Study of a Similarly Eugenicist and Socially Darwinistic Government-Commissioned Study:

Read about how the US government, was inducing thin this 2001 study, was inducing its Socialist-Communist coercive control mechanisms for  “trauma-informed outcomes” research  by kidnapping children from healthy and fit parents and their schools (as this is from the Office of Juvenile Delinquency or Probation, an Executive Branch DOJ commission, quite sadly, that is if author of this post if properly “interpreting” their little newsletter that is public knowledge and found right over the public Internet.  If this is what they had no fear of disclosing to the American public to whom they are fiduciaries to the Public Trust and Integrity of the Judiciary (to keep the “GAME” going for their state county, and judicial treasuries and free federal land grants to hoodlum cops and social workers, doctors, daycare workers, and other first reporters, of course), then just imagine what they are not disclosing in the present 2015.  “Readers are Leaders,” so keep reading, or else you better start NOW!

There is no longer any such notion of “honest services,” but there is a Federal R.I.C.O. prosecutable predicate crime by private citizen attorney generals termed honest services fraud.  Connect it to an organized structure and a criminal enterprise with a pattern, people.  Think Child Advocacy Centers, Supervised “Visitation,” Juvenile, Dependency, Probate, Family Courts, Collaborative, Unified Law and Courts, residential treatment facilities, shelters, “community resource” (“community stakeholder” and “partner” and “third party faith-based organization” “resources”), your local big city sheriff’s office and office of juvenile probation and lucrative “diversionary” programs and “justice” children’s youth services facilities/peodophile amusement parks for, well, you know who if you have not found this blog by accident.  “Take heart and have courage, and keep fighting the ‘Good Fight'” (peaceably, of course, as in The First Amendment to the Federal US Constitution and incorporated Bill of Rights by way of ratification and application of the Fourteenth Amendment to the Federal US Constitution and incorporated Bill of Rights.  Read to your children, hug them every chance you get, and “teach them well.”  Read the Bible to them whether you believe in it or not (I happen to), for it is, at least, and instruction manual for life, but I hope you BELIEVE.

Signed, the Lion(ess), Who Watches the Hawk, Who Watches “The Mongoose” Who Watches the “Brood of Vipers” and Pharisees in the Family Courts of Fraud! (citing to The Holy Bible, all real versions)/

https://jonisaloom.wordpress.com/wp-admin/post.php?post=9643&action=edit

These infiltrators really underestimate the power of natural-born, “sovereign,” “elect” American citizens of this Repubic USA, and of course, of the INDOMOTIABLE SPIRIT OF MAN/(WO)MAN!

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  • (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 incorporated 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.

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IS A DELAY BETTER THAN A DISASTER?| CORRUPT CT


re-blogged with permission and intent from

CORRUPT CT

Is a delay better than a disaster?

Is a delay better then a disaster?

Benjamin Franklin once said, “You may delay, but time will not, and lost time is never found again.”  Now take a minute to think about this.  “A delay is better than a disaster” is another famous quote from an unknown source.  While the two conflict in their meanings they both have the same outcome when it comes to the safety of your children, family and loved ones you need to make a decision.

When it comes down to it, there is no delay long enough for me to accept that a disaster is imminent.  This is my flesh and my blood and I will, at any cost, do what I need to do to prevent this disaster from happening.  That is why when I found out the danger my son was in I contacted the DCF, and after 45 long days, (“the CT DCF delaying, but time continuing on”), they finally responded to me saying that no danger was present.

I offered them many leads, who and where drugs were being sold, my sons medication non-the-less and other narcotics, that he was being left home alone 4 to 5 nights a week so that his father could sleep with his alcoholic girlfriend in her garage.  I even gave them the name of witnesses who have seen this first hand, the drugs, the prostitutes and the selling of controlled and prescribed drugs – the best time and method to contact them.
*Had my son’s blood level checked for proper medication levels? – FAIL
*Contacted the school and pulled his records to see he is failing every class due to lack of medications? – Fail
*Had the father of my son submit to a urinalysis or tox screen? – Fail
*Spoke to the police about the nights I had to pick my son up because it was 2 in the morning, he found drugs in the house and was upset? – Fail Fail Fail
*Took the 5 simple minutes to call the first hand witnesses that could attest to his behavior, soliciting prostitutes, using drugs and emotionally and physically neglecting our child – Fail

I was hoping to tell you a story of an epic battle of custody and the DCF doing their jobs but I am not able to, all I can do is supply you with the dates, the people I spoke to, the people that never got back to me, and the fact that the outcome was, and let this be a lesson, it is ok to use drugs, pick-up whores, neglect your children and sell illegal narcotics, you just need to ensure the case worker you get doesn’t actually give a shit about children or their safety, (average 90% of them) and you are in the clear.

So, lets get these details in writing and see how we can try to rectify this situation as soon as possible, because even now time is passing, and no one but the big man in the sky or whomever you believe to be your higher power knows when it will turn from a delay into a disaster, but once that happens it is far to late and that is beyond acceptable.  If it is the delay that brings the disaster in this case, I will be sure that the DCF pays, I will spend my last breath, dollar and everything I have to bring this to the highest court I can because someone needs to be responsible for these disasters that seem to happen all the time, in the news and online.  The father is certainly not in the right, but he is a sick man, and I warned DCF all about it, it ends up being their neglectful acts in the end that lead to tragedy (an event resulting in great loss and misfortune).
So it started with a call to the CT DCF hotline, after a disturbing call from my son at 1:30am
An investigation was started, let’s call the investigator… Kathy, yes her real name, I pay taxes which pays her salary. So she comes to speak with me at my home, and to ensure the words exchanged were not misunderstood I had a witness here. It is no secret that DCF likes to change their story, most likely to save time and paperwork, just my opinion.. Anyway, I informed her of the many, many dangers lurking in the home that my son is residing in. One being he found drugs, two he fills his oil tank with diesel, play’s Dr. on when he gets his meds and not, The drug use and the drinking, days without hot water. I could go on but I thought I would let the investigator do her job. I did though inform her that there were people that were also concerned about my son and that I highly suggested she at least call, as she said she would.
Tuesday 1-25-11 she came to my home, it was supposed to be on Monday 1-24-11 but she couldn’t make it. On 2-18-11 I called because I had not heard from her and wanted to know how things were coming along, she informed me that she had not gotten any releases back from school, the Dr, or his counselor. So she called back to discuss the major concerns of my son….oh wait that was my mother! There is much more to this story, so I have to say check back tomorrow for the rest, including the involvement of supervisors. Sleep well and don’t let the DCF bed bugs bite.

MOTHER’S SON LEGALLY KIDNAPPED, “MEDICAL CONSENTER” JUST HAPPENED TO BE LAW CLERK FOR IMPEACHED FEDERAL JUDGE, US SDTX


MOTHER’S SON LEGALLY KIDNAPPED,

“MEDICAL CONSENTER” JUST HAPPENED TO BE LAW CLERK TO

IMPEACHED FEDERAL JUDGE  SAMUEL KENT

 US SOUTHERN DISTRICT OF TEXAS,

GALVESTON DIVISION

(no wonder federal case not going anywhere in US Southern District of Texas, Houston Division)

LIFE IN THE SURREAL WORLD JUST KEEPS GETTING MORE UNREAL, and DOWN THE RABBIT HOLE WE FALL , BUT JUST HOW FAR DOES ONE HAVE TO GO TO ESCAPE THE CORRUPTION?

Can you guess which former Harvard law school graduate and law clerk or secretary it was?  Gee, it was either the one who signed the affidavit, or, in the only other alternative reported, the one who was mentioned in the sworn affidavit.

http://judiciary.house.gov/_files/hearings/pdf/Wilkerson090603.pdf

http://www.chron.com/news/houston-texas/article/Feds-broaden-sex-misconduct-investigation-of-Kent-1671098.php

Your Real Mummy Loves You, Julian Jacob Worrell of Genealogy Saloom!

Note:  It is interesting to the author of this blog that legendary Houston Attorney who comments in the above Houston Chronicle article knows Carey Worrell (wife of League City/Clear Lake, TX realtor Brian Worrell), the sister-in-law, Matthew James Worrell . . . and family (the same one who vowed that if Julian’s Real Mummy failed to show-up for one of the multiple abortions he paid for over the public Internet with a credit card, misspelling both of mother’s names, said he and his “family” would “ruin” her and the child’s life which he said he wanted nothing ever to do with even though he had no doubt it was his.

Pursuant to non-contract, non-consenting, void ab initio due to, inter alia, implicit and explicit fraud upon the court and utter lack of due process of law, both procedural and substantive, this now married for convenience as admitted (though it has been reported by a four year old child, absent “coaching,” at least not from real mommy,  that he sneaks out on “Nancy” in the middle of the night tohug boys and girlfriends both,” while “Nancy” sleeps,  and . . . reformed (?) . . .  cured(?) . . . er . . .  Responsible Father and . . .  sweet child of God (See Harris County record on just how sweet circa Dec. 19, 2005, 2006)  is now illegally “sole managing ‘conservator'” of said child who has not been, thanks to him and his $20,000 bribe of which proof has not been difficult to locate in these cases which are ubiquitous and nationally recognized as “The Damon 10,000 Screw,” or, “The Fix Is In, kept away from the mother who raised him alone for over two and one half years now with no contact, not even a phone call on Christmas or his little birthday (stolen at age 5 1/2 when his little brain was still growing on May 08, 2012). https://www.linkedin.com/in/mattworrell

Mother is a former teacher who will most likely never be able to work in that field again thanks to being wrongfully entered into every state, local, national, and other databases because it was to late to “substantiate” evidence instead against the alleged pedophile father, or, in the alternative, father who took his son to private, but CPS-licensed “play therapist,” Kimberly A. Abernethy (North Houston, Texas) to “coach” him that he had been sexually assaulted by his father and “The Visitor-a ‘homeless teenager with black spiky hair'” who always spends the night at “Daddy and Nancy’s house” (where “Nancy’s” three small children resided in he/r former marital home with the man she admitted on court record to committing adultery with, official and unofficial court record, that is and whose money they take every month to the tune of approximately $2,000.00). You are rude, crude, and socially unacceptable in every way, and your fraud will be exposed, and your participating, bank-rolling criminal families who have committed federal crimes along with you.  This apparent millionaire who can afford a  $650/hr. and $450/hr. family law attorney and multiple private investigators for seven years even though his son no longer lives with the mother apparently needs the kind of validation that comes from sadistically telling your two year-old son how much one can’t wait to “throw ‘Mommy in jail because ‘Mommy’ can’t afford an attorney and ‘Daddy’ can.”  Gee, do ya’ think he read the Father’s for Equal Rights Manifesto that still retails exclusively online for approximately $100.00 entitled, Screw the Bi _ _ h?

Federal RICO lawsuits have been filed now in two states and three counties for exactly these types of indiscretions that, by statute, are defended by the Keepers of the Gates in many states by the attorneys general for the Office of Child Support Enforcement, Crime Victim’s Assistance Funds, and (UN)SAFE (free stalking for sociopath, narcissist, criminal fathers) supervised “visitation” (another completely unconstitutional phenomenon by which bags of cash only are carried out after not being recorded at the Cypresswood Drive location of “SAFE” (Exec. Director Marinelle Timmons, founder of “M.A.D.D.” locally) in Harris County, Texas . . . on a Saturday when “SAFE” Victim’s Assistance Centre, Inc. ( another criminal enterprise much like its Child Advocacy Center partners in Crime criminal enterprise which dabbles, inter alia, in  honest services fraud, a RICO predicate crime besides artifice to defraud the Public Trust) and when the BANKS ARE CLOSED (GEE, I wonder where that loot is carried off to).

  Do you think Judge Lisa Millard and Associate Judge Conrad Moren get extra vigorish per child enrolled in supervised visitation besides their state and local block grant funding and “community stakeholder” free federal land grants like the cops and their social worker buddies who must sign memorandum of understanding to “collaboratively” enforce the law?    Stay tuned.

Catch a Clue– “Collaborative” (law) is Conspiracy” and “Collusion,” among other predicate crimes and conflicts of interest  to the Federal R.I.C.O. Act of 1970.

“WOE UNTO YOU PHARISEES, SCRIBES, AND HYPOCRITES”

(MATTHEW 23:23, THE HOLY BIBLE, ALL REAL VERSIONS).

Fair Use and Legal Disclaimer (PROMINENTLY DISPLAYED):

Censorship is a crime, and author invokes he/r rights to pursue lawful, US Constitutional remedy as necessary and appropriate.

Author of this blog is not a lawyer, therefore none of the information herein or on this blog “legal advice.”

(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 incorporated 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 for  a full or partial retraction in a timely manner so that Author of this blog may respond expediently and lawfully.

Court AND DCF Desperate To Get Her 3 Year Old Daughter Out Of Harm


Court & DCF Desperate To Get Her 3 Year Old Daughter Out Of Harm

https://www.youtube.com/watch?list=PLHwUWpZcilvd7LBHqSB3GeQ4cAmqxFhj1&v=W3n0EgwlFYM&feature=player_detailpage

Source:  Court & DCF Desperate To Get Her 3 Year Old Daughter Out Of Harm, published on Youtube.com by CORRUPT CT <a href="/channel/UC5gnZZZORsSjZYGLNC8YkWA" class=" yt-uix-sessionlink     spf-link  g-hovercard" data-name="" data-sessionlink="ei=XZeqVIeQL8LWrAaqxIKgCg" data-ytid="UC5gnZZZORsSjZYGLNC8YkWA">Corrupt CT</a> on December 31, 2014

Melissa Harris’s Fight to uncover the truth of Connecticut’s family court, Connecticut DCF and the social workers. Exposing Connecticut judges, attorneys and G.A.L’s. Endless attempts to keep the truth from surfacing about her 3 year old daughters abuse, that the courts and it’s officials have continued to bury,and lie about. A mothers endless fight to free her daughter from harm and to have her returned home safely.

Fair Use and Legal Disclaimer (PROMINENTLY DISPLAYED):

(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 incorporated 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 for  a full or partial retraction in a timely manner so that Author of this blog may respond expediently and lawfully.

OKLAHOMA PAYS $300,000 TO SETTLE FEDERAL LAWSUIT AGAINST DHS


OKLAHOMA PAYS $300,000 TO SETTLE FEDERAL LAWSUIT AGAINST DHS

http://newsok.com/oklahoma-pays-300000-to-settle-federal-lawsuit-against-dhs/article/3648520

Oklahoma pays $300,000 to settle federal lawsuit against DHS
Misty Lynn Williams spent almost 14 months in Sequoyah County jail in Sallisaw to keep secret her daughter’s location. She said she was protecting daughter from being molested.
BY NOLAN CLAY nclay@opubco.com 65
Published: February 13, 2012

The state of Oklahoma has paid $300,000 to settle a lawsuit filed by a mother who hid her young girl after DHS workers rejected her concerns the girl had been molested.

Misty Lynn Williams Shown in jail clothes in July 2005.
Article Gallery: Oklahoma pays $300,000 to settle federal lawsuit against DHS
Settling DHS lawsuits
In the past three months, the state has paid almost $1 million to settle lawsuits involving the Oklahoma Department of Human Services, records show.
In November, the state paid $600,000 of the $1.1 million settlement that went to a young man who was sexually molested at a foster home. In 2006, the victim — then 15 — was molested by his foster father and the foster father’s live-in lover in Oklahoma City. He sued DHS and Shadow Mountain Behavioral Health System, which was hired by DHS to find foster parents.
In December, the state paid $92,500 to settle a lawsuit that blamed DHS for a boy’s death. Eli Kevin Johnson, 3, was murdered in 2009 by his mother’s boyfriend in Oklahoma City. The boy’s father alleged DHS did not do enough to protect Eli after he reported the boy had been abused in 2008.
In January, the state paid $300,000 to settle Misty Lynn Williams’ lawsuit against DHS workers and a former judge.
Misty Lynn Williams spent almost 14 months in the Sequoyah County jail in Sallisaw to keep secret her daughter’s location.
The unusual case attracted national attention — at first while the mother and girl were missing and then after the mother went to jail for refusing to reveal the girl’s whereabouts.
The mother, who grew up in Muldrow, said in a jail interview in 2005 that she was protecting her girl from further sexual abuse. “I would sit here until I die if I have to,” she told The Oklahoman in 2005.
“It was a long time but it was worth it,” Williams, now 33, said in December of her jail stay.
She and her daughter now live together in Van Buren, Ark. Her ex-husband — the girl’s father — has given up his parental rights. The girl is now 13.
A federal judge in Oklahoma City on Dec. 21 approved the $300,000 payment from the state on behalf of the Department of Human Services, its employees and former employees and on behalf of retired Associate District Judge A.J. Henshaw.
The settlement was split three ways — $100,000 to the mother, $100,000 to her attorney and $100,000 to a trust for her daughter.
DHS and the retired judge did not admit to any liability in agreeing to settle. Officials decided settling the federal lawsuit would be less costly than continuing to fight it, particularly since a key witness, a retired DHS worker, lost her memory of events after a stroke.
The mother alleged the girl’s father and other relatives molested the girl. She alleged doctors in 2002 found the girl, then 4, had genital warts, which is often a sexually transmitted disease.

Misty Lynn Williams Shown in jail clothes in July 2005.
MULTIMEDIA
PHOTOview all photos

Article Gallery: Oklahoma pays $300,000 to settle federal lawsuit against DHS
MORE INFO
Did you know
Settling DHS lawsuits
In the past three months, the state has paid almost $1 million to settle lawsuits involving the Oklahoma Department of Human Services, records show.
In November, the state paid $600,000 of the $1.1 million settlement that went to a young man who was sexually molested at a foster home. In 2006, the victim — then 15 — was molested by his foster father and the foster father’s live-in lover in Oklahoma City. He sued DHS and Shadow Mountain Behavioral Health System, which was hired by DHS to find foster parents.
In December, the state paid $92,500 to settle a lawsuit that blamed DHS for a boy’s death. Eli Kevin Johnson, 3, was murdered in 2009 by his mother’s boyfriend in Oklahoma City. The boy’s father alleged DHS did not do enough to protect Eli after he reported the boy had been abused in 2008.
In January, the state paid $300,000 to settle Misty Lynn Williams’ lawsuit against DHS workers and a former judge.
The father denied molesting the girl. His attorney, Monte Johnson, in 2005 called the sexual abuse allegation “pure fabrication.” The attorney last week declined to comment further.
After her divorce was final in October 2002, the mother fled with the girl. They left because the judge ruled her ex-husband could have overnight visits with the girl.
They ended up in 2003 in Texas.
While missing, the mother was charged in Oklahoma with a felony, child abuse. Based on a DHS worker’s statement, prosecutors alleged the mother abused her daughter by subjecting the girl “to unwarranted sexual abuse examinations on multiple occasions.”
DHS workers suggested the mother had a mental illness, Munchausen syndrome by proxy.
A parent with the unusual mental condition will make a child sick or try to mislead others into believing the child is sick for the attention.
Williams was arrested in Texas in October 2004 while leaving church. Her daughter was not with her. Because she feared she was about to be arrested, she had arranged for the girl to be cared for by others.
The child abuse charge was dropped in July 2005. But the mother was held in Sequoyah County jail until December 2005 for contempt of court. She was released after providing information about her daughter. The girl was found shortly afterward living with a couple in Texas.
The girl was returned to Oklahoma. Since then, she has lived with her father, in foster homes and with her mother.
The mother filed two federal lawsuits, dismissing the first in November 2009 shortly before trial. In the second lawsuit, she made several accusations. The second lawsuit originally named 26 defendants including then-Gov. Brad Henry and DHS Director Howard Hendrick.
Her chief accusation was that a rogue DHS worker covered up evidence of her daughter’s molestation because the worker was friends with her ex-husband’s influential family. She alleged the worker told a counselor, “They’re just trying to frame an innocent man.”
She alleged the DHS worker manufactured evidence she was mentally ill. She alleged others tried to cover up the misconduct and later retaliated against her because of the negative publicity.
An oversight state agency, the Oklahoma Commission on Children and Youth, at one point issued a confidential report critical of how DHS initially investigated the case.
The mother’s attorney, Ty Clevenger of Texas, said last week, “I get angry just thinking about this stuff.”
Read more: http://newsok.com/oklahoma-pays-300000-to-settle-federal-lawsuit-against-dhs/article/3648520#ixzz1mTdM6wki
Written by dawneworswick
February 15, 2012 at 6:38 pm

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  • (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 incorporated 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.
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SMITHFIELD, PA: MAN SUES CYS FOR WRONGFUL CHILD “REMOVAL,” 2008


June 17, 2008

PA- Smithfield man sues county CYS

6-17-2008 Pennsylvania:

A Smithfield man has sued Fayette County Children and Youth Services on Monday, claiming that the agency had no right to remove his children – ages 5, 6 and 8 – from him in 2006.

A caseworker took the children from the 29-year-old man’s home during an investigation into his relationship with a 16-year-old girl who sometimes baby-sat the children.

The man, referred to as John Doe in the suit, and the 16-year-old, identified only as K.K., both told a CYS caseworker that they waited until she was 16 to have a physical relationship, according to the suit, filed in federal court in Pittsburgh. The age of consent in Pennsylvania is 16.

Also filed was a request for a temporary restraining order that would return Doe’s children to him.

The suit, filed by American Civil Liberties Union of Pennsylvania attorney Sara Rose, indicated the man never was accused of abusing his own children, and asks a judge to order their immediate return.

“My kids are my whole life and I just want them back,” Doe is quoted as saying in an ACLU-issued press release about the suit.

Rose said that CYS “abused its power to place children in state custody by removing these children from their father, even though the children never have been abused and are in no danger of abuse.

“As a result, Doe has had no contact with his children for almost a year, and has not lived with his children for almost two years. That is time with his children that he will never get back,” Rose said.

The children have lived with Doe’s parents since September 2006, and Doe has had no communication with them since August 2007.

“Even parents convicted of abusing their children often are allowed more contact with their children than plaintiff,” Rose contended in the suit.

According to the filing, Doe got involved with K.K. in 2006, after she turned 16.

K.K. also acted as a baby sitter for the Doe children, according to the complaint, and Doe and K.K. have known one another “for a number of years through family connections.”

The suit indicated that Doe and K.K. “deliberately waited” until K.K. turned 16 to initiate a sexual relationship because they called the Crime Victims Center of Fayette County to inquire about the age of consent in Pennsylvania.

K.K.’s mother found out about the relationship and called police in September 2006, Rose indicated.

“The police declined to press charges against plaintiff because engaging in a consensual sexual relationship with a 16-year-old is not a crime under Pennsylvania law,” Rose wrote.

The legal standards that police and CYS apply to cases differ.

K.K.’s mother also contacted CYS, the suit alleged, and a caseworker initiated an investigation. During that investigation, they both admitted to having a sexual relationship after K.K. turned 16, according to the complaint.

In November 2006, a letter from CYS informed Doe that the agency had determined there was “substantial evidence” that he sexually abused K.K. Doe appealed in January 2007, the suit indicated. The state Department of Public Welfare heard the appeal in November 2007, and has not yet rendered a decision.

The suit indicated a caseworker called Doe on Sept. 22, 2006, and asked if there was anywhere his three children could stay during a 60-day CYS investigation into the investigations into the allegations that he abused K.K.

If there was nowhere for the children to stay, the caseworker told Doe that they would have to go into foster care, the suit alleged.

Doe sent the children to stay with his parents, according to the suit. He was allowed supervised visits by CYS, the suit indicated, and visited with them daily until Aug. 1, 2007.

That day, another caseworker came to Doe’s parents’ home with two state troopers and said she believed he was having unsupervised visits with his children.

That caseworker threatened to remove the Doe children unless plaintiff’s mother signed a plan that forbade Doe’s parents from allowing the children to have any contact with the plaintiff, the suit alleged.

Neither caseworker told Doe or his mother what their rights were, Rose alleged.

On Aug. 2, 2007, a third caseworker told Doe’s mother that he could not talk to his children unless he completed a sex-offender treatment program.

Doe indicated in the suit that he attended one sex-offender class, but stopped after learning that one of the requirements was admitting that he was a perpetrator of sexual abuse.

“Plaintiff refuses to state that he is a perpetrator of sexual abuse, as he disputes defendants’ claim that his relationship with K.K. constituted sexual abuse under the law and contests defendants’ contention that he is a perpetrator as that term is defined in the Child Protective Services Act,” the suit stated.

The suit indicated that CYS closed the case and indicated that it is the agency’s policy that because Doe is believed to be a sexual abuser that he cannot have any contact with his children.

Doe, according to the suit, is the children’s’ legal guardian since June 2005, when he and their mother separated. Their mother has been a psychiatric patient at Torrance State Hospital in Torrance since February 2008.

U.S. District Judge Donetta W. Ambrose has been assigned the case. ..News Source.. by Jennifer Harr, Herald-Standard

SUPERVISED “‘ACCESS’ AND ‘VISITATION'” GRANTS TO THE STATES: PAY-PER-VIEW PARENTING IS EXTORTION UNDER FEDERAL R.I.CO. PREDICATE LAWS


42 U.S. Code § 669b – Grants to States for access and visitation programs

Current through Pub. L. 113-185. (See Public Laws for the current Congress.)

US Code
Notes

prev | next
(a) In general
The Administration for Children and Families shall make grants under this section to enable States to establish and administer programs to support and facilitate noncustodial parents’ access to and visitation of their children, by means of activities including mediation (both voluntary and mandatory), counseling, education, development of parenting plans, visitation enforcement (including monitoring, supervision and neutral drop-off and pickup), and development of guidelines for visitation and alternative custody arrangements.
(b) Amount of grant
The amount of the grant to be made to a State under this section for a fiscal year shall be an amount equal to the lesser of—
(1) 90 percent of State expenditures during the fiscal year for activities described in subsection (a) of this section; or
(2) the allotment of the State under subsection (c) of this section for the fiscal year.
(c) Allotments to States
(1) In general
The allotment of a State for a fiscal year is the amount that bears the same ratio to $10,000,000 for grants under this section for the fiscal year as the number of children in the State living with only 1 biological parent bears to the total number of such children in all States.
(2) Minimum allotment
The Administration for Children and Families shall adjust allotments to States under paragraph (1) as necessary to ensure that no State is allotted less than—
(A) $50,000 for fiscal year 1997 or 1998; or
(B) $100,000 for any succeeding fiscal year.
(d) No supplantation of State expenditures for similar activities
A State to which a grant is made under this section may not use the grant to supplant expenditures by the State for activities specified in subsection (a) of this section, but shall use the grant to supplement such expenditures at a level at least equal to the level of such expenditures for fiscal year 1995.
(e) State administration
Each State to which a grant is made under this section—
(1) may administer State programs funded with the grant, directly or through grants to or contracts with courts, local public agencies, or nonprofit private entities;
(2) shall not be required to operate such programs on a statewide basis; and
(3) shall monitor, evaluate, and report on such programs in accordance with regulations prescribed by the Secretary.

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Fair Use and Legal Disclaimer (PROMINENTLY DISPLAYED):

  • 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 incorporated 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 for  a full or partial retraction in a timely manner so that Author of this blog may respond expediently and lawfully.

 

 

MORE ON THE WAR ON WOMEN AND SMALL CHILDREN IN THE FRAUDULENT FAMILY COURTS


MORE ON THE WAR ON WOMEN IN THE FRAUDULENT FAMILY COURTS

http://www.consciousbeingalliance.com/2012/05/a-life-sentence-family-courts-sacrificing-mothers-and-children-in-america/

WATCH 4-YR OLD HAYDEN GET KIDJACKED BY THE “SS” AND COPS WHO WERE CALLED BY MOM TO HELP WITH A “DOMESTIC VIOLENCE” SITUATION


WATCH 4-YR OLD HAYDEN GET KIDJACKED from his REAL MOMMY, MAILE,  BY THE “SS” AND COPS WHO WERE CALLED BY MOM TO HELP WITH A “DOMESTIC VIOLENCE” SITUATION

The Gestapo “SS” social worker swine, on a tip from cops called in for help from a Real mommy trying to do the right thing the law tells her to do in what she reports as having been a domestic situation, famously leave children in homes they shouldn’t, but kidnap children from fit and loving homes.  The last story we heard about where Texas CPS for Department of Family and Protective Services (“DFPS”) “removed” a child for the parent admitting to smoking marijuana, the beautiful little 2 year old Alexandria Hill in Austin, Texas died with her head bashed in a week later in foster care.  Little four year-old Hayden’s mother, on the other hand, and notice their beautiful 4-bedroom home in this video, had a medical prescription for very legitimate reasons in a state where this it is completely legal and lawful to smoke marijuana for medical reasons.  Without commenting on the morality of marijuana for any purposes, the injustice of this blatantly unconstitutional scenario as depicted below directs the verdict for you…

http://www.youtube.com/watch?feature=player_detailpage&v=0GyBtTQmAJc.

Published on Jan 28, 2013

If no one stands up for what’s right, this horrifying legal abduction and corruption of innocent children will continue. Please share Hayden and his mom Maile’s story, and please follow their David and Goliath daily battle for reuniting @ http://momsagainstcps.blogspot.com Thank you.

Poor little Hayden.  I wonder where he is now.  His mother probably does also, and also  the father or boyfriend who appears to have (as alleged) committed  a much more forgivable crime than those charged with enforcing the law and protecting and serving the public (trust) who are sovereign over them as a matter of law and fact as per the Federal US Constitution and incorporated Bill of Rights through Ratification and Application of the Fourteenth Amendment and, among other Founding documents and articles of this Republic US–a self-governing common, natural law sovereign land–The Declaration of Independence which guarantees the fundamental rights to “life, liberty, and the pursuit of happiness.”

CAUTION--IT HAS BEEN REPEATED YOUR ENTIRE LIFE….NEVER, EVER, EVER, EVER, EVER…NEVER SIGN ANYTHING WITHOUT AN ATTORNEY PRESENT!   THAT BEING SAID, IN A CPS CASE, ONE MIGHT SAY ONE WOULD BE RISE TO NOT SIGN ANYTHING, THOUGH NOT LEGAL ADVICE AS I AM NOT AN ATTORNEY, LAWYER, PARALEGAL, TRIAL ADVOCATE, OR OTHERWISE BOARD-CERTIFIED OR LICENSED LEGAL PRACTITIONER.

Also, know that if you call the police for any reason, especially for “domestic violence,” they will most likely call cps per mandatory policy, and, depending on what city you live in, a “Crisis Intervention” or “Emergency Response Team” may also be dispatched to your home, further traumatizing an otherwise completely healthy, loved, happy, well taken care of, and “normal” child.  Foster care brings in about $1,000 per diagnosis they can invent for one’s child, and each child “removal” yields a per diem bonus and/or social worker promotion each month between $300-$400.00…just for the Fourth Amendment and Fourteenth Amendment violation, and most likely First, Fifth, and Ninth Amendment violations and deprivations under the color of law in abuse of badge, power, position, and “title.”

Source:  A Mom vs. CPS, Uploaded to Youtube.com by Catrina Coleman on January 28, 2013 (standard Youtube license)

Emily Joy Lake: Interstate Child Protective Services Fraud and Abuse Case


Educate-Yourself
The Freedom of Knowledge, The Power of Thought ©

Emily Joy Lake:
Interstate Child Protective Services Fraud and Abuse CaseBy Susan Detlefsen <motherinterrupted@motherinterrupted.us>
http://educate-yourself.org/cn/susandetlefsenupdatesonemilylake20agu05.shtml
August 20, 2005http://www.motherinterrupted.us/Emily.htmOn Wednesday, August 17, Portland Judge Nan G. Waller (Nan.G.Waller@state.or.us) ordered Emily Lake to be sent to Michigan citing the uniform commercial code (UCC) which proves, does it not, that Emily is an item for income?Someone pointed out UCC refers rather to the uniform child protection act, but I’m not sure of that yet. Anyway, the point is, Emily was ordered sent back to Michigan. However, I just spoke with Roger Weidner who says Judge Waller has not yet signed the order, and that Lynnae Lake stayed down in Salem last night to keep fighting for her daughter through the Oregon Supreme Court.In spite of irrefutable evidence of fraud, collusion and outright lies, Portland Judge Nan Waller, without ever hearing from Emily Lake, ordered her to be turned over to Michigan authorities.Emily’s mother, Lynnae Lake <annewhite2005@hotmail.com>, had a visit with Emily on Monday, and stated, for the record, that her daughter told her she had been asked to withhold information about the CPS strategy from her mother, that she had been offered various gifts for her cooperation. In spite of this, Emily told her mother that she had been crying for her and asked when she could come home to her mother.

Emily told her mother during the Monday visit that her eyes were hurting her, but that DHS refused to take her to the hospital or to see a doctor.

Emily’s so-called attorney Lynn Haxton declined to speak on Emily’s behalf, and since Emily was not there, I asked Judge Waller if I could read a letter from Emily. “I object” was the only thing I heard Paxton say during the hearing. She objected to anyone communicating anything from Emily to the court. Why? Because she is involved in criminal racketeering, fraud and child exploitation.

One of the court watchers present today agreed to be the principal plaintiff in a lawsuit against Ms. Paxton for failure to represent Emily Lake, and for violating her right to safety and to a permanent home, with the mother she has lived with since birth, except for the period when Emily was 4 years old and she had been snatched and put in foster care by Michigan CPS–which is the reason Emily and her mom left Michigan in the first place.

“Dear Susan, My name is MJ (Emily apparently became aware of the underground nature of her existence here in Oregon and made up a name for herself, as her mother had done). I am a child between the age of 7 and 10. CPS is chasing us. We had to leave our home. I heard you are trying to stop CPS. Please help us too by telling people we want to go home. I want this to end. Love, MJ” This was the letter I received from Emily back in February when I started getting to know her and her mom, whom I knew as “Anne”. The letter, as well as some of Emily’s artwork, were left with Judge Waller to go into Emily Lake’s Oregon file.

Lisa Kaufman, Ms. Lake’s court-appointed attorney, did a pretty good job arguing her case, and fighting to have Emily released. She pointed out the community Emily had developed around her since moving to Oregon, as evidenced by the number of Emily’s supporters present in the courtroom. She cited various statutes pointing to the court’s obligation to look at Emily’s current situation and needs, and that the Michigan petition was not valid, since at the time it was served in Oregon, it was outdated.

In spite of all this, and overwhelming evidence, that no one in charge of Emily’s custody here, neither the attorney general (or district attorney) Springer, nor Emily’s caseworker, JD Devros, nor the girl’s own attorney, Lynn Haxton, have done anything to protect this child from abuse by Portland Police or medical neglect, in failing to have Emily seen by a doctor since she has been complaining about the pepper mace sprayed in her eyes.

Lynnae Lake left the Portland Juvenile Courthouse today for the federal building to try to get an injunction on Emily’s extradition back to Michigan.

August 17, 2005

Dear Emily,

I wanted you to know that [my daughter} and I came to try to say goodbye to you tonight. You were a bright light in my life while you were in Portland. I will never forget our trip to Mt. Hood, the Oregon Coast and the hike up to Multnomah Falls, and the evening I did all those different hairdos on you. I think I have photos of that somewhere.

I have your paintings, which are so precious to me. Thank you for leaving them with me.

Emily, if you don’t want me to have photos or paintings by you on my MotherInterrupted Web site, just tell me, and I will take them down. I want to hear that from you though, because many times I have received emails from CPS workers claiming to be “child x” wanting me to take down their Web page, then later I find out that the kid did not even know about the Web site until the state worker coerced them into agreeing to cooperate with scolding me about exposing their story. I am telling you this because you are old enough and smart enough to figure out what CPS is really all about, right?

I put this Web site up to let the world know what CPS is doing to all you kids, but your privacy is very important, so just let me know. I would need to hear directly from you before I take anything down, ok?

So many people are talking about you and your mom. I just got off the phone with Roger Brown, a renowned sociologist who has taken great interest in your case. He has proof that CPS is hurting kids like you by taking them from their parents.

You will be so proud of your mother someday. I wish you could have heard her today, and last Monday, taking on DHS, CPS, the district attorney and even the judge, in her fight to get them to let go of you. Your mother is still working on paperwork, right now. She is down in Salem, filing motions with the Oregon Supreme Court to try to get you back. She reminded me of a mama lion–and a very smart lion–going after a predator.

Alas, CPS is a very powerful institution, and it will take a good hard fight to get them to lay off the kids. My dream is to free the children someday of CPS.

I tried to leave a special teddy bear from Oregon for you to take back to Michigan, and one of your paintings I thought you might want to take with you as a souvenir of your time here in Portland. Of course, your captors would have nothing to do with me and ordered me to leave the building immediately. They don’t like me because I am telling the truth about what they are doing to kids and families.

Emily, I will miss you, little angel. Send me an email sometime.

Your friend forever,
MotherInterrupted
Emily in Oregon, February 2005, with “Sgt Pepper”.

See how “endangered” she was while in the custody of her mother in Oregon?

Emily is an artist. When she came to our house, Emily loved to use my water colors. I eventually gave her some water colors of her own. Here is my favorite painting by Emily.

One of my other favorites is the “pear people” painting, which is hanging across from my own giant pear painting, which I painted myself with a friend a couple years ago.

In February of 2005, Emily Lake and her mother “Anne” moved to Oregon to avoid being destroyed by Michigan CPS. I did not know the full details of their story until they were apprehended last Wednesday, August 10, 2005.

Monday, August 15, 2005: Emily finally gets a visit with her mom. Details of the visit are being kept confidential for now, so as not to compromise Emily and her mother’s case.

Monday, August 15, 2005: Lynae Lake challenges Michigan jurisdiction and makes a record of abuses against her and her daughter in Portland, Oregon

Today, at 1 p.m., after much confusion about whether or not there was going to be a hearing, Judge Nan Waller was put on speaker phone in Multnomah County Juvenile Court. Lynae Lake, aka Anne White, gave the most outstanding courtroom performance I have witnessed to date. I hope to put a full transcript of the hearing on my Web site.

Laying out the fraud behind the Michigan petition to take 9 year old Emily, and the pattern of retaliation against her for being an outspoken advocate for children’s rights in Michigan, Lynae Lake convinced those present that she is a loving, protective mother, and that she and her daughter were brutalized, on groundless charges and a groundless pick-up order for Emily, by Portland Police on August 10, 2005.

“You are violating my right to due process and you’re violating my daughter’s rights. Where is Emily? Why is she not here to speak for herself?”

95 year old Frances Weidner, mother of former prosecutor Roger Weidner, who had to be in Bend today and missed Emily’s hearing, spoke on behalf of Emily. “Where’s my Emily, where’s my princess?” Mrs. Weidner has been asking since Emily was violently kidnapped last Wednesday from the Weidner residence by Portland Police Sgt Charlie Brown. When she got up to the speaker phone, Mrs. Weidner addressed Judge Waller and all of us in the courtroom: “I told Emily, you’re going to be the Rose Festival Princess someday if you stay in Portland”.

When Emily’s mom pointed out that, until last Wednesday, Emily, who has been a resident of Oregon for over 6 months now, was leading a happy healthy life here in Portland and that she has many friends here, those of us there supporting the family spontaneously broke out in applause and cheers for Emily. We were clearly in contempt of court, though Judge Waller did nothing but listen. The court clerk, however, a nasty-tempered bureaucrat, apparently felt it necessary at that point to bring the guards in.

When it became clear that Judge Waller had apparently already made a decision about Emily prior to the hearing, Lynae protested: “this is just a play isn’t it? The script has already been written. This no hearing”. Judge Waller hesitated, then asked to have one of the attorneys look at the pick-up order for Emily. She asked for the expiration date, which stated “June 2005”. So, the only documentation that anyone had justifying anything that had happened to Emily and her mom since August 10, was expired.

Judge Waller set another hearing, for this Wednesday, August 17, at 11:00 a.m. to find out whether or not Michigan can renew their petition (which was based on fraud in the first place, as Lynae has already shown). Only Emily’s testimony can corroborate what the mother is saying.

For anyone reading this, please urge Judge Waller (Nan.G.Waller@state.or.us) to bring Emily into court Wednesday to speak on her own behalf.

When I questioned Emily’s attorney, Haxton, about this, she refused to answer any questions, and quickly stole out of the courtroom.

Dave Nyhoff is making calls to Michigan authorities to urge them not to renew any pick up order on this child

Before leaving the courtroom, Lynae Lake insisted Judge Waller set up a visit for her and her daughter. The visit was to take place this afternoon in Portland. This was a relief as some had been told Emily might have already been sent back to Michigan.

Please attend Emily’s next hearing this Wednesday:

Emily Joy Lake Hearing
August 17, 11 a.m.
Juvenile Court
1401 NE 68th
Portland, Oregon

August 15: Calls from Portland Police Complaint Department

I received several calls today from Officer Hess regarding reports of police brutality against 9 year old Emily Lake. He said so many people have called to complain, that a special investigator has been assigned. Please address your complaints regarding the August 10 brutalization of Emily Joy Lake to:

Judy Taylor, Portland Police, 503-823-0905

If you don’t feel that pepper spraying and threatening with attack dogs is a good way to “protect” children and keep them “safe” as DHS says they are doing when they have the police go take kids like Emily away from the parents who love and protect them naturally, let Ms. Taylor know about it.

Please read synopsis by Nancy Luckhurst, President of Children’s Rights Foundation from Michigan, and personal friend to Emily Lake and her mother:

“Right now I am in such shock and mental anguish over this I am going to have to get my barings a bit. This one is very personal to me. I know the story and it is not pretty and it was all started several years ago by the oldest daughter who wanted to live move in with a boyfriend. She got a case started and the children were put in the care of the father who never had any interest in them. He dumped them on an aunt. The abuses in that home were horrendous. The little one was only 5 at the time. The children in that home were allowed to torture that child. She loved to pretend she was a dog or cat as so many children of that age do. The family allowed the other children to put a dog collar and leash on her and force her to eat dog food out of a dish on the floor. That was only part of it. The mother won the children back. In the process she made worker Dan Rogalny of Midland Co look like the ass he is on the stand as I understand it. He has had it in for her ever since. When she left there was no order in place to pick up the children there was no warrant. CPS in Midland Co had made no contact with this mother what so ever prior to her leaving. I am getting information coming in I am going to be making contact with the people she was living with and make arrangements to get her computer. I know there is tons of information that is needed there to show these turkeys for what they are. Will Gaston has agreed to help with this endeavor. If you do not know who he is get Randy’s survivor Flyer and see his picture. Go on the net and read his story. It was is late wife who wrote the book so many in this advocacy work swear by, Sui Juris. Oh and as a note. I had an occasion to talk with little Emmy. She had met Will. She told me she had just met the “real Santa Claus”. When you see the picture you will understand.”
August 16 Letter from C Myrick of Vermont

Reading of how Emily Lake and her mother were treated is very distressing. It unsettles me to know that there are so many actors out there just “doing their job” for the corrupt who seem to run the show. How is this allowed to happen? There aren’t many actors in our government with any decency, morality and sense of justice–and where are they who “protect and serve”? They have their priorities mixed up, it is US they are to protect and serve, not corruption.

Do the right thing, protect this little girl and her mom. No matter what instigated this event, there is no excuse whatsoever to treat fellow human beings in this manner. Disgusting! Evil. Bring charges against all who played a part in this travesty. Reunite Lynnae and Emily at once.

For the future, we need to unite and agree to never, NEVER, elect members of the bar to legislative or executive branches of government (boycott lawyers from public office); don’t keep reelecting anyone but put new blood in offices, and most important–hold accountable the judiciary, visit http://www.jail4judges.org for further information.

C. Myrick
Vermont JIC

*****

August 14 Message from Will Gaston, A Voice for Children:

http://educate-yourself.org/cn/portalndpolicegestaporaid14aug05.shtml

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August 15: Letter to Portland Mayor Tom Potter from Charles Stewart

Mr Potter;

You seem possibly an honorable man. I do not say this to many public servants in our area. I read about you in the news-paper. You do seem to have a rare functional conscience.

My un-orthodox legal skills might be of assistance in your battles with the un-thinking robots. If his is of interest to you; please contact me. There is getting less middle-ground for the fence-sitters. Those who truly seek the betterment of the common people must learn to work together against those who subvert our fundamental state & national system of constitutional government. Otherwise all will be lost. The enemy is simply to powerful.

This is a copy of a complain I lodged to your Portland police bureau. I believe it is with-in your power to do something about these abuses.

Sincerely,

Charles Bruce, Stewart

*****

On behalf of: Emily Joy,Lake; Leanne Lake; Roger Weidner; & the People of the State of Oregon; State-Ex-Rel/Quo-Warranto Felony Kinaping & Assault Criminal-Complaint.

I do not know these officers names. I believe you-all know the case I am speaking of. My complaint is for criminal assault & kidnapping by these officers & all attorney bar-members who conspired to proceeded with lawless force against this mother & child.

From the testimony before me of these honorable people, I believe that these officers acted beyond their constitutionally-lawful authority to abuse this child & her mother.

I used to run the “Multnomah County Common-Law Court”; as Elected “Chief Justice” there-in.

Our court was shut down in large part by lawless cointelpro-style abuses from the rico/babylonian-whore bar-monopoly attorneys & judges & the seeming mk-ultra mind-controlled police-officers robotically enforcing constitutionally-lawless malum-prohibitum based codes & regulations. Your officers physically beat one of our juror/judges, one James Bleakley; & harassed us in many other ways; all under the conspiratorial direction of these private criminally syndicated bar monopoly members.

We were no threat to you. We need good constitutionally-recognizable “Law Enforcement” Officers; if you still have any.

But we were a threat tho that constitutionally-lawless rico lawyers bar monopoly. If the common people can break that monopoly on the administration of justice, those social parasites will have to go out & find honest work. There will be very little use for their statutory-schooled law-school education. Like vampires in the daylight, they will dry up and wither away.

From the testimony of trusted friends, I believe this complaint is well-founded, & i am trying to add extra weight to already registered complaints similar to this. I do this because i know there is much corruption on your offices; & I fear if I & others do not speak, it will get shuffled away & this will just be another abuse similar to Kesandra James Murder by the satanically-lawless criminal syndicate members whom I believe infest & terrorize your ranks.

Also; I live in fear that these abuses can happen to me or anyone. This is Not a Nazi Police-State where Goons with Guns & Badges can lawlessly abuse the rights of common peaceable people.

Roger Weidner or Wilbur Gaston can provide more details. I am assisting all of these people in trying to being Conscionable Justice & Constitutional Law (same thing) to this matter.

We all proceed in the name of & on behalf of the common -people of this state; as is our recognized right under Oregon’s Constitution at Article 1 Section 10 & in ORS 30.510; State-Ex-Rel/Quo-Warranto. A crime against one, is a crime against all. We are an organic body-politic. We fell the pain of our fellow patriotic constitutionalists; in every abuse you hurl against us.

Since you-all terrorized us into shutting down our common-law court; please ask the Multnomah County Court Administrator for a Courtroom where “We the People” can assemble a Jury with Functional Consciences & the brains to follow the fundamental principles under-lying constitutional “Due-Process of Law”; to lawfully adjudicate this Kidnapping & Assault complaint against your nazi goons; & to Lawfully resolve any lingering entanglements concerning this mother & daughter.

Surprise the common people of Oregon. Show some respect for Constitutionally-Recognizable “Law” for a crying change.

Your form demanded a zip code. We know the nazi judges take star-chamber style “silent judicial notice” that zip-code use means we have consented to be slaves. Take notice, we do Not “consent to be slaves”.

Call or email if you desire more details. Email is very good.

Charles Bruce; Stewart

*****

August 13: Letter from Nancy Luckhurst to Judge Waller

Dear Judge Waller.

I am writing this in support for Emily Lake and her mother Lynnae Lake. This mom is a one of the most dedicated Mom’s I have ever seen. Emily is such a delightful little girl, so bright and loving. The devotion they have for each other is so apparent to any one who spends any time with them at all. This story is long and all you are going to get here is a short synopsis but it should tell you there is something that does not meet the eye. Every I have seen the documentation and I know that as a former Real Estate agent I am personally taking the documentation of wrong doing by this ag toain the Michigan licensing board on Monday morning. This woman is scum. I know this story is going to look and sound really bizarre but don’t ever forget that old saying truth can be stranger than fiction. And this is definitely one of those cases. There is going to be a complete legislative investigation into the actions of people in the Midland Co DHS office and the adult daughters who conspired with a DHS worker just to mention a couple.

Lynnae’s only concern is her daughters well being and safety. She would literally give up her own life to keep this child safe. That little girls is so close to her mother it would be a horrible travesty of justice to separate them. There are children out here in this world who are being abused in so many on Godly ways. Emily Lake is not one of them by any stretch of the imagination.

As President of the Foundation for Children’s Rights our advocates work everyday with families who have been falsely accused of child abuse. The one thing we demand before an consideration to advocate for anyone is we must be given absolute documentation by the client to show they are not guilty of what they have been accused of. I know Ms. Lake has been protrayed as some kind of vicious child beating lunatic. Nothing could be farther from the truth in this case. I ask you as not only as an advocate but as the mother of 8 and the grandmother of 18 search your heart and look into the eyes of this little girl and please don’t run to judgment in this case. Please do not send Emily back to the State of Michigan where we know she was abused while in the care of the state in the prior case. I am sure you know how manipulative a teenager can be when they decide they want to do something not in their best interest. It is a parent’s duty to guide and prevent them from doing something harmful to themselves. If this is a crime then that is the crime for which this mother is guilty certainly not of abusing this angel child you have in the custody in Oregon.

Please read the synopsis that follows and search your heart and mind on this case.

Thank you so much for your time and concern in this very delicate matter.

Nancy Luckhurst
(989) 261-1200

Lynnae Lake, the mom, called me today from the Multnomah Co jail in OR. She informed me they did not resist when the police came. She was beaten unmercifully and chunks of hair were yanked out of her head. This happened after arriving at the Jail. The officer said if she didn’t like that he could rip her head off. She thinks her foot is broken. Both she and the child were pepper sprayed twice and the little girl Emily got the worst of it. The Portland city police took attack dogs with them. She has not to this moment been given her rights. She has not been arraigned. She has not been officially arrested. She has requested a prisoners handbook and a complaint form and has been refused both. She has not had any medical treatment for her wounds. Are they waiting for the bruises to go away first.

She was told they were not going to hold her she was going to be let go no charges. Oh but wait then the Judge in Midland Co Michigan decided he wanted her held on a fugitive warrant.

This woman left this state one year ago with her daughter had not been contacted by DHS/CPS prior to leaving. There was not a case open that she knew of, there was no warrant. The worker entered a private school without a warrant, without a court order and interview her older daughter against orders left with the school office and placed in the school records. This has already been tested in the Federal courts it is a big NO NO. The mother arrived to pick her children up on the last day of school and was warned by a school employee that CPS was interviewing her teen age daughter. It falls under the 4th ammendment of our little used U.S. Constitution. Also there is a another amendment not often used by our the various states DHS offices it is called the 14th ammendment which covers due process. Oh but there is so much more.

There is so much more to this mother’s story. Her oldest daughter now married made a CPS complaint 4 years ago. The children were removed and were place with the father who left them with an aunt. The children there in that house tortured poor little Emily. They were allowed to put a dog collar on her and force her to eat dog food out of a dish on the floor. When Mom was again awarded custody of her family she was one child short. You see the oldest had been placed in Independent living in an apartment with her boyfriend. That is exactly what the Mom had been arguing about with this kid. Ok the kid got her way paid for by the state of Michigan with Federal Title IV funds. In other words the State of Michigan sanctioned a minor living with a member of the opposite sex against the mother’s wishes. Isn’t that special. Fast forward 3 years to 2004 and the exact same thing happened. This was the second in line a 17 year old who had met some guy online she has never met and is going to move in with him and live happily ever after. We have the e-mails to prove this folks. So over a 3-5 month period the oldest daughter who is by now married and the middle sister have decided to cook up a story and don’t forget they now know how to play the system. So after planning this, oh and did I forget to mention in these e-mails back and forth between the sisters there is mentioned a Dan R who is the worker who works for Midland Co CPS who is coaching them in how to put the story together so it will fly so he can take the the middle girl and the youngest girl, our little angel Emily.

Folks there is so much more to this story that you would not believe. There is the mysterious circumstances surrounding the sequestering of this woman’s terminally ill mother by a half sister and not letting other family members know where she was. Right after this happened the Will which covered a Million dollar estate was amended. Then the mother was placed on hospice with the half sister who just happens to be a nurse being the care taker. Upon the mother’s death the mother’s body is taken to a funeral home in South Haven MI with strict orders to the Director that no one is allowed to see the body. Anne was not supposed to be notified of her mother’s death. She did find out and called the funeral home and the Director told her he would let her and her sister and brother see the body if they would like to. The went to be with their mother.

After Anne left with her little girl Emily. She had asked her fiancee to please stay and care for her house. But all of a sudden he is served with eviction papers from a real estate woman Dana K. Maier, who had by the way bought several of the mother’s pieces of property in the past. She listed herself as Agent for the landlord and listed as reasons for the eviction he owed $10800 in back rent. And the house was inhabitable, but she was not the agent for anyone. In fact the statements were all lies. Anne had nothing to do with this woman. But her half sister Eileen Pearson of 1422 Homecrest in Kalamazoo did lots of business with this woman as administrator of her mothers affairs.

On December 7th 2004 Eileen Pearson the half sister contacted the Midland city assessors office and some how got them to change the address on the tax statement for Anne’s house to come to her address in Kalamazoo. When someone checked on this fact with the assessor’s office just recently it was found the address had been changed back (again by Eileen Pearson) but the website did not reflect that. How ever when Anne checked the website in April the address for the tax statement was hers. So that is a real puzzle. HMMM did the Midland City assessor back date that for some reason? oh yes that’s right this would nulify anne’s homestead property tax exemption wouldn’t it causing her taxes to be much higher and she would lose her house to the state of Michigan if she can’t pay the taxes. Gee is the loving half sister planning a little hostile take over of her home. Let’s see it has been reported by people looking after the house that a window in the front door has been broken out and now boarded up. the window next to that was then broken out and lights left on. But mysteriously now in the last few weeks it is discovered there is not electricity on but Consumers didn’t turn it off. And all the fuses are fine. This has just happened. Three lawnmowers have been stolen out of a shed one is a rider and the little girls trampoline is no longer there. Someone is still dumping junk and other materials on the land across the street in the flood plain and wetlands with no permit that has been an ongoing problem for years. This has been turned in by the way to DEQ in Lansing. This property is prime bottom land of the Tittibawassee River. The City of Midland has wanted it for years. The City along with Pomranky Construction has tried to get her off that land for about 20 years. She has been told she should give it to the City and she just needs to go away. It is all the poor woman got out of a Million dollar estate for God’s sake. The house is worth nothing but the land is worth a ton to the City or Pomranky who want to excavate the topsoil from it to sell to the City. That is valuable land. Not done yet folks. Some time in March or April of 2003 Anne who was working for a non profit as a bookeeper discovered there was something wrong with some of the accounts. She discovered there was money missing from some of the accounts controlled by the Director of the organization. She had not yet determined how much but it was in the 1000s. She finally collared the Director and after a bit the woman admitted she had made “some private loans to some people” Anne turned this in to the Board of Directors and the Michgan AGs office. For her efforts she was fired just one week before the whole CPS mess came down. She says the AGs office was starting an investigation but they would probably not be able to finish it without her being able to give them pertinent information after she left. The Director is still the Director of this organization and Anne was warned by other people within the organization this woman would not be above turning her in to CPS with false allegations.

So now as Paul Harvey would say you have the rest of the story. OH one last thing Anne’s name is really Lynnae Lake. Loving mother of Emily Joy Lake a beautiful angel child, who has never ever been abused by her mother but she has been abused by the State of Michigan DHS/CPS.

Dear God in heaven wil someone please help this woman and that beautiful baby. The mother had taught her that our organization would always help if something ever happened to her and to call us. Yesterday she called. That tiny little frightened voice was pleading with me to please help them. Then the mother came on the line. She was petrified. She knew there were there for her and little Emmy. I could hear the child in the background as the police were banging on windows screaming for them to come out. They were cowering in the basement. Then the phone went dead. A little later the phone rang and a man asked if I was Nancy. I said yes. He said he had a rather plucky little girl there who was demanding that he take my number and call me. The man is J.D. Devros Supervisor for CPS in Multnomah County. He asked if I would talk to her. What a silly question. He set the phone on speaker. And there was that tiny frightened little voice again begging for my help. Well folks now I am begging for your help. Don’t allow this outrageous sham to go on any longer. Hold the people who are responsible for their actions now. Go to the following link and scroll down until you come upon the face of that little angel. Look at her and tell her NO you will not help right now to expose the corruption of what has happened in Midland County Michigan. She is alone in a foster home in Portland Oregon. Wondering if her mom is Ok and wondering if anyone is ever going to help her?

http://www.fcr4kids.org/

http://groups-beta.google.com/group/national_fcr

http://groups-beta.google.com/group/Indiana-Foundation-for-Childrens-Rights

http://groups-beta-google.com/group/Michigan-Foundation-for-Childrens-Rights

Permanent termination of parental rights has been described as “the family law equivalent of the death penalty in a criminal case.” In re Smith (1991), 77 Ohio App.3d 1, 16, 601 N.E.2d 45, 54. Therefore, parents “must be afforded every procedural and substantive protection the law allows.” Id.

Advocates for those falsely accused of child abuse and neglect. Statistics show children are 10 times more likely to be abused and and neglected in foster care and 6 times more likely to die than in the general population. National Clearing House for Child Abuse and Neglect. Reform Child Protective Services NOW.

URGENT:UPDATE they have changed the hearing as of Friday 5 pm PST to Monday at 1 pm whether the attorneys can come or not

*****

August 13: Open Letter from Leonard Henderson on Emily and Lynae Lake:
http://familyrights.us/news/archive/2005/aug/lake/

August 12, 2005: Letter from Lynae Lake <annewhite2005@hotmail.com>

To all of you that know me as Anne I first want to thank each and everyone of you for your prayers. For those that came out to the hearing and especially ***************** as I know this must have been extremely painful for her to go into court once again. Please keep praying as Emily is still in custody and I have not been able to find a way to communicate with her.

The horror and trauma that poor girl went through while the police threatened us to get bit by the attack dogs and tasered. They never called out one name nor identified who they were after. They tried to snatch her while she was outside on her bike and I was inside making lunch.

There were 12 police officers here and I had at least 5 on me for most of the time that I was in their custody. Emily had a couple on her too. As you know Emily was sprayed not once but twice by the pepper spray which literally burns your skin off and can blind you. I turned a shower on immediately for her to rinse and the police kept turning it off. I cried out she was a child for God’s sake and then they sprayed us again.

However I was not ever placed under arrest nor given in any way shape or form my rights (Miranda) they had no charge until late yesterday and that was custodial interference. Once I arrived at jail they beat and threatened me numerous times one screaming obscenities at me while he was ripping out my hair. (I told them they were all under arrest – lot of good that did me but I did)

I can’t tell you any more about Emily except she was throwing up from the pepper spray. Screaming for them not to hurt me. Crying and crying for her mama. (the cops were mad because she told them they were police and she didn’t trust them) and of course made her watch as they dragged me to the car and drove off.

The 95 year old lady I take care of also had to witness all this. She has dementia but this has so traumatized her. She goes around saying “this is a nightmare I am living – why would the police take Emily” “something has to be done how do we get Emily back?”and calling out for Emily her princess. This is 3 days later so you tell me. She also is concerned that the police are coming for her next.

What I did find out Thursday was that Emily had been allowed to call Nancy Luckhurst President of Foundation for Children’s Rights. She is also supposed to be at the new shelter hearing on Wed.

I am covered with bruises. I was beaten severely in jail both men and women. Just on walking into the jail very peacefully the one officer said “oh she got pepper sprayed – we got lots more here”

Another officer thought it was cute to watch me go to the bathroom and even commented on he liked the show and didn’t take much to entertain him.

I was for almost 24 hours moved from isolation cell to isolation cell. I repeatedly asked for the inmate manual which is the rules that prisoners and officers must abide by. I requested medical treatment for the injuries but was only asked if I was on any current medication (I was asked that repeatedly like they were sure I was supposed to be on something!).

At about 1 pm Thursday 11, all of a sudden they got really nice saying I had only a $500 bond to post – but lied when I asked about it being paid by credit card. They said no cash or money order only. Then said the judge my bond me out on my own. Arrainment was set for sometime after 2PM – surprisngly the same time as the shelter hearing I was not noticed for.

My guess is they did not count on the people showing up for my arrainment or the 20 people that went to the shelter hearing and testified on behalf of Emily and I. I thank God for each and everyone of them.

While I was waiting I was suddenly told I was released there was no charges pending but it would take a couple of hours. Now understand they had just started the arrainments and the men go first. At 1:30 the officer said I am being released on a no-complaint. That means no charges – period. She told that to Nancy Luckhurst who I had just gotten on the phone.

It would take a couple of hours to process me out.

Well I asked about the shelter hearing – how could I have possibly have known about that I said there were people waiting upstairs for me and there were people waiting over for a hearing that I was not noticed for and that was illegal.

Then 2 hours goes by and I am called off to one side to be told there was good news and bad news I was not going to be charged but I was not going to be released, a fugitive warrant was NOW out for me. I think this was also done to see how I would react I said oh o k .

ALL bogus and after the fact. So there were not ever any charges, I was just being kidnapped which is what I told them.

Now I’m taken (after strip search – my how fun) to a real jail cell this one is covered in food and I am not allowed to clean it up.

This morning I got told there was no warrant and I would be out in a few hours. However prior to being let out I now need to talk to a psychiatrist. I think I have b been hoaxed again and am now going to be stuffed in the looney bin. Oh yes and now I am finally given complaint forms and the inmates manual that I have been asking for from the instant I got there.

So now I sit and stew for a few more hours wondering at what cruel joke is going to happen now. So I begin to read the manual. Of which a bunch of things were violated and I found out I had been lied to about the bail a credit card would have done it..

But I did get released.

I got home to find that there were some people in the house and they took everything of value that I had including the $75 that belonged to Emily because she earned it. Over the summer she had earned over $130 of which she was so proud.

Some of what is gone is all the computer equipment that had all my legal docs on and all of a particular website I had been working on.

The attorney I have been assigned is out until Monday. Now the hearing is Monday instead of Wednesday so guess who will not be able to speak with the attorney? Also the attorney assistant says Emily WILL be going back to MI – does this sound PRE-DETERMINED???

PLEASE KEEP US IN YOUR PRAYERS – WE NEED ALL OF THEM AT THIS TIME

Lynae Lake <annewhite2005@hotmail.com>

*****

August 12, 2005

Mom is out she is at the home she was taken from. She is not in very good shape and tonight they are taking videos of the injuries. She was never allowed medical treatment and in 48 hours they did not feed her. they did ask her this morning if she wanted anything. The conditions were so bad where she was at she said she would no have eaten anything in there.. This is just outrageous. The kept moving her from one islolation cell to another and each got worse. She was never advised of her rights she was never charged. Michigan says they are not going to pay to extradite her.

*****

August 12, 2005 Letter to Oregon Judge Nan Waller from Lynae Lake <annewhite2005@hotmail.com>

The hearing held on Thursday was held improperly. I have not been noticed as required by law. And continue to not be noticed as required by law.

The underhanded changing of a hearing set for Weds Aug 17 to Mon Aug 15 with NO NOTICE and no oportunity to meet with the child’s attorney or the attorney appointed to me.

Also I question the legality of any attorney representing me in my absence when it would be perfectly possible to have me present. My whereabouts were certainly known.

I was contacted 5:05PM on Friday Aug 12 after all offices and agency office would be closed to be told about the case after making repeated calls to an office of my supposed attorney.

The court is fully aware that this attorney can not be met with prior to the court hearing. The Court knows that there is no possible way that this case can be prepared for thereby denying Emily and I our due process rights.

Because the police refused to present any warrant of valid court order I question the legality of the home invasion and molestation of Emily and I where Emily was PEPPER SPRAYED 2x ,threatened by attack dogs and a taser. The show of force went so over and and above reason to execute a supposed pickup order on a 9 year old child that my child was placed in real danger of her life from the Portland City police. The mental anguish and pure terror was clearly exhibited by my child is inconsistent with the safety and best interest of the child.

Once the adrenalin rush of the attack got started it was mob rule and not the actions of a professional police force.

The United States Court of Appeals for the Ninth Circuit said it best, “The government’s interest in the welfare of children embraces not only protecting children from physical abuse, but also protecting children’s interest in the privacy and dignity of their homes and in the lawfully exercised authority of their parents.”

Calabretta v. Floyd, 189 F.3d 808 (9th Cir. 1999).

“There is something bad happening to our children in family courts today that is causing them more harm than drugs, more harm than crime and even more harm than child molestation.” Judge Watson L. White, Superior Court Judge, Cobb County , Georgia

The mere possibility or risk of danger does not constitute an emergency or exigent circumstance that would justify a forced warrantless entry and a warrantless seizure of a child. Hurlman v. Rice, (2nd Cir. 1991)

The decision of the 7th Circuit Court of Appeals found that this practice, i.e. the “no prior consent” interview of a child, will ordinarily constitute a “clear violation” of the constitutional rights of parents under the 4th and 14th Amendments to the U.S. Constitution. According to the Court, the investigative interview of a child constitutes a “search and seizure” and, when conducted on private property without “consent, a warrant, probable cause, or exigent circumstances,” such an interview is an unreasonable search and seizure in violation of the rights of the parent, child, and, possibly the owner of the private property

“Decency, security and liberty alike demand that government officials shall be subject to the rules of conduct that are commands to the citizen. In a government of laws, existence of government will be imperiled if it fails to observe the law scrupulously. Our government is the potent, omnipresent teacher. For good or ill, it teaches the whole people by example. Crime is contagious. If the government becomes a law-breaker, it breeds contempt for the law. It invites every man to become a law unto himself. It invites anarchy. U.S. v. Olmstead, 277 U.S. 438 (1928), Justice Brandeis.

The forced separation of parent from child, even for a short time, represents a serious infringement upon the rights of both. J.B. v. Washington county, 10th Cir. (1997) Parent’s interest is of “the highest order.” And the court recognizes “the vital importance of curbing overzealous suspicion and intervention on the part of health care professionals and government officials.” Thomason v. Scan Volunteer Services, Inc., 8th Cir. (1996)

Children have standing to sue for their removal after they reach the age of majority. Parents also have legal standing to sue if CPS violated their 4th and 14th Amendment rights. Children have a Constitutional right to live with their parents without government interference. Brokaw v. Mercer County, 7th Cir. (2000) A child has a constitutionally protected interest in the companionship and society of his or her parents. Ward v. San Jose, 9th Cir. (1992) State employees who withhold a child from her family infringe on the family’s liberty of familial association. K.H. through Murphy v. Morgan, 7th Cir. (1990)

The 95 year old woman that I care for has been so traumatized by the event and the loss of a 2 critical members of her home. She alternately looks for Emily who is her “princess” and talks about the police removing her. She can’t not stop talking about it and falling to her knees to pray. Her mental anguish is acute. As her caregiver this situation has caused severe mental abuse to a fragile and ill elderly woman.

Lynae Lake <annewhite2005@hotmail.com>

*****

Susan Detlefsen’s August 12, 2005 Letter to Judge Waller, et al

Judge Waller, Judge Allen, attorneys general, others concerned regarding
Emily Joy Lake, DOB 8/31/95:

Emily has been residing in Oregon 6 months, as of August 11, 2005. She is now a resident. Do not send Emily Lake to Michigan without a full hearing on the matter of residency, jurisdiction and parental fitness. Emily also has the right to have a voice in what is going to happen to her.

I understand the hearing which was set for next Wednesday has not been moved up to Monday, which does not give the mom enough time to prepare her case. The court is closed and so it is impossible to file any motions or paperwork.

I saw the recent photo of Emily sent by her mother. There are lots of photos, some videos, and artwork by Emily, which all demonstrate Emily’s well-being while in her mother’s care here. Do not run this little girl roughshod through your court. Give her a fair chance. She is very attached to her mother and, according to everything I ever heard Emily say, has no wish to live anywhere except with her mother. She is afraid of the police and CPS and of going back to foster care where she was abused.

I am the mother of *************, who, as Emily’s mom pointed out, was at Emily’s hearing Thursday. She also left a card for Emily with Mr. Devros, which I hope DHS will not be allowed to confiscate, as they often do with things that belong to children, but which might contradict their agenda of severing the child’s ties with those who care about him/her. I also left a card for Emily, letting her know that I, and others, are thinking of her and doing what we can to help her and her mother through this traumatic time.

Please protect Emily Lake by keeping her here in Oregon long enough for an investigation into what is truly in her best interest.

Susan Detlefsen
Amicus curiae for Emily Lake and Lynae Lake

*****

August 13, 2005 Letters to DHS Caseworker Jeremy Devros

Mr. Devros,

It is not like Emily not to contact her mother, or those she knows care about her and her mom. Have you given her the cards from myself and my daughter as you said you would, or are you keeping little Emily isolated from the outside world? We are watching, and I am forwarding this to the judge.

Susan Detlefsen 503-239-9901

——– Original Message ——–
Subject: RE: Emily Lake
From: “Anne White” <annewhite2005@hotmail.com>
Date: Sat, August 13, 2005 2:36 am
To: Jeremy.D.Devros@state.or.us

I accidently hit send without including the contact information again 503-232-6691

I want to repeat that I am gravely concerned for Emily’s well being. Also that she know how many people love her and are invovled for her. Tell her Mimi sends her love and misses her terribly. She has been unconsolable without her princess.

Of course it goes without saying that I want her to be given my love and that I am praying for her safety and her safe return to her mother where she belongs.

I will update this page as often as I can, hopefully once daily at least until Oregon case is settled. Email MotherInterrupted for more information on how to help this family.

Interview with Deanna Fogarty-Hardwick, Mother who Fought and Won $10.6 Million from Orange County and Lying Social Workers


Interview with Deanna Fogarty-Hardwick and bill windsor of lawless america, Mother who Fought and Won $10.6 Million from Orange County and Lying Social Workers

www.youtube.com/watch?feature=player_embedded&v=Ivprh_i1Pvg

www.familycourtinamerica.org/2013/01/16/deanna-fogarty-with-bill-windsor-of-lawless-america/

Click on the link above to access the video on Youtube.com from Bill Windsor’s Lawless America Series in which he interviews mother, Deanna Fogarty-Hardwick, after she courageously fought the system that robbed her of everything, including her two daughters after they made allegations of sexual abuse about their father and were subsequently institutionalized.  Hardwick and her daughters were re-victimized by an abusive “protective” system and lying social workers and court employees and judges in a conspiracy to protect her ex-husband from truthful “lies,” as misalleged by those with financial motive and incentive to cover-up precisely these types of allegations in which the father’s gender (and any grants and funding programs tied to it) takes precedence over fairness, justice, and lawful and constitutional rulings by those trusted with society’s most precious assets–children and families (or property and property owners).  Hardwick had to endure humiliating “supervised ‘visitation’” with her own daughters with zero showing of parental unfitness on her part, as is the case with so many of us still fighting.  Thank “God” for Hardwick and her daughters’ “unconquerable souls” (Invictus, poem by William Ernest Henley, Book of Verses, 1888).

RATE YOUR FAMILY COURT SYSTEM IN YOUR STATE AND COUNTY, REPORT CARD


report card for family court systems and officers by state and county (June 2014)

Be sure to check out The Family Court Report Card to see how well  your state and local county family court officers and related “professionals” performed for different parties involved in any domestic divorce and/or child custody dispute (mother, father, child) at:  http://www.distinctioninfamilycourts.org/grades.html.

One might also still be able to submit their own questionnaire which contains an objective and judicious rubric for rating criteria.

Just click on the following pdf. file to rate those court -affiliated professionals, judges, social workers, custody evaluators, police officers, associate judges or magistrates, juvenile court referees guardian ad litem, attorney for child, expert witnesses for both mother and father, mother’s attorney, father’s attorney, special and/or county prosecutor and/or attorney/District Attorney, Commissioner of Children’s Court, Advocates for Children, Medical Professionals, Mediator, parenting coordinators, arbitrators, private judges, counselors, therapists for child, for mother, and for father, Children’s right’s groups or non-for-profits, and finally, don’t leave out your local county sheriff and/or constable if he or she were ever involved in your family matter.  Questionnaire.

Source: www.distinctioninfamilycourts.org/questionnaire.html

One may try to submit the questionnaire electronically, or may otherwise download a copy, fill-in ratings based on objective and judicious rubric provided, print, and then return in the mail to the following address :

Distinction in Family Courts

1731 Howe Ave, #168

Sacramento, CA  95825-2209.

http://www.uglyjudge.com/ (Another great website that is not at all affiliated with Distinction in the Family Courts)

Joint Complaint by Mother’s of the Lost Children, Mass.| CORRUPT MA, RI, IN, TX


Joint Complaint by Mother’s of the Lost Children, Mass.| CORRUPT MA, RI, IN, TX

http://www.mothers-of-lost-children.com/Joint_Complaint.pdf

Click on the link posted above to view the joint complaint filed by Mother’s of the Lost Children in Massachusetts against Judge Paul Suttell, Judge Jeremiah Jeremiah, Haiganush Bedrosian, Judith Savage, Associate Judge Rhode Island Family Court, Stephen Capineri, John E. McCann, III, Michael Forte, Kathleen Voccola, Estate of Gilbert Rocha, Lori Giarrusso, David Tassoni, Sharon O’Keefe, Heirs of Judith Lubiner, John P. Parsons, Peter Kosseff, Brian Hayden, Kerry Rafanelli, Patricia Murray-Rapoza, Lincoln Chafee, Stephen Constantino, Priscilla Glucksman, Peter Kilmartin, Rebecca Partington, Hugh T. Clements, Jr., Steven G. O’Donnell, Gina Raimondo, Gero Meyersiek, Textron, Inc., Gifford and Perkins, P.C.,  Holt, Graziano, & Heberg, P.C., Lynch & Friel, P.C., Dominik Kufner, Dr. Jenny, Sophia Meyersiek, Karl Scholpp, Kathleen Scholpp, Marie E. Lyons, and David Sacks.Anabela Francisco, John Johnson, Brenda Douglas, Mary Socha, Barbara Grady, Michael Greenberg, Jeffrey McNamara, Laurie Sullivan, Eric Indyk, Neville Bedford, Barry Pollock, Robert Parker, Charles Talmulivez, Christopher Heliuit, Brad Martin, Gerald Nissinbaum, Maureen DiCristafaro, Guardian Ad-Litem, Karen Lynch Bernard, Laureen D’Ambra, and other Defendants.

Massachusetts, Like Most States, Solicit for Restraining Orders to Keep Federal Crime Victims Assistance Funding Flowing


Domestic Violence.Mass. Solicits Restraining Orders

To All American Families:  The Attorney General’s in Each State Generate Billions of Dollars per Year in Revenue for Crime Victim’s Assistance Funding, a lot of which is competed for by “non-for-profit” organizations that do nothing but hurt families and children.  Oftentimes, they also run the Office for Child Support Enforcement ($40billion per year money-maker).

This letter reads, to the untrained eye, to be harmless, actually, it sounds very helpful and conveys the message that the government cares about the safety of women and children.  Caveat Emptor (“Buyer Beware”)!

We are seeing an enormous amount of men–used to allegedly be more women–with Father’s for Equal Rights and woman-hating, bittter, misogynistic lobbyists and attorneys urging their clients (mostly males) to use the restraining order tactic as a tool to take children away from bitter parents (See post below regarding, the Psychopathic Parent, or Narcissists in child custody battles).  This is not in the “best interests” of children when the restraining orders prevent children from the safe love of fit mommies and daddies.  This is instead, an ill-conceived form of domestic terrorism and war on the American family.

These attorneys, and the judges and court-appointed guardian ad-litem and attorney ad litems for children and “collaborative,” “interdisciplinary” teams of “therapists” are all getting a piece of this Colossus of a federally funded Racketeering scam.

In reality, when a woman goes to the police or court for help regarding allegations her child is making about child abuse and/or child sexual abuse, these same “collaborative,” “Unified Court” professionals–the “New” Mafia–are trained as a matter of policy to disregard them, switch custody, and in many cases, falsely imprison women and take their children in to CPS custody or switch custody to the alleged abuser.  This is happening EVERYWHERE!

Then, the judge will generate more revenue for the county by misusing federal state block grant funding for “SAFE” access and visitation centers where a parent will have to pay for the natural and common law and constitutional right to be a parent to one’s own child(ren).

Additionally, if you happen to be “co-parenting” with a person you perceive to be unreasonable or difficult and that parent happens to be male, please do not fall victim of letters and solicitations like these from state attorney general and/or office of child support enforcement agencies offering a complimentary review of child support.  Keep the government as far away from your family and children as you possibly can.

Please help me spread the message.