A federal judge is allowing a wrongful death lawsuit against a court-appointed guardian ad litem concerning a teen’s suicide to proceed.
U.S. Magistrate Judge Abbie Crites-Leoni denied a motion to dismiss in Cynthia Haynes v. Williams as to sexual assault and battery against defendant Charles Haynes and allegations of acting outside the scope of GAL duties against defendant Jennifer Williams and Spain, Miller, Galloway & Lee, a Poplar Bluff law firm that formerly employed Williams.
“If we can prove it and if the case survives, it will set the precedent that when a guardian ad litem violates criminal statute in performing their duties, a guardian ad litem will not be given immunity,” said Evita Tolu who is representing Cynthia Haynes.
BECKLEY – A federal judge has issued an order denying a Raleigh County family court judge’s claim of judicial immunity in a case where she searched a man’s home following a post-divorce contempt hearing.
California’s “Right To Lie” Case, PreslieHardwick v. Orange County, Marcia Vreeken, Elaine Wilkins, The Estate of Helen Dwojack
But we didn’t know you couldn’t lie to the court. DUH!!!Liar, liar pants on fire!!! That line didn’t work on your Mother and it won’t work in Court!
Judge Stephen Trott, 9th Circuit’s Court of Appeals: “How in the world could a person in the shoes of your clients possibly believe that it was appropriate to use perjury and false evidence” to remove a child from a parent, asked Judge Stephen Trott, a longtime member of the court appointed by Ronald Reagan in 1987. “How could they possibly not be in notice that you can’t do that?”
The panel did in fact reject the argument, and Trott wrote the opinion, which was released this week. Buried on page 13 is a line that artfully relays his incredulity at the argument: “No official with an IQ greater than room temperature in Alaska could claim that he or she did not know that the conduct at the center of this case violated both state and federal law.”
BAM! Trott also provided a more precise dismissal of the constitutional appeal:
“… Government perjury and the knowing use of false evidence are absolutely and obviously irreconcilable with the Fourteenth Amendment’s guarantee of Due Process in our courts. Furthermore, the social workers’ alleged transgressions were not made under pressing circumstances requiring prompt action, or those providing ambiguous or conflicting guidance. There are no circumstances in a dependency proceeding that would permit government officials to bear false witness against a parent.” https://imprintnews.org/subscriber-content/9th-circuits-epic-dis-caseworkers-right-lie-case/23746
WATCH JUDGE TROTT HERE – BAM!!!!!! “Since the 1940’s the Supreme Court has held that there is a fundamental liberty interest that parents have in the care, custody and control of their children. That’s been on the books forever. I mean, I have a whole bunch of Supreme Court cases I can read from…They have that fundamental Constitutional right, and it cannot be impaired without due process of law.” The CPS “Right-to-Lie” Case, in which an attorney for CPS is asking a three-panel commission to ascertain if CPS has a constitutional right to take children from a home BASED ON PERJURY AND FABRICATED EVIDENCE-THE RIGHT TO LIE. https://www.youtube.com/watch?v=d_8-8IZLP4w
On July 28, from 6:00-8:00 ET, we will be presenting our 7th free monthly ‘Judi’s Room’ in the spirit of Judi Chamberlin who dedicated her life to organizing for human rights. This is a virtual event. Pre-registration is required HERE.
Judi’s Room is a partnership of MindFreedom International and I Love You Lead On.
Why are we discussing the following topic?
Conservatorship/Guardianship: Protecting Vulnerable Individuals or Exploitation?
Brittany Spears leaked public testimony HERE on how she continues to be mistreated has brought much needed attention to the abuses rampant in the guardian and conservator system. She has been stripped of her rights by a complex conservatorship which treats her as a money-making object and denies her personhood. People with disabilities, as well as the elderly are too easily taken advantage of under the false principle that it is “for their own good.” Anyone can be vulnerable. The presenters will describe the control that guardians have and will engage in dialogue with attendees on what can be done to change a system that exploits those who are vulnerable.
As with all previous Judi’s Room meetings, a panel of experts will share their perspectives, followed by a facilitated discussion.
Jim Gottstein is the author of The Zyprexa Papers and founder of PsychRights whose mission is to mount a strategic litigation campaign against forced psychiatric drugging and electroshock. Susan Fitzmaurice is a lifelong disability advocate and disabled with multiple disabilities. She has parented two young disabled people and made very different choices about guardianship resulting with very different consequences. She has a long history using the internet to provide disability support. Her first sexuality and disability website is over 25 years old. She created the first web-based resources for people with disabilities after the Katrina hurricane. She currently is devoted to the ILove You, Lead On Community – a space where disability and all its intersections are celebrated. Dohn Hoyle is the Public Policy Director of The Arc of Michigan and long-time advocate for the rights of people with disabilities. Dohn helped to rewrite the Michigan Mental Health Code to include person-centered planning and to eliminate the term mental retardation; was instrumental in the closure of specialized nursing homes for children and people with developmental disabilities, and the Regional Centers for People with Developmental Disabilities in his state. Dohn convenes the Howell Group, an organization of people across Michigan who intend to see that people with disabilities have the opportunity to experience what we know is right and they desire, and Advocates Concerned with Integrated Care, a group of disability organizations representing the concerns of persons who are eligible for Medicaid and Medicare and receive supports. Miranda Spencer is a staff editor at the webzine Mad in America. A longtime journalist and media critic, specializing in health, science, and social justice, her work is informed by her lived experience in the mental health system.
Pre-registration is required. To register click HERE