HSLDA | Appellate Briefs Filed in Arizona Illegal-Search Case
Appellate Briefs Filed in Arizona Illegal-Search Case
In March of 2005, two social workers and six deputy sheriffs descended on the home of John and Tiffany Loudermilk to “investigate” a two-month-old anonymous tip that their house was unsafe for children. After almost an hour of threats, the social workers finally threatened to take all of their children into custody if not allowed inside. The Loudermilks reluctantly agreed. The assembled officials took less than five minutes to determine that the allegations in the anonymous report were false.
HSLDA reviewed the case and sued the social workers, their attorney, and four of the deputies for violating the Loudermilks’ Fourth Amendment right to be free from unreasonable searches. We also sued the social workers for threatening to remove their children without justification.
The judge denied the defendants’ motions to dismiss in September 2007, and then denied their motions for summary judgment in March 2010. The deputies appealed, claiming that they should be immune from liability because, they said, the right to be free from unreasonable searches was not clear enough for them to realize that threatening to remove a child if not allowed inside the home violated the Fourth Amendment.
Click here to read their brief to the United States Court of Appeals for the Ninth Circuit (requires Adobe Acrobat Reader).
In HSLDA’s answering brief, we argued that the law has been clearly established for at least 10 years, ever since we successfully sued social workers on behalf of the Calabretta family in a similar case. We also demonstrated that any reasonable officer should know that threatening to remove a child to gain the “cooperation” of the parents is inherently coercive and that the officers should have known so at the time.
Within the next few weeks the appellate court will either decide the case or will schedule oral argument. In the meantime, proceedings in the trial court are on hold.
Other Resources
“Judge Upholds Family’s Right to Day in Court”
July/August 2010 Court Report: “Family Wins Round Two”
September/October 2009 Court Report: “Arguments Proceed in Federal Lawsuit”
January/February 2008 Court Report: “Judge Slams Coercive Tactics”
“Judge Rules Social Worker Fear Tactics Unconstitutional”
“Social Workers and Sheriff’s Deputies Violate Family’s 4th and 14th Amendment Rights”
Isabella Brooke Knightly and Austin Gamez-Knightly
In Memory of my Loving Husband, William F. Knightly Jr. Murdered by ILLEGAL Palliative Care at a Nashua, NH Hospital
Thursday, January 27, 2011
Natl. Family Rights Protest
Natl. Family Rights Protest
OFFICIAL WEBSITE
National Family Rights Protest
“Government Abuse IS Child Abuse for Profit”
When: Friday, August 12, 2011
Where: See State/PLC tab for your area
Who: United States- Child/Family Rights Groups
Why:“We the People”
are no longer tolerating;
· Unjust Laws
· TAXPAYER dollars (billions) used to separate, and financially demolish families.
We the People” demand reformation of:
· OUR FAMILY COURT SYSTEMS including:
· Assigned Judges- (must be abolished)
· Court Appointed Guardian-ad-litem
(must be abolished-severely limited at a minimum)
· Family courts / records must be made public
· Court Gag orders are a violation of 1st amendment
· Adoption incentive payments (must be abolished)
Re; Adoption / Safe Families Act 1997
Every effort must be made for children to stay with Grandparents / family members instead of foster care.
· Grandparents / family must have visitation rights without current criminal treatment
· Families must be given assistance instead of removing their
Children example; removal due to gas shut-off
· Parents must be restored freedoms to raise their children
· Immediate access in all cases for children’s records
· Option to have a Jury, when requested in family courts
We the People” demand reformation of:
OUR FAMILY COURT SYSTEM including:
Assigned Judges- must be abolished
· We are stripped of our right to elect public servants (judges)
· Assigned judges cannot be voted out of office as they are ‘assigned’ to hear cases after pretending to retire.
· They have zero incentive to administer justice or follow law or legal procedures because they cannot be voted out of office after they ‘retire’ THEREFORE, we have been stripped of our legal right to elect (vote) for our judges
· Assigned judges are ‘DOUBLE-DIPPING’. Pretend to ‘retire’
but are assigned to family court cases, collecting approx; $485.00 per ‘day’ while collecting their retirement pay- all paid by taxpayers
· Court appointed guardian-ad-litem / advocate for child / lawyer for child
· Child Protective Services aka; CPS/ DHS / DFS/DSS/Foster Care and Adoption Services
Protest Organization & Coordiation
OFFICIAL WEBSITE
National Family Rights Protest
“Government Abuse IS Child Abuse for Profit”
When: Friday, August 12, 2011
Where: See State/PLC tab for your area
Who: United States- Child/Family Rights Groups
Why:“We the People”
are no longer tolerating;
· Unjust Laws
· TAXPAYER dollars (billions) used to separate, and financially demolish families.
We the People” demand reformation of:
· OUR FAMILY COURT SYSTEMS including:
· Assigned Judges- (must be abolished)
· Court Appointed Guardian-ad-litem
(must be abolished-severely limited at a minimum)
· Family courts / records must be made public
· Court Gag orders are a violation of 1st amendment
· Adoption incentive payments (must be abolished)
Re; Adoption / Safe Families Act 1997
Every effort must be made for children to stay with Grandparents / family members instead of foster care.
· Grandparents / family must have visitation rights without current criminal treatment
· Families must be given assistance instead of removing their
Children example; removal due to gas shut-off
· Parents must be restored freedoms to raise their children
· Immediate access in all cases for children’s records
· Option to have a Jury, when requested in family courts
We the People” demand reformation of:
OUR FAMILY COURT SYSTEM including:
Assigned Judges- must be abolished
· We are stripped of our right to elect public servants (judges)
· Assigned judges cannot be voted out of office as they are ‘assigned’ to hear cases after pretending to retire.
· They have zero incentive to administer justice or follow law or legal procedures because they cannot be voted out of office after they ‘retire’ THEREFORE, we have been stripped of our legal right to elect (vote) for our judges
· Assigned judges are ‘DOUBLE-DIPPING’. Pretend to ‘retire’
but are assigned to family court cases, collecting approx; $485.00 per ‘day’ while collecting their retirement pay- all paid by taxpayers
· Court appointed guardian-ad-litem / advocate for child / lawyer for child
· Child Protective Services aka; CPS/ DHS / DFS/DSS/Foster Care and Adoption Services
Protest Organization & Coordiation
Child Protective Services: CPS & Police Abuse Constitution, Invading Homes, Kidnapping Children, Ignoring Courts, and Criminalizing Americans. Polygamist FLDS Raid Sheds Light on More Cases.
Child Protective Services: CPS & Police Abuse Constitution, Invading Homes, Kidnapping Children, Ignoring Courts, and Criminalizing Americans. Polygamist FLDS Raid Sheds Light on More Cases. | Free Classified Ads Belfast.Com
Child Protective Services can take your children too. CPS has come to believe they are above the law and the Constitution, that they do not need a search warrant to come into your home, label you as a child abuser for any reason and make you a criminal based upon their opinion alone, take your children away in a paddy wagon, and put your kids into foster homes pending a court hearing where CPS will try their best to win and permanently take custody of your kids. If CPS loses, they will continue to fight you, slandering your family and listing you as a child abuser in government databases. CPS is an abusive government agency spiraling completely out of control. It’s time to shut them down. The unlawful removal of 468 children from the FLDS ranch in west Texas, has put CPS under the microscope. That case has led others to wonder if they can do that to FLDS children, can CPS do that to my children? CBS 42 investigative reporter, Nancy Wilson, shows us one family who says the same thing happened to them, and eight years later they are still trying to clear their names. This is the Gates family, Gary and Melissa have 13 children, 11 of them adopted. They saw a need for kids from a variety of backgrounds who need love in a stable home. Imagine their surprise when 11 government employees, 6 police officers and 5 CPS workers, showed up on their doorstep. The school called CPS when they discovered that the Gates pinned a baggy with food wrappers inside the shirt of one of the kids …
Child Protective Services can take your children too. CPS has come to believe they are above the law and the Constitution, that they do not need a search warrant to come into your home, label you as a child abuser for any reason and make you a criminal based upon their opinion alone, take your children away in a paddy wagon, and put your kids into foster homes pending a court hearing where CPS will try their best to win and permanently take custody of your kids. If CPS loses, they will continue to fight you, slandering your family and listing you as a child abuser in government databases. CPS is an abusive government agency spiraling completely out of control. It’s time to shut them down. The unlawful removal of 468 children from the FLDS ranch in west Texas, has put CPS under the microscope. That case has led others to wonder if they can do that to FLDS children, can CPS do that to my children? CBS 42 investigative reporter, Nancy Wilson, shows us one family who says the same thing happened to them, and eight years later they are still trying to clear their names. This is the Gates family, Gary and Melissa have 13 children, 11 of them adopted. They saw a need for kids from a variety of backgrounds who need love in a stable home. Imagine their surprise when 11 government employees, 6 police officers and 5 CPS workers, showed up on their doorstep. The school called CPS when they discovered that the Gates pinned a baggy with food wrappers inside the shirt of one of the kids …
CPS Pisses off Serbia!!! S.J. couple fighting CPS for return of their children
S.J. couple fighting CPS for return of their children | Recordnet.com
San Francisco- When a Serbian man in California gave his work computer to an office technician in July, it prompted a chain of events that have stripped him and his wife of their kids and sparked fury in his home country at the state's child protective services system.
The affair has triggered outrage in Serbia, with officials there saying they would try to get the children back to the parents as soon as possible - even if it takes intervention through the highest diplomatic channels.
"There are indications of major human rights violations by the Child Protective Service, which is acting on its own," Serbian justice ministry official Slobodan Homen told the AP.
San Francisco- When a Serbian man in California gave his work computer to an office technician in July, it prompted a chain of events that have stripped him and his wife of their kids and sparked fury in his home country at the state's child protective services system.
The affair has triggered outrage in Serbia, with officials there saying they would try to get the children back to the parents as soon as possible - even if it takes intervention through the highest diplomatic channels.
"There are indications of major human rights violations by the Child Protective Service, which is acting on its own," Serbian justice ministry official Slobodan Homen told the AP.
Child Advocates Seek Reforms-Texas
Child Advocates Seek Reforms - News - The Austin Chronicle
On an average day in 2009, there were 187 reported cases of child abuse and neglect in Texas. If lawmakers make planned cuts to the Department of Family and Protective Services budget, charities statewide fear those numbers will get worse.
At a Jan. 19 press conference in the Lieutenant Governor's Office, the Child Protection Roundtable – a coalition of about 30 child advocate organizations – laid out its legislative agenda, which seeks to avoid the casualties that come from dramatic budget cuts. Surrounded by 187 children's handprints and 187 stuffed toys – one for each endangered child – Madeline McClure, executive director of TexProtects (shorthand for the Texas Association for the Protection of Children), called for legislators to protect "our state's most precious resource, and it's not water."
On an average day in 2009, there were 187 reported cases of child abuse and neglect in Texas. If lawmakers make planned cuts to the Department of Family and Protective Services budget, charities statewide fear those numbers will get worse.
At a Jan. 19 press conference in the Lieutenant Governor's Office, the Child Protection Roundtable – a coalition of about 30 child advocate organizations – laid out its legislative agenda, which seeks to avoid the casualties that come from dramatic budget cuts. Surrounded by 187 children's handprints and 187 stuffed toys – one for each endangered child – Madeline McClure, executive director of TexProtects (shorthand for the Texas Association for the Protection of Children), called for legislators to protect "our state's most precious resource, and it's not water."
TONIGHT!! American Mothers Political Party Show- 5 PM CST, 6 PM EST — CALL IN (347) 205-9977 « Battered Mothers-A Human Rights Issue
TONIGHT!! American Mothers Political Party Show- 5 PM CST, 6 PM EST — CALL IN (347) 205-9977 « Battered Mothers-A Human Rights Issue
http://www.blogtalkradio.com/americanmotherspoliticalparty/2011/01/27/still-standing
AMPP is a social movement seeking justice and accountability within the family court system which includes DHHS/CPS, psychologists and other so called experts.
We as mothers demand CITIZENSHIP and our Rights to our Children.
We demand that our children not be used as pawns by our abuser in a custody dispute.
We demand that Mothers and Children be equally protected against court ordered visitation with an abuser.
We demand that Mothers and Children be given the same rights, privileges and voice that the abuser gets in family courts!
We demand that our President take action now as can no longer afford to be silent and we won’t.
We demand the same "rights and freedoms" to which all humans are entitled.
Behind the closed doors of the dirty little secret of the family court system, thousands of women each year lose child custody to violent men who beat and abuse Mothers and Children.
Family courts are not family-friendly and betray the best interests of the child.
Until Mothers and Children’s voices are heard we will never shut up, give up or go away!
http://www.blogtalkradio.com/americanmotherspoliticalparty/2011/01/27/still-standing
AMPP is a social movement seeking justice and accountability within the family court system which includes DHHS/CPS, psychologists and other so called experts.
We as mothers demand CITIZENSHIP and our Rights to our Children.
We demand that our children not be used as pawns by our abuser in a custody dispute.
We demand that Mothers and Children be equally protected against court ordered visitation with an abuser.
We demand that Mothers and Children be given the same rights, privileges and voice that the abuser gets in family courts!
We demand that our President take action now as can no longer afford to be silent and we won’t.
We demand the same "rights and freedoms" to which all humans are entitled.
Behind the closed doors of the dirty little secret of the family court system, thousands of women each year lose child custody to violent men who beat and abuse Mothers and Children.
Family courts are not family-friendly and betray the best interests of the child.
Until Mothers and Children’s voices are heard we will never shut up, give up or go away!
Wednesday, January 26, 2011
Legally Kidnapped: Adoption lawyer says people are shocked-It's ALL about the Money!!
Legally Kidnapped: Adoption lawyer says people are shocked
It's ALL about the MONEY!! Not the best interest's of the Children!!!!
It's ALL about the MONEY!! Not the best interest's of the Children!!!!
Subscribe to:
Comments (Atom)