Stacey Pynn Complaint Against Michael Pynn

Stacey Pynn Complaint Against Michael Pynn is an extremely well-written complaint that I believe covers all the essential issues.

UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF NEW YORK

(BUFFALO DIVISION)

 

Petitioner:  STACEY PYNN                                      )           Case : 24-cv-508 filed May 23, 2024

)

-vs-                                                                              )           COMPLAINT

)

Defendants:  MATTHEW PYNN,                             )

NEW YORK STATE UNIFIED COURT SYSTEM )           DEMAND FOR JURY TRIAL

NEW YORK STATE OFFICE OF COURT              )

ADMINISTRATION, NIAGARA COUNTY,          )

NIAGARA COUNTY DEPARTMENT OF              )

SOCIAL SERVICES, NIAGARA COUNTY           )

CHILD PROTECTIVE SERVICES, NIAGARA     )

COUNTY CLERK’S OFFICE, NORMAN              )

  1. GEORGE, LAWRENCE MARKS, )

KEVIN M. CARTER, ANDREW ISENBERG        )

DEAN PULEO, KEITH D. KIBBLER, DANIEL    )

  1. FURLONG, RICHARD KLOCH             )

FRANK SEDITA III, SARA SHELDON,                )

CATHERINE NUGENT-PANEPINTO,                   )

JOSEPH JASTRZEMSKI, LISA KESSLER             )

DAVID HAYLET JR., CLAUDE JOERG,               )

MEGHAN LUTZ, NIAGARA COUNTY CPS         )

SUPERVISOR “JANE DOE”, RHONDA PLATT   )

CHARLES P. BEN, NICHOLAS D’ANGELO        )

BIANCA GATTO, DAVID NATHANSON,            )

STANLEY EDWARDS, RONALD WILSON,        )

JOHN SPERO, OTHER “JANE DOES” and            )

“JOHN DOES”                                                           )

__________________________________________)

 

COMPLAINT AND DEMAND FOR JURY TRIAL

  1. Plaintiff, Stacey Pynn, brings this action against Defendant/s Matthew Pynn et al., and alleges, upon information, the record of previous proceedings, and belief and hereby submits the following for consideration by this honorable Court.

 

APPLICATION OF LIBERAL CONSTRUCTION

  1. Plaintiff Stacey Pynn appears here in her pro se status. As such, this Plaintiff respectfully requests that her pleadings herein will be liberally construed by this honorable Court, pursuant to the standards established by the Supreme Court of the United States in Haines v. Kerner, 404 U.S. 519 (1972) (Holding that: “ a pro se litigant’s pleadings, “however inartfully pleaded,” are held to the most liberal of standards because pro se litigants may be less capable of formulating legally-competent initial pleadings.)

 

JURISDICTIONAL STATEMENT

  1. This Court has jurisdiction over these matters pursuant to 42 U.S. Code § 1983. A suit brought under 42 U.S. Code § 1983 is a civil action for deprivation of rights. (“ anyone who deprives a United States citizen of rights, privileges, or immunities secured by the Constitution and laws is liable to the injured party. The injured party can take action at law, suit in equity, or other proper proceeding for redress.”) (See:42 U.S.C. § 1983. Section 1983 provides in pertinent part: Every person who, under color of any statue, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction on thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party.)

 

4.           Jurisdiction and venue is proper here pursuant to 28 U.S. Code § 1391 which provides in relevant part that “28 USC §1391.  Except as otherwise provided by law—(1)this section shall govern the venue of all civil actions brought in district courts of the United States; and (2) the proper venue for a civil action shall be determined without regard to whether the action is local or transitory in nature.” (See, e.g., Monroe v. Pape, 365 U.S. 167 (1961) (holding that officials acting in abuse of their authority who deprive an individual of a constitutional right may be liable under § 1983.)(See also, Brown v. State of New York, 89 N.Y.2d 172, 674 N.E.2d 1129, 52 N.Y.S.2d 223 (1996). 2 N.Y. CONST. art. I, § 11.) In Brown, the New York Court of Appeals held that individuals may assert claims for compensatory damages for violations of their rights protected by the equal protection guarantees of the New York State Constitution.

5.           Additionally, Jurisdiction is conferred upon this Court by 28 USC §§ 1331 and 1343, supplemental jurisdiction over Plaintiff’s state law claims is conferred upon this Court by 28 U.S.C. §1367;

6.          Venue is properly laid in the Western District of New York Pursuant to 28 U.S.C. §

1391(b)(2) because a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of the property that is the subject of the action is situated.

 

  1. Article III of the U.S. Constitution provides Federal Courts can hear all cases in law and

equity arising under this Constitution, [and] the laws of the United States.  The Supreme Court has interpreted this clause broadly, finding that it allows federal courts to hear any case in which there is a federal ingredient, see Osborn v. Bank of the United States, 22 U.S. 738 (1824)

 

  1. Plaintiff asserts that this court is appropriate as this complaint falls within this district’s subject matter jurisdiction and seek damages from Defendants for injuries suffered from an alleged fraud involving a state court judgment, the adjudication of and Plaintiff does not require the federal court to sit in review of any state court judgments.  Furthermore, Plaintiff seeks permissible injunctive remedy against state courts and state court judges, (see Motion #1 for TRO or Federal Receivership).

 

  1.  This court also has jurisdiction over these matters pursuant to18 U.S. Code § 3509 – Child victims’ and child witnesses’ rights[1] and 42 U.S.C. § 13031[2], and 18 U.S.C. § 2241– Aggravated sexual abuse 18 U.S.C. § 2242– Sexual abuse, 18 U.S.C. § 2243– Sexual abuse of a minor or ward and 18 U.S.C. § 2244– Abusive sexual contact, and 18 U.S. Code § 3231 – District courts; and whatsoever rules, laws, regulations and Federal Rules of Civil Procedure may apply. The district courts of the United States shall have original jurisdiction, exclusive of the courts of the States, of all offenses against the laws of the United States.

 

  1. Jurisdiction and venue are proper here pursuant to activity pursuant to the Racketeer Influenced and Corrupt Organizations Act (RICO). See 18 U.S.C. § 1964.

 

 

NATURE AND CAUSE OF ACTION

  1. The criminal activities, cover ups, and corruption involving all of the Defendants, either jointly and/or severally in both their personal and/or administrative, and/or illegal judicial  capacities constitute criminal activity pursuant to the Racketeer Influenced and Corrupt Organizations Act (RICO). See 18 U.S.C. § 1964.

 

  1. The Petitioner also brings this lawsuit pursuant to pursuant to 42 U.S. Code § 1983.

 

  1. The Plaintiff brings this private civil action for violations of the Racketeer Influenced and Corrupt Organizations Act (RICO). See 18 U.S.C. § 1964(c).

 

  1. The Plaintiff alleges that Defendants conduct involves statutorily  prohibited activities: (1) investing in, (2) acquiring, and/or (3) conducting or participating in an enterprise with income derived from a pattern of racketeering activity, and (4) conspiring to commit the first three types of activity. 18 U.S.C. § 1962(a)–(d).

 

  1.   As to the element of causation, this plaintiff alleges that the unlawful conduct of all of the Defendants was the proximate cause of the plaintiff’s injury. Harmoni International Spice, Inc. v. Hume, 914 F.3d 648, 651 (9th Cir. 2019)
  2. The Plaintiff brings this Complaint RICO 18 U.S.C. § 1962(c) and (d), the conduct and conspiracy prongs of the statute.

 

  1.  Pursuant to 18 U.S.C. § 1962(c), the Plaintiff brings this lawsuit against all Defendants’  (1) conduct, (2) of an enterprise, (3) through a pattern, (4) of racketeering activity (known as “predicate acts”), (5) causing injury to the Plaintiff and her minor children by the conduct constituting the violations and criminal activities set forth herein.. See Living Designs, Inc. v. E.I. Dupont de Nemours & Co., 431 F.3d 353, 361 (9th Cir. 2005).

 

  1.   The Defendants each committed criminal acts and conduct and had some part in directing the affairs of their criminal enterprise. [3]

 

  1. The Defendants conducted a pattern of racketeering activity, which resulted in irreparable harm to the Plaintiff and her minor children, from on or about February 4, 2013.[4]

 

  1. The Defendants each conspired and schemed and conducted a criminal enterprise involving the exploitation and abuse of minors and conspired and conducted cover ups to conceal their ongoing criminal activity in the same.[5]
  2.  The Defendants criminal conduct was interrelated in purpose and scope and embraced criminal acts that had the same or similar purposes, results, participants, victims, or methods of commission, or otherwise are interrelated by distinguishing characteristics and were not isolated events.[6]

 

  1.   The criminal conduct of the Defendants was “long term” as defined under the RICO Act, beginning at least on or before February 4, 2013, and continuing until present day.[7]

 

  1.  The Plaintiff alleges that the misconduct and criminal activity constitutes racketeering activity because the relevant conduct consists of at least one of the indictable predicate acts listed in 18 U.S.C. § 1961. Sedima, S.P.R.L. v. Imrex Co., Inc., 473 U.S. 479, 495 (1985) (“‘[R]acketeering activity’ consists of no more and no less than commission of a predicate act.”).

 

  1. Plaintiff alleges that the Defendants’ conduct involved violations and criminal conduct through predicate offenses pursuant to: §§ 1461–1465 (relating to obscene matter); §1503 (relating to obstruction of justice); §1510 (relating to obstruction of criminal investigations);  1511 (relating to the obstruction of State or local law enforcement); §1512 (relating to tampering with a witness, victim, or an informant); §1513 (relating to retaliating against a witness, victim, or an informant); §§ 1581–1592 (relating to peonage, slavery, and trafficking in persons); §1952 (relating to racketeering); §§2251, 2251A, 2252, and 2260 (relating to sexual exploitation of children); §§2421–24 (relating to white slave traffic); and title 18, United States Code: Section 201 (relating to bribery).

 

  1. The RICO Act required predicate acts alleged by the Plaintiff and committed by the Defendants are proven upon the record as it exists and by a preponderance of the evidence. See Wilcox v. First Interstate Bank, 815 F.2d 522, 531-32 (9th Cir. 1987).

 

  1. This case is brought by the Plaintiff, Stacey Pynn, and it is based upon the reckless and harmful endangerment and neglect and abuse of minor children involving, but not limited to, violent physical and sexual abuse, molestation, and sex trafficking of children and the cover up of these crimes, being conducted in the state of New York involving each of the Defendants.

 

  1. The Defendants all conducted, and continue to conduct knowingly and willfully, at various and sundry times, violent, abusive, neglectful, predatory, criminal and harmful acts against children. All Defendants listed above were, or still are, directly or indirectly involved in the perpetration and conspiracy to abuse children and the cover up of these crimes, as proven upon the record of proceedings and the testimony of the victims. The Defendants perpetrate, promote and cover up these crimes in a continuing criminal enterprise.

 

  1. The Plaintiff seeks compensatory and punitive damages based upon the ongoing pain and suffering resulting from the abuses committed, tolerated, and allowed to continue unchecked, by all Defendants, who all at some time and in some way participated directly or indirectly in this criminal abuse of the Plaintiff’s children, and other children, in violation of the laws of the State of New York and the United States.

 

  1.      The scheme of child sex trafficking, sexual abuse, molestation and kidnapping of minor children, and the cover up of these crimes, under the guise of child protection, involves each of the Defendants. These abuses constitute violation of the criminal codes of both the State of New York and the United States as set forth more specifically herein.

 

  1. Over the course of many years the Defendants directly or indirectly, through means jointly and severally, at various and sundry times, sexually exploited and abused minor children through a scheme involving the child protective services administrations of the state of New York, and the New York Court systems.

 

  1. These abuses were conducted at various places and involved various institutions enacted and organized under the guise of protecting the rights of these abused children. These abuses involved the abduction of children from their individual and jointly married parents under the guise of child protection. The system, and status quo, of the administrative and judicial institutions set forth herein conducted the crimes willfully and knowingly to the exploitation of numerous minor children throughout the state of New York in violation of the laws of the United States, as set furthermore specifically herein below.

 

  1. Defendant Matthew Pynn, in conjunction with and through conspiracy and direct involvement in these crimes, with the aiding and abetting of the other Defendants conspired and actively jointly and severally permitted, allowed, corroborated, authorized, participated in, sanctioned, endorsed and covered up, criminal activity in conjunction with Defendant Matthew Pynn were, and continue to be involved in a scheme of child sex trafficking and cover-ups and continued sexual abuse and molestation and sex-trafficking of minors.

 

  1. To wit, from at least on or about May 10, 2013, up to and including today, Matthew Pynn  and his codefendants were involved in the sanctioned illegal abduction, through court ordered removal of custody from custodial parents, through false premises, and other means set forth more specifically herein, caused to be enticed and actually removed and “kidnapped” minor children for the purposes of engaging said minor children in abusive sex acts and molestation and abuse.

 

  1. Furthermore, Matthew Pynn and the codefendants did conspire and involve themselves in order to ensure and maintain the supply of children, and to increase the supply of victims.

 

  1. Matthew Pynn and his codefendants used and implemented the Court system and protective services established and used the confidentiality afforded by these forums for the purposes of child protection to discretely supply these victims under the guise child protection.

 

  1. Defendant Matthew Pynn’s sexually abused his own children. Plaintiff’s own and other children, some as young as six years of age, were also either directly or indirectly abused by the codefendants and coconspirators through coercion, grooming and provision of further victims.

 

  1.     In creating and maintaining this network of minor victims throughout the State of New York designed to sexually abuse and exploit minor children, Matthew Pynn and his associates and codefendants worked and conspired together to provide victims through the New York Child Protective Services system, which were established and obligated to the protection of children.

 

  1. With the sanctioning, endorsement, involvement and protection of the Defendants Defendant Matthew Pynn has been allowed to continue to sexually abuse, repeatedly strangulate and neglect Plaintiffs four minor children. All Defendants neglected and participated either directly or indirectly in this criminal conduct.

 

  1. All Defendants, including Matthew Pynn and his codefendants as accomplices, aid and abettors, and coconspirators have knowingly and willfully refused and neglected to perform their legal duties of office owed and demanded from their positions and employment owed to people in the state of New York.

 

  1. All Defendants have knowingly and willfully refused to follow, neglected, and violated the Rules of Civil Procedure governing our courts, and the rules and requirements applicable to child protection services required to ensure the safety of mine and other children in the state of New York, and denied constitutionally guaranteed due process to the victims and parents of the abused and neglected children.

 

To wit,

  • The state of New York knowingly and willfully circumvented, neglected, violated, and/or refused to implement policies and procedures in place, or that should have been implemented and put into place, designed to prevent fraud and abuse and standards and procedures concerning conflicts of interests among persons.
  • The state of New York refused to maintain diligent hiring practices and employee oversight, as required.
  • The state of New York knowingly and willfully refused to investigate reports, tips, and evidence of child abuse, sexual abuse, strangulation and physical abuse of minor children, and in incidents where these abuses were known to the State of New York, the State of New York knowingly, willfully and criminally covered them up.
  • The state of New York knowingly and willfully refused to perform its obligation to prevent the abuse of children in any and all ways, by any and all means, and to prevent further abuse from occurring.

 

PARTIES

  1. Plaintiff, Stacey Pynn, is a resident of the State of New York and resides at

7217Woodmore Court, Lockport, New York 14094. She is mother to the four children abused by Defendant Matthew Pynn and the other Defendants.  She is a licensed physician assistant, notary public and a certified paralegal.  She is court watcher and founder of The Lock Keeper Court Watchers, LLC.

 

  1. Defendant New York State Unified Court System (“NYS UCS”) is a department of

government of New York State that includes all courts in New York State and provides a broad range of services to promote the rule of law and strives to deliver Justice for all.  It consists of twelve (12) State and Federal-funded courts.  They include three appellate courts – the Court of Appeals, the Appellate Divisions of the Supreme Court and the Appellate Term of the Supreme Court – and nine trial courts – the Supreme Cout, the Court of Claims, County Court, Family Court, Surrogate’s Court and Criminal Courts of New York City, the District Courts on Long Island, and the City Courts outside New York City.  Defendant NYS UCS is located at 25 Beaver Street, 8th Floor Room 830, New York, New York 10004.

 

  1. Defendant New York State Office of Court Administration (“NYS OCA”) is an

administrative arm of NYS UCS that is responsible for financing and management of all courts in the NYS UCS, including Family Court; Defendant NYS OCA is located at Office of Court Administration, Rm. 852 25 Beaver Street New York, NY 10004.

 

  1. Defendant Niagara County Department of Social Services (herein after “Niagara

DSS”) is a New York State Local Department of Social Services located in Niagara County, New York, This Defendant is located at 301 10th street, Niagara Falls, NY 14302.

 

  1. Defendant Niagara County Child Protective Services (“Niagara CPS”) is a subdivision of Niagara DSS, charged with investigating reports of child abuse or neglect, whose purpose is to ensure that children are safe to prevent any future abuse or neglect through the provision of supportive services. This Defendant is located at 301 Tenth Street, Niagara Falls, NY, 14302.

 

  1. Defendant Niagara County Clerk’s Office is a department of the government of

Niagara County maintains official governmental records, including official court records and documents. This Defendant is located at Niagara County Courthouse, PO Box 461, 175 Hawley Street, 1st Floor, Lockport, NY 14095-0461

 

  1. Defendant Lawrence Marks NYS OCA Registration # 1871508 is an Attorney in the State of New York and is the former Chief Administrative Judge of the NYS UCS.  He was responsible as “chief executive officer” in the exercise of the functions, powers, and duties of a “public employer” under the provisions of article fourteen of the civil service law.  He was responsible for overseeing the day-to-day operation of the New York Statewide court system pursuant to N.Y. Jud. Law §212.  He was responsible for holding hearings on conduct investigations and promulgating rules of conduct for judges in New York State. He  is responsible for the appointment of Defendants Kevin Carter as Administrative Judge of the New York State Eighth (8th) Judicial District and Keith D. Kibler as the New York State Family Court Supervising Judge of the Eighth (8th) Judicial District. This Defendant is located at 25 Beaver Street Room 852 New York, NY 10004.

 

  1. Defendant Norman St. George NYS OCA Registration # 2249522 is an attorney

registered in New York State and is the Deputy Chief Administrative Judge in New York State.  He is responsible for overseeing all trial-level courts throughout New York State, along with the departments and operations within the Office of Court Administration.  He is responsible for receiving, reviewing and investigating complaints about the conduct of the courts within New York State. This Defendant is located at 100 Supreme Court Drive Mineola, NY 11501.

 

  1. Defendant Kevin M. Carter NYS OCA Registration #2420016 is an attorney in the state

of New York.  He is currently the purported Administrative Judge of the New York State Eighth (8th) Judicial District.  His responsibilities include ensuring due process in court, holding hearings on conduct investigations in accordance with the Rules of the Chief Administrative Judge and authorizing the transfer of court proceedings from one judge to another. This Defendant is located at Erie County Hall 92 Franklin Street, 3rd floor. Buffalo, NY 14202

 

  1. Defendant Andrew Isenberg, NYS OCA Registration #2534113 is an attorney in

the state of New York.  At all times during this complaint, he was the executive assistant to Defendant Kevin M. Carter. This Defendant is located at Erie County Hall 92 Franklin Street, 3rd floor. Buffalo, NY 14202.

 

  1. Defendant Dean Puleo, NYS OCA Registration #4105045 is an attorney in the state

of New York.  At all times during this complaint, he was the assistant to Defendant Kevin M. Carter for Town and Village Courts in the State of New York 8th Judicial District. This Defendant is located at 92 Franklin Street Fl 3rd Buffalo, New York 14202.

 

  1. Defendant Keith D. Kibler, He is a supervising judge of the Eighth (8th) Judicial District This Defendant is located at 189 N Main St., Warsaw, NY 14569.

 

  1. Defendant Daniel J. Furlong is a Justice of the New York State Supreme Court, Eighth (8th) Judicial District.  This Defendant is located at Erie County Court Building 25 Delaware Avenue, Ground floor, Buffalo, NY 14202.

 

  1. Defendant Frank Sedita III Registration # 2134468 is a New York Supreme Court Judge in the Eighth Judicial District. This Defendant is located at Niagara County Courthouse 175 Hawley Street Lockport, NY 14094. 

 

  1. Defendant Catherine Nugent-Panepinto is a justice of the Supreme Court, 8th Judicial District. Her term expires December 31, 2024. This Defendant is located at 92 Franklin St, Buffalo, NY 14202.

 

 

  1. Defendant Claude Joerg, Registration# 1936525 is the Niagara County Attorney.  This Defendant is located at 175 Hawley St., Lockport, NY 14094.

 

  1. Defendant Joseph Jastrzemski is the Niagara County Clerk

This Defendant is located at 175 Hawley St., Lockport, NY 14094.

 

  1. Defendant Lisa Kessler is an employee of the Niagara County Clerk’s Office.

This Defendant is located at 175 Hawley St., Lockport, NY 14094.

 

  1. Defendant David Haylett Jr. Registration #5187356 is an1 attorney for Defendant Niagara County Department of Social Services.  He is a partner at Seaman Norris LLP. *This Defendant is located at 175 Hawley Street19, Lockport NY 14095.

 

  1. Defendant Nicholas D’Angelo is a disbarred attorney formerly employed by the Defendant Niagara County Department of Social Services. He is a convicted sex offender.  D’Angelo is a violent eight-time-convicted felony serial rapist. Defendant is located at 4217 Ridge Road Lockport, New York 14094.

 

  1. Defendant Meghan Lutz is a Niagara County Department of Social Services Commissioner.  As a Social Services Commissioner she oversees the overall operations, including training and hiring of Niagara County Child Protective Services employees.  This Defendant is located at 301 10th street, Niagara Falls, NY 14302.

 

  1. Defendant Bianca Gatto at all times during this Complaint is a supervisor for Niagara

County Child Protective Services.  She is responsible for overseeing the conduct and training of caseworkers.  This Defendant is located at 301 10th St, Niagara Falls, NY 14303.

 

  1. Defendant Rhonda Platt is a caseworker for Niagara County Child Protective Services.   She is charged with conducting investigations concerned with child welfare.    This Defendant is located at 301 10th St, Niagara Falls, NY 14303.

 

  1. Defendant Charles P. Ben NYS OCA Registration #1790443 was at all times during this

Complaint an attorney in the State of New York.  He is the attorney for children in the state of  New York Supreme Court, county of  Niagara This Defendant is located at 193 East Ave. Lockport, NY 14094.

 

  1. Defendant David Nathanson at all times during this complaint is a purported forensic

psychologist licensed in New York State license #013295. This Defendant is located at 1275 Delaware Ave. Buffalo, NY 14209.

 

  1. Defendant Ronald Wilson is a New York State Trooper Investigator, Troop A in Batavia New York.  This Defendant is located at 4525 W Saile Dr, Batavia, NY 14020.

 

  1. Stanley Edwards III is a New York State Trooper Major and Commander of Troop A.  He is also on the New York State Police Internal Affairs Bureau Western Region for Professional Standards.  This Defendant is located at 4525 W Saile Dr, Batavia, NY 14020.

 

  1. Defendant John Spero is a New York State Trooper Investigator, shield #953This Defendant is located at 6566 Dysinger Road, Lockport, New York 14094.

 

  1. Defendant, Matthew Pynn, is an attorney licensed to practice in New York Registration NYS OCA #2603744 and was a Chapter 7 Bankruptcy Debtor in the year 2015He is a former attorney for Defendant Niagara County CPS and current employee of Defendant Niagara County as a Public Defender frequently appearing regularly in all courts located around Niagara County.  He stands accused of sexual abuse and the strangulation of his own children. This Defendant is located at 112 LeVan Avenue Lockport, New York 14094.

 

FACTUAL BACKGROUND

 

  1. From February 27, 2002, to the present Defendant Matthew Pynn has been employed as

an attorney by Niagara County, initially as an Assistant Social Services Attorney for the Niagara County Department of Social Services, and for the past twenty (20) years a Niagara County Public Defender.  Due to the nature of his job as a Niagara County Public Defender, he works regularly within the courts located in Niagara County and as a result is well acquainted with judges, court officials and court staffers.  He is also well acquainted with local police and other investigative officers, especially child welfare investigators for Defendant Niagara County CPS since at one time he was also employed there.

 

  1. Plaintiff Stacey Pynn and Defendant Matthew Pynn were married June 15, 2002, and four children resulted from their marriage, female HP born April 10, 2006, male LP born December 22, 2006, and twin females MP and AP born December 16, 2009.  On or around May 10, 2013, Defendant Stacey Pynn filed for divorce in the New York State Supreme Court, County of Niagara case e150065/2013.

 

  1. Plaintiff Stacey Pynn was unaware at the time that the courts and child welfare agencies located in and around Niagara County had conspired to criminally cover up the severe child abuse and maltreatment committed by her then spouse Defendant Matthew Pynn.

 

  1. The Reprehensible Hiring Practice of the New York State Courts and Child Welfare Agencies in Niagara County is Well Known yet the State Courts and Niagara County Do Little or Nothing or Attempts to Conceal the Issues from the Public.

 

  1. The reprehensible hiring practices and inhumane treatment in the New York State courts detailed herein involve failures to prevent fraud, abuse, and conflict of interest among persons are in violation of 42 United States Code §602(6) and illegally violate New York State’s contract with the Federal Government to received Title IV Federal Funding under the Child Abuse Prevention and Treatment Act (“CAPTA”). These deliberate and knowingly made fraudulent violations of the False Claims Act mandate that the state must pay back threefold the multi-millions it has fraudulently received to the United States government and the federal taxpayers that the state of New York has bilked out of these fraudulently obtained proceeds. Indeed,  New York State should be denied future Federal Funding immediately, or else, through association and allowing this fraud to continue the United States government itself is complicit in not only the fraud but also the horrific crimes against children and families which are being committed by the State of New York through its agents.

 

  1. The Defendants have all conspired and actually committed and covered up the hiring of multiple disgraced criminal public officials. Defendant Matthew Pynn’s child sexual abuse, strangulation and other multiple forms of child abuse, all of which have been proven and exist as a matter of public record, constitute criminal conduct under to18 U.S. Code § 3509 – Child victims’ and child witnesses’ rights[8] and 42 U.S.C. § 13031[9], and 18 U.S.C. § 2241– Aggravated sexual abuse 18 U.S.C. § 2242– Sexual abuse, 18 U.S.C. § 2243– Sexual abuse of a minor or ward and 18 U.S.C. § 2244– Abusive sexual contact, and 18 U.S. Code § 3231.

 

  1. Endorsement of these criminal acts by administrators of the courts and child welfare protective services and the judges violate New York state’s Title IV Federal Funding income requirements.  See 45 CFR §302 State Plan Requirements, See Blessing v. Freestone, 520 U.S. 329 (1997) “Congress authorized the Secretary of Health and Human Services (Secretary) to audit and cut off funds to States whose programs do not substantially comply with Title IVs (contract) requirements.”

 

  1. Considering the extensive monetary income obtained through the New York state’s defrauding of the Title IV federal funding program, the fraudsters should and must be prosecuted under the law.

 

  1. Plaintiff’s children are victims of child sex trafficking by the Defendants, including the government officials involved as alleged herein.

 

  1.  Many of these predatory and corrupt government officials have failed or neglected to take and file their lawfully obligated public officer’s oath of office in violation of New York State Public Officer’s Law §10.  Many have defective oaths.  They have failed to establish a trust they will uphold the U.S. and New York State Constitution in their elected or appointed role.  See Cooper v Aaron 358 U.S. 1, 78 C. Ct. 1401 (1925), “any judge who does not comply with his oath to the Constitution of the Unites States wars against the Constitution and engages in acts in violation of the supreme law of the land.  The Judge has engaged in acts of treason.  The U.S. Supreme Court has stated that “no state legislator or executive or judicial officer can wage war against the Constitution without violating his undertaking to support it.”  No state legislator or executive or judicial officer can wage war against the Constitution without violating his solemn oath to support it.  358 U.S. 18.

 

 

The New York Senate held a hearing on November 1, 2023, calling the New York state Family Court System “dehumanizing” and involving a “demeaning cattle-call culture.”  

 

  1. The Defendants’ reprehensible conduct and inhumane treatment of people is public knowledge and described herein:

 

  1. Defendant Lawrence Marks stepped down from his position as Chief Administrative Judge amidst an investigation by the New York State Civil Liberties Union and his role in a confidential memorandum advising judges to ignore certain evidence in Temporary Orders of Protection.  Defendant Lawrence Marks’s oath for his position as Chief Administrative Judge of the NYS UCS is defective and therefore not valid thus failing his lawful obligation as a public officer to establish a trust that he will uphold the U.S. Constitution.  This also complicates any assigns by Defendant Lawrence Marks that they are void given the vacatur of his position as Chief Administrative Judge ab initio due to the self-executing effects of New York State Public Officer’s Law §30 (h). His last reported pay for this position by his employer New York State was $227,800 in the year 2022.

 

  1. Defendant Norman St. George has failed to file his public officer oath with the New York State Department of State for his position of the First Deputy Administrative Judge in New York State.  As such his position is vacant pursuant to New York State Public Officer’s Law §30(h) and he is not afforded the statutory protections of his position as a public official.  His publicly reported New York State pay for this position in the year 2022 was $222,200.

 

  1. Defendant Niagara County has been under public fire for reprehensible hiring practices, See the Investigative Post Scheer, Mark “Niagara County Keeps Hiring Disgraced GOPers… Not Even Felonies Disqualify Job Candidates” Jan. 30, 2021, Niagara County keeps hiring disgraced GOPers – Investigative Post : Investigative Post last visited May 13, 2024, noting among other troubling county employees, the Niagara County employment trainer Glenn Aronow is a disgraced former senate staffer, who lost his post due to sexual harassment.

 

 

  1. Defendant Niagara County Department of Social Services has been under public fire for the blunder in hiring Defendant Nicholas D’Angelo as a Child Protective Services Attorney who at the time of his hiring to work for the Department was a known sex offender who offended on a fourteen year old girl in a school hallway, see the Niagara Gazette, Pfifer, Rick, “Judge to monitor Falls student | Local News | niagara-gazette.com” August 15, 2010, last visited May 14, 2024.

 

  1. A social media group on Facebook exists solely dedicated to Defendant Kevin M. Carter, “Wrecking Families” as a Family Court Judge and Eighth Judicial District Administrator.  Defendant Kevin M. Carter failed to file his public officer oath for his position as Administrator to the 8th Judicial District with New York State in violation of New York State Public Officer’s Law §10. As such his position is vacant pursuant to New York State Public Officer’s Law §30 (h) and he is not afforded the statutory protections of his position as a public official.  His last publicly reported income for this position is $218,500 in the year 2023.

 

  1. Defendant Andrew Isenberg, legal assistant to the Defendant Kevin M. Carter in the Eighth Administrative Judicial Office was arrested for inappropriate conduct in a boy’s locker room on March 25, 2023, see Spectrum News, Skoog, Katie “Two people, including state court official, arrested in Alumni Arena men’s locker room – The Spectrum (ubspectrum.com)”, March 25, 2023, last visited May 14, 2024.  His last publicly reported pay for this position in the year 2022 was $170,884.

 

  1. Defendant Dean Puleo, another legal assistant to the Defendant Kevin M. Carter in the Eighth Administrative Judicial Office was arrested in his past for strangulating his much younger girlfriend on July 17, 2010, see The East Aurora Advertiser, “Puleo Pleads Not Guilty to Harassment Charge – East Aurora Advertiser (eastaurorany.com)” July 22, 2010, last visited May 14, 2024.  His last publicly reported income for this position was $124,099 in 2023.

 

  1. Defendant Richard Kloch has a history of judicial misconduct  as a Court of Claims Judge in New York State, County of Niagara for his failure to recuse in cases involving his own family, see Niagara Gazette, Scheer, Mark, “Claim asks for Kloch’s recusal | Local News | niagara-gazette.com” October 29, 2010, last visited May 14, 2024.  His last publicly reported income for this position was $210,322 in the year 2021.

 

 

  1. Defendant Daniel J. Furlong has made international news including Fox and the Tucker Carlson Show for his egregious adjudication as a Supreme Court Judge in the state of New York, county of Niagara, with Tucker Carlson stating, “I would rather have cancer than go through this.”  See The Tucker Carlson Show, Carlson, Tucker, “Uncensored: The Battle for Parental Rights (tuckercarlson.com)” April 19, 2024.  Last visited May 14, 2024.  His last publicly reported income for this position was $210,900 in the year 2023.

 

  1. Defendant Frank Sedita III now a Supreme Court Judge in the state of New York, county of Niagara has received public scrutiny for an apparent bribery scheme, “pay to play”.  See the Buffalo News, “Sedita strong arms his staff to pry big donations (buffalonews.com)” August 7, 2013.  Last visited May 14, 2024.  He ran unopposed and was elected as a Justice of the New York State Supreme Court, Eighth (8th) Judicial District in November 2015.  His last publicly reported income for this position was $210,900 in the year 2023.

 

  1. Defendant Sara Sheldon received public scrutiny when she presided on a case as Supreme Court Judge in the state of New York, county of Niagara that her adjudication was favorable to rapists.  See The Buffalo News, “Editorial: Judge’s sentences diminished, disrespected victims of rape (buffalonews.com)”, Updated June 22, 2021, last visited May 14, 2024.  Her last publicly reported income for this position was $190,875 in the year 2016.

 

  1. Defendant Catherine Nugent-Panepinto is a disgraced Supreme Court Judge in the state of New York, county of Niagara who was censored December 9, 2020, for violations of a host of Rules Governing Judicial Conduct Sections 100.1, 100.2(A), 100.2(C), 100.3(B)(8), 100.4(A)(1) and (2) and 100.4(G) in another matter.  Her spouse is Marc C. Panepinto, a former 60th District senate member, is also a censored attorney for sexually inappropriate conduct whose license was temporarily suspended at two different times, and he spent time in prison for “bid to cover up sexual advances.”  Newspapers also reported complaints that Catherine Nugent-Panepinto was serving alcohol to minors at her residence, see The Buffalo News, McCarthy, Robert “City Honors parents complained about Panepinto underate drinking parties”, https://buffalonews.com/news/local/city-honors-parents-complained-about-underage-drinking-parties/article_c0f873b6-04b6-536b-abd2-df31365fd12b.html.  Last visited May 22, 2024.  She has failed to properly file her lawfully obligated public officer oath pursuant to New York State Public Officer’s Law §10 and therefore her position of judge is vacant ab initio pursuant to the self-executing effects of New York State Public Officer’s Law §30(h).  Her last publicly reported income for this position was $210,900 in the year 2023.
  2. Defendant Joseph Jastrezemski has had allegations of harassment levied against him in his official capacity as the Niagara County Clerk that he racially discriminated and sexually harassed a former courier of Defendant Niagara County Clerk’s Office.  See The Buffalo News, Prohaska, Thomas, “State agency holds hearing on harassment charges against Niagara County clerk (buffalonews.com)”, March 7, 2022.  Last visited May 14, 2024.  His publicly reported pay was $102,981 in the year 2022 for this position.

 

  1. Defendant Claude Joerg has received complaints that he abuses his position as the Niagara County Attorney to secure legal cases for his attorney family.  See the Niagara Gazette, Sheer, Mark, “Firm employing county attorney’s son hired to defend migrant case | Local News | niagara-gazette.com” July 27, 2023.  Last visited May 14, 2024.  He is also the chair of the Niagara County Ethics Committee.  His last reported income for the position as a Niagara County Attorney in the year 2022 was $144,231.

 

  1. Defendant Charles P. Ben was formally advised by the Attorney Grievance Committee for violation of confidentiality pursuant to New York State Judiciary Law §90 on December 13, 2019, and has been subject to a legal malpractice case that settled outside of court in the State of New York Supreme Court, County of Niagara by Ricky Longfritz in August 2016 case e159324/2016. His attorney father was also grieved in the past for maintaining conflict-of-interest cases, and Defendant Charles P. Ben was involved in that matter.

 

  1. Defendant Nicholas D’Angelo, now disbarred, was a registered attorney in the State of New York.  He was an attorney who formerly worked for Defendant Niagara County CPS.  He was hired despite it being publicly known that he was a child sex offender and is now deemed a level three (3) serial violent sex offender after a plea for eight (8) felony rape charges including a sixteen-year-old child who was a ward of the state.  See WKBW local news, “Attorney pleads guilty to multiple charges for sexually assaulting victims. (wkbw.com)” April 25, 2023.  Last visited May 14, 202.  Defendant Nicholas D’Angelo only got a suspicious deal of four months in jail and an agreement not to prosecute him for any other remaining crimes despite the violation of 18 U.S.C. §2243, (child sex trafficking via his position with Defendant Niagara County Child Protective Services), for which local media and the courts horrifically defamed the child victim an “under-age prostitute.”

 

 

  1. Defendant Bianca Gatto is a product Niagara County’s nepotism in hiring practices. She is employed by Defendant Niagara County as a Child Protective Services supervisor.  Her aunt is Pamela Gatto, her mother is Christine Gatto, and her father is Anthony Gatto.  Her aunt, mother and father all employees of Niagara with Child Protective Services/DSS.  Each has worked with Defendant Matthew Pynn during his employment in Niagara County Child Protection.  Complaints circulated the internet upon her hiring to work for Niagara County Child Protective Services alleging nepotism in favor of her over more suitable candidates who scored much higher on their civil service exams.  She ranked 30th on her civil service exam June 29, 2012, yet was hired above all these candidates who scored better. For her position, and for her involvement in the sexual abuse of children, in the year 2022 she was paid $62,244.

 

  1. Defendant David Nathanson has received nearly a dozen or more complaints submitted to his oversight the Office of Professional Discipline for his license through the New York State Department of Education.  One mom complained that he constructed a report that recommended she lose custody because at one time she cried in front of her son during a custody battle.  Another couple complained that David Nathanson called them delusional when they complained to him their child was not safe, and that child was later murdered.  He is a very controversial forensic psychologist within the courts and the concern is he is recommending custody to child abusers over the safe parent.

 

  1. Defendant Ronald Wilson is a corrupt New York State Police Officer that has been disciplined for multiple preventable auto and drunk driving collisions.  The most recent auto collision on April 24, 2021, on Southwestern Boulevard in Orchard Park New York involved Defendant Ronald Wilson driving while intoxicated after drinking at least 5 scotch and sodas “in pint sized containers”, one shot of unknown liquor, and one Manhattan, was witnessed to be speeding and hit the vehicle of a developmentally disabled person.  Ronald Wilson, as a matter of record lied to police initially when asked if he was the driver of the vehicle.  He received 35 days suspension without pay and is still a New York State Police Officer today.  This criminally corrupts police officer is paid  $161,391, and is allowed to conduct himself unchecked while violating the laws of the state of New York which would land civilians in prison.

 

  1. Defendant Stanely Edwards III has failed to file his public officer’s oath to the New York State Department of State pursuant to New York State Public Officer’s Law §10, therefore his position is vacant pursuant to the self-executing effects of New York State Public Officer’s Law §30.  His last publicly reported income for this position in 2023 was $185, 973.

 

  1. Defendant Matthew Pynn is an attorney for Defendant Niagara County formerly for Child Protection Services and current Public Defender.  He is currently still licensed and allowed to practice law in the state of New York.  His children disclosed sexual abuse and strangulation by him.  He has been substantiated for child abuse / maltreatment four times by Erie County Child Protective Services in New York for medical neglect, inadequate guardianship and educational neglect.  He filed Chapter 7 Bankruptcy on December 31, 2015.  He has been fined by the New York State Worker’s Compensation Board for $3000.00 and closed his law practice.

 

 

  1. The United States is Among the Top Three Countries in the World For Child Sex Trafficking According to Our Own Government and a Main Way Children Are Sought is Through The Child Welfare System.

 

 

  1. The United States Department of State on Human Trafficking that have consistently reported the United States is among the top three countries in the world for human trafficking.  The report explained and confirmed that children are provided to pedophiles through the foster care system.  New York State is among the top four states, (among California, Texas, and Florida) in the U.S. for child sex trafficking according to those reports.

 

  1. For over a decade, Plaintiff, her four children and multiple other concerned reporters reported to the Courts and Defendant Niagara County CPS that the child abuse ring now in place in the child protective services system and is always swept under the rug by the Defendants.

 

  1. Despite the plethora of evidence that the Plaintiff’s children were sexually abused, strangulated, and harshly neglected, by Defendant Matthew Pynn, in lieu of protecting the children and Plaintiff, the Defendants, for over a decade, committed, conspired to commit and covered up the child sexual abuse, strangulation and multiple forms of woeful neglect of the Defendant Matthew Pynn by denial of a fair forum for court and Child Protection investigations. Defendants also knowingly and willfully created biased reports and or obstructed documents from official court records to affect adjudication and protect themselves from their personal involvement being revealed.

 

  1. Plaintiff was denied her right to access the courts by the Defendants.

 

  1.    Defendants tampered with witnesses including threatening, intimidating, harassing, falsely arresting Plaintiff Stacey Pynn.

 

  1. Defendants directed counselors to ignore past and ongoing medical evidence of sexual abuse by the Defendant Matthew Pynn.

 

  1. Defendants knowingly and willfully ignored evidence and the children’s protected own abuse allegations.
  2. Defendants harshly restricted Plaintiff from any meaningful access to her children and from participating in medical care (despite Stacey Pynn being a current licensed physician assistant and the Defendant being substantiated for medical neglect by another outside CPS agency).
  3. Defendants failed and refused to properly investigate and arrest Defendant Matthew Pynn for his role in the ongoing sexual abuse and molestation of his own minor children, and covered up the same. Defendants knowing and willful refusal and failure to protect Plaintiff and her children resulted in irreparable harm.

 

  1. Defendants have knowingly and willfully maintained the minor children in the custody of their abuser, despite the children failing to thrive emotionally, educationally and physically, to their own detriment and peril.

 

  1. On April 12, 2023, Plaintiff Stacey Pynn publicly interviewed “Tiffany”, who is also one of Matthew Pynn’s victims, (on the podcast How to Fight CPS and Win the New York Edition). This Victim provided public witness testimony that Matthew Pynn was involved in her four children being trafficked to their pedophile father. Tiffany stated that she was sixteen when the pedophile captured her. The pedophile’s age was forty-four. She stated  that Matthew Pynn sexually trafficked children via adoption to a former Niagara County New York foster parent “Sherri” whom he knew to be a pedophile. This is not surprising since attorney Matthew Pynn is himself a pedophile as a matter of record.

 

  1. Tiffany detailed that this Sherri was the lesbian girlfriend of another Niagara County Child Protection Services attorney Susan Sussman. Sussman used her position to “kidnap” children for their homosexual relationship involving the grooming and sexual abuse of children.  When it became known that Sherri was sexually abusing the foster children in her care, Defendant Matthew Pynn represented her and knowingly and willfully continued to do adoptions for her after being made aware that she was abusing children.

 

  1. Among the issues in the interview, Plaintiff Stacey Pynn and Tiffany discuss how Stacey Pynn was able to participate in righting the wrongdoing of the Defendants and Matthew Pynn involving Niagara County CPS.

 

  1. Tiffany has since been granted sole custody of her children after escaping her captor, and the perpetrator is now free, but supervised due to his illegal-drug addiction and historic pattern of violence conducted in front of the minor children when in his care.

 

  1. Defendant Matthew Pynn’s proclivity for children, molestation, and his involvement in child sex trafficking is public knowledge, and a matter of record, and confirmed by mental evaluation, yet law enforcement, the courts and Child Protection Services refuse to do anything about it.

 

 

  1. Case-Fixing Activities by Maintaining Confidential Investigations Contaminated by Conflict-of-Interest and Denial of a Fair and Impartial Forum

 

  1. Between 2013 and 2024 the Defendant/s New York State Unified Court System and

Niagara County CPS received dozens of reports of child sexual abuse, strangulation and other forms of child abuse / maltreatment and human rights violation committed by Defendant Matthew Pynn.

 

  1. Despite their public officer oaths to uphold the U.S. and New York State Constitution to afford Due Process, the requirements of 42 U.S.C. § 602(6) to avoid conflicts, and the New York State Municipal Laws under Article 18 due process that requires, the courts and child welfare agencies located in and around Niagara County maintained court cases, misrepresented material facts, and omitted critical information related to known abuse of children in investigation reports of child abuse / maltreatment when Defendant Matthew Pynn was involved.

 

  1. The court related Defendants and the social service Defendants named in this complaint all maintained cases and failed their lawful obligations to disclose their conflicts with Defendant Matthew Pynn and recuse, thus depriving Plaintiff Stacey Pynn of her Fifth Amendment Right to a fair and impartial forum for court and Child Protection investigations.

 

  1. The court related Defendants and the social service Defendants named in this complaint conspired to do this to maintain control of court and investigation narratives and outcomes as a means to protect Defendant Matthew Pynn from public exposure of his child abuse / maltreatment and give him custody of his children whom he victimized, and to conceal the trafficking of children under the guise of child protection.

 

  1. Denial of a Fair Forum in the Courts Located in and Around Niagara County New York and the Conspiracy to Commit and Cover Up Child Sexual Assault and a Host of other Crimes from the Bench.

 

  1. Defendant Joseph Jastrzemski is the Niagara County Clerk.  In addition to overseeing the entire Niagara County Clerk’s Office and filing and maintaining of official government records, the Clerk of the Court is also responsible for the assignment of Judges pursuant to N.Y. Comp. Codes R. & Regs. Tit. 22 §205.3(b).

 

  1. The electronic filing system used in the state of New York, county of Niagara Supremecourt is called “NYSCEF”.  The Niagara County Clerk’s Office and the Defendants Joseph Jastrzemski and Lisa Kessler are charged with filing and maintaining official court records “docketing” in NYSCEF.  Within NYSCEF is the docket referred to herein as “NYSCEF Doc”, (Exhibit A the NYSCEF Doc for the New York State Supreme Court case of Pynn v Pynn e150065/2013).

 

  1. Despite it being a Judge’s obligation above the duty of others to follow the law and ensure due process in their courtroom, the court Defendants in this action in lieu of immediately disclosing their conflicts and affording a swift change of venue expansively violated Plaintiff’s due process for over a decade by shifting the burden onto Plaintiff to prove why each and every single judge and lawyer must recuse or be disqualified.  This is despite the fact that the condition of knowing defendant Matthew Pynn personally and professionally existed from onset of the case.  A delay in justice is denial of justice.

 

  1.     Over a dozen judges have recused or been disqualified for cause in Niagara County Family Court. Soon to be disqualified judge Defendant Kevin M. Carter has consistently denied all of Plaintiff Stacey Pynn’s Motions for a change in venue, and this continues to the present time refusing to right his wrongdoings.

 

  1. Throughout Plaintiff’s courtroom experience litigating against Defendant Matthew Pynn in Niagara County New York, she discovered that court records were massively corrupted, as described herein this Complaint.  This constitutes criminal conduct in violation of 18 U.S.C §§ 1512, 2071, 3002 and New York State Penal Law§§§ 175.25 (tampering with government records), 195.00 (official misconduct), and 215.40 (tampering with evidence).  This is further in violation of Plaintiff’s First, Fifth, Ninth and Fourteenth Amendment Rights on her right of public access to the courts including her right of access to complete and accurate court records, her due process rights of complete and accurate court records with timely access, a fair forum, and her substantial civil and human rights to protect her children and raise them as their parent with meaningful unfettered access, and is in violation of the New York State Constitution.

 

  1. Each judicial defendant has created orders in conflict of interest despite a lawful obligation to recuse.  This is fraud on the court such that the “impartiality of the court has been corrupted so significantly that it cannot perform its tasks without bias or prejudice”.  According to the doctrine of Ex Parte Young, when a state official violates the U.S. Constitution, they have officially shed their jurisdiction and are acting in their personal capacity.

 

  1. On February 4, 2013, one month prior to the filing of divorce, Defendant Matthew Pynn made a $500.00 off cycle campaign donation, (No:  5449 dated February 4, 2013, M&T Bank acct #022000046) to the Niagara County Republican Committee, which later became infamously known in the public sector as Senator George Maziarz’s “personal slush fund” and resulted in Senator George Maziarz’s stepping down from office and his arrest for use of campaign funds for personal expenses. Amidst the flurry of news being reported on George Maziarz’s arrest, commenters from the public referred to the Niagara County Public Defenders, (where Defendant Matthew Pynn was working at the time) as the “Maziarz boys.”

 

  1. Plaintiff found a correspondence in Defendant Matthew Pynn’s email

thepynnacle@yahoo.com dated November 15, 2006, at 5:40:55 AM EST whereas Defendant Matthew Pynn corresponded with attorney Michael Benedict that Maziarz “called me (Defendant Matthew Pynn) personally” and offered to do “anything he could to help” fix his cases.

 

  1. An article was published in the Niagara Reporter with assistance from Carl Paladino on August 20, 2012 “Introducing the “George Maziarz Friends and Family Unemployment Reduction Plan”, https://niagarapostdotcom.wordpress.com/2012/08/20/introducing-the-george-maziarz-friends-and-family-unemployment-reduction-plan. The article went on to describe jobs doled out by Maziarz to all his friends and family.  The infamous names included many Defendants named in this herein Complaint but are not limited to:
  • Beverly Maziarz “wife” secretary to Honorable Richard C. Kloch Sr, Acting Supreme Court Justice, Niagara County, appointed with the help of George Maziarz to whom Kloch publicly gave his thanks.
  • Friend Judge Richard C. Kloch Sr. A Buffalo News article from June 14, 2001 quote by Kloch: “George Maziarz has worked unendingly, tirelessly, to get a Court of Claims judgeship appointment for his district… my family and I will be eternally grateful”. Kloch is also the godfather of a son of Caroline Wojtaszek DA’s son.

 

  1. The first Judge assigned to the case of Pynn v. Pynn in the state of New York Supreme Court, county of Niagara case #e150065/2013 was Defendant Catherine Nugent-Panepinto who is a publicly censured judge who did not recuse upon her own self initiative and whose public officer oath is not filed with the New York State Department of State.  It was not until Plaintiff Stacey Pynn’s then attorney discovered that Defendant Catherine Nugent-Panepinto’s law clerk at the time was a client of Defendant Matthew Pynn’s counsel and asked Defendant Catherine Nugent-Panepinto to disqualify herself.  Catherine Nugent-Panepinto did she do so silently disqualify herself from the case.  This was after Defendant Catherine Nugent-Panepinto created orders, to benefit Defendant Matthew Pynn.  In regard to silent disqualifications, See United States v. Tweel, 550 F. 2d 297, 5th “Silence can only be equated with fraud where there is a legal or moral duty to speak or where an injury left unanswered would be intentionally misleading.”

 

  1. Given the $500 off-cycle donation to George Maziarz’s “personal slush fund” and given the names from the 2012 article assisted by Carl Paladino, it is then no surprise that the next judge assigned to the matter of Pynn v Pynn in the New York State Supreme Court, County of Niagara County case e150065/2013 was none other than Richard Kloch, Sr., whom George Maziarz’s wife Beverly Maziarz was the secretary to, and who publicly stated in the Buffalo News on June 14, 2001 he is eternally grateful to George Maziarz for helping him secure his judicial position.

 

  1. Defendant Richard Kloch created several orders in Pynn v Pynn before he silently disqualified himself as detailed herein:

 

  1. Defendant Richard Kloch sua sponte assigned Defendant Charles P. Ben as attorney for the children.

 

  1. Despite a Judge’s duty to ensure due process in his courtroom, Defendant Richard Kloch, failed to appropriately explore the circumstances of an apparent conflict as Defendant Charles P. Ben previously hired the Defendant Matthew Pynn to work for him for over a decade prior to his appointment to represent the Pynn’s children.  They also share clients in common.

 

  1. Defendant Charles P. Ben also failed his requirement to disclose to Defendant Richard Kloch the full extent of his conflict to represent the children of Matthew and Stacey Pynn.

 

  1. Richard Kloch relied upon Defendant Charles P. Ben’s testimony in court on of “I don’t believe there’s a conflict”.

 

  1. This relationship between Defendant Matthew Pynn and Defendant Charles P. Ben is especially concerning when as a matter of record on August 24, 2017, Charles P. Ben admitted that the Plaintiff’s children disclosed sexual abuse by their father to him, yet Charles P. Ben substituted judgment and conspired to commit child sexual abuse by arguing custody to the children’s sexually and physically abusive and woefully neglectful father in violation of his client’s substantial human rights.

 

  1. Despite Plaintiff’s children complaining Charles P. Ben was lying about their wishes, it was not until after ten (10) years of apparent attorney misconduct that March 7, 2023, Charles P. Ben finally admitted in court that his clients “indicated they would no longer want me as their counsel.”

 

  1. On September 20, 2013, the children’s pediatrician testified that he reported to Child Protective Services that Defendant Matthew Pynn neglected and sexually abused the Plaintiff’s children.  Despite this alarming testimony, with reckless disregard of child welfare and safety, Defendant Richard Kloch recklessly and inhumanely awarded equal and unsupervised access to Defendant Matthew Pynn.

 

  1. Defendant Richard Kloch ordered a forensic custodial evaluation and sua sponte

appointed, “cherry picked”, the very controversial Defendant David Nathanson to conduct the report.

 

  1. The court order read that David Nathanson was only to evaluate the role alcohol played in the marriage.  Despite this very narrow circumscribed order, David Nathanson conspired to conceal the child sexual abuse of Defendant Matthew Pynn.

 

  1. Defendant David Nathanson took it upon his own self-direction, acting outside his court order, to obstruct justice and called Defendant Niagara CPS and the New York State Police “requesting” they do not talk to the Plaintiff’s children about their sexual abuse allegations.

 

  1. Defendant David Nathanson took this action despite the very alarming personality disorders elicited by Defendant David Nathanson’s own testing that Defendant Matthew Pynn has a hysteropsychopathic deviate personality disorder (34/43 Minnesota Multiphasic Personality Inventory “MMPI” pattern and problems detected in the Parenting Stress Index “PSI”) with severe implications as a parent.

 

  1. David Nathanson obstructed these very pertinent MMPI 34/43 parenting implications from his report to further conceal the dysfunction of Matthew Pynn as a parent.  This medical misconduct and is a crime of obstruction of justice and witness tampering, as well as a crime of aiding and abetting child sexual abuse 18 U.S.C. §§§ 2, 3,4, 241, 242,1512, and 2071.  It is also a crime in New York State Penal Law §§§ 260.10 (child endangerment) and 195.00 (official misconduct), and 120.25 (reckless indifference to life).

 

  1. Since these heinous crimes of David Nathanson, his reports from the years 2013 and 2015 have been completely discredited by updated reports from other psychiatrists and psychologists.

 

  1. The disreputable Defendant Ronald Wilson, a New York State Trooper Investigator after being contacted by Defendant David Nathanson, failed his lawful obligation to properly investigate Defendant Matthew Pynn despite the evidence before him that indeed Defendant Matthw Pynn did sexually abuse and strangulate the Plaintiff’s child(ren) and failed to protect the Plaintiff’s children from harm thereby causing Plaintiff emotional harm and loss of time and enjoyment with her children.

 

  1. Defendant John Spero assisted the conspiracy among the codefendants when he created an unsworn letter on police letterhead dated March 28, 2019 containing knowing and willful false statements that he did an investigation and there was no indication “that Mr. Pynn ever acted in a manner that would be considered harmful to the welfare of his child.”

 

  1. Defendant Stanley Edwards III as a New York State Police Officer in the Internal Affairs Bureau was made aware of the evidence of violent child abuse perpetrated by the Defendant Matthew Pynn and made aware of the conduct of Ronald Wilson and John Spero yet failed to right any wrongdoings.

 

  1. Defendant Richard Kloch told Plaintiff Stacey Pynn’s then counsel that he knew Defendant “Matthew Pynn personally” and prejudged the matter stating, “and I don’t think he did the things as alleged.”

 

  1. Influenced by his preconceived bias in favor of Defendant Matthew Pynn, Defendant Richard Kloch ordered Plaintiff Stacey Pynn to pay $25,000.00 of the perpetrator Defendant Matthew Pynn’s attorney fees, even though Defendant Matthew Pynn is an attorney himself and his counsel only ever requested less than $1000 from him at the time, thereby exaggerating the unequal footing, a due process violation, of the litigants even more in favor of Matthew Pynn.

 

  1. Following a Motion for his disqualification filed February 22, 2017, Defendant Richard Kloch silently disqualified himself, therefore conceding to the alleged judicial fraud on the court.

 

  1. Unfortunately, the attorney affidavit and exhibits in support of this motion still appear to be obstructed from the official court record.  (See Exhibit A NYSCEF Doc #90.)

 

  1. As such, any and all orders created by Richard Kloch are a result of judicial fraud on the court.

 

  1. Defendant Sara Sheldon was the subsequent judge assigned to the matter of Pynn v

Pynn in the state of New York Supreme Court, County of Niagara case# e150065/2013.

 

  1. Defendant Sara Sheldon fraudulently ordered Plaintiff Stacey Pynn’s house to be listed for sale even though there was no judgment of divorce permitting equitable distribution of marital property.  See Khan v Khan (43 N.Y. 2d 203), which held that “unless a court alters the legal relationship of a husband and wife by granting a divorce… It has no authority to order the sale of the marital home owned by the parties as tenants by the entirety.”

 

  1. After Defendant Sara Sheldon ordered the sale of the marital property absent a judgment of divorce, it was discovered that her law clerk, Michael Benedict was a former Niagara County Public Defender and co-worker with Defendant Matthew Pynn.  It was further discovered that they were texting each other divorce and custody particulars regarding the Pynn v Pynn

 

  1. On December 14, 2017, Plaintiff Stacey Pynn’s then counsel filed a motion seeking Sara Sheldon’s disqualification and she did so silently disqualify herself, therefore conceding to the alleged judicial fraud on the court and therefore her conduct was acting outside her judicial capacity.

 

  1. The Supporting Affidavits and Exhibits of the Sheldon disqualification motion were obstructed from the official court record until February 8, 2023, which is six (6) years later (NYSCEF Doc #413), and after Plaintiff Stacey Pynn perfected appeals on the matter.

 

  1. This obstructed document was material to her requests in the appellate courts for custody and a change of venue, and thus Plaintiff Stacey Pynn was denied due process in her appeals before the New York State Supreme Court Appellate Division Fourth Department cases CA 22-00200, and CA 21-00160.  See York Daily Record, et al. v Byrnes (1:22-cv-00361-SHR) U.S. District Court for the Middle District of Pennsylvania that determined a First Amendment right of public access to the courts includes a right of timely access to complete and accurate court records.

 

  1. As such, all orders resulting from Defendant Sara Sheldon are a result of judicial fraud on the court.

 

  1. Upon the disqualification of Sara Sheldon, the next judge assigned in the New York

State Supreme Court, County of Niagara was Defendant Daniel J. Furlong.

 

  1. Defendant Daniel J. Furlong created several court orders before he silently disqualified himself from Pynn v Pynn.  Plaintiff suffered severe injury and emotional harm while Defendant Daniel J. Furlong, presided on her case.

 

  1. Defendant Daniel J. Furlong carried out Defendant Sara Sheldon’s unlawful order and directed Plaintiff Stacey Pynn to give Defendant Matthew Pynn $65,000 to buy “his share” of the marital residence prior to their divorce and prior to equitable distribution.

 

  1. This was an unlawful ruling outside Daniel J Furlong’s judicial jurisdiction as set forth by the ruling in Khan and is and was a theft of assets from Plaintiff Stacey Pynn intended to financially batter her and pay for the Defendant’s kidnapping and trafficking of her children to their perpetrator of violent child physical and sexual abuse.

 

  1. The $65,000.00 Plaintiff was ordered to give to Matthew Pynn for “his” portion of the homestead even though he didn’t pay any mortgage, taxes or upkeep on the house for five years and is in addition to the $25,000.00 Richard Kloch ordered Plaintiff to pay Defendant Matthew Pynn for attorney fees even though Defendant is an attorney himself and he never paid more than $1000.00 in attorney fees for his divorce at that time.  This created an even greater unequal footing, fifth Amendment due process violation, in favor of the Defendant Matthew Pynn and funded the conspiracy to kidnap and traffic Plaintiff’s children from her under the guise of the justice system.

 

  1. On June 7, 2018, Plaintiff’s counsel filed a Motion to Disqualify Defendant Charles P. Ben as Attorney for Children citing his failure to fully disclose the nature of his relationship with Defendant Matthew Pynn and failure to obtain a signed waiver in writing for conflict-of-interest, and failure to properly communicate with his clients.  Daniel J. Furlong furnished a ruling on papers, but then obstructed the filed papers from the official court record.  This Motion to Disqualify Defendant Charles P. Ben was obstructed from the official court record until February 8, 2023, which is nearly five (5) years later (see NYSCEF Doc #415).  This document was material in Plaintiff Stacey Pynn’s appeals in the New York State Supreme Court Appellate Division Fourth Department cases CA 21-00160 and CA 22-00200.

 

  1. Defendant Daniel J. Furlong ignored / obstructed all of the children’s protected hearsay statements of abuse from trial and willfully, knowingly and deliberately ignored any and all other evidence of child abuse during trial in the State of New York Supreme Court County of Niagara Pynn v Pynn

 

  1. Plaintiff Stacey Pynn filed a Motion to admit the children’s statements of abuse into evidence on February 18, 2020, however the Notice of Motion was obstructed from the official court record until February 8, 2023, which is three (3) years later, (NYSCEF Docs #147 and 421.)  This document was a material document for Plaintiff Stacey Pynn’s appeals in the New York State Supreme Court Appellate Division Fourth Department case CA 22-00200 and CA 21-00160.

 

  1. At one time, on January 29, 2021, while Plaintiff Stacey Pynn was appearing in court

to protect her children from the abuse / maltreatment of Defendant Matthew Pynn, Defendant Daniel J. Furlong, told her to “Shut your mouth!”.  When Plaintiff replied, “that is Unconstitutional… I have important things to state to the record”, Defendant Daniel J. Furlong, abused his powers of contempt and fined Plaintiff Stacey Pynn $1000.00.

 

  1. Plaintiff Stacey Pynn appealed this order in the New York State Supreme Court Appellate Division Fourth Department case # CA 21-00356 and Defendant Daniel J. Furlong’s order was unanimously vacated, citing this was a violation of due process, see P. v M.P. 2022 NY Slip Op. 6377 Decided November 10, 2022.

 

  1. Another instance of Defendant Daniel J. Furlong’s reign of treasonous terror,

that also occurred on January 29, 2021, when he told the parties in court that he called the children’s counselors (ex parte) without permission and told them to ignore any medical evidence of past or ongoing sexual abuse against the Defendant Matthew Pynn.

 

  1. Defendant Daniel J. Furlong further threatened witness Plaintiff Stacey Pynn that if she disclosed any more concerns of abuse by the Defendant Matthew Pynn to counselors, he (Defendant Daniel J. Furlong), would throw Plaintiff Stacey Pynn in jail.  Plaintiff Stacey Pynn contends that this was evidence / witness tampering, case-fixing activity and aiding and abetting in felony child abuse, 18 U.S.C §§§ 2, 3, 241, 242, 1512, 2071 and in violation New York State Penal Laws §§§ 260.10 (child endangerment), 120.25 (reckless indifference to life) and 215.40 (tampering with evidence) intended to affect adjudication.

 

  1. On February 26, 2020, during trial Defendant Daniel J. Furlong, JSC excused away

Defendant Matthew Pynn’s repeated strangulation, choking, squishing, and pushing Plaintiff’s child against a wall, “that’s in 2015 this is 2020.  Anything else?”.

 

  1. Daniel J. Furlong left the children victims in the custody of the perpetrator Defendant Matthew Pynn ordering Plaintiff to pay $2600/mo. in child support plus additional expenses despite this knowledge and evidence offered at trial.

 

  1. To date, all evidence documents admitted during this trial is still obstructed from the official court records and Plaintiff Stacey Pynn witnessed Defendant Matthew Pynn’s counsel Michele Bergevin leave the courtroom with it in violation of New York Penal Laws §215.40 (evidence tampering).  When Plaintiff Stacey Pynn reported this to Defendants Daniel J. Furlong, and Kevin M. Carter the purported New York State Eighth District Administrative Judge, nothing was done, (NYSCEF Doc #152 Clerk’s minutes w Exhibit List.)

 

  1. On June 19, 2019 Daniel J. Furlong ordered Plaintiff Stacey Pynn under threat of contempt to sign an Affidavit in Lieu of Testimony to her divorce that she did not agree with.  A judge lacks authority to force anyone to sign an affidavit she does not agree with. Defendant Daniel J. Furlong also denied Plaintiff Stacey Pynn an evidentiary hearing on the Custody and Access Agreement that was incorporated with the Judgment of Divorce despite her application to the court to Vacate the Custody Agreement based on fraud filed on June 13, 2019.

 

  1. Defendant Daniel J. Furlong also denied Plaintiff Stacey Pynn an evidentiary hearing on the Custody and Access Agreement that was incorporated with the Judgment of Divorce despite her application to the court to Vacate the Custody Agreement based on fraud filed on June 13, 2019.

 

  1.  Unfortunately, this Motion to Vacate the Custody Agreement based on fraud was obstructed from the official court record until February 8, 2023, which is nearly four (4) years after its filing.  This was a material document obstructed from Plaintiff Stacey Pynn’s court record (certified as a complete and accurate record by Defendant Niagara County Clerk’s Office) for Appeals in the New York State Supreme Court Appellate Division Fourth Department case # CA 21-00160 and CA 22-00200, (NYSCEF Docs #117, 420 and 421.)
  2.   On September 2, 2020, Daniel J. Furlong intentionally created false orders for child access with an incorrect index number (155065 instead of 150065) and did not ender said orders into Pynn v Pynn e 150065/2013.  Upon Plaintiff’s request for Daniel J. Furlong to correct and fil these orders, he refused thereby blocking Plaintiff Stacey Pynn’s access to the Appellate Court to an appeal.  Said false orders that were never filed or properly served conferred Defendant Daniel J. Furong’s judicial authority to subject children to agree and arrange access with Plaintiff Stacey Pynn when they want to see her.  The courts have

held absent a certain access order, this is a denial of access to the children and the means in which Defendant Daniel J. Furlong sex trafficked the parties’ children to the alleged violent physical and sexual perpetrator Defendant Matthew Pynn and away from their safe parent Plaintiff Stacey Pynn, (see Merkle v Henry, 133 A.D. 3d 1266, 20 N.Y.S. 774, 15 N.Y. Slip Op. 8317 (N.Y. App. Div. 2015)).

 

  1. On September 22, 2020, Plaintiff filed a Motion to Reconsider Custody and Access.  A hearing was held on this application, however, this document too was obstructed from the official court record until July 12, 2022 (Exhibit A NYSCEF Doc #’s 333-346), nearly two years after it was filed despite Plaintiff Stacey Pynn’s Motion to the Appellate Court for Daniel J. Furlong to Produce this document on December 16, 2021.  This document was material for Plaintiff Stacey Pynn’s Appeals takin in the New York State Appellate Division Fourth Department case CA 21-00160 and CA 22-00200.

 

 

  1. As such, Plaintiff appeared in person to the Defendant Niagara County Clerk’s

Office on or around December 15, 2021, and asked Defendant Lisa Kessler how she can obtain this document for the appellate record.  Defendant Lisa Kessler told her that she did not have access to the document because Defendant Daniel J. Furlong still had possession of the document and it was his (Defendant Daniel J. Furlong’s) fault it was not returned to the Defendant Niagara County Clerk’s Office.

 

  1. As such, Plaintiff Stacey Pynn filed for the disqualification of Defendant Daniel J. Furlong on or around November 8, 2011.

 

  1. Defendant Daniel J. Furlong, did so silently disqualify himself upon the basis and merits of Plaintiff’s verified statements, thereby conceding to all the criminal activity and judicial fraud alleged.

 

  1. After being reminded he was in violation of New York State Judiciary Law §9, he did file a Reason for Recusal form that stated the reason that Plaintiff Stacey Pynn accused him of bias.

 

  1. As such any and all orders of Defendant Daniel J. Furlong were created out of judicial fraud on the court.

 

  1. Upon the recusal of Defendant Daniel J. Furlong, Hon. Frank Caruso was assigned as a judge. Hon. Frank Caruso filed his reason for recusal pursuant to New York State Judiciary Law §9 stating that “Mr. Pynn is a local attorney who has appeared in our court numerous times creating a level of familiarity.” (See Exhibit A NYSCEF Doc #269).

 

  1.    The recusal statement of Hon. Frank Caruso proves that every single judge in this matter was a conflict of interest, whether they self-disclosed and recused or were disqualified, due to Defendant Matthew Pynn’s familiarity in the courts in Niagara County, not just with the judiciary, but also court officers and staff within the courts.  Furthermore, the condition that all these judges knew Defendant Matthew Pynn personally and professionally was present at onset of the case on May 10, 2013.  It should not have taken over a decade for these judges to admit their conflicts and recuse or disqualify themselves.

 

  1. This decade long disqualification of all these judges was a tremendously unreasonable delay and denial of due process in the divorce custody action of Pynn v Pynn in the state of New York Supreme Court, county of Niagara.

 

  1. After the recusal of Hon. Frank Caruso JSC, Defendant Frank Sedita, III was assigned as judge.

 

  1. Defendant Frank Sedita III created multiple orders despite his obvious bias and disregard for the law.  To date, he refuses to disqualify himself despite several motions filed by the Plaintiff Stacey Pynn, including one heard as recent as May 15, 2024.

 

  1. Plaintiff Stacey Pynn filed a Motion to Vacate all disqualified judges’ orders on December 21, 2021 to the New York State Supreme Court, County of Niagara with Defendant Frank Sedita III presiding, (See Exhibit A NYSCEF Doc #s 258-266), and requested a change of venue to also be reviewed by Defendant Kevin M. Carter purported Eighth Judicial District Administrative Judge.  These requests went ignored by Kevin M. Carter.

 

  1. In response to this motion, Defendant Frank Sedita III, held a “conference” on the record, which was really not a conference.  It was a hearing as it resulted in orders absent due process.

 

 

 

  1. Defendant Frank Sedita III did not allow anyone to speak other than to announce our appearances despite judicial ethics and the Fifth Amendment Due Process rights to be heard in court.

 

  1. Defendant Frank Sedita III, then maliciously ordered without a hearing, which is a requirement before disenfranchising the Constitutional right of access to the courts, that Plaintiff Stacey Pynn is precluded from filing any applications in the court without prior approval or an attorney.

 

  1. In this “conference”, Defendant Frank Sedita III further violated Plaintiff’s right to be heard in court on the December 3, 2021, and denied a hearing on Plaintiff’s Motion to Vacate recused judges’ orders.  When Plaintiff Stacey Pynn attempted to defend herself during this conference on Teams, Defendant Frank Sedita III, hung up on her and ended the “conference” in violation of due process.

 

  1. Plaintiff Stacey Pynn immediately appealed this order dated January 5, 2022, to the New York State Appellate Division Fourth Department case CA 22-00200.  Plaintiff Stacey Pynn was retaliated upon in the decision and order of the New York State Appellate Division Fourth Department in their decision and order stating that she was being punished for serving “strangers” in her appeal.  These “strangers” are Legislators and other government oversight officials. The New York State Appellate Court Fourth Department upheld the lower court’s disenfranchisement of Plaintiff’s Constitutional right of public access to the courts absent due process.  This is an unconstitutional state ruling as a constitutional right cannot be disenfranchised absent due process, and this ruling is a First Amendment retaliation for seeking redress from Legislators and other government officials.

 

  1. On May 5, 2022, Defendant Frank Sedita III, signed a judgment in favor of Defendant

Charles P. Ben, attorney for Plaintiff’s children, in the amount of $17,766.86, (See   NYSCEF Doc# 318) absent any due process from the Motion of Charles Ben filed April 13, 2022 and having no return date and never afforded a hearing (Defendant Charles P Ben falsely stated in his proposed judgment the motion was heard before Defendant Daniel Furlong, which was not possible since Defendant Daniel Furlong, was disqualified six months prior to the Notice of Motion), (See NYSCEF Doc# 304).  Despite being an attorney and knowing better, Defendant Charles P. Ben continues to try to enforce this fraudulently obtained judgement in violation of due process that he knows or should know to be fraudulent.

 

  1. On July 6, 2022, Plaintiff Stacey Pynn requested permission to file an Emergency

OSC in court before Defendant Frank Sedita III, due to concerns of child neglect and since on March 31, 2022, the parties’ daughter revived her past sexual abuse disclosures in a conversation with her mother overheard by a non-party witness.

 

  1.   By letter from the court on July 7, 2022, Defendant Frank Sedita III refused to entertain the OSC, willfully, deliberately and in reckless disregard, leaving the Plaintiff’s children in harm’s way and in the custody of their perpetrator of severe, violent child abuse / maltreatment.  Defendant Frank Sedita III then deleted the witness affidavit describing the Plaintiff’s daughters disclosures of her sexual abuse as a younger child.

 

 

  1. On September 18, 2022, Plaintiff Stacey Pynn received a letter from Erie County

Child Protective Services dated September 6, 2022, that Defendant Matthew Pynn was substantiated for child abuse / maltreatment.

 

  1. Again, on September 18, 2022, Plaintiff Stacey Pynn asked Defendant Frank Sedita III, to allow her access to the courts and entertain her July 6, 2022, Emergency OSC.  Defendant Frank Sedita III, scheduled a conference, but then kept permitting opposition to adjourn and delay adjudication on the multiple substantiated findings of child abuse / maltreatment perpetrated by Defendant Matthew Pynn.

 

  1. Given the substantiated child abuse / maltreatment findings, and Defendant Frank Sedita III’s delays granting of several adjournments, Plaintiff Stacey Pynn went to the New York State Family Court, County of Niagara to file a Petition for an Emergency New York State Family Court Act Article 8 Temporary Order of Protection for her and her children on September 23, 2022.

 

  1. All New York State Family Court Judges in the County of Niagara recused, (Hon.

Restaino JFC, Hon. Delabio JFC and Defendant Kathleen Wojtaszek-Gariano), citing familiarity with Defendant Matthew Pynn.

 

  1. Defendant Keith Kibler, the New York State Family Court Superior Judge,

was assigned as a visiting judge from Wyoming County.  He declined to sign the emergent temporary order of protection, even despite Plaintiff Stacey Pynn’s Motion to Reconsider that included evidence that the kids were sexually and physically abused as well as the evidence that a neighboring county substantiated Defendant Matthew Pynn several times for child abuse / maltreatment, thus denying Plaintiff Stacey Pynn equal protection under the law.

 

  1. On October 4, 2022, a conference was held in front of Defendant Frank Sedita III.  Frank Sedita III, JSC yelled at Plaintiff Stacey Pynn much of the time for her social media content, (in retaliation of her First Amendment right to post on social media), that is opposed to adjudication from the bench in favor of sex offenders over the welfare of children in our community.  It is difficult to understand why a judge would be upset over people complaining about adjudication that is too soft on child perpetrators in our community.

 

  1. Defendant Frank Sedita III, ultimately agreed that the issue of the indicated child abuse findings against Defendant Matthew Pynn should be litigated in the New York State Family Court County of Niagara where the Family Offense Petition was already pending.

 

  1. On October 21, 2022, Defendant Matthew Pynn’s counsel Michele Bergevin filed a

Motion to Dismiss Plaintiff Stacey Pynn’s application for a Temporary Order of Protection to the New York State Family Court, County of Niagara (Defendant Keith Kibler).

 

  1. On November 10, 2022, Plaintiff Stacey Pynn filed a Motion for Keith Kibler to disqualify himself for failure to afford due process upon his refusal to hold a hearing on Plaintiff Stacey Pynn’s application for attorney fees from the perpetrator Defendant Matthew Pynn, and by failing to disqualify Defendant Charles P. Ben as Attorney for Children, who previously filed a motion in another case of same parties that he cannot provide effective assistance to his clients.  On November 22, 2022, Defendant Keith Kibler refused to disqualify himself despite his obvious obligations to do so.

 

  1. On November 10, 2022, Plaintiff Stacey Pynn filed a Motion for Frank Sedita III to be

disqualified and for a change in venue.  Defendant Frank Sedita III, JSC refused to entertain this Motion and instead took it upon himself to delete the Motion seeking his own disqualification from the official court record and all Plaintiff’s associated Notices of Appeal (See Exhibit A NYSCEF Docs 377-379, 380-383).

 

  1. On November 15, 2022, Plaintiff Stacey Pynn filed to the New York State Supreme

Court, County of Niagara (Defendant Frank Sedita III) a Motion to Vacate Frank Sedita IIIs order precluding Plaintiff Stacey Pynn from filing applications to the court.  Plaintiff Stacey Pynn contended among other things that the change of circumstances since her order of contempt was vacated by an appeal, see S.P. v M.P. 2022 NY Slip Op. 6377 Decided November 10, 2022, and since the Defendant Matthew Pynn was now substantiated several times for child abuse / maltreatment, this exonerated her from a maliciously, defamatory wrongly applied label of “meritless / frivolous” litigant.

 

  1. Instead of holding a hearing on the motion, Defendant Frank Sedita III deleted the

application from the official court record and refused to right his wrongs, (See NYSCEF Docs 384-385) and knowingly and willfully continued to obstruct Plaintiff Stacey Pynn’s access to court under his manufactured false pretenses as a means of obstructing justice, “case-fixing.”

 

  1. In another attempt to obtain a fair forum, Plaintiff Stacey Pynn filed once again for an Emergency Temporary Order of Protection for her and her children against Defendant Matthew Pynn in a neighboring venue, with the State of New York Family Court, County of Erie (judge Mary Carney).  On or around March 7, 2023, the application was before judge Mary Carney who immediately dismissed the petition and remanded the case back to the conflict-of-interest county of Niagara.   Plaintiff Stacey Pynn’s Motions to Reconsider and prevent the transfer back to Niagara County courts are obstructed from both the Erie County and Niagara County court records to the present time.

 

  1. Despite Plaintiff Stacey Pynn’s refusal to consent to appearing in The State of New York Family Court, County of Niagara Defendant Keith Kibler proceeded with court anyway over Plaintiff Stacey Pynn’s objections and request for assigned counsel.  Without a hearing, Defendant Keith Kibler, denied Plaintiff Stacey Pynn’s requests to have an attorney present, and created shocking defamatory orders that Plaintiff Stacey Pynn is not allowed to file in any New York State Family Court within the entire 8th Judicial District despite his obvious lack of jurisdiction to create such an order.

 

  1. Defendant Keith Kibler disparaged Plaintiff Stacey Pynn by disseminating this order to every single-family law clerk within the New York State 8th Judicial District.
  2. Denial of Due Process by Massive Corruption of Official Court Records

Obstruction of Justice, Tampering with Official Government Records and Tampering with Evidence

 

  1. One of the means the Defendants used to sexually traffic Plaintiff’s children to the

perpetrator Defendant Matthew Pynn was to massively corrupt the government official court records in the case of Pynn v Pynn e150065/2013 by obstructing material documents that were contrary to the intended goal of the conspiracy thereby obstructing justice or “case-fixing” as described throughout this complaint, see Potts v Brown US District Court for the Northern District of Illinois, Eastern Division Aug 26, 2002 U.S. Dist. LEXIS 15911: “Due process requires that the handling of important court records be free from arbitrary interference and unreasonable delay.” Delays of justice, in this case over a decade whereas Plaintiff was made to disqualify each judge over their obligation at onset to disclose conflicts and recuse, is a denial of justice.

 

  1.  On or around November 19, 2022, Plaintiff Stacey Pynn emailed the New York

State Supreme Court Eighth Judicial District Administrative Judge Defendant Kevin M. Carter, “URGENT!! Criminal Tampering Official Court Record e150065/2013 Niagara Co Supreme Pynn v Pynn”.

 

  1.  Without explanation from Defendant Kevin M. Carter, Documents filed as

old as ten (10) years ago were suddenly added to the official court record for the first time as of December 6, 2022, through and including February 8, 2023, (See Exhibit A NYSCEF Docs 394-397, 400-403, 405-421).

 

  1. On December 6, 2022, at 4:34pm, Plaintiff Stacey Pynn sent an email to Defendant/s

Lisa Kellser, Kevin M. Carter, and Defendant Lawrence Marks’s law clerk Janet Fink that some documents were added to the official court record, but there were still more obstructed documents from the official court record of Pynn v Pynn Niagara County Supreme Court e150065/2013.

 

  1.  On December 8, 2022, at 7:19 am, Plaintiff Stacey Pynn notified Defendant Kevin M.

Carter among others that Defendant Frank Sedita III omitted a material witness affidavit, (NYSCEF Doc #329) that detailed an event on March 31, 2022, when Plaintiff’s daughter recalled being sexually abused by her father as a child in a conversation overheard by the witness.

 

  1. On December 13, 2022, at 10:01pm Plaintiff Stacey Pynn notified various New York

State court officials including Defendant Kevin M. Carter that documents admitted into evidence were still missing from the official court record to include the Pediatrician medical records admitted on September 20, 2013, (at a time the Pediatrician testified in court that he believed the children were sexually abused and mistreated by Defendant Matthew Pynn); and all documents admitted into evidence during trial in the year 2020-2021, (see NYSCEF Doc. #152 the list of exhibits which are missing), and that copies of Judicial subpoenas were also missing.

 

  1. On January 2, 2023, Plaintiff Stacey Pynn emailed Defendant Kevin M. Carter,

dcaj-alb@nycourts.gov, dcaj-oji@nycourts.gov and others requesting a status update on the evidence documents that are still missing and the status on her request for a change in venue since Defendant Frank Sedita III, was clearly ignoring evidence of severe child abuse / maltreatment and has been discourteous and intemperate with Plaintiff Stacey Pynn, a Domestic Violence victim.

 

  1. Plaintiff Stacey Pynn was told that investigations referred to the email of

dcaj-alb@nycourts.gov goes to the New York State Supreme Court Deputy Administrative Judge Defendant Norman St. George.

 

  1. Despite these complaints and despite Plaintiff Stacey Pynn’s notice of claim to the state, the court Defendants in this case refused to right their wrongdoings by affording Plaintiff a change in venue or vacate orders due to judicial fraud on the court from disqualified judges, or vacate orders created from judicial bias, or holding the Defendants accountable for obstruction of justice, case-fixing, tampering with official government records, or tampering with evidence.

 

  1. This massive corruption of Plaintiff’s official court record in the State of New York

Supreme Court, County of Niagara case e150065/2013 described herein is not likely to be accidental mistake or honest error.  Upon information and belief, the defendants conspired through their corrupt conduct to deprive Plaintiff Stacey Pynn, to conceal the conduct of Defendant Matthew Pynn, and conceal the reprehensible hiring practices of our courts and Defendant Niagara County, and Niagara County CPS.  the New York State Unified Court System, and the New York State Office of Court Administration acting in their official capacity as Administrators, are implicated nearly equally in the apparent criminal conspiracy to commit and cover up child sexual abuse, child sex trafficking, and criminal obstruction of justice in Plaintiff Stacey Pynn’s official court record 18 U.S.C §§1512, 2071 and New York State Penal Laws §§§ 175.25 25 (tampering with government records), 195.00 (official misconduct), 215.40 (tampering with evidence), 260.10 (child endangerment) and 120.25 (reckless disregard for human life) and are therefore liable for conspiring to deprive Plaintiff of her God given civil rights and meaningful time with her children upon their failures to ensure a fair forum and a complete and accurate court record.

 

  1. Defendant Kevin M. Carter, Andrew Isenberg, and Dean Puleo Criminally Obstructed Justice and Hindered the Prosecution of Defendant Matthew Pynn for the crimes of Repeated Child Strangulation and Child Endangerment

 

  1. Due to local law enforcement and the District Attorney’s refusal to commence a criminal action against Defendant Matthew Pynn, Plaintiff commenced her own civilian criminal complaints and Matthew Pynn on or around January 19, 2023, (see People v Clymer 2010 N.Y. Slip Op20239 [28 Misc 3d 856] that permits citizens to commence misdemeanor criminal complaints) and filed the complaints with the Lockport City Court.

 

  1. The criminal complaint was forwarded to Defendant Kevin M. Carter in his administrative capacity for the Eighth Judicial District. Despite his awareness of Plaintiff’s right to commence this complaint, Defendant Kevin M. Carter and his associates Andrew Isenberg and Dean Puleo directly, willfully and knowingly shielded the complaint from proceeding thereby conspiring with others to commit and coverup strangulation and other forms of child endangerment perpetrated by Defendant Matthew Pynn.

 

 

  1. To the Extent that Defendants Niagara County, Niagara CPS, Bianca Gatto, Nicholas D’Angelo, Claude Joerg, David Haylett, Rhonda Platt and “Jane Doe” are Complicit in Criminally Conspiring to Commit and Cover up the Sexual and Physical Abuse and Maltreat Plaintiff Stacey Pynn’s Children and Deny Plaintiff Stacey Pynn and her Children a Fair Forum for Child Welfare Investigations

 

 

  1. Previously, on July 5, 2017, Plaintiff commenced an action in this Honorable Court case 16 CV-548-LJV against Niagara County CPS which was dismissed without prejudice.  Since the time of that action, the Defendants have never taken any meaningful action to correct their wrongdoing and continue to corruptly conspire to commit and cover up the severe child abuse and maltreatment of Defendant Matthew Pynn, a former employee of Niagara CPS and current Niagara County Public Defender.

 

  1. Some incidents of child abuse and maltreatment discovered in that litigation, which

are necessary to review to show the pattern of continued and ongoing conduct, were that

on May 8, 2015, the Plaintiff’s children disclosed that Matthew Pynn choked her daughter in the backpack room because she lied and because she crumbled her homework.

 

  1. Plaintiff’s daughter was repeatedly running away from Defendant Matthew Pynn contemporaneous to her disclosures of repeated strangulation thus is a behavior resulting from fear that corroborates her disclosures of strangulation.  Police were required to find her and return her.  Unfortunately Police and Niagara County CPS always returned her to the custody of her abuser.  Niagara County Child Protection deemed the disclosures of strangulation, stopping breathing and choking, and repeatedly running away “appropriate caregiver… no safety concerns”.  This was even though child strangulation is a criminal felony in violation of New York State Penal Law §120.11 (obstruction of breathing).

 

  1. Plaintiff’s daughter created a written testimonial statement of her father’s sexual abuse of her in November 2014 while at her father’s house.  This statement was provided to Defendant Bianca Gatto, a Niagara County Child Protection caseworker, who failed to report the additional allegation of sexual abuse to the current report and failed to investigate the sexual abuse allegations whatsoever despite her mandated reporter law obligations, see New York State Penal Law §265.25 on mandated reporting.  When Plaintiff Stacey Pynn called Bianca Gatto on February 5, 2015, Bianca Gatto refused to refer the children, as required by law, to a Child Advocacy Center for multiphasic forensic interview.  Safety reports filed to the state by Bianca Gatto at this time falsely stated “No safety concerns”, which are criminal false instruments sent to the state in addition to her criminal failure to report as a mandated reporter the written sexual abuse testimony of Plaintiff’s daughter. This was done in a manner to conspire to commit and cover up child sexual abuse and strangulation by caseworker Defendant Bianca Gatto, her supervisor Carol Henderson and other officials with Niagara CPS.

 

  1. Niagara County CPS had a non-discretionary policy to investigate all claims of sexual

abuse and refer them to the Child Advocacy Center for a timely multidisciplinary forensic interview (“MDI”) contemporaneous to their disclosures of abuse as per their policies and procedures, see Social Services Law §424 and Chapter 6 page L2 top paragraph of the 2023 Child Protective Services Manual.

 

  1. Any forensic evaluation of the children was either never performed to date or performed seven (7) years late, on May 9, 2020, the children’s disclosures of sexual abuse and strangulation.

 

  1.      On May 9, 2020, the perpetrator Matthew Pynn was permitted to escort the subject child to the interview which is contrary to normal practices where alleged perpetrators are not permitted to escort victims to forensic interviews.   This was five years after the children were forced to live in the custody of their perpetrator.

 

 

  1. During trial on February 26, 2020, the disgraced Defendant Nicholas D’Angelo, now

deemed a level three violent sex offender, represented caseworker Bianca Gatto, in his role as a Niagara County DSS Attorney, due to Plaintiff Stacey Pynn’s subpoena of her at trial.  Defendant Nicholas D’Angelo, (now a felony violent level III convicted child sexual perpetrator himself) knew or had to have known Plaintiff’s children were sexually abused and strangulated by Defendant Matthew Pynn upon reading the Motion to Niagara County to subpoena the caseworker, yet Nicholas D’Angelo in his capacity as a Niagara County Child Protection Services attorney did not take any actions to ensure a full and proper investigation of their disclosures thereby conspiring among the other Defendants to commit

 

 

and cover up child sexual assault of Plaintiff’s minor children, rather he aided and abetted their perpetrator father Defendant Matthew Pynn to abuse and maltreat them ever after.

 

  1. For a time after the lawsuit, reports of suspected child abuse / maltreatment were investigated by Erie County Child Protection Services due to the conflict of interest of persons.  The transfer to another venue is the only time Defendant Matthew Pynn was ever indicated by Child Protection for child abuse / maltreatment.  Not only was he indicated for child abuse / maltreatment, but they substantiated four (4) findings against him.  At no time has Niagara County ever indicated / substantiated child abuse or neglect against him.

 

  1. Since at least December 31, 2015 and to the present time, Matthew Pynn has been represented for his Chapter 7 Bankruptcy by Patrick Balkin who is an Assistant Attorney for Defendant Niagara County Child Protective Services.

 

  1. On September 6, 2022, by letter Plaintiff Stacey Pynn was notified that upon the change of venue for investigations of child abuse / maltreatment reports to Erie County that Defendant Matthew Pynn was substantiated multiple times for two findings of inadequate guardianship, lack of medical care and educational neglect.

 

  1. The New York State Child Protection Services Manual policy is that upon a finding

of child abuse / maltreatment, the case is referred back to the district in which the subject resides.  If the neighboring LDSS (in this case Erie County), finds that it is necessary to initiate a court proceeding, the actions based on those findings must be undertaken by the “home” LDSS in its own jurisdiction [FCA §1015] and in this case the home LDSS is Defendant Niagara County where Defendant Matthew Pynn is a former Child Protection Attorney and current Public Defender.

 

  1. This policy, page E-2 Chapter 4 Section E affords the conflict-of-interest persons in

the “home” district the ultimate decision-making authority to decide if they want to commence an action such as an article 10 Petition to remove the children from their perpetrator.

 

  1. Niagara County CPS took no action against Niagara County employee Defendant Matthew Pynn to correct the wrongdoing. After the multiple indications of child abuse / maltreatment substantiated by Erie County, despite the admitted conflict of interest,  Niagara County CPS once again began maintaining investigations of reports of abuse naming Defendant Matthew Pynn where he had incriminating evidence ignored, removed, altered and destroyed.

 

  1. On or around late December 2022, a report was made to the statewide Child Abuse Statewide Register reporting a concern of child abuse directly involving Defendant Matthew Pynn.  Defendant Niagara County CPS continued maintaining the investigations thereby aiding and abetting Defendant Matthew Pynn in the cover ups of his sexual abuse and other allegations.

 

  1. Plaintiff refused to consent to Defendant Niagara County CPS maintaining investigations, and duly informed caseworker Defendant Rhonda Platt on January 12, 2023 that this was against the ethical requirements of public officials per 18 U.S.C 602(6) and New York State Municipal Laws under Article 18 and a violation of due process depriving Platintiff Stacey Pynn and her children a fair and impartial investigation.

 

  1. Plaintiff contacted Defendants David Haylett and Claude Joerg regarding the conflict of interest of Defendant Niagara County CPS conducting investigations and maintaining altered records evidence regarding Defendant Matthew Pynn.  Defendant Claude Joerg stated he has “no problem with” maintaining and continuing conflict of interest investigations.  Defendant Joerg refused to transfer the investigations to another county.

 

  1. On January 7th and January 13, 2023, Plaintiff sent detailed emails to Defendants Claude Joerg, David Haylett, Rhonda Platt, and others detailing severe child abuse evidence and a cease and desist to Defendant Niagara County CPS from maintaining investigations on Defendant Matthew Pynn. Nonetheless, Defendant Niagara County CPS maintained the investigations and inexplicably unfounded them.

 

  1. The decision to maintain these investigations despite the conflict of interest of persons and the financial motive to conceal the child abuse / maltreatment of former Niagara County CPS employee Defendant Matthew Pynn and to conceal their reprehensible hiring practices was made by Defendants Niagara County attorney Claude Joerg, Niagara County CPS attorney David Haylett Jr and Commissioner Meghan Lutz. They are aware of the sexual abuse and strangulation facts and evidence combined with multiple other forms of child abuse / maltreatment committed by Defendant Matthew Pynn, yet they refuse and continue to refuse to correct their wrongdoings.

 

  1. All Defendants Conspire Deliberatly and Knowingly and Illegally Harshly Restrict Plaintiff’s Right of Intimate Association with Her Children
  2.   The 14th Amendment of the Constitution affords parents the unfettered right to raise our children, see Meyer v. Nebraska, 262 US 390, 262 US 399 (1923) which held the

rights to conceive and raise one’s child is “essential”, Prince v Massachusetts, 321

US 158, 321 US 166 (1944): “It is cardinal with us that the custody and care and

nurture of the child resides first with parents, whose primary function and freedom

include preparation for obligations that state can neither supply or hinder.”,

Goldberg v Kelly, 397 US 254, 397 US 263 (1970) which held that the right to parent

in the companionship and care, custody and management of his or her children

warrants deference and, absent a powerful countervailing interest, protection, Troxel v Granville, 530 US 57 (2000):  “the liberty interest at issue in this case – the interest of

parents in the care, custody and control of their children – is perhaps the oldest

fundamental liberty interests recognized by this Court.”

 

  1. The New York State Constitution Article 1§11 provides that “[n]o person shall be denied the equal protection of the laws of this state or any subdivision thereof…”  The Court of Appeals elaborated up on Article 1§11 in Bower Assocs. V. Town of Pleasant

     Valley, 2 N.Y. 3d 617, 630 (2004) holding that: “[t]he essence of a violation of the

constitutional guarantee of equal protection is, of court, that all persons similarly situated must be treated alike.”

 

  1. The New York State Courts have held for a noncustodial parent to develop a meaningful nurturing relationship with his or her child, “visitation must be frequent and

regular, (Daghir v Daghir, 82 AD2d at 194, affd 56 NY 2d 938, see Matter of Graves v Smith, 264 AD 2d 844, Matter of Gerald D. v Lucille S., 188 AD2d at 650). “Absent EXTRAORDINARY circumstances, where visitation would be detrimental to the

child’s well-being, a noncustodial parent has a right to reasonable visitation

privileges” (Twersky v Twersky, 103 AD2d at 775-776; see Matter of Brian M. v. Nancy M., 227 AD2d 404; Matter of Schack v. Schack, 98 AD2d 802).”

 

  1. Despite the absence of any showing of imminent danger by a preponderance of the evidence, see Stanley v Illinois, 405 U.S. at 405 U.S. 651, the legal requirement to infringe on parental rights, the Defendants illegally, knowingly and deliberately conspired to

alienate the affection of Plaintiff’s children from her as a means of cruel and inhumane

treatment causing her excruciating emotional distress and continue to this day.

 

  1. Plaintiff was socially and professionally humiliated by the loss of custody of her children and people gossiping “she must have done something wrong”, and the Defendant Matthew Pynn going to the children’s doctor’s appointments and making false defamatory statements to Plaintiff’s professional colleagues that Plaintiff’ has mental illness.  Plaintiff, who was extroverted prior to this crisis, was severed from social interactions as she had to fight for her children for over a decade.

 

  1. Plaintiff had to learn the law and become a certified paralegal which took thousands of hours from her social life.  Plaintiff had to work inhumane hours like a slave to cover attorney costs for herself and money ordered to the perpetrator of her children’s abuse / maltreatment, Defendant Matthew Pynn.

 

  1. Plaintiff has endured excessive attorney fees, court costs, and money ordered to the perpetrator Defendant Matthew Pynn totaling $1 million dollars. She has lost time with her children that cannot be made up.

 

 

 

  1. All Defendants Refuse to Right Their Wrongdoings as a Result, the Children are Failing to Thrive Emotionally, Physically and Educationally in the Custody of the Perpetrator of Child Abuse / Maltreatment Defendant Matthew Pynn

 

 

  1. Despite the plethora of evidence that the children were sexually abused, strangulated,

and harshly neglected, in lieu of protecting the children and Plaintiff, the Defendant/s for over a decade corruptly conspired to commit and cover up the child sexual abuse, strangulation and multiple forms of woeful neglect of the Defendant Matthew Pynn by

knowingly hiring another perpetrator Defendant Nicholas D’Angelo as a

Niagara County CPS attorney with intent knowing he would be willing to conspire in the cover up of Matthew Pynn, denial of a fair forum for court and Child Protection investigations, obstructed documents from official court records to affect

adjudication, financially battered Plaintiff by theft of her assets and money, denied Plaintiff her right of access to the courts, tampered with witnesses including threatening, intimidating, harassing, and directing counselors to ignore past and ongoing medical evidence of sexual abuse by the Defendant Matthew Pynn, willfully ignored evidence and the children’s protected hearsay abuse allegations, harshly restricted Plaintiff’s from any meaningful access to her children and from participating in medical care (despite Stacey Pynn being a current licensed physician assistant and the Defendant being substantiated for medical neglect by another outside CPS agency), failed and continue to fail to properly investigate and arrest Defendant Matthew Pynn and failed to protect Plaintiff and her children from further harm.  In fact, the children are currently captive in the custody of their perpetrator to this day despite the children failing to thrive emotionally, educationally and physically.

 

  1. Just for example, the current state of the children in the perpetrator Defendant Matthew Pynn’s custody, out of the past one hundred forty days of school this 2024 year, one child of the Plaintiff has been absent / tardy seventy-two days and another child absent / sixty eight days, which is affecting their grades.  The parties’ son developed sexualized behaviors as the result of his victimization since the age of six and this was never therapeutically mitigated by Defendant Matthew Pynn, (the impetus of the medical neglect and inadequate guardian substantiated findings against Defendant Matthew Pynn by an outside CPS agency), and now the Plaintiff’s son was arrested for sending sexually explicit images to another child.  Another child is a school dropout and is socially isolated essentially almost never leaving her father’s residence except for transient errands like grocery shopping and her GED classes.

 

  1. Despite another county’s child protection (Erie County on September 18, 2022) substantiating multiple findings of child abuse / maltreatment against Defendant Matthew

 

Pynn, the Defendants Unified Court System and Niagara County Child Protective Services et al., refuse to right their wrong.

 

  1. To this day despite their knowledge that Defendant Matthew Pynn sexually abused

and repeatedly strangulated the children and continued to sleep with Plaintiff’s daughter almost always well into her teen years, and despite their knowledge the children are failing to thrive in Defendant Matthew Pynn’s custody, Niagara County CPS and Niagara County CPS Defendant employees herein named, continue to refuse to right their wrongdoing and the Plaintiff’s children are still in their perpetrator’s custody when Plaintiff has no history of abusing or neglecting children and is a licensed physician assistant in the state of New York with no history of mental illness and is fully capable of providing good care to her children.

 

  1. Despite the Eighth Amendment in the United States Constitution states that cruel and unusual punishments shall not be inflicted, it is reprehensible and dehumanizing, the treatment that Plaintiff Stacey Pynn has endured by both the courts and child welfare in the state of New York, county of Niagara consistent with the hiring practices and court treatment complained of by the public and New York Senate.

 

  1. The safe parent attempting to spare her children from the substantiated child abuse / maltreatment of the perpetrator Defendant Matthew Pynn is enduring harsh deprivations of her civil liberties and financially battered; however, the child abuser Defendant Matthew Pynn, whose children disclosed sexual abuse and strangulation by him and who is substantiated by Erie County CPS for several indications of child abuse / maltreatment walks free with impunity and custody of the parties’ children and is permitted to continue to practice as an attorney for Defendant Niagara County as a Public Defender.

 

  1. Despite Plaintiff’s Constitutional Right to have meaningful access and parent her children, she has been harshly restricted by the state courts absent any showing of imminent danger by a preponderance of evidence.

 

  1. As a result of this reprehensible hiring and dehumanizing treatment, the damages onto Plaintiff Stacey Pynn are severe, (see Stacey Pynn’s oral argument to the New York State Supreme Court Appellate Division Forth Judicial Department on September 11, 2023, starting at 1:42.11 https://www.youtube.com/live/VPMJBPY_t5E?si=aNHgVViPMb_AuhYF.)

FIRST CAUSE OF ACTION AGAINST ALL DEFENDANTS, CORRUPT “CASE-FIXING” CONSPIRACY IN VIOLATION OF 42 U.S.C 1983 TO DEPRIVE PLAINTIFF OF FIFTH and FOURTEENTH AMENDMENT RIGHTS OF DUE PROCESS, AND EQUAL PROTECTIONS UNDER THE LAW

 

  1. Plaintiff repeats and realleges the allegations set forth above as though fully

set forth herein;

 

  1. Defendant Matthew Pynn and Defendants Niagara County and Niagara County

CPS repeatedly and persistently conspired to obstruct justice, “case-fixing”, with the other Defendants named in this cause of action to influence and impede adjudication,  Namely The NYS UCS, The NYS OCA, various New York State Supreme and Family Court Judges, (Kevin Carter, Keith Kibler, Lawrence Marks, Norman St. George, Daniel Furlong, Frank Sedia III and other public officers and staffers in the courts located within and around New York State) conspired to deprive Plaintiff Stacey Pynn of a right to a fair trial and equal protection under the law.  At all times some Defendants impersonated positions as public officers, (thus their positions are vacant and absent the protections of their office pursuant to New York State Public Officer’s Law §30), others presided on cases despite financial and political conflicts of interest in violation of their public oath of office to afford due process, (see New York State Public Officer’s Law §70, thus acting outside of their jurisdiction and such actions are absent the statutory protections of their office), and repeatedly and persistently violated state and criminal laws and massively obstructed documents from official court / government records in violation 18 U.S.C. §§ 1512, 2071, 3002 and New York State Penal Law §§§175.25, 195.00 and 215.40 to influence / impeded adjudication, (see United States v. Caldwell_581 F. Supp.3d1); repeatedly and persistently promulgated deliberate malicious manufactured known to be manufactured false narratives and created false probable cause for the intended purpose theft of millions of dollars of money and assets from Plaintiff Stacey Pynn and silence her to “Shut your mouth!” about the sexual trafficking and physical abuse and neglect of her children perpetrated by crony Defendant Matthew.  This was with the additional intended, deliberate and willful purpose of sparing the Defendants Niagara County, Niagara County CPS, Niagara County DSS, and the Niagara County Public Defender’s Office from accountability and shame for their reprehensible hiring practices for sensitive positions involving vulnerable children, and conceal the inhumane treatment in the state courts, and to fraudulently monetize tremendous sums (multi-millions) of money in False Claims from Title IV Federal Funding to New York State in violation of CAPTA contract requirements for hiring practices.  In furtherance of that conspiracy, Defendants and their co-conspirators.

  1. Acted absent jurisdiction and or impersonated public officers under color of law in New York State.
  2. Refused to order Plaintiff Stacey Pynn’s requests for a change in venue for a fair and impartial forum in a manner to control a false narrative and influence adjudication in violation of Due Process and Equal Protection rights under color of law;
  3. Maintained cases, and failed obligations to recuse / disqualify despite a clear fiduciary conflict of interest and also having familiarity with Defendant Matthew Pynn, (who is an attorney who practices frequently in the courts around Erie and Niagara County and worked formerly for Defendant Niagara County CPS and is currently and attorney for Defendant Niagara County as a Public Defender) in a manner to control a false narrative and influence adjudication in violation of Due Process and Equal Protection rights under color of law;
  4. Pervasively obstructed / tampered with numerous material documents (approximately fifty (50) or more) from the official government court records of Pynn v Pynn in the State of New York Supreme Court, County of Niagara case e150065/2013 and in the case in the State of New York Family Court file 80114 in a manner to impede / influence adjudication in violation of 18 U.S.C. §§1512, 2071, 3002 and Plaintiff’s 5th Amendment Right of Due Process to have a complete and accurate record, (see United States v. Caldwell_581 F. Supp.3d1);
  5. Financially battered and financially exploited Plaintiff for millions of dollars intended to impede / impair her ability to defend herself and denied her applications for attorney fees which created an unequal footing in state litigation matters against her ex-spouse Defendant Matthew Pynn who is an attorney himself and well known in the courts and has had nearly free attorney services throughout. This is in violation of 5th Amendment rights of due process by creating a disadvantaged party / unequal footing among the litigants;
  6. Hindered Plaintiff’s time barred active Criminal Complaints against Defendant Matthew Pynn, (a perpetrator of multiple substantiated child abuse / maltreatment findings), in violation of 18 U.S.C. §§ 1512, 2071, 3002, New York State Penal Law §205.65 but conspired to falsely arrest, assault, batter and illegally detain Plaintiff Stacey Pynn in violation of Plaintiff Stacey Pynn’s substantial civil liberties and in violation of New York State Penal Law §§§ 120.11, 135.10 and 190.26 and in a manner to influence / impede adjudication ;
  7. Obstructed justice, “case-fixed”, “precluded” by judicial order absent jurisdiction, Plaintiff’s Right of Access to the Courts and equal protections under color of law throughout the entire 8th Judicial District in the State of New York in a manner to influence / impede adjudication and in Violation of Plaintiff Stacey Pynn’s 1st Amendment Rights and 18 U.S.C.§ 3002;
  8. Denied full and fair evidentiary hearings on Plaintiff’s applications in violation of Plaintiff’s First, Fifth and Fourteenth Amendment Rights in a manner to influence / impede adjudication;
  9. Were discourteous to Plaintiff Stacey Pynn in state courtroom proceedings and told Plaintiff Stacey Pynn to “Shut Your Mouth!” and threw her out of the court room during court proceedings while attempting to defend herself on the record from the false narratives the courts were attempting to create, while she was appearing to protect her children from perpetrator Defendant Matthew Pynn’s multiple substantiated findings of child abuse / maltreatment (and are still being ignored to this day), which was found by the New York State Appellate Division Fourth Department to be in violation of Due Process, see S.P. v M.P. 2022 NY Slip Op. 6377 Decided November 10, 2022;
  10. Abused Judicial powers of contempt and abused Peace Officers powers of arrest in violation of their required Constitutional oaths in a manner to retaliate against Plaintiff Stacey Pynn and influence / impede adjudication;
  11. Tampered with witnesses including substantial procedural irregularities, (such as Defendant Daniel Furlong, making ex-parte calls to children’s counselors directing them to ignore medical evidence of sexual abuse, and threatening Plaintiff Stacey Pynn with jail if she reported concerns of child abuse or brought medical evidence of abuse to her children’s counselors), in a manner in violation of 18 U.S.C§§1512 and New York State Penal Laws§§§ 195.00, 175.25, and 215.10(a), intended to influence adjudication “case-fixing” activities;
  12. Obstructed and interfered with government investigations of felony child physical and sexual abuse in violation of 18 U.S.C.§1512 in a manner to influence / impede adjudication;
  13. Improperly closed or failed duty to investigate reports of child abuse;
  14. Held hearings off the record from which no transcripts exist and made ex parte phone calls to witnesses despite Plaintiff Stacey Pynn expressly objecting to do so in violation of due process rights afforded by the 5th Amendment in a manner to influence / impede adjudication;
  15. Ignored, suppressed and obstructed evidence of child abuse committed by Defendant Matthew Pynn from the court records in violation of Fifth and Fourteenth Amendment right of equal protection under color of law and right to an unbiased courtroom in a manner to influence / impede adjudication;
  16. Refused to fairly investigate matters and refused to prosecute in violation of 14th Amendment rights of equal protection under color of law in a manner to influence / impede adjudication;

Causation: As a result of Defendant’s actions, Plaintiff would have had custody of her children for the past 11 years and her children would be spared from severe abuse.

Damages:  Plaintiff Stacey Pynn has endured excessive attorney fees totaling approximately $1 million in fees and court costs and money ordered to the perpetrator Defendant Matthew Pynn and their co-conspirators, deprivation of substantial civil rights, loss of income, loss of time to intimately associate with her children, damage to her professional reputation, emotional pain and suffering for over ten (10) years and seeks damages in an amount to be determined at trial.

 

SECOND CAUSE OF ACTION AGAINST ALL DEFENDANTS:  CONSPIRACY IN VIOLATION OF 42 U.S.C §1983 TO DEFAME PLAINTIFF

 

Plaintiff repeats and realleges the allegations set forth above as though fully set forth

 

herein;

 

  1. All Defendants except for Defendant Matthew Pynn at all times relevant to this

 

action either acted without jurisdiction or impersonated public officers;

 

Defendant Matthew Pynn conspired with Defendants to defame Plaintiff Stacey Pynn by:

 

  1. Defendants shared among themselves and promulgated that Plaintiff is a “meritless” “frivolous” litigator when they knew she was not as evidenced by four substantiated findings of child abuse / maltreatment levied against child perpetrator Defendant Matthew Pynn;
  2. Abusing powers of contempt and falsely labeling her as contumacious in the courts, (which was later vacated upon Appeal in the New York State Appellate Division Fourth Department by unanimous order, see S.P. v M.P. 2022 NY Slip Op. 6377 Decided November 10, 2022);
  3. Abused authority and created orders absent jurisdiction and disseminated them to disparage Plaintiff and obstruct her right to access and equal protection among all Family Courts located within the 8th Judicial District in New York State;
  4. Defendants shared among themselves and promulgated that Plaintiff is a “false alleger” when in fact, Defendants knew or had to have known Plaintiff is not falsely alleging either by his own conduct or the fact that Defendant Matthew Pynn has four substantiated findings of child abuse / maltreatment;

Causation:  As a result of Defendant’s actions, Plaintiff Stacey Pynn has endured people at work and her employment talking about her “she must have done something wrong”

Damages:  Plaintiff Stacey Pynn has endured excessive attorney fees totaling approximately $1 million in fees and court costs, loss of ability to attain a fair trial in any family court within the entire 8th Judicial District of New York, deprivation of substantial civil rights, loss of income, loss of time to intimately associate with her children, damage to her professional reputation, emotional pain and suffering for over ten (10) years and seeks damages in an amount to be determined at trial.

 

THIRD CAUSE OF ACTION AGAINST ALL DEFENDANTS, CONSPIRACY IN VIOLATION OF 42 U.S.C §1983 TO DEPRIVE PLAINTIFF OF HER 1st AMENDMENT PUBLIC RIGHT OF ACCESS TO THE COURTS

 

 

Plaintiff repeats and realleges the allegations set forth above as though fully set forth herein;

All Defendants except for Defendant Matthew Pynn at all times relevant to this action either acted outside of their jurisdiction or impersonated as public officers absent their oath;

  • Defendant Matthew Pynn and Defendant Niagara County corruptly

conspired with the NYS OCA, NYS OCS, Norman St. George in his Personal and purported Administrative capacity as Deputy Chief Administrative Judge, Kevin Carter in his personal and Administrative capacity as Administrative Judge to the 8th Judicial District in New York State, Keith Kibler in his Personal and Administrative Capacity as Superior Judge of the 8th Judicial District Family Court, Daniel Furlong, Frank Sedita III and Charles P. Ben to deprive / harshly restrict Plaintiff Stacey Pynn of her First Amendment Right of Public Access to the Courts by:

  1. Defendants shared among themselves and promulgated the manufactured false pretenses intended to obstruct her right of access to the courts in a manner to influence / impede adjudication;
  2. Abused authority and created orders absent jurisdiction and disseminated them to disparage Plaintiff and obstruct her right to access all Family Courts located within the 8th Judicial District in New York State in a manner to influence / impede adjudication;
  3. Defendants shared among themselves and promulgated false “orders” with an incorrect case index so that they are not filed and cannot be appealed in a manner to influence / impede adjudication;
  4. Defendants massively corrupted the official court record that is neither incidental nor minor for an appeal to be taken in violation of Due Process;
  5. Defendants Refused to vacate orders to correct their wrongdoing restricting Plaintiff Stacey Pynn’s access when there was a change of circumstances exonerating the falsely applied labels held unfairly against her;
  6. Defendants made false statements in court about the children’s wishes in order to dismiss Plaintiff’s applications;

Causation:  Defendants have hindered Plaintiff’s ability to seek modification of the current custody and access order causing additional harm to her and her children who are knowingly severely abused and maltreated.

Damages:  Plaintiff Stacey Pynn has endured excessive attorney fees totaling approximately $1 million in fees and court costs, deprivation of substantial civil rights absent due process, loss of income, loss of time to intimately associate with her children, emotional pain and suffering for over ten (10) years and seeks damages in an amount to be determined at trial.

 

 

FORTH CAUSE OF ACTION IN VIOLATION OF THE FIRST NINTH AND FOURTEENTH AMENDMENTS VIOLATION OF DUE PROCESS RIGHT TO CARE AND CUSTODY OF CHILDREN AND RIGHTS TO INTIMATE ASSOCIATION UNDER 42 U.S.C. §1983

 

Plaintiff repeats and realleges the allegations set forth above as though full

set forth herein All Defendants except for Defendant Matthew Pynn at all times relevant to this action acted under color of state law.

  1. Plaintiff Mother Stacey Pynn has a constitutionally protected liberty interest in the

care, custody, and management of her children, the right to intimate association, and a substantial measure of sanctuary from unjustified interference from the State.  Defendants corruptly conspired to deprive / harshly restrict Plaintiff Stacey Pynn of her Fourteenth Amendment Right of Intimate Association with her children by:

  1. Plaintiff Mother Stacey Pynn has been deprived of said liberty interest without due process of law and was denied a fair and impartial forum;
  2. Tragically returning the runaway child to the custody of her father every time she ran and failed to place her in the custody of the Plaintiff every time.
  3. Manufactured false pretenses to prevent Plaintiff from attaining custody such as claiming she was a “false alleger”;
  4. Omitting, willfully ignoring child abuse of the Defendant Matthew Pynn and recklessly failing to examine the best interests and God given human rights of the children to be safe from child abuse and neglect;
  5. Massively obstructed documents from court records;
  6. Circulated the uncrossed discredited report of controversial David Nathanson and omitting that the report contains adverse data against Defendant Matthew Pynn indicating he has severe personality disorder with adverse parenting implications.
  7. Failing to investigate reports of severe child abuse;
  8. Failing to provide a fair forum for investigations;
  9. Negligently delaying for seven years a multiphasic forensic evaluation for the children’s reports of sexual abuse and strangulation and negligently permitting the perpetrator to drive her to the interview and threatening her safe parent mother witness from participating in the investigation;
  10. Advancing false instruments to the state on the safety reports during CPS investigations saying no safety concerns despite the children’s disclosures of severe sexual abuse and strangulation;
  11. Hindering prosecution against Defendant Matthew Pynn;
  12. Failing to protect, failure to afford a restraining order;
  13. Adjudicating false defamatory labels against Plaintiff calling her meritless and frivolous litigator;
  14. Dismissing corroborating evidence that the children’s abuse disclosures are bona fide such behaviors ignored include but are not limited to: age-inappropriate sexual knowledge at the age of eight, Plaintiff’s son wrote “You naked, me naked we put or winners in or butts, we suc or weners, we do it for secs”, sexualized and violent behavior changes, temper tantrums and runaway behavior nearly exclusive to the perpetrator, school truancy, nightmares, children’s disclosures of sexual abuse to several witnesses including Defendant Charles P. Ben, agoraphobia, the children’s disclosures of sexual abuse and strangulation that corroborate each other, and the father’s several indications for neglect, his own journal that describes himself forcing a child onto her bed and hitting her, and his own journal that states “porn made other sins cloud my thinking”;

Causation:  As a result of the Defendants unconstitutional conduct, Plaintiff Mother Stacey Pynn was deprived of regular, physical custody of her four children, which she is entitled to under the Fourteenth Amendment.

Damages:  As a direct and proximate result of the foregoing, Plaintiff Mother Stacey Pynn was damaged and injured in an amount to be determined at trial.

 

FIFTH CAUSE OF ACTION ABUSE OF PROCESS IN VIOLATION OF NEW YORK STATE LAW RELATED TO JUDICIAL DEFENDANTS

 

Plaintiff repeats and realleges the allegations set forth above as though full

set forth herein All Defendants except for Defendant Matthew Pynn at all times relevant to this action acted under color of state law.

  1. The Judicial Defendants named in this action also abused processes.
    1. Defendant Richard Kloch failed his obligations to recuse at onset of the case in The State of New York Supreme Court, County of Niagara, Pynn v Pynn e150065/2013 and created orders despite his knowing of Defendant personally and professionally and having a predetermined bias on the case.
    2. Defendant Catherine Nugent-Panepinto failed her obligations to recuse in The State of New York Supreme Court, County of Niagara, Pynn v Pynn e150065/2013 when her law clerk is a client of oppositions counsel and ignored emergency applications filed by Plaintiff Stacey Pynn’s counsel to protect her children from the perpetrator Defendant Matthew Pynn. Defendant Catherine Nugent-Panepinto, signed ex parte orders that the perpetrator Defendant Matthew Pynn shall be the only parent to take the children to school despite the fact that perpetrator Defendant Matthew Pynn at the time was incapable of transporting the parties’ daughter to school because whenever he attempted to take her, he emotionally tormented her and she would arrive to school late and emotionally distraught.  Now said child has failed out of school and has no education and the perpetrator Defendant Matthew Pynn is indicated for educational neglect.  Defendant Catherine Nugent-Panepinto did this to give perpetrator Defendant leverage over the safe parent Plaintiff Stacey Pynn in court.  Defendant Hon. Catherine Nugent-Panepinto, has failed to file her public officer oath with the State and is therefore not afforded the statutory protections of her office having done this to Plaintiff Stacey Pynn.
    3. Defendant Sara Sheldon, JSC failed her obligations to recuse in The State of New York Supreme Court, County of Niagara, Pynn v Pynn e150065/2013 when her law clerk is a former coworker of perpetrator Defendant Matthew Pynn. Defendant Sara Sheldon ordered the marital residence be sold or threatened Plaintiff Mother Stacey Pynn she will go to jail.  This was an illegal order by Defendant Sara Sheldon as there was no divorce to permit equitable distribution.  This was to launder money to co-conspirators and financially batter and silence Plaintiff Mother Stacey Pynn.  It was also to give a residential advantage to perpetrator Defendant Matthew Pynn and an attempt to render Plaintiff Mother Stacey Pynn homeless or in an apartment too small to accommodate four children.
    4. Defendant Daniel Furlong, failed his obligations to recuse in the State of New York Supreme Court, County of Niagara, Pynn v Pynn e150065/2013 due to his bias against mothers who report child abuse. Defendant Daniel Furlong, signed Defendant Sara Sheldon’s illegal order to sell the residence or for Plaintiff Stacey Pynn to sign her $65,000.00 over to perpetrator Defendant Matthew Pynn.  This was to launder money to co-conspirators and financially batter Plaintiff Mother and silence her.  Defendant Daniel Furlong obstructed numerous documents from the official court record.  Defendant Daniel Furlong abused his judicial powers of contempt against Plaintiff Stacey Pynn and ordered her to pay $1000.00.  This order of contempt was vacated by Appellate review citing a violation of due process.  This finding in violation of due process by The New York State Supreme Court Appellate Division Fourth Department in S.P. v M.P. 2022 NY Slip Op. 6377 Decided November 10, 2022 is a violation of Defendant Hon. Daniel Furlong’s oath pursuant to New York State Public Officer’s Law §30(e) and he is not afforded the statutory protections of his office pursuant to New York State Public Officer’s Law §15.
    5. Defendant Frank Sedita, III abused processes in The State of New York

Supreme Court, County of Niagara, Pynn v Pynn e150065/2013 to falsely label Plaintiff as a “vexatious and meritless” litigator when no reasonable judge would have adjudicated this when the perpetrator Defendant Matthew Pynn has four substantiated findings of child abuse/maltreatment.  Defendant Frank Sedita, III used these false pretenses to preclude Plaintiff Stacey Pynn from filing in court, absent an attorney, when he knew this was in effect a complete unlawful obstruction of Plaintiff Mother’s access to the courts being a Chapter 13 debtor and cannot afford an attorney.  Defendant Frank Sedita, III JSC used his false labels held against the Plaintiff Mother as a plausible cause to delete documents from the official court record, including Plaintiff’s Motion for him to recuse and notices of Appeal.  Defendant Frank Sedita III created judgments, and ignored state and federal laws absent due process ordering Plaintiff Mother Stacey Pynn to give large sums of money, (and is now attempting to launder money from the unlawful sale of her home), to co-conspirators including Charles P Ben, (who continues to pursue a $20,000.00 judgement even though no due process was afforded) to the perpetrator Defendant Matthew Pynn and his co-conspirators;

 

  1. Defendant Keith Kibler abused processes in the State of New

York Family Court County of Niagara file 80114 when he refused a hearing on Plaintiff’s Application for a Restraining Order from perpetrator Defendant Matthew Pynn.  He further abused processes when he created orders outside of his jurisdiction and ordered that Plaintiff Stacey Pynn was not allowed to file anything in any Family Court throughout the entire Eighth Judicial District.

 

  1. Defendant Kevin Carter, abused processes when he obstructed Plaintiff

Stacey Pynn’s criminal complaint from proceeding and refused when repeatedly asked by the Plaintiff Stacey Pynn to afford a change in venue.

 

  1. When Plaintiff complained to Defendants Lawrence Marks and Norman St. George, about the above actions of Judges, no effective intervention occurred for Plaintiff Stacey Pynn.

Causation:  If Plaintiff was afforded a fair venue with reasonable judges, her custody litigation would have ended a decade ago and she and her children would be protected and Plaintiff not financially battered.

Damages:  As such, the Plaintiff has suffered loss of time and enjoyment with her children, has suffered tremendously while her children are in the custody of their perpetrator of abuse/maltreatment and has endured theft of millions of dollars in property, assets and money and enormous attorney fees in an amount to be determined in a trial by jury.

 

SIXTH CAUSE OF ACTION CONSPIRACY TO SEX TRAFFIC MINORS IN VIOLATION OF 18 U.S.C. §1591 UNDER COLOR OF LAW

 

Plaintiff repeats and realleges the allegations set forth above as though full set forth herein All Defendants except for Defendant Matthew Pynn at all times relevant to this action acted under color of state law.

 

  1. The Defendants knew or had to have known that Plaintiff’s children were indeed sexually abused and strangulated by the disgraced Defendant Matthew Pynn who has several substantiated findings of child abuse / maltreatment by a neighboring county child protection agency.

 

  1. The Defendants knew or had to have known that the Plaintiff’s children’s sexual abuse allegations are corroborated by:
    1. The mental state of the accused Defendant Matthew Pynn having several findings of child abuse / maltreatment,
    2. The age-inappropriate knowledge of sex and sexualized behavior problems of Plaintiff’s son LP,
    3. The runaway behavior of HP from Defendant Matthew Pynn involving police to find her and secure her return,
    4. The disclosures of the children that corroborated each other’s statements including their sexual abuse “pinching privets” and “hurting my butt” and that HP was being repeatedly strangulated by the disgraced Defendant Matthew Pynn.
  2. Yet the Defendants conspired to criminally commit and cover up the sexual abuse, strangulation and other forms of child abuse and maltreatment of the perpetrator Defendant Matthew Pynn by doing the following:
  3. Keeping the matter “in house” refusing a change of venue for investigations and court cases;
  4.     Manufacturing false pretenses calling the Plaintiff a “false alleger” when they knew this was not the case;
  5. Defaming the Plaintiff as a “meritless and frivolous” litigant;
  6. Assigning Charles P. Ben who used to hire Defendant Matthew Pynn for a period of time spanning more than a decade and who substituted the children’s judgment arguing custody to their perpetrator father and lying to the court about the children’s wishes;
  7. Assigning a controversial court forensic, David Nathanson who is known to recommend to the custody of child abusers and his reports have been related to child death(s);
  8. Relying on the cloak of confidentiality of CPS documentation and failing to report apparent felony child abuse crimes to the police;
  9. Failing to investigate or properly investigate reports of child abuse permitting it to perpetuate;
  10. Failing to protect;

Causation:  No reasonable court or child protection agency or attorney for children would do what these Defendants did to cover up child abuse leaving the Plaintiff’s children unprotected.

Damages:  As such, the Plaintiff has suffered loss of her God given rights of time and enjoyment with her children, has suffered tremendously while her children are in the custody of their perpetrator of abuse/maltreatment and has endured theft of millions of dollars in property, assets and money and enormous attorney fees in an amount to be determined in a trial by jury.

 

 

SEVENTH CAUSE OF ACTION ACTIVITY IN VIOLATION OF THE RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT PURSUANT TO

  • S.C. §§ 1962 AND 1964

 

  • The criminal activities, cover ups, and corruption involving all of the Defendants, either jointly and/or severally in both their personal and/or administrative, and/or illegal judicial capacities constitute criminal activity pursuant to the Racketeer Influenced and Corrupt Organizations Act (RICO). See 18 U.S.C. § 1964.

The Petitioner also brings this lawsuit pursuant to pursuant to 42 U.S. Code § 1983.

The Plaintiff brings this private civil action for violations of the Racketeer Influenced and Corrupt Organizations Act (RICO). See 18 U.S.C. § 1964(c).

The Plaintiff alleges that Defendants conduct involves statutorily  prohibited activities: (1) investing in, (2) acquiring, and/or (3) conducting or participating in an enterprise with income derived from a pattern of racketeering activity, and (4) conspiring to commit the first three types of activity. 18 U.S.C. § 1962(a)–(d).

As to the element of causation, this plaintiff alleges that the unlawful conduct of all of the Defendants was the proximate cause of the plaintiff’s injury. Harmoni International Spice, Inc. v. Hume, 914 F.3d 648, 651 (9th Cir. 2019)

The Plaintiff brings this Complaint RICO 18 U.S.C. § 1962(c) and (d), the conduct and conspiracy prongs of the statute.

 

Pursuant to 18 U.S.C. § 1962(c), the Plaintiff brings this lawsuit against all Defendants’  (1) conduct, (2) of an enterprise, (3) through a pattern, (4) of racketeering activity (known as “predicate acts”), (5) causing injury to the Plaintiff and her minor children by the conduct constituting the violations and criminal activities set forth herein.. See Living Designs, Inc. v. E.I. Dupont de Nemours & Co., 431 F.3d 353, 361 (9th Cir. 2005).

 

The Defendants each committed criminal acts and conduct and had some part in directing the affairs of their criminal enterprise. [10]

 

The Defendants conducted a pattern of racketeering activity, which resulted in irreparable harm to the Plaintiff and her minor children, from on or about February 4, 2013.[11]

The Defendants each conspired and schemed and conducted a criminal enterprise involving the exploitation and abuse of minors and conspired and conducted cover ups to conceal their ongoing criminal activity in the same.[12]

The Defendants criminal conduct was interrelated in purpose and scope and embraced criminal acts that had the same or similar purposes, results, participants, victims, or methods of commission, or otherwise are interrelated by distinguishing characteristics and were not isolated events.[13]

The criminal conduct of the Defendants was “long term” as defined under the RICO Act, beginning at least on or before February 4, 2013, and continuing until present day.[14]

The Plaintiff alleges that the misconduct and criminal activity constitutes racketeering activity because the relevant conduct consists of at least one of the indictable predicate acts listed in 18 U.S.C. § 1961. Sedima, S.P.R.L. v. Imrex Co., Inc., 473 U.S. 479, 495 (1985) (“‘[R]acketeering activity’ consists of no more and no less than commission of a predicate act.”).

Plaintiff alleges that the Defendants’ conduct involved violations and criminal conduct through predicate offenses pursuant to: §§ 1461–1465 (relating to obscene matter); §1503 (relating to obstruction of justice); §1510 (relating to obstruction of criminal investigations);  §1511 (relating to the obstruction of State or local law enforcement); §1512 (relating to tampering with a witness, victim, or an informant); §1513 (relating to retaliating against a witness, victim, or an informant); §§ 1581–1592 (relating to peonage, slavery, and trafficking in persons); §1952 (relating to racketeering); §§2251, 2251A, 2252, and 2260 (relating to sexual exploitation of children); §§2421–24 (relating to white slave traffic); and title 18, United States Code: Section 201 (relating to bribery).

The RICO Act required predicate acts alleged by the Plaintiff and committed by the Defendants are proven upon the record as it exists and by a preponderance of the evidence. See Wilcox v. First Interstate Bank, 815 F.2d 522, 531-32 (9th Cir. 1987).

This case is brought by the Plaintiff, Stacey Pynn, and it is based upon the reckless and harmful endangerment and neglect and abuse of minor children involving, but not limited to, violent physical and sexual abuse, molestation, and sex trafficking of children and the cover up of these crimes, being conducted in the state of New York involving each of the Defendants.

The Defendants all conducted, and continue to conduct knowingly and willfully, at various and sundry times, violent, abusive, neglectful, predatory, criminal and harmful acts against children. All Defendants listed above were, or still are, directly or indirectly involved in the perpetration and conspiracy to abuse children and the cover up of these crimes, as proven upon the record of proceedings and the testimony of the victims. The Defendants perpetrate, promote and cover up these crimes in a continuing criminal enterprise.

 

Causation:  No reasonable court or child protection agency or attorney for children would do what these Defendants did to cover up child abuse leaving the Plaintiff’s children unprotected.

Damages:  As such, the Plaintiff has suffered loss of her God given rights of time and enjoyment with her children, has suffered tremendously while her children are in the custody of their perpetrator of abuse/maltreatment and has endured theft of millions of dollars in property, assets and money and enormous attorney fees in an amount to be determined in a trial by jury.

 

 

DEMAND FOR JURY TRIAL

Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Plaintiff Ms. Stacey Pynn

demands a trial by jury in this action of all issues so triable.

 

PRAYER FOR RELIEF

That Plaintiff Stacey Pynn respectfully requests that she be rewarded:

  • compensatory damages against all defendants in an amount to be determined by the jury; and that Plaintiff Stacey Pynn be awarded punitive damages against all Defendants in an amount to be determined by the jury; and
  • that this Court provide the injunctive relief to afford a fair forum of a transfer to different venue outside of Niagara County with a restraining order against all courts and investigative authorities, (police and child welfare), located within and around Niagara County from hearing matters of Plaintiff Stacey Pynn and her immediate family;
  • that this Court to provide additional injunctive relief declaring that the actions of all the Defendants herein corruptly violated Plaintiff’s right of access to the courts and equal protection under the law, violated her right to due process and a fair forum, and violated due process rights by obstructing voluminous material documents from the official court records in New York State courts repeatedly and persistently over the course of ten (10) years since inception of her cases of Pynn v. Pynn in the New York State Supreme Court, County of Niagara index #e150065/2013 and the New York State Family Court, County of Niagara file 80114 and in the New York State Family Court, County of Erie in violation of the First, Fifth, Ninth and Fourteenth Amendments in the Constitution of the United States and New York State Constitution Article I, VI, and XIII, and under the Common Law of New York, specifically deprivation of rights without due process of law; and
  • this court to rule the judicial Defendants created orders that are void and unenforceable due to judicial fraud on the court, and that the Defendants
  • committed theft of millions of dollars in assets and money without jurisdiction and while impersonating court officers; and
  • that the Defendants inflicted emotional distress including by negligent infliction; and
  • for this Court to order Defendants to cease and desist from obstructing official government records, including but not limited to documents from court and corresponding docket sheets and investigative records;
  • and that this Court provide the additional injunctive relief removing all state court orders that preclude Plaintiff Stacey Pynn’s right of public access to the courts;
  • and that this Court pursuant to 42 U.S.C. §1988, issue and order awarding Plaintiff Stacey Pynn reasonable attorney’s fees together with the costs of this action against all defendants;
  • and that this Court to order the Defendants without their required oath on file the ab initio vacatur of their elected or appointed offices, and for those Defendants in violation of their oath requirements pursuant to New York State Public Officer’s Law §10 are denied any statutory protections of their office including but not limited to immunity; and
  • that this Court enter the New York State Unified Court System into a federal receivership given the profuse Constitutional disregard herein described, and
  • that this court to enter the New York State CPS Program Manual is in violation of the U.S. Constitutional due process requirement upon the direction to refer substantiated reports from a neighboring county back to the conflict of interest preferred jurisdiction county to decide on any court intervention, and
  • that this Court award such other further relief, together with any other legal or equitable relief, or both, as the Court deems just and proper.

RESPECTFULLY SUBMITTED this 15th day of May 2024, I Stacey Pynn, the Plaintiff in the above captioned case, appearing pro se do hereby affirm that the foregoing is truthful and correct to the best of my knowledge and belief under penalty of perjury.

 

 

Dated: May 22, 2024

Buffalo, New York                                                     ______________________________

Stacey Pynn, pro se

 

safetypynn@gmail.com

[1] 18 U.S. Code § 3509 – Child victims’ and child witnesses’ rights

[2] Under 42 U.S.C. § 13031—a provision of the Victims of Child Abuse Act of 1990—all covered professionals who learn of suspected child abuse while engaged in enumerated activities and professions on federal land or in federal facilities must report that abuse, regardless of where the suspected victim is cared for or resides..

[3] The conduct element of § 1962(c) requires that the defendant have some part in directing the affairs of the enterprise. Liability is not limited to those with primary responsibility for the enterprise’s affairs, nor is a formal position within the enterprise required. However, the defendant is not liable under § 1962(c) unless the defendant has participated in the operation or management of the enterprise itself. See Reves v. Ernst & Young, 507 U.S. 170, 179 (1993) (holding that accountants hired to perform audit of cooperative’s records did not participate in “operation or management” of cooperative’s affairs by failing to inform cooperative’s board of directors that cooperative was arguably insolvent). In determining whether the conduct element has been satisfied, relevant questions include whether the defendant “occupies a position in the chain of command,” “knowingly implements [the enterprise’s] decisions,” or is “indispensable to achieving the enterprise’s goal.” Walter v. Drayson, 538 F.3d 1244, 1248-49 (9th Cir. 2008) (holding that attorney’s performance of services for alleged associated-in-fact enterprise was not sufficient to satisfy § 1962(c)’s conduct element).

 

[4] A pattern is defined as “at least two acts of racketeering activity” within ten years of each other. 18 U.S.C. § 1961(5). Proving two predicate acts is a necessary condition for finding a violation but may not be sufficient. See H.J., Inc. v. Nw. Bell Tel. Co., 492 U.S. 229, 238 (1989). To establish a “pattern of racketeering activity,” the predicate acts must be both “related” and “continuous.” Id.; Sever, 978 F.2d at 1529.

 

[5] An “enterprise includes any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity.” 18 U.S.C. § 1961(4). The “definition is not very demanding.” Odom, 486 F.3d at 548. RICO does not require that either the racketeering enterprise or the predicate acts of racketeering be motivated by an economic purpose. Nat’l Org. for Women, Inc. v. Scheidler, 510 U.S. 249, 262 (1994).

[6] Related conduct “embraces criminal acts that have the same or similar purposes, results, participants, victims, or methods of commission, or otherwise are interrelated by distinguishing characteristics and are not isolated events.” H.J., Inc., 492 U.S. at 240. Relatedness of the alleged or proven predicate acts is rarely an issue. See Medallion Television Enters., Inc. v. SelecTV of Cal., Inc., 833 F.2d 1360, 1363 (9th Cir. 1987) (finding alleged predicate acts to be related.)

 

[7] The continuity requirement reflects Congress’s concern in RICO with long-term criminal conduct. H.J., Inc. v. Nw. Bell Tel. Co., 492 U.S. 229, 238 (1989). To establish a “pattern of racketeering activity,” the predicate acts must be both “related” and “continuous.”  Plaintiffs must prove either “open-ended” or “closed-ended” continuity—that is, a plaintiff must either prove a series of related predicate acts committed over a substantial period of time (known as closed-ended continuity) or show past conduct that by its nature projects into the future with a threat of repetition (known as open-ended continuity). See  Howard v. Am. Online Inc., 208 F.3d 741, 749 (9th Cir. 2000)

[8] 18 U.S. Code § 3509 – Child victims’ and child witnesses’ rights

[9] Under 42 U.S.C. § 13031—a provision of the Victims of Child Abuse Act of 1990—all covered professionals who learn of suspected child abuse while engaged in enumerated activities and professions on federal land or in federal facilities must report that abuse, regardless of where the suspected victim is cared for or resides..

[10] The conduct element of § 1962(c) requires that the defendant have some part in directing the affairs of the enterprise. Liability is not limited to those with primary responsibility for the enterprise’s affairs, nor is a formal position within the enterprise required. However, the defendant is not liable under § 1962(c) unless the defendant has participated in the operation or management of the enterprise itself. See Reves v. Ernst & Young, 507 U.S. 170, 179 (1993) (holding that accountants hired to perform audit of cooperative’s records did not participate in “operation or management” of cooperative’s affairs by failing to inform cooperative’s board of directors that cooperative was arguably insolvent). In determining whether the conduct element has been satisfied, relevant questions include whether the defendant “occupies a position in the chain of command,” “knowingly implements [the enterprise’s] decisions,” or is “indispensable to achieving the enterprise’s goal.” Walter v. Drayson, 538 F.3d 1244, 1248-49 (9th Cir. 2008) (holding that attorney’s performance of services for alleged associated-in-fact enterprise was not sufficient to satisfy § 1962(c)’s conduct element).

 

[11] A pattern is defined as “at least two acts of racketeering activity” within ten years of each other. 18 U.S.C. § 1961(5). Proving two predicate acts is a necessary condition for finding a violation but may not be sufficient. See H.J., Inc. v. Nw. Bell Tel. Co., 492 U.S. 229, 238 (1989). To establish a “pattern of racketeering activity,” the predicate acts must be both “related” and “continuous.” Id.; Sever, 978 F.2d at 1529.

 

[12] An “enterprise includes any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity.” 18 U.S.C. § 1961(4). The “definition is not very demanding.” Odom, 486 F.3d at 548. RICO does not require that either the racketeering enterprise or the predicate acts of racketeering be motivated by an economic purpose. Nat’l Org. for Women, Inc. v. Scheidler, 510 U.S. 249, 262 (1994).

[13] Related conduct “embraces criminal acts that have the same or similar purposes, results, participants, victims, or methods of commission, or otherwise are interrelated by distinguishing characteristics and are not isolated events.” H.J., Inc., 492 U.S. at 240. Relatedness of the alleged or proven predicate acts is rarely an issue. See Medallion Television Enters., Inc. v. SelecTV of Cal., Inc., 833 F.2d 1360, 1363 (9th Cir. 1987) (finding alleged predicate acts to be related.)

 

[14] The continuity requirement reflects Congress’s concern in RICO with long-term criminal conduct. H.J., Inc. v. Nw. Bell Tel. Co., 492 U.S. 229, 238 (1989). To establish a “pattern of racketeering activity,” the predicate acts must be both “related” and “continuous.”  Plaintiffs must prove either “open-ended” or “closed-ended” continuity—that is, a plaintiff must either prove a series of related predicate acts committed over a substantial period of time (known as closed-ended continuity) or show past conduct that by its nature projects into the future with a threat of repetition (known as open-ended continuity). See  Howard v. Am. Online Inc., 208 F.3d 741, 749 (9th Cir. 2000)

Complaint for VIOLATION OF CIVIL RIGHTS

UNITED STATES DISTRICT COURT

for the

District of Columbia

Complaint PDF  —  EXHIBITS PDF

WILLIAM MICHAEL WINDSOR,                           )

Plaintiff                                                                     )

)           CIVIL ACTION NO.

Scott S. Harris and                                                 )           ________________________

Rashonda Garner,                                                  )

Defendants.                                                             )

                                                                               

 

Complaint for VIOLATION OF CIVIL RIGHTS

AND ADDITIONAL CAUSES OF ACTION

The Parties to This Complaint

 The Plaintiff

William Michael Windsor (“WINDSOR”) is a citizen of the United States and is a resident of Lincoln County, South Dakota.

Name:                       William Michael Windsor

Address:                    5013 S. Louise Avenue #1134, Sioux Falls, South Dakota 57108

County:                     Lincoln

Telephone:                352-###-####

Email:                        windsorinsouthdakota@yahoo.com

 

  1. The Defendants

Scott S. Harris (“HARRIS”) is a citizen of the United States, an employee of the federal government in Washington, DC, and a federal official.  HARRIS is sued as an individual.

Name:                        Scott S. Harris

Address:                    Supreme Court of the United States

Office of the Clerk

Washington, DC 20543-0001

Telephone:                202-479-3025

Email:                        pio@supremecourt.gov

 

Rashonda Garner (“GARNER”) is a citizen of the United States, an employee of the federal government in Washington, DC, and a federal official.  GARNER is sued as an individual.

Name:                       Rashonda Garner

Address:                    Supreme Court of the United States

Office of the Clerk

Washington, DC 20543-0001

Telephone:                202-479-3025

Email:                        PMcCabe@supremecourt.gov

 

  1. I Basis for Jurisdiction

[X]  Federal Officials (a Bivens Claim)

Constitutional rights the Plaintiff claims are being violated by federal officials (HARRIS and GARNER), including Denial of Due Process in violation of the Fifth and Fourteenth Amendments to the U.S. Constitution.

28 U.S.C. § 1391 (b) provides: “A civil action may be brought in (1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located; (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated….”

III.       Statement of Claim

   Where did the events giving rise to your claims occur?

The events took place at the Supreme Court building in Washington, DC and in Lincoln County South Dakota and Sumter County Florida.

  1. What date and approximate time did the events giving rise to your claims occur?

May 10, 2023; May 23, 2023; June 1, 2023; July 20, 2023; September 26, 2023; October 1, 2023; October 2, 2023; October 27, 2023; October 31, 2023; November 3, 2023; November 20, 2023; November 21, 2023; November 22, 2023; November 27, 2023; December 18, 2023, December 19, 2023; December 20, 2023, December 21, 2023.

What are the facts underlying your claims?

  1. On May 10, 2023, William M. Windsor (“Windsor”), an individual, filed a Petition for a Writ of Mandamus and/or Prohibition and Motion for Leave to Proceed In Forma Pauperis. (“PETITION”). [EXHIBIT A – May 10, 2023.] This Filing was made in compliance with the United States Supreme Court’s Rule 29 and in the manner required by the Rules, as shown on the Certificate of Service. [EXHIBIT B, Pages 51-52.]  The appropriate number of copies were mailed to the Clerk, and a copy was sent to the Solicitor General and the attorney involved in the case.
  2. On May 10, 2023, the Docket of the United States Supreme Court shows: “Application (22A1009) to file petition for a writ of mandamus and/or prohibition in excess of page limits, submitted to Justice Thomas.” [EXHIBIT A, May 10, 2023.]
  3. On May 23, 2023, Justice Clarence Thomas granted the Application (22A1009) “to file petition for a writ of mandamus and/or prohibition in excess of page limits. The petition for a writ of mandamus and/or prohibition may not exceed 49 pages.” [EXHIBIT A, May 23, 2023.]  It was filed.
  4. On June 1, 2023, the Waiver of the Right of Respondent United States to respond was filed. [EXHIBIT A, June 1, 2023.]
  5. On July 20, 2023, the PETITION was “DISTRIBUTED for Conference of 9/26/2023.” [EXHIBIT A, July 20, 2023.]
  6. WINDSOR spoke by telephone with Jake in the United States Supreme Court Clerk’s Office. Jake explained that WINDSOR’s PETITION would be considered by the nine Justices in a “Conference.”
  7. The “Filing and Rules” section for the United States Supreme Court Clerk’s Office explains:

“The timing for placing petitions on a conference list and distributing them to the Justices is governed by Rule 15.5, which provides as follows: “The Clerk will distribute the petition to the Court for its consideration upon receiving an express waiver of the right to file a brief in opposition, or, if no waiver or brief in opposition is filed, upon the expiration of the time allowed for filing. If a brief in opposition is timely filed, the Clerk will distribute the petition, brief in opposition, and any reply brief to the Court for its consideration no less than 14 days after the brief in opposition is filed, unless the petitioner expressly waives the 14-day waiting period.” [https://www.supremecourt.gov/casedistribution/casedistributionschedule.aspx.]

  1. United States Supreme Court Clerk Scott S. Harris has explained Conference Scheduling in a memorandum. [https://www.supremecourt.gov/casehand/Guidance-on-Scheduling-2023.pdf.] [EXHIBIT K.]
  2. The Supreme Court Historical Society explains the Conference process. [https://supremecourthistory.org/how-the-court-works/the-justices-conference/.] [EXHIBIT C.]
  3. On September 26, 2023, the Docket of the United States Supreme Court indicates a Conference was held by the nine Justices in Case No. 22-7648. [EXHIBIT A, September 26, 2023.]
  4. On October 2, 2023, the United States Supreme Court’s Docket shows “Petition DENIED.” [EXHIBIT A, October 2, 2023.]
  5. On October 27, 2023, WINDSOR filed a Motion for Rehearing just to be safe. [EXHIBIT E.] It was sent by USPS. [EXHIBITS F and G.]   This was 25 days after the Docket claims the Petition was denied, so it would have been timely if an order had been issued.
  6. On October 31, 2023, WINDSOR received a letter from Scott S. Harris dated October 2, 2023. [EXHIBIT D.] The letter is not even signed; it’s a stamp.  It bears no seal, and it is not signed by a Justice.  The letter does not qualify as an Order required after a Conference.  And the time has not started to run on the filing of a motion for rehearing.
  7. On November 3, 2023, a letter was dated to WINDSOR by Rashonda Garner for Scott S. Harris. [EXHIBIT H.] The letter is not an order.  All copies of WINDSOR’s Filing were returned. [EXHIBIT I.]  The original copy is stamped “RECEIVED OCT 30 2023 Office of the Clerk Supreme Court U.S.” [EXHIBIT I.]
  8. On November 20, 2023, the letter dated November 3, 2023 was received by WINDSOR. [EXHIBIT J.] The letter is not an order.
  9. On November 21, 2023, WINDSOR called Rashonda Garner and left a detailed voicemail.
  10. On November 21, 2023, Rashonda Garner left a voicemail saying she didn’t understand WINDSOR’s message. [EXHIBIT L.]
  11. On November 22, 2023, WINDSOR called Rashonda Garner and left a detailed voicemail.
  12. On November 27, 2023, all of the mail dated November 3, 2023 regarding the Motion for Rehearing was sent certified mail return receipt to Rashonda Garner. [EXHIBIT H and EXHIBIT J.]
  13. On November 27, 2023, WINDSOR submitted 11 copies of a “MOTION” to the United States Supreme Court.
  14. On December 18, 2023, WINDSOR received a return of all of his November 27, 2023 mailing in a box. [EXHIBIT S.] This is all about WINDSOR’s Petition regarding violations of his Constitutional rights.  USSC Case #22-7648 —   https://lawlessamerica.com/motion-for-compliance-with-rules-of-u-s-supreme-court-was-filed-by-bill-windsor/?fbclid=IwAR14vsRgJBVkismog3TBwe88_GxfP98RcmMOmyLcHUwyt5hVBh3V8sLlENg.  This is the case chosen as one of the approximately 8,000 cases submitted in 2023 that the nine justices were actually to hear on September 26, 2023. https://lawlessamerica.com/74-year-old-disabled-man-with-use-of-only-one-finger-will-have-all-nine-u-s-supreme-court-justices-hear-his-pro-se-petition/?fbclid=IwAR1ExGhpVh0dTM8WRD_Bxr6cA_-NB2Hxg6I5adfB41Z7-FXc_zeQQl-MGQ4
  15. On December 19, 2023, WINDSOR called Rashonda Garner and left a detailed voicemail. [EXHIBIT M.]
  16. On December 19, 2023, WINDSOR again called Rashonda Garner and left a detailed voicemail. [EXHIBIT N.] [EXHIBIT O.]
  17. On December 20, 2023, WINDSOR called Rashonda Garner yet again and left a detailed voicemail. [EXHIBIT P.]  The call was not returned.
  18. On December 20, 2023, the Docket of the United States Supreme Court in Case #22-7648 shows no entries after October 2, 2023. [EXHIBIT Q.]
  19. As of December 26, 2023, Rashonda Garner still has not returned WINDSOR’s

 

PREVIOUS LAWSUITS AND ADMINISTRATIVE RELIEF

The PLAINTIFF has not filed other lawsuits in state or federal court that deal with the same facts involved in this action.

Arguments – claims for relief

CLAIM FOR RELIEF #1 — Bivens Claim

  1. WINDSOR’s Constitutional rights are being violated by federal officials, Harris and Garner, including Denial of Due Process in violation of the Fifth and Fourteenth Amendments to the U.S. Constitution. HARRIS and GARNER violated WINDSOR’s Constitutional rights, and those rights were so clearly established that a reasonable person would have known they were being violated.
  2. The allegations in the paragraphs above are incorporated herein by reference as if set forth in full.

 

  1. WINDSOR has been denied Constitutional Due Process Rights
  2. Due process requires that the government respect all of the legal rights that are owed to a person according to the law. Procedural due process guarantees protection to everyone so that statutes, regulations, and enforcement actions ensure that no one is deprived of “life, liberty, or property” without a fair opportunity to affect the judgment or result.  Judges have shown absolutely no respect for Windsor’s legal rights.  They have ignored the law and the facts.  Windsor has been denied the most fundamental right to not have his legal rights stolen by dishonest judges.
  3. This is not abuse of discretion; they violated the Constitution and laws intentionally. (Snyder v. Massachusetts, 291 U.S. 97, 105 (1934; Goldberg v. Kelly, 397 U.S. 254, 267 (1970); Palko v. Connecticut, 302 U.S. 319 (1937).)
  4. In Case No. 2018-CA-010270 in THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA (“010270”), the fundamental right to have the courts accept Windsor’s sworn affidavits as true has been violated. (Marchant v. Pennsylvania R.R., 153 U.S. 380, 386 (1894).)
  5. Judges are required to be impartial. Judges have demonstrated pervasive bias against Windsor.  They haven’t shown an ounce of impartiality. (Marshall v. Jerrico, 446 U.S. 238, 242 (1980); Schweiker v. McClure, 456 U.S. 188, 195 (1982).)
  6. In “Some Kind of Hearing,” Judge Henry Friendly said that an important right of due process is “a decision based exclusively on the evidence presented.” Florida judges have not made decisions based upon the evidence presented.
  7. Due process is “an established course for judicial proceedings or other governmental activities designed to safeguard the legal rights of the individual.” Action denying the process that is “due” is unconstitutional.  In 010270, judges have denied the process that is due.  (Snyder v. Massachusetts, 291 U.S. 97, 105 (1934).)
  8. Litigants allegedly have the right to protections expressly created in statute and case law precedent. Statutes have been violated and overwhelming case law has been ignored by judges.
  9. Litigants have the right to equal protection of the law regardless of race, creed, color, religion, ethnic origin, age, handicaps, or sex. Windsor is 75, handicapped, and he has not received equal protection as a pro se party.
  10. Litigants have the right to a remedy, by recourse to the laws, for all injuries or wrongs that they may receive in their person, property, or character. Windsor has been denied recourse.
  11. Litigants have the right to justice, without being obliged to purchase it; completely, and without any denial; promptly, and without undue delay; in conformance with the laws. Florida judges have denied justice and have not conformed with the laws.
  12. The principle of due process of law is one of the most important protections against arbitrary rule.
  13. An inherent right is the honesty of the judge. Judges in Florida have committed perjury and obstruction of justice; they have violated many canons of the Code of Judicial Procedure as well as rules in the Florida Code of Professional Conduct.  Inherent in due process is the expectation that the judge will not violate criminal statutes, but they have.
  14. Judges in Florida have violated Windsor’s rights by using their power to inflict their bias.
  15. For due process, Windsor has the right to protections expressly created in statute and case law. Due process allegedly ensures that the government will respect all of a person’s legal rights and guarantee fundamental fairness and justice.  Due process holds the government subservient to the law of the land, protecting individual persons from the state.
  16. Due process requires an established course for judicial proceedings designed to safeguard the legal rights of the individual. Action denying the process that is “due” is unconstitutional.  Inherent in the expectation of due process is that the judge will abide by the rules.   Judges in Florida have violated rules for the purpose of damaging Windsor.
  17. An inherent Constitutional right is the honesty of the judge. Judges in Florida have not been honest.  They have violated the Code of Judicial Conduct.
  18. The Constitution guarantees Windsor a fair and impartial judge. Florida judges denied Windsor’s guarantee to inflict their extra-judicial bias.

Every person “has a constitutional and statutory right to an impartial and fair judge at all stages of the proceeding.” (Liteky v U.S., 510 US 540 (1994).  (See Stone v Powell, 428 US 465, 483 n. 35, 96 S. Ct. 3037; Johnson v. Mississippi, 403 U.S. 212, 216 (1971); accord Concrete Pipe & Prods. V. Constr. Laborers Pension, 508 U.S. 602, 617 (1993) (citation omitted).)

  1. Due process is supposed to guarantee basic fairness and to make people feel that they have been treated fairly.

“justice must give the appearance of justice” (Levine v. United States, 362 U.S. 610, 80 S.Ct. 1038 (1960), citing Offutt v. United States, 348 U.S. 11, 14, 75 S. Ct. 11, 13 (1954).)  (Peters v. Kiff, 407, U.S. 493, 502 (1972).)

48.              At a basic level, procedural due process is essentially based on the concept of “fundamental fairness.”  For example, in 1934, the United States Supreme Court held that due process is violated “if a practice or rule offends some principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental.”

49.              Where an individual is facing a (1) deprivation of (2) life, liberty, or property, (3) procedural due process mandates that he or she is entitled to adequate notice, a hearing, and a neutral judge.  Substantive due process refers to the rights granted in the first eight amendments to the Constitution.  Fifth Amendment due process means substantially the same as Fourteenth Amendment due process.

50.              Judges and Federal officers have a Constitutional duty to Windsor.  The DEFENDANTS breached their Constitutional duties through action and inaction.

  1. They have violated Windsor’s civil and Constitutional rights under color of law.

“[t]rial before an ‘unbiased judge’ is essential to due process.” Johnson v. Mississippi, 403 U.S. 212, 216 (1971); accord Concrete Pipe & Prods. V. Constr. Laborers Pension, 508 U.S. 602, 617 (1993) (citation omitted). (Levine v. United States, 362 U.S. 610, 80 S.Ct. 1038 (1960), citing Offutt v. United States, 348 U.S. 11, 14 (1954); Mathews v. Eldridge, 424 U.S. 319, 344 (1976); Peters v. Kiff, 407 U.S. 493, 502 (1972)

  1. The due process clauses of the Constitutions of Florida, South Dakota, and the United States guarantee a party an impartial and disinterested tribunal in civil cases. (Marshall v. Jerrico, Inc., 446 U.S. 238, 242, 100 S.Ct. 1610, 1613 (1980).)

Partiality in favor of the government may raise a defendant’s due process concerns. (In re United States of America, 441 F.3d at 66 (citing In re Murchison, 349 U.S. 133 (1955).)

  1. Judges in Florida have effectively denied Windsor’s rights of equal protection under the law in Article VI of the Constitution. Their actions prove that they have exercised their power in this and other actions for their own personal purposes rather than the will of the law.

Littleton v. Berbling, 468 F.2d 389, 412 (7th Cir. 1972), citing Osborn v. Bank of the United States, 9 Wheat (22 U.S.) 738, 866, 6 L.Ed 204 (1824); U.S. v. Simpson, 927 F.2d 1088 (9th Cir. 1990).

  1. The orders issued by judges in Florida suggest “the appearance of” animosity towards Windsor.
  2. These latest purported orders from JEFF ASHTON deny WINDSOR his fundamental Constitutional right of access to the courts, “unquestionably a right of considerable constitutional significance.” (Miller v. Donald, 541 F.3d 1091, 1096 (11th Cir. 2008).) Meaningful access to the courts is a constitutional right. (Procup v. Strickland, 792 F.2d 1069, 1072 (11th Cir. 1986) (per curiam) (en banc).) [emphasis added.]

 

  1. AN ORDER was not ISSUED ON THE CONFERENCE DECISION OF SEPTEMBER 26, 2023.
  2. The Rules of the United States Supreme Court require valid evidence of the October 2, 2023 alleged denial by the Court of the Petition of William M. Windsor in Supreme Court Case #22-7648. An Order was not issued.  This is a violation of due process.
  3. The letters dated October 2, 2023 and November 3, 2023 are not orders and have no validity. [EXHIBITS D and H.] The U.S. Supreme Court Rules use the term “Letter” 13 times, and letters such as these are not authorized by the Rules.
  4. No valid evidence of the denials was attached to the letters.
  5. There is no order issued under seal, in violation of 28 U.S.C. 1691 – “All writs and process issuing from a court of the United States shall be under the seal of the court and signed by the clerk thereof.”

The word “process” at 28 U.S.C. 1691 means a court order.  See Middleton Paper Co. v. Rock River Paper Co., 19 F. 252 (C.C. W.D. Wisconsin 1884);  Taylor v. U.S., 45 F. 531 (C.C. E.D. Tennessee 1891);  U.S. v. Murphy, 82 F. 893 (DCUS Delaware 1897);  Leas & McVitty v. Merriman, 132 F. 510 (C.C. W.D. Virginia 1904);  U.S. v. Sharrock, 276 F. 30 (DCUS Montana 1921);  In re Simon, 297 F. 942, 34 ALR 1404 (2nd Cir. 1924);  Scanbe Mfg. Co. v. Tryon, 400 F.2d 598 (9th Cir. 1968);  and Miles v. Gussin, 104 B.R. 553 (Bankruptcy D.C. 1989).

  1. There has never been an ORDER on WINDSOR’s case that was purportedly considered by the nine U.S. Supreme Court Justices on September 26, 2023. https://lawlessamerica.com/motion-for-compliance-with-rules-of-u-s-supreme-court-was-filed-by-bill-windsor/?fbclid=IwAR3ldAVwjfI4p7AZo4ILmjCRpshIx-4yAdr-nYAC_yvgz5jg_lIwN0Rfp8Q
  2. Black’s Law Dictionary defines “order” as a “mandate; precept; a command or direction authoritatively given….”
  3. gov defines “clerk of court” as “the court officer who oversees administrative functions, especially managing the flow of cases through the court.
  4. com defines “Administrative function” as that used in carrying out an administrative program and is to be broadly construed to include any aspect of agency organization, procedure, or management. In one state, for example, the term “administrative function” is defined as follows:

(1) “Administrative function” means the administration of:

(i) a law of the State;

(ii) a law of a political subdivision of the State; or

(iii) a rule, regulation, or bylaw of a public body.

(2) “Administrative function” does not include:

(i) an advisory function;

(ii) a judicial function;

(iii) a legislative function;

(iv) a quasi-judicial function; or

(v) a quasi-legislative function. [emphasis added.]

 

  1. Non-judicial court officers, such as clerks of court, will have specific tasks delegated to them by the court; they can make decisions on matters that the legal system does not consider to require judicial discretion and judgment. These are often described as “ministerial.”
  2. Black’s Law Dictionary defines “mandate:” “In practice, a judicial command or precept proceeding from a court or judicial officer, directing the proper officer to enforce a judgment, sentence, or decree. Seaman v. Clarke, 60 App. Div. 416, 69 N. Y. Supp. 1002; Horton v. State, 63 Neb. 34, 88 N. W. 146.
  3. “In the practice of the Supreme Court of the United States, the mandate is a precept or order issued upon the decision of an appeal or writ of error, directing the action to be taken, or disposition to be made of the case, by the inferior court … in some of the state jurisdictions….”
  4. WINDSOR has not received a judicial command. A letter purportedly written by the Clerk is not an order.
  5. Black’s Law Dictionary defines “precept” as “an order or direction, emanating from authority, to an officer or body of officers, commanding him or them to do some act within the scope of their powers.”
  6. A letter from the Clerk is not a Precept.
  7. The letter does not direct any proper officer to enforce a judgment, sentence, or decree.
  8. Failing to do what is required by the rules is a violation of due process, and this is a Constitutional violation.
  9. Windsor requires an order by the United States Supreme Court with a seal of the court and an actual signature of a Justice. This Due Process Notice and Service by Clerk of the United States Supreme Court, Scott S. Harris, was to be made on parties in 22-7648 of the valid record of denial of the Petition by the United States Supreme Court, if that actually happened.

 

  1. WINDSOR’S CONFERENCE DECISION WAS NOT PUBLISHED, AND IT MUST BE.
  2. United States Supreme Court’s Conference Decisions in Appeal No. 22-7648 must be published, and WINDSOR’s was not. This is a violation of due process.

“All conference decisions are published.” [https://supremecourthistory.org/how-the-court-works/the-justices-conference/ — EXHIBIT C, Paragraph 5.]

“When the vote has been taken on a case, the writing of an opinion is assigned—by the Chief if he voted with the majority, otherwise by the senior Justice of the majority.” [https://supremecourthistory.org/how-the-court-works/the-justices-conference/ — EXHIBIT C, Paragraph 6.]

 

  1. WINDSOR’S FILINGS WERE NOT DOCKETED AS THEY MUST BE.
  2. WINDSOR’S filing of a Motion for Rehearing [EXHIBIT E] has been unlawfully excluded from the Docket. [EXHIBIT A.] It was timely filed with the Clerk in paper form – an original and 10 copies.  There was no service by the United States Supreme Court.  This is a violation of due process.
  3. “Filing” is defined as:

“To place a paper in the official custody of the clerk of court to enter into the files or records of a case. [https://www.uscourts.gov/glossary#letter_f]

“the act of giving an official form or document to someone in authority in order to begin a legal process.” [Britannica Dictionary definition of FILING.]

“to deposit with the clerk of the court a written complaint or petition which is the opening step in a lawsuit and subsequent documents, including an answer, demurrer, motions, petitions, and orders. [Copyright © 1981 2005 by Gerald N. Hill and Kathleen T. Hill.].

 

  1. United States Supreme Court Rule 29 requires:

“1.   Any document required or permitted to be presented to the Court or to a Justice shall be filed with the Clerk in paper form.

“2.   A document is timely filed if it is received by the Clerk in paper form within the time specified for filing; or if it is sent to the Clerk through the United States Postal Service by first-class mail (including express or priority mail), postage prepaid, and bears a postmark, other than a commercial postage meter label, showing that the document was mailed on or before the last day for filing; or if it is delivered on or before the last day for filing to a third-party commercial carrier for delivery to the Clerk within 3 calendar days….”

  1. The Clerk of the United States Supreme Court seems to be routinely violating the due process requirements of many litigants. EXHIBIT R is an article written in 2012 about almost identical corruption by U.S. Supreme Court Clerk Thomas Suter.
  2. Notice and Service was not provided. Windsor demanded that it be executed immediately.
  3. Windsor asks that this Motion be docketed pursuant to Due Process and that a valid adjudication of the Motion be noticed and served on the parties.
  4. Windsor also requests all court records in the internal case management system of SCOTUS under No. 22-7648, including all audit data. The audit data is the login name and login time of the individuals who entered any data in the records.
  5. WINDSOR believes these unlawful practices have taken place for at least 13 years. WINDSOR requests copies of all letters issued, rather than orders, in every case since 01/01/2008.

 

  1. ALL ORDERS AND COMMUNICATIONS WITH WINDSOR HAVE NOT BEEN SENT BY EMAIL AS REQUIRED.
  2. Documents attached as EXHIBITS hereto show that WINDSOR does not receive mail promptly. The American Association of Non-Lawyers requires that non-lawyers receive all communications by email.  This eliminates one of the many unfair advantages given to lawyers.  This is a violation of due process.
  3. WINDSOR must be served and communicated with at windsorinsouthdakota@yahoo.com.

 

  1. WINDSOR WAS NOT ISSUED AN ORDER ON HIS MOTION FOR REHEARING, AND HE MUST BE GIVEN THE PROPER TIME TO RESPOND TO ANY OBJECTION.
  2. Orders are required. This is a violation of due process.
  3. United States Supreme Court Rule 44 (2) provides: “Any petition for the rehearing of an order denying a petition for a writ of certiorari or extraordinary writ shall be filed within 25 days after the date of the order of denial….”
  4. There was no “order of denial,” so the time has not started to run on rehearing.

 

  1. THE CLERKS OF THE UNITED STATES SUPREME COURT, HARRIS AND GARNER, HAVE VIOLATED SUPREME COURT RULE 79 BY NOT KEEPING PROPER RECORDS.
  2. Records are required. This is a violation of due process.
  3. Rule 79 requires:

“(a) Civil Docket.

(1) In General. The clerk must keep a record known as the “civil docket” in the form and manner prescribed by the Director of the Administrative Office of the United States Courts with the approval of the Judicial Conference of the United States. The clerk must enter each civil action in the docket. Actions must be assigned consecutive file numbers, which must be noted in the docket where the first entry of the action is made.

(2) Items to be Entered. The following items must be marked with the file number and entered chronologically in the docket:

(A) papers filed with the clerk;

(B) process issued, and proofs of service or other returns showing execution; and

(C) appearances, orders, verdicts, and judgments.

(3) Contents of Entries; Jury Trial Demanded. Each entry must briefly show the nature of the paper filed or writ issued, the substance of each proof of service or other return, and the substance and date of entry of each order and judgment. When a jury trial has been properly demanded or ordered, the clerk must enter the word ‘jury’ in the docket.”

  1. HARRIS and GARNER have violated WINDSOR’s civil rights by failing to comply with this Rule.

 

CLAIM FOR RELIEF #2 — CONSPIRACY

  1. The allegations in the paragraphs above are incorporated herein by reference as if set forth in full.
  2. The Defendants, in some way or manner, came to a mutual understanding to try to accomplish a common and unlawful plan. The mutual understanding was to break the law at some time in the future and/or to achieve a lawful aim by unlawful means.  The DEFENDANTS willfully became members of such conspiracy.  During the existence of the conspiracy, various DEFENDANTS knowingly committed at least one overt act in an effort to carry out or accomplish some object of the conspiracy.  The conspiracy was designed to deprive the PLAINTIFF of legal rights and deceive the courts to obtain an illegal objective.  Each of the DEFENDANTS is responsible as a joint tortfeasor for all damages ensuing from the wrongs. DEFENDANTS reached agreement to commit these overt acts.  They committed to support their efforts with a series of lies, to conceal documents, to falsify documents, to lie, and to undertake a variety of actions designed to damage the PLAINTIFF.  At least one of the DEFENDANTS knowingly committed at least two of the overt acts. Respondeat superior (principal is liable for agents’ misconduct). The PLAINTIFF was damaged as a result.

 

 

CLAIM FOR RELIEF #3 — Intentional Infliction of Emotional Distress

 

  1. The allegations in the paragraphs above are incorporated herein by reference as if set forth in full.
  2. The DEFENDANTS have shown extreme and outrageous conduct. The PLAINTIFF has been under extreme emotional distress for 15 months.
  3. DEFENDANTS intentionally inflicted emotional distress on the PLAINTIFF through defamation, fraud, conspiracy, and violation of civil and Constitutional rights.
  4. DEFENDANTS inflicted emotional distress on the PLAINTIFF.  DEFENDANTS acted intentionally or recklessly.
  5. Some of the damaging words about the PLAINTIFF and actions against the Plaintiff are not defamatory, and it is these words and actions for which the PLAINTIFF seeks recovery for intentional infliction of emotional distress.
  6. Conduct of DEFENDANTS was extreme and outrageous. These outrageously false and/or criminal claims and the wide variety of things that DEFENDANTS have done would prompt an average member of the community to exclaim “outrageous!”
  7. The activities of DEFENDANTS have been so extreme that it has gone well beyond all possible bounds of decency, and it must be regarded as atrocious and utterly intolerable in a civilized society. All of the acts of DEFENDANTS taken together amount to the type of extreme conduct that qualifies as intentional infliction of emotional distress.
  8. The conduct of Defendants caused the distress.
  9. The distress caused was severe emotional distress to the PLAINTIFF. The outrageous harassment, lies, libel, slander, and defamation are bad alone, but the effect on the PLAINTIFF’s mental health has been severe.
  10. There are no alternative causes of action that would provide a remedy for the severe emotional distress caused by DEFENDANTS’ conduct that does not meet whatever standard the Court decides is appropriate for defamation.

 

CLAIM FOR RELIEF #4 — 18 U.S.C. § 1962(c) – Violation of Federal Civil RICO Act

  1. The allegations in the paragraphs above are incorporated herein by reference as if set forth in full.
  2. The conduct of DEFENDANTS violates the Federal Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1962(c) (“Federal RICO”).
  3. DEFENDANTS, individually and in conspiracy with one another, are all RICO persons who violated RICO by engaging in (1) “racketeering activity,” (2) conducted through a “pattern,” (3) affecting an “enterprise,” (4) impacting interstate commerce. DEFENDANTS also violated 18 USC §1962(d) by conspiring as alleged herein to violate 18 USC §1962(c). All of DEFENDANTS’ predicate acts have a similar purpose – to damage the PLAINTIFF – all have similar victims, the PLAINTIFF, all have had similar results, and the methods of commission have been virtually identical.
  4. Racketeering Activity included violations of section 1503 (relating to obstruction of justice), and other sections.
  5. A number of crimes were committed by DEFENDANTS. Interstate crimes of wire fraud, obstruction of justice, and criminal conspiracy were committed between the District of Columbia, South Dakota, and Florida.
  6. DEFENDANTS knowingly devised or participated in a scheme to defraud the PLAINTIFF and did so willingly with an intent to defraud. The activity engaged in consists of two or more predicate acts of racketeering activity, the most recent of which occurred within hours after the commission of a prior act.
  7. The DEFENDANTS committed violations of Federal RICO and RICO Conspiracy – 18 U.S.C. § 1961 et seq. Respondeat superior (principal is liable for agents’ misconduct: knowledge of, participation in, and benefit from a RICO enterprise). In addition to the substantive offenses listed in 18 U.S.C. § 1961, a criminal conspiracy to commit these offenses is a RICO predicate act.

 

CLAIM FOR RELIEF #5 — Violation of Federal RICO Conspiracy Offense — 18 USC § 1962(d)

 

  1. The allegations in the paragraphs above are incorporated herein by reference as if set forth in full.
  2. The DEFENDANTS, in some way or manner, came to mutual understandings to try to accomplish a common and unlawful plan as described herein. The mutual understanding was to break the law. The DEFENDANTS willfully became members of such conspiracy.
  3. During the existence of the conspiracy, various DEFENDANTS knowingly violated the Federal RICO Act. These violations were knowingly committed in an effort to carry out or accomplish some object of the conspiracy.
  4. The conspiracy was designed to deprive the PLAINTIFF of Constitutional rights and legal rights and to deceive the courts to obtain an illegal objective. Each of the DEFENDANTS is responsible as a joint tortfeasor for all damages ensuing from the wrongs. Respondeat superior (principal is liable for agents’ misconduct: knowledge of, participation in, and benefit from a RICO enterprise).  The predicate acts are identified herein, and those paragraphs are incorporated herein by reference as if set forth in full.

 

CLAIM FOR RELIEF #6 — Violation of Due Process and Deprivation of Rights — 42 U.S.C. § 1985(2)

 

  1. The allegations in the paragraphs above are incorporated herein by reference as if set forth in full.
  2. HARRIS, GARNER, and UNIDENTIFIED DOES conspired for the purpose of impeding, hindering, obstructing, and/or defeating, in any manner, the due course of justice with intent to deny PLAINTIFF due process and to injure him while attempting to enforce his right to self-representation, and this violated the equal protection of the laws.. HARRIS, GARNER, and UNIDENTIFIED DOES have violated 42 U.S.C. § 1985(2). The PLAINTIFF was damaged as a result.

 

CLAIM FOR RELIEF #5 — Violation of Constitutional Rights

 

  1. The allegations in the paragraphs above are incorporated herein by reference as if set forth in full.
  2. DEFENDANTS had a Constitutional duty to the PLAINTIFF.  They breached their Constitutional duties to the PLAINTIFF through action and inaction.  This caused damage to the PLAINTIFF.
  3. The PLAINTIFF brings this action against HARRIS and GARNER, pursuant in part to 28 U.S. C. § 1331, in claims arising from violations of federal constitutional rights guaranteed in the First, Fifth, Sixth, Eighth, Ninth and Fourteenth Amendments to the U.S. Constitution and redressable pursuant to Bivens v. Six Unknown Narcotics Agents 403 U.S. 388 (1971). HARRIS and GARNER subjected the PLAINTIFF to deprivation of rights, privileges, or immunities secured by the Constitution and laws.
  4. HARRIS and GARNER’s actions are non-judicial, and there is no immunity. The PLAINTIFF has been damaged.  The PLAINTIFF prays for monetary damages against HARRIS and GARNER based upon violations of federal Constitutional rights pursuant to Bivens.

 

 

CLAIM FOR RELIEF #6 — Fraud

 

  1. The allegations in the paragraphs above are incorporated herein by reference as if set forth in full.
  2. Defendants intentionally misstated material facts, omitted material facts, and made false representations. Defendants knew they made false statements or omitted material facts, or they had a reckless disregard for the truth.  The PLAINTIFF and the courts relied upon the intentional misstatements and/or omission of material facts.  Defendants committed fraud.  The PLAINTIFF was damaged as a result. Respondeat superior (principal is liable for agents’ misconduct).

 

 

CLAIM FOR RELIEF #7 — Common Law Fraud

 

  1. The allegations in the paragraphs above are incorporated herein by reference as if set forth in full.
  2. Defendants misrepresented material facts. These Defendants had knowledge of the falsity.  Their intent was that the representations would be acted upon by people ignorant of the falsity, relied on the truth of the representations, and had a right to rely upon it.
  3. Respondeat superior (principal is liable for agents’ misconduct). The PLAINTIFF was damaged as a result.

 

 

CLAIM FOR RELIEF #8 — Violation of Pro Se Rights

 

  1. The allegations in the paragraphs above are incorporated herein by reference as if set forth in full.
  2. Pro se parties are a minority class of people. The PLAINTIFF objects to the treatment of pro se parties in state and federal courts.  The PLAINTIFF, Pro Se, has been repeatedly denied rights and abused.  Judges and judicial officers have violated the Constitutional rights of the PLAINTIFF and other pro se parties.

 

CLAIM FOR RELIEF #9 — Constitutional and Civil Rights Pursuant to 42 U.S.C. § 1983, 1988 — Violation of First, Fifth, and Fourteenth Amendment Rights

 

  1. The PLAINTIFF incorporates all other paragraphs of this Complaint for purposes of this claim.
  2. The PLAINTIFF was denied due process and his rights were violated when filings were not filed or considered.
  3. The PLAINTIFF was denied access to a court to seek redress of grievances.
  4. Defendants directly participated in the infraction, after learning of it, failed to remedy the wrong, and created a policy or custom under which unconstitutional practices occurred or allowed such policy or custom to continue.
  5. As a direct result of the actions, statements and / or policies of the Defendants, the PLAINTIFF suffered an unconstitutional deprivation of his rights under the First, Fifth, and Fourteenth Amendments to the U.S. Constitution.
  6. Defendants acted intentionally and with callous disregard for the PLAINTIFF’s known statutory and Constitutional rights.
  7. As a direct and proximate result of Defendants’ unlawful actions, the PLAINTIFF has suffered, and will continue to suffer, severe and substantial damages. These damages include lost income, lost career and business opportunities, litigation expenses including attorney fees, loss of reputation, humiliation, embarrassment, inconvenience, mental and emotional anguish, and distress.

 

 

CLAIM FOR RELIEF #10 — Violation of Fourth Amendment Failure to Train and Supervise — 42 U.S.C. § 1983

 

  1. The PLAINTIFF incorporates all other paragraphs of this Complaint for purposes of this claim.
  2. The Defendants’ immediate supervisors, had a duty to train and supervise them to ensure they were not engaging in conduct that violated the civil rights of citizens like the PLAINTIFF.
  3. Instead of carrying out this duty, Defendants chose to encourage the misconduct of needless escalation and aggression witnessed by the Defendants against the PLAINTIFF in this case.
  4. DefendantS’ use of excessive force and their illegal seizure and assault upon the PLAINTIFF was the direct result of their supervisor’s deliberate indifference to the civil rights of citizens and of disabled citizens in particular, and his repeated failure and refusal to intervene to supervise, train, or otherwise put a stop to such misconduct.
  5. All of the acts described herein were done by Defendants intentionally, knowingly, willfully, wantonly, maliciously, and recklessly in disregard for the PLAINTIFF’s federally protected rights, and they were done pursuant to the pre-existing and ongoing deliberately indifferent customs, policies and practices of the Clerk of Court, under color of law.
  6. Upon information and belief, the Clerk of Court’s customs and practices of unlawful conduct (and failures to train/supervise to prevent the same) proximately causing the harms described herein to the PLAINTIFF.
  7. Upon information and belief, it is the custom and practice at the Clerk of Court’s Office of the United States Supreme Court to regularly violate the civil rights of citizens like the PLAINTIFF and intentionally, knowingly, willfully, wantonly, maliciously, and recklessly operate in disregard for the PLAINTIFF’s federally protected rights;
  8. Upon information and belief, it is the custom and practice at the Clerk of Court’s Office to try and cover-up and justify such wrongdoing.
  9. Upon information and belief, it is the custom and practice by the Clerk of Court to refuse to discipline its employees for misconduct and to refuse to ever find its employees have engaged in wrongdoing, in the face of obvious and repeated constitutional violations, which resulted in a foreseeable culture of dishonesty and silence in the face of ongoing and repeated civil rights violations.
  10. The unlawful conduct of Defendants as set forth in detail herein, amounts to a custom and well-settled, widespread overall practice of fraud and corruption deliberately insulated from law enforcement accountability, throughout the Defendants, even if not authorized by written law or express municipal policy, and is so permanent and well-settled as to constitute a custom or usage with the force of law.
  11. Through the Defendants’ continuous ratification of unconstitutional actions and inactions, Defendants have condoned and become the driving force of the Defendants’ unconstitutional conduct.
  12. Defendants failed to properly train and supervise its employees to avoid their foreseeable use of unconstitutional conduct.
  13. Defendants’ policies, customs, and practices in failing to properly train and supervise its employees were the moving force and proximate cause of the violations to the PLAINTIFF’s constitutional rights.
  14. The custom, policy, and practice of Defendants of encouraging, condoning, tolerating, and ratifying the unconstitutional conduct, as described herein, were the moving force behind and the proximate cause of, the violations to the PLAINTIFF’s Constitutional rights.
  15. Upon information and belief, Defendants have been deliberately obfuscatory and in other litigation involving claims against its officers, has made concerted efforts to withhold, destroy, conceal and delay the release of documents and correspondence that relate to the unconstitutional policies, customs, and practices set forth above, and which also evidence Defendants’ unconstitutional practices, customs, failures to train, and supervise Defendant officers as set forth above.
  16. The acts or omissions of Defendants caused the PLAINTIFF to suffer physical and mental pain, among other injuries, damages, and losses.
  17. The actions and omissions of Defendants as described herein deprived the PLAINTIFF of the rights, privileges, liberties, and immunities secured by the Constitution of the United States of America and caused his other damages.

 

CLAIM FOR RELIEF #11 — Constitutional and Civil Rights Pursuant to 42 U.S.C. § 1983, 1988 — Violation of Fifth and Fourteenth Amendment Rights

 

  1. The PLAINTIFF hereby incorporates all other paragraphs of this Complaint as if fully set forth herein.
  2. The PLAINTIFF was denied due process and his rights were violated when Defendants gave false information to WINDSOR and judges.
  3. Defendants acted intentionally and with callous disregard for the PLAINTIFF’s known statutory and Constitutional rights.
  4. As a direct and proximate result of Defendants’ unlawful actions, the PLAINTIFF has suffered, and will continue to suffer, severe and substantial damages. These damages include lost income, lost career and business opportunities, litigation expenses including attorney fees, loss of reputation, humiliation, embarrassment, inconvenience, mental and emotional anguish, and distress.

 

CLAIM FOR RELIEF #12 — Monell Claim

 

  1. The PLAINTIFF hereby incorporates all other paragraphs of this Complaint as if fully set forth herein.
  2. At all relevant times herein, the Clerk of Court’s Office developed, implemented, enforced, encouraged, and sanctioned de facto policies, practices, and/or customs exhibiting deliberate indifference to the PLAINTIFF’s Constitutional rights which caused the violation of such rights.
  3. Defendants ‘ unlawful actions were done willfully, knowingly, and with the specific intent to deprive the PLAINTIFF of his Constitutional rights under the Fifth and Fourteenth Amendments to the U.S. Constitution.
  4. The Constitutional abuses and violations of the Clerk of Court’s Office, were and are directly and proximately caused by policies, practices and/or customs developed, implemented, enforced, encouraged and sanctioned by Defendants, including the failure: (a) to adequately supervise and train its officers and agents, including the Defendants, thereby failing to adequately discourage further Constitutional violations on the part of its Clerk of Court’s Office, and their employees; (b) to properly and adequately monitor and discipline its employees, including Defendants; and (c) to adequately and properly investigate citizen complaints of misconduct, and, instead, acts of misconduct were tolerated.
  5. Upon information and belief, Defendants acting through its Clerk of Court’s Office, developed, implemented, enforced, encouraged, and sanctioned a de facto policy, practice, and/or custom of unlawfully interfering with and/or arresting, without reasonable suspicion or probable cause, individuals who exercise their rights under the First Amendment by engaging in monitoring and documenting law enforcement and judicial misconduct.
  6. Defendants’ unlawful actions were done willfully, knowingly, and with the specific intent to deprive the PLAINTIFF of his Constitutional rights under the Fifth and Fourteenth Amendments to the U.S. Constitution.
  7. The PLAINTIFF has no adequate remedy at law and will suffer serious and irreparable harm to his Constitutional rights unless Defendants are enjoined from continuing their unlawful policies, practices, and/or customs which have directly and proximately caused such Constitutional abuses.
  8. Defendants acted intentionally and with callous disregard for the PLAINTIFF’s known statutory and Constitutional rights.
  9. As a direct and proximate result of Defendants’ unlawful actions, the PLAINTIFF has suffered, and will continue to suffer severe and substantial damages. These damages include lost income, lost career and business opportunities, litigation expenses including attorney fees, loss of reputation, humiliation, embarrassment, inconvenience, mental and emotional anguish, and distress.

 

CLAIM FOR RELIEF #13 — CIVIL CONSPIRACY

 

  1. The PLAINTIFF hereby incorporates all other paragraphs of this Complaint as if fully set forth herein.
  2. Defendants conspired to damage the PLAINTIFF.
  3. Defendants formed and operated the conspiracy. The object to be accomplished was to defame, libel, slander, harass, cyberstalk, invade his privacy, falsely charge the PLAINTIFF with felonies, cause emotional distress, invade his privacy, and damage him. Evidence shows that Defendants had a meeting of the minds and actively worked together toward this objective.
  4. Multiple unlawful, overt acts were committed. There was specific intent to agree to accomplish an unlawful purpose or to accomplish a lawful purpose by unlawful means.  The conspiracy occurred in the District of Columbia.  The act in, and effect on, the District of Columbia was a direct and foreseeable result of the conduct in furtherance of the conspiracy.
  5. There are underlying torts that support the conspiracy cause of action.
  6. Damage resulted to the PLAINTIFF from acts done in furtherance of the common design. The PLAINTIFF has been caused pain and suffering, emotional distress, lost enjoyment of life, loss of his marriage, damage to his relationship with his family, severe damage to his reputation, damage to his career, and more.  The PLAINTIFF’s business relationships have been severely damaged.
  7. The PLAINTIFF’s reputation is now sullied by false, defamatory information online. This defamation likely can never be erased because it is breeding in cyberspace.
  8. There was extreme risk by Defendants as there was not a remote possibility of injury or even a high probability of minor harm, but rather the likelihood of serious injury to the PLAINTIFF.
  9. Actual awareness existed because Defendants knew about the peril, but their acts demonstrated they did not care.
  10. Some Defendants aided and abetted the conspiracy and underlying torts.

 

 

CLAIM FOR RELIEF #14 — EXEMPLARY AND PUNITIVE DAMAGES

 

  1. The PLAINTIFF hereby incorporates all other paragraphs of this Complaint as if fully set forth herein.
  2. Defendants acted intentionally to damage the PLAINTIFF.
  3. Defendants committed fraud, malice, and gross negligence. This isn’t the case of someone slipping up and making one false statement.  The actions of Defendants were deliberate.
  4. Conduct of Defendants, as described above, is willful, wanton, wicked, intentional, and malicious resulting from fraud, insult, and malice, and it is associated with aggravating circumstances, including willfulness, wantonness, malice, oppression, outrageous conduct, insult, and fraud, thus warranting the PLAINTIFF’s recovery of punitive damages from each of the Defendants.
  5. The entire want of care by the Defendants shows that the acts complained of were the result of conscious indifference to the rights or welfare of the PLAINTIFF.
  6. The PLAINTIFF should receive an award of punitive/exemplary damages. Exemplary damages serve to provide the claimant with recovery above and beyond compensatory damages in order to punish the wrongdoers for egregious conduct and to deter the wrongdoers and others from similar conduct in the future.
  7. Since the PLAINTIFF’s damages can never be erased in this case; there is no amount of money that could compensate the PLAINTIFF for the loss of life as he knew it; there is no amount of money to compensate a decent, honest, law-abiding citizen for the destruction of his reputation.

 

 

CLAIM FOR RELIEF #15 — INJUNCTIVE RELIEF

 

  1. If not enjoined by this Court, Defendants and their agents, representatives, and employees will continue to implement similar policies and practices that deny citizens their Constitutional rights without due process, violate their right to equal protection of the laws, and deprive people of the privileges or immunities of citizenship. This course of conduct will cause citizens to suffer irreparable injury, including but not limited to, loss of business opportunities and the deprivation of their livelihoods.  Citizens have no plain, speedy, and adequate remedy at law for such an injury.  Accordingly, injunctive relief pursuant to 42 U.S.C. § 1983 and other authority is appropriate.

 

CLAIM FOR RELIEF #16 — RICO RELIEF

 

  1. The PLAINTIFF asks that this Court liberally construe the RICO laws and thereby find that all Defendants, both jointly and severally, have acquired and maintained, both directly and indirectly, an interest in and/or control of a RICO enterprise of persons and of other individuals who were associated in fact, all of whom engaged in, and whose activities did affect, interstate and foreign commerce in violation of 18 U.S.C. § 1962(c); that all Defendants be required to account for all gains, profits, and advantages derived from their several acts of racketeering activity in violation of 18 U.S.C. § 1962(c) and from all other violation(s) of applicable State and federal law(s); that judgment be entered for the PLAINTIFF and against all Defendants for the PLAINTIFF’s actual damages, and for any gains, profits, or advantages attributable to all violations of 18 U.S.C. § 1962(c); that all Defendants pay to the PLAINTIFF treble (triple) damages, under authority of 18 U.S.C. § 1964(c), for any gains, profits, or advantages attributable to all violations of 18 U.S.C. § 1962(c), according to the best available proof; that all Defendants pay to the PLAINTIFF all damages sustained by the PLAINTIFF in consequence of Defendants’ several violations of 18 U.S.C. § 1962(c); that all Defendants pay to the PLAINTIFF his costs of the lawsuit incurred herein including, but not limited to, all necessary research, all non-judicial enforcement, and all reasonable counsel’s fees; that all damages caused by all Defendants, and all gains, profits, and advantages derived by all Defendants, from their several acts of racketeering in violation of 18 U.S.C. § 1962(c) and from all other violation(s) of applicable State and federal law(s), be deemed to be held in constructive trust for the benefit of the PLAINTIFF, his heirs and assigns; that the PLAINTIFF has such other and further relief as this Court deems just and proper, under the circumstances of this action; that Defendants have conspired to acquire and maintain an interest in, and/or conspired to acquire and maintain control of, a RICO enterprise engaged in a pattern of racketeering activity in violation of 18 U.S.C. §§ 1961(5), 1962(c) and (d); that Defendants have conspired to conduct and participate in said RICO enterprise through a pattern of racketeering activity in violation of 18 U.S.C. §§ 1961(5), 1962(c) and (d); that all Defendants be required to account for all gains, profits, and advantages derived from their several acts of racketeering in violation of 18 U.S.C. § 1962(d) and from all other violation(s) of applicable State and federal law(s); that judgment be entered for the PLAINTIFF and against all Defendants for the PLAINTIFF’s actual damages, and for any gains, profits, or advantages attributable to all violations of 18 U.S.C. § 1962(d); that all Defendants pay to the PLAINTIFF treble damages, under authority of 18 U.S.C. § 1964(c), for any gains, profits, or advantages attributable to all violations of 18 U.S.C. § 1962(d); that all Defendants pay to the PLAINTIFF all damages sustained by the PLAINTIFF in consequence of Defendants’ several violations of 18 U.S.C. § 1962(d); that all Defendants pay to the PLAINTIFF his costs of the lawsuit incurred herein including, but not limited to, all necessary research, all non-judicial enforcement, and all reasonable counsel’s fees; and that all damages caused by all Defendants, and all gains, profits, and advantages derived by all Defendants, from their several acts of racketeering in violation of 18 U.S.C. § 1962(d) and from all other violation(s) of applicable State and federal law(s), be deemed to be held in constructive trust for the benefit of the PLAINTIFF, his heirs and assigns.

 

 

CLAIM FOR RELIEF #17 — Violations of Title II of Americans With Disabilities Act — 42 U.S.C. § 12101-12213

 

  1. All preceding paragraphs of this Complaint are incorporated here for purposes of this Claim.
  2. Title II of the ADA prohibits public entities from discrimination on the basis of a disability.
  3. The DEFENDANTS failed to provide modifications or reasonable accommodations to the PLAINTIFF in light of his disabilities, and the Clerk of Court HARRIS failed to adopt policies and procedures, or adequately train his staff to safely interact with people who suffer such disabilities.
  4. Some reasonable accommodations for a litigant functioning alone with Cognitive Decline and use of only one hand while traveling a thousand miles from home is to allow recording, provide all communications in writing, and communicate by email for the fastest possible delivery.
  5. Unlawful discrimination, pursuant to DOJ regulation, includes a failure to make “reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability.” 28 C.F.R. 35.130(b)(7).
  6. As a proximate result of actions of the DEFENDANTS, the PLAINTIFF was injured, suffered physically and emotionally, has been unable to comply with requests of the Clerk of Court, and continues to experience fear, trauma, and anxiety.
  7. As a result of the DEFENDANTS’ violations of Title II of the ADA, the PLAINTIFF is entitled to compensatory damages.

 

  1. INJURIES

 

________________________________________________________________

 

  1. RELIEF

 

PRAYER FOR RELIEF

WHEREFORE, Windsor respectfully requests that this Court enter judgment in his favor and against the Defendants:

  1. that this COMPLAINT be granted;
  1. Appropriate declaratory and injunctive relief regarding the unlawful and unconstitutional acts and practices of the Defendants;

 

  1. Compensatory and consequential damages, including damages for emotional distress, humiliation, loss of enjoyment of life, loss of liberty, privacy, sense of security and individual dignity, and other pain and suffering on all claims allowed by law;

 

  1. Appropriate equitable relief against all Defendants as allowed by the Civil Rights Act of 1871, 42 U.S.C. § 1983, including the enjoining and permanent restraining of these violations, and direction to Defendants to take such affirmative action as is necessary to ensure that the effects of the unconstitutional and unlawful practices are eliminated and do not continue to affect the PLAINTIFF or others;

 

  1. All economic losses and damages on all claims allowed by law to be established at trial;

 

  1. Punitive damages on all claims allowed by law and in an amount to be determined at trial;

 

  1. that an order be issued confirming if there was a Conference of the nine justices in Case No. 22-7648;

 

  1. that an order be issued reflecting the Due Process Notice and Service by Clerk of the Court, Scott S. Harris, on parties in Case No. 22-7648 of the valid record of the decision of the Petition by the Court;

 

  1. that the Opinion of the Court in Case No. 22-7648 be provided;

 

  1. that the vote of each Justice be indicated in Case No. 22-7648;

 

  1. that the Motion for Rehearing be docketed pursuant to Due Process;

 

  1. that an order be issued that WINDSOR must be served and communicated with at windsorinsouthdakota@yahoo.com;

 

  1. that this Motion be granted – motion TO REQUIRE confirmation OF A Conference of the nine justices in Case No. 22-7648 and ISSUANCE OF AN Order SO CONFIRMING; order reflecting the valid record of the decision of the Petition by the Court in Case No. 22 7648, the Due Process Notice, and Service by Clerk of the Court, Scott S. HARRIS, of OPINION in Case No. 22-7648 on EACH partY; RECORD OF VOTES BY EACH JUSTICE in Case No. 22-7648; ORDER THAT the Motion for Rehearing be docketed pursuant to Due Process; that this Motion DATED NOVEMBER 27, 2023 be docketed pursuant to Due Process; that Windsor be provided copies of all court records in the internal case management system of SCOTUS under Case No. 22-7648 AT NO charge, including all audit data; AND if Case No. 22-7648 was not heard in Conference, that this Court file criminal charges against Scott S. HARRIS be docketed pursuant to Due Process; that Windsor be provided copies of all court records in the internal case management system of SCOTUS under Case No. 22-7648, at no charge, including all audit data; that Windsor be provided copies of letters and orders issued in every case considered in Conference since 02/01/2008; that if Case No. 22-7648 was not heard in Conference, that this Court file criminal charges against Scott S. Harris;

 

  1. Issuance of an Order mandating appropriate equitable relief, including, but not limited to: (1) The imposition of policy changes designed to avoid future similar misconduct by Defendants; (2) Mandatory training designed to prevent future similar misconduct by Defendants;

 

  1. Pre- and post-judgment interest at the lawful rate; and

 

  1. Any further relief to which PLAINTIFF may show himself justly entitled.

 

Submitted this 26th day of December 2023,

 

 

WILLIAM MICHAEL WINDSOR,

Self-Represented Litigant, Pro Se

Member of the American Association of Non-Lawyers

5013 S Louise Ave #1134

Sioux Falls, South Dakota 57108

352-###-####

WindsorInSouthDakota@yahoo.com

 

VERIFICATION

In accordance with 28 U.S.C.§1746, I declare under penalty of perjury that the foregoing is true and correct based upon my personal knowledge, except as to the matters herein stated to be alleged on information and belief, and that as to those matters, I believe them to be true.

FURTHER SAITH AFFIANT NOT.

This 26th day of December 2023,

 

WILLIAM MICHAEL WINDSOR,

Self-Represented Litigant, Pro Se

Member of the American Association of Non-Lawyers

5013 S Louise Ave #1134

Sioux Falls, South Dakota 57108

352-###-####

WindsorInSouthDakota@yahoo.com

CERTIFICATE OF COMPLIANCE

I hereby certify that this COMPLAINT has been prepared in Times New Roman 12-point font, one of the font and point selections approved by this Court and meets the requirements of this Court.

This 26th day of December 2023,

WILLIAM MICHAEL WINDSOR,

Self-Represented Litigant, Pro Se

Member of the American Association of Non-Lawyers

5013 S Louise Ave #1134

Sioux Falls, South Dakota 57108

352-###-####

WindsorInSouthDakota@yahoo.com

 

DISCLOSURE STATEMENT

WINDSOR is a private individual.  He is not a nongovernmental corporation so a corporate disclosure statement is not appropriate or required by Rule 7.1.

This 26th day of December 2023,

 

WILLIAM MICHAEL WINDSOR,

Self-Represented Litigant, Pro Se

Member of the American Association of Non-Lawyers

5013 S Louise Ave #1134

Sioux Falls, South Dakota 57108

352-###-####

WindsorInSouthDakota@yahoo.com

CERTIFICATE OF SERVICE

I, William Michael Windsor, do swear that on this date, December 26, 2023, I have served the enclosed COMPLAINT on the DEFENDANTS in the above proceeding or their counsel, and on every other person required to be served, by depositing an envelope containing the above documents in the United States mail properly addressed to each of them and with first-class postage prepaid, or by delivery to a third-party commercial carrier for delivery within 3 calendar days.

The names and addresses of those served are as follows:

Name:                       Scott S. Harris

Address:                    Supreme Court of the United States

Office of the Clerk

Washington, DC 20543-0001

Telephone:                202-479-3025

Email:                        pio@supremecourt.gov

 

Name:                       Rashonda Garner

Address:                    Supreme Court of the United States

Office of the Clerk

Washington, DC 20543-0001

Telephone:                202-479-3025

Email:                        PMcCabe@supremecourt.gov

 

This 26th day of December 2023,

 

WILLIAM MICHAEL WINDSOR,

Self-Represented Litigant, Pro Se

Member of the American Association of Non-Lawyers

5013 S Louise Ave #1134

Sioux Falls, South Dakota 57108

352-###-####

WindsorInSouthDakota@yahoo.com

 

REQUEST FOR TRIAL BY JURY

 

THE PLAINTIFF REQUESTS TRIAL BY JURY ON ALL ISSUES SO TRIABLE.

 

This 26th day of December 2023,

 

_______________________________
WILLIAM MICHAEL WINDSOR
,

Self-Represented Litigant, Pro Se

Member of the American Association of Non-Lawyers

5013 S Louise Ave #1134

Sioux Falls, South Dakota 57108

352-###-####

WindsorInSouthDakota@yahoo.com

Crazy Judge Dan L. Schaap – Hunter Tyler Schreck Legal Update – 11-29-2021

 

crazy are you crazy cropped 200h

Is Judge Dan L. Schaap aka “Big Chief” crazy? It has been a very busy week in the case of Hunter Tyler Schreck’s case. Hunter was almost murdered on June 24, 2020 by as many as 15 Amarillo, Texas Police officers and civilians. Hunter had done absolutely nothing. Judge Daniel Leon Schaap has just issued one of the craziest orders I have ever seen.

Judge Dan L. Schaap issued a CRAZY ORDER order asking the Randall County District Attorney if he had an objection to the termination of Hunter Schreck’s corrupt court-appointed attorney. Seriously. This guy has to be nuts. The prosecuting attorney has no say in who a criminal defendant chooses to use. The court-appointed attorney works for and is paid by Randall County.

crazy are you crazy


This is the CRAZY JUDGE — Judge Dan L. Schaap aka Judge Daniel Leon Schaap aka Leon aka Big Chief:

 

Schaap Judge Dan 900w
                Judge Dan L. Schaap — BIG CHIEF


BILL WINDSOR COMMENT: Judge Dan L. Schaap is the lowest of low-life judges. I’ve dealt with or been aware of thousands of corrupt judges, but they’re usually just dishonest a$$hole$. Judge Dan L. Schaap is trying to murder a disabled boy. I hope there is a very special place in Hell for Judge Dan L. Schaap.

Marcie Schreck has filed a Motion in response to the CRAZY ORDER:

COMES NOW THE DEFENDANT, Hunter Tyler Schreck (“Hunter” or “DEFENDANT”) through Marcie Schreck and William M. Windsor, who have his power of Attorney for all legal matters, and hereby files this Motion to Strike Order Setting Hearing by Submission (“MOTION”).  There is no legal basis for this MOTION.

1.                  On 11/23/2021, Judge Dan L. Schaap signed the ORDER SETTING HEARING BY SUBMISSION (“ORDER”). [EXHIBIT 389.] 

2.                  JUDGE DAN L. SCHAAP DOES NOT HAVE JURIDICTION BECAUSE JUDGE ANA ESTEVEZ HAS GIVEN PLENARY JURISDICTION TO JUDGE KENT SIMS.

3.                  The ORDER OF ASSIGNMENT granted plenary power to Judge Kent Sims. [EXHIBIT 317.] 

4.                  A plenary power or plenary authority is a complete and absolute power to take action, with no limitations.

5.                  JUDGE DAN L. SCHAAP HAS NO JURISDICTION BECAUSE THERE ARE TWO MOTIONS TO DISQUALIFY PENDING AGAINST HIM, AND THE 11/18/2021 HEARING IS VOID.

6.                  Case law requires that the disqualification hearing must be an evidentiary hearing.  Judge Kent Sims denied evidence.  He refused to swear in Marcie Schreck.

“Judge Brown did not afford Durden an evidentiary hearing on his motion to disqualify/recuse; therefore, we conditionally grant the petition in part and direct
Judge Brown to vacate his ‘Order on Motion to Recuse and Jeopardy Motion for Dismissal.’…” (In re State ex rel. Durden, 587 S.W.3d 78 (Tex. App. 2019).)

“On appeal, Sanchez complains that an evidentiary hearing was mandatory under TEX.R.CIV.P. 18a once the recusal motion was referred to the administrative
judge. We agree.” (Sanchez v. State, 926 S.W.2d 391 (Tex. App. 1996).)

“Sanchez complains that an evidentiary hearing was mandatory under TEX.R.CIV.P. 18a once the recusal motion was referred to the administrative judge. We
agree.”  (Sanchez v. State, 927 S.W.2d 195 (Tex. App. 1996).)

“Accordingly, the respondent abused his discretion in disqualifying Zayas without notice and an evidentiary hearing.” (In re Lopez, 286 S.W.3d 408 (Tex. App.
2008).)

“…the only order the trial court had authority to enter after it refused to recuse itself was an order of referral. State ex rel. Millsap, 692 S.W.2d at 481. Because
the trial court neither granted the motion to recuse nor referred the matter to the presiding judge, any other order made thereafter was void.” (Crawford v.
State
, 807 S.W.2d 597 (Tex. App. 1991).)

7.                  THERE IS NO LEGAL AUTHORITY TO ALLOW THE DISTRICT ATTORNEY TO OBJECT TO OR OPPOSE THE WITHDRAWAL OF A COURT-APPOINTED DEFENSE ATTORNEY WHO WAS TERMINATED MONTHS AGO.

8.                  Brooks Barfield has begged to withdraw. [EXHIBIT 310.] [EXHIBIT 311.]

9.                  The DEFENDANT has filed motions to dismiss Brooks Barfield as he was terminated on October 12, 2021. [EXHIBIT 2.]  [EXHIBIT 16.] [EXHIBIT 188.]

10.              JUDGE DAN L. SCHAAP TOLD THE DEFENDANT AND MARCIE SCHRECK THAT HUNTER COULD TERMINATE BROOKS BARFIELD AT ANY TIME.

11.              The Zoom call was tape recorded.  EXHIBIT 134 is a transcript of the call.  EXHIBIT 297 is the Audio Recording.

12.              The DEFENDANT recorded a video for Judge Dan L. Schaap explaining that he does not want Brooks Barfield.  The DEFENDANT refuses to work with Brooks Barfield. [EXHIBIT 156 and EXHIBIT 157.] [EXHIBIT 377.] [EXHIBIT 392.]

13.              THE DEFENDANT HAS FILED A STATE BAR OF TEXAS GRIEVANCE AGAINST BROOKS BARFIELD, AND HE IS SEEKING HIS DISBARMENT.

14.              The Grievance was filed by Fax on 11/24/2021. [EXHIBIT 388.]

15.              Marcie Schreck is also seeking a protective order against Brooks Barfield. [EXHIBIT 308 and EXHIBIT 309.]

PRAYER FOR RELIEF

WHEREFORE, PREMISES CONSIDERED, the DEFENDANT prays that the Court strike the ORDER SETTING HEARING BY SUBMISSION; sign the order [EXHIBIT 188] removing Brooks Barfield from the case and order him to immediately deliver the case file and all evidence to HUNTER TYLER SCHRECK; order all filings received by the Clerk of Court to be docketed; enter an order recognizing that Marcie Schreck and William M. Windsor are authorized by Texas law Chapter 752 to represent HUNTER TYLER SCHRECK as his Attorney-in-Fact [EXHIBIT 400]; schedule a hearing on the Motion to Quash the Purported Indictments and Motion to Dismiss; schedule a hearing on the Motion for Discharge due to failure to provide a Speedy Trial; and for such other and further relief in connection therewith that is proper.

 

Photo Hunter Schreck and Marcie Schreck happier times 2015 CROPPED 640w
                      Hunter Tyler Schreck and Marcie Schreck BEFORE Hunter was almost murdered
and suffered a Traumatic Brain Injury

 

Marcie Schreck believes Judge Dan L. Schaap may be mentally ill.

There have been a lot of significant developments in the case of HUNTER TYLER SHRECK this week. It appears the CRAZY ORDER should lead to the removal of BROOKS BARFIELD, the clueless attorney of Amarillo. We are waiting with baited breath to see if Big Chief Dan L. Schaap recognizes the law that makes Marcie Schreck and Bill Windsor the Attorneys-in-Fact for Hunter Tyler Schreck.

If he does, it’s ramming speed!

If Big Chief Dan L. Schaap doesn’t schedule hearings on the Motion to Dismiss for Failure to Provide a Speedy Trial after 525 days and the Motion to Quash the Indictments, then it’s time for the Court of Appeals.

We have noticed many depositions. We have sent many demands for criminal investigations against the army of evildoers. We have been speaking with the top attorneys in the country who might like to make $20 million handling Hunter Schreck’s civil case. We have emailed the defendants in the civil case maaaany times. Marcie has been receiving wonderful help from Easter Seals. We have filed two Bar Association Complaints. We are prepared to file a Judicial Misconduct Complaint against Big Chief. We have done background checks on every potential defendant using MyLife’s 96-hour introductory trial special for $1. That’s how we managed to get Big Chief’s personal emails. 🙂

 

Marcie has had a lot of success getting chances for desperately-needed medical care for Hunter and Logan. She somehow is managing to get $15,000 in dental work done for Logan for FREE.

Stay tuned for more news from Big Chief. Maybe they are finally ready to give up and dismisss the case.


 

Other Articles about Hunter Tyler Schreck:

Hunter Tyler Schreck – a Disabled Young Man – has been Victimized by Police, District Attorney, and Pentecostal Church Members in Amarillo Texas

Just Like the Man who has Done Nothing Wrong by Hunter Tyler Schreck

Hunter Tyler Schreck Federal Lawsuit – Chapter 1

Hunter Tyler Schreck Federal Lawsuit – Chapter 2

Hunter Tyler Schreck Federal Lawsuit – Chapter 3

Hunter Tyler Schreck Federal Lawsuit – Chapter 4

Hunter Tyler Schreck Federal Lawsuit – Chapter 5

It’s the Belt — Secrets of the Clever Mom of Hunter Tyler Schreck

 

Beware of Brooks Barfield

 

Bar Grievance Against Brooks Barfield

 

Bar Grievance Against The D.A. Robert Love

 

Crazy Judge Dan L. Schaap ak BIG CHIEF

Copyright LawlessAmerica.com
Bill Windsor went to high school and college in Lubbock, Texas — just a short drive from Amarillo, Texas.  This gives him a special interest in exposing the scum in the area of the country he has loved so much. 


 

windsor bill 2012 09 28 cropped tight edited 200w

Bill Windsor

I, William M. Windsor, am not an attorney.  This website expresses my OPINIONS.   The comments of visitors or guest authors to the website are their opinions and do not therefore reflect my opinions.  Anyone mentioned by name in any article is welcome to file a response.   This website does not provide legal advice.  I do not give legal advice.  I do not practice law.   This website is to expose government corruption, law enforcement corruption, political corruption, and judicial corruption.   Whatever this website says about the law is presented in the context of how I or others perceive the applicability of the law to a set of circumstances if I (or some other author) was in the circumstances under the conditions discussed.  Despite my concerns about lawyers in general, I suggest that anyone with legal questions consult an attorney for an answer, particularly after reading anything on this website.  The law is a gray area at best.  Please read our  Legal Notice and Terms

 

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Hunter Tyler Schreck Legal Update – 11-22-2021

 

crazy are you crazy cropped 200h

Update since Hunter Tyler Schreck filed a Mega-Million federal lawsuit in Amarillo, Texas on 10/29/2021 for violation of his Constitutional rights. It has been a very busy week. Hunter was almost murdered on June 24, 2020 by as many as 15 Amarillo, Texas Police officers and civilians. Hunter had done absolutely nothing.

Hunter Schreck has filed his lawsuit pro se. He has named 58 Defendants and 100 John Doe Defendants (gangsters he will identify in discovery). Here is Civil Action No. 2-21CV-220-Z – Schreck v City of Amarillo, Et al. – Verified Complaint2-21CV-220-Z – Schreck v City of Amarillo, Et al. – Verified Complaint.

crazy are you crazy


On 10/28/2021, BROOKS BARFIELD sent Marcie Schreck notice of a “Show Cause Hearing” in the Randall County 47th Judicial District Court on 11/2/2021 at 1:30 p.m. [EXHIBIT 211.]  She was told by Billy Maples of Judy’s Bail Bonds that HUNTER’s bond would be revoked and he would be arrested if he wasn’t there.  Marcie Schreck checked the docket, and there was no hearing shown.

BILL WINDSOR COMMENT: There was no such hearing scheduled. Just one of the almost never-ending lies of BROOKS BARFIELD, Public Pretender and criminal.

On 10/28/2021 at 11:38 a.m., Marcie Schreck sent an email to BROOKS BARFIELD advising him to notify his malpractice carrier that a malpractice lawsuit was being filed against him. [EXHIBIT 208.]
On 10/28/2021 at 8:24 p.m., Marcie Schreck sent a CEASE-AND-DESIST notice by email to BROOKS BARFIELD. [EXHIBIT 207.] It said:

Mr. Barfield: Please CEASE AND DESIST.  Hunter, William, Logan, and I don’t ever want to hear from you again.  I thought that was made quite clear from earlier messages and filings. Once again:  Do not show up anywhere that Hunter and I are.  Do not contact us in any manner.  No email.  No mail.  No couriers.  No phone calls.  No visits.  No courthouse contact.  No telegrams.  No trick or treating.  NOTHING. CEASE AND DESIST. You have made threats to me.  I am asking the police to pursue criminal charges against you for what you have already done.  If you contact us again, we will go seek a STALKING, Harassment, and Cyber Terrorism Protective Order.  I am copying several people so they are aware of this. Marcie Schreck – Attorney-in-Fact for Hunter Tyler Schreck

On 10/29/2021, Marcie Schreck (“MOMMA SCHRECK”) filed the Verified Complaint with Alice in the Clerk’s Office of the United States District Court for the Northern District of Texas. She filed the Verified Complaint, a Civil Cover Sheet, a Certificate of Interested Persons, and a Statement of Inability to Afford Payment of Costs. She also delivered 58 Summons Foms for signature by the Clerk once In Forma Pauperis status is approved.

On 10/29/2021 and 10/30/2021, Marcie Schreck emailed a copy of the federal court Verified Complaint to BROOKS BARFIELD and the other defendants with known email addresses.

On 10/29/2021 at 8:27 a.m., Marcie Schreck received an email from Sandy Russell of Randall County that shows the federal court Verified Complaint to BROOKS BARFIELD and the other defendants with known email addresses was received. [EXHIBIT 209.]

On 10/31/2021, Billy Maples of Judy’s Bail Bonds texted Marcie Schreck at 10:11 a.m. with notice of a “Status Hearing” in the Randall County 47th Judicial District Court on 11/2021 at 1:30 pm.  Neither HUNTER nor Marcie Schreck knew anything about this.  He asked Marcie Schreck to confirm receipt.  He said: “Your attendance is required for this hearing.  When you arrive at court, you are required to text or call.  Then when the hearing is concluded, contact us again to report the outcome.  We also need a copy of any and all court documents that you received.  You can send them by email or text or by simply taking a photo of them and email.  I wish you the best outcome.”

On 11/1/2021 at 10:13 p.m., Marcie Schreck sent an email to BROOKS BARFIELD with instructions on what he must file and do since he had not exited from the case. Marcie Schreck included an order for Judge Dan L. Schaap to sign removing BROOKS BARFIELD.  [EXHIBIT 136.]  BROOKS BARFIELD has never filed these things or done anything.

On 11/1/2021 at 10:22 p.m., Marcie Schreck sent an email to BROOKS BARFIELD with instructions on what he must file and do since he had not exited from the case. Marcie Schreck included an order for Judge Dan L. Schaap to sign removing BROOKS BARFIELD.  [EXHIBIT 136.]  BROOKS BARFIELD has never filed these things or done anything.

On 11/1/2021 at 10:22 p.m., Marcie Schreck sent another email to BROOKS BARFIELD with instructions on what he must file and do since he had not exited from the case. Marcie Schreck included an order for Judge Dan L. Schaap to sign removing BROOKS BARFIELD.  [EXHIBIT 136.]  BROOKS BARFIELD has never filed these things or done anything.

On 11/1/2021 at 10:28 p.m., Marcie Schreck sent an email to Samantha Wilson of the BARFIELD Law Firm with instructions on what BROOKS BARFIELD must file and do since he had not exited from the case. Marcie Schreck included an order for Judge Dan L. Schaap to sign removing BROOKS BARFIELD.  [EXHIBIT 136.]  BROOKS BARFIELD has never filed these things or done anything.

On 11/2/2021 at 4:10 a.m., Marcie Schreck sent an email to Samantha Wilson of the BARFIELD Law Firm with instructions on what BROOKS BARFIELD must file and do since he had not exited from the case. Marcie Schreck included an order for Judge Dan L. Schaap to sign removing BROOKS BARFIELD.  [EXHIBIT 136.]  BROOKS BARFIELD has never filed these things or done anything.

On 11/2/2021 at 4:15 a.m., Marcie Schreck sent an email to BROOKS BARFIELD with instructions on what he must file and do since he had not exited from the case. included an order for Judge Dan L. Schaap to sign removing BROOKS BARFIELD.  [EXHIBIT 136.]  BROOKS BARFIELD has never filed these things or done anything.

On 11/2/2021 at 4:19 a.m., Marcie Schreck sent an email to BROOKS BARFIELD with instructions on what he must file and do since he had not exited from the case. Marcie Schreck included an order for Judge Dan L. Schaap to sign removing BROOKS BARFIELD.  [EXHIBIT 136.]  BROOKS BARFIELD has never filed these things or done anything.

On 11/2/2021 at 4:28 a.m., Marcie Schreck sent an email to BROOKS BARFIELD with instructions on what he must file and do since he had not exited from the case. Marcie Schreck included an order for Judge Dan L. Schaap to sign removing BROOKS BARFIELD.  [EXHIBIT 136.]  BROOKS BARFIELD has never filed these things or done anything.

On 11/2/2021 at 8:56 a.m., BROOKS BARFIELD filed a MOTION TO WITHDRAW AS COUNSEL.” [EXHIBIT 163.]  It says: “Good cause exists for withdrawal as counsel in that Movant is unable to effectively communicate with Hunter Schreck so as to be able to adequately represent Defendant. Hunter Schreck no longer desires that Movant represent him and desires to be self-represented or “pro se.” Defendant and Defendant’s mother (Marcie Schreck) has filed a frivolous law suit in Federal Court cause number2-21CV-220-Z.”

On 11/2/2021, Billy Maples of Judy’s Bail Bonds texted Marcie Schreck to ask if she received his message regarding the “Status Hearing” today.  Marcie Schreck responded “Yes.”  Marcie Schreck informed him that HUNTER is bedridden, but she is going, armed to the teeth with lots of filings.  Marcie Schreck thanked him and asked whether this was a Status or Show Cause hearing.  Billy Maples responded: “Call me please.”  Marcie Schreck asked him to call her to confirm that BROOKS BARFIELD was no longer HUNTER’s attorney.

On 11/2/2021, Billy Maples of Judy’s Bail Bonds called Marcie Schreck.  He told her that if HUNTER did not come to the Status Hearing, he will revoke the bond, and if he doesn’t, then Judge Dan L. Schaap will do it for him, put a warrant out for his arrest, rearrest HUNTER, and put him back in jail.  Marcie Schreck advised Billy Maples that HUNTER is extremely ill.  He cannot and will not be at the Status Hearing today.  He’s in bed.  Marcie Schreck advised Billy Maples that she has called two doctors asking for letters of confirmation that HUNTER cannot attend.  She reported that she gets voice mails saying it will take 24-hours for them to call back.  Marcie Schreck told him that she truly tried reaching a doctor in this emergency, and no call has been returned.

On 11/2/2021 at approximately 12:30 p.m., BROOKS BARFIELD called Marcie Schreck.  He was lying on the phone.  He asked Marcie Schreck to let him represent HUNTER.  He said “I am a good lawyer.”  Marcie Schreck told him: “NO.”  She had to cut him short as she wasn’t dressed and the calls from Billy Maples and him threatening HUNTER and her with jail were going to cause her to be late for court.  Marcie Schreck has a tape recording of this call.

BILL WINDSOR COMMENT: I have long since learned that Marcie Schreck has a tape recording of everything. She has successfuly downloaded 15 of her recording devices to a Flash Drive. I believe that resulted in 850 files. She has two different types of recorders that she has not yet figured out how to download.

On 11/2/2021, Billy Maples of Judy’s Bail Bonds texted Marcie Schreck.  She left her phone at home (to keep it safe in the event she was arrested), so her husband, William Schreck, responded to inform him that she was on her way to the courthouse.  Billy Maples said: “So HUNTER isn’t coming?”  William Schreck responded: “Hunter is not able to make it.”

On 11/2/2021 at 1:31 p.m., Billy Maples of Judy’s Bail Bonds texted Marcie Schreck: “Is HUNTER coming to the hearing?  You requested for me to be here, and you are not.  I’m not seeing you or him.”

BILL WINDSOR COMMENT: I believe Billy Maples is part of the Criminal Racketeering Enterprise in Amarillo. It seems to me he is acting as an agent fior the evildoers.

On November 2, 2021 at 1:30 p.m., there was an event called a “hearing” in the 47th Judicial District Court in Amarillo, Texas (state court — criminal action). Hunter Tyler Schreck never received an order or any notice of this event.

On 11/2/2021 at 1:33 p.m., Marcie Schreck walked into the courtroom.  BROOKS BARFIELD was not there.  Marcie Schreck was looking at her papers.  Brad Parker, Bailiff, walked up and handed her a piece of paper from Judge Dan L. Schaap.  Marcie Schreck smiled at him and asked if he was Brad Parker.  He said “I am.” She said “I’m Marcie Schreck, nice to meet you.”  Marcie Schreck shook his hand.

 

BARF bowl
                                                                            Brooks BARField makes me want to BARF.


On 11/2/2021 at 1:43 p.m., BROOKS BARFIELD walked into the courtroom.  Marcie Schreck approached him and said: “May I speak with you?  Billy Maples has threatened to revoke HUNTER’s bond.  You have threatened me.  PLEASE tell the judge HUNTER is extremely ill in bed and can’t come.”  BROOKS BARFIELD would not let Marcie Schreck say more.  Marcie Schreck walked into the courtroom and took a seat behind what she believes was a member of the DA’s Office.  Marcie Schreck was approximately 40-feet from the bench.  She was surprised to see a lot of people in the audience for the hearing.

 

Schaap Judge Dan 900w
                 Judge Dan L. Schaap — Lowlife


On 11/2/2021 at approximately 1:50 p.m., Judge Dan L. Schaap walked in.  A court reporter was there.  BROOKS BARFIELD told the judge HUNTER was not there.  He did not explain why.  BROOKS BARFIELD told the judge that a federal lawsuit was filed last Friday, and “she” named 58 defendants and maybe 100 more.”  BROOKS BARFIELD said: “I put in my withdrawal to you on November 1, 2021.”  He said something about it being a conflict of interest.  The judge and BROOKS BARFIELD then said some legal terms that Marcie Schreck did not understand.  Marcie Schreck had trouble hearing Judge Dan L. Schaap.  She did hear the judge say: “It may be a conflict of interest with me as well.  I don’t know yet.”  The court reporter’s transcript should indicate exactly what was said.

Marcie Schreck raised her hand.  Judge Dan L. Schaap nodded at her.  Marcie Schreck asked: “Your honor, may I speak?”  The judge said: “Yes.”  Marcie Schreck said: “My son is Autistic, and I have education about that.”  Judge Dan L. Schaap immediately told her: “If you cross that boundary with me; you have crossed that boundary with me; you will not like it.  You will see.”  He was very condescending and threatening to Marcie SchreckMarcie Schreck tried to speak politely, but Judge Dan L. Schaap then threatened her.  He said in a louder voice: “DO YOU UNDERSTAND?”  Marcie Schreck didn’t, but she said “Your honor, yes, thank you.”  The judge said something about needing to hear from HUNTER about BROOKS BARFIELD.

BILL WINDSOR COMMENT: Judge Dan L. Schaap is the lowest of low-life judges. I’ve dealt with or been aware of thousands of corrupt judges, but they’re usually just dishonest a$$hole$. Judge Dan L. Schaap ids trying to murder a disabled boy. I hope there is a very special place in Hell for Judge Dan L. Schaap.

On 11/2/2021, after the hearing, Billy Maples told Marcie Schreck he heard the DA and attorneys that they had plans to take her down and arrest her right there.  He said they really wanted to, and if she had said one more word, she would have been arrested and gone to jail.  Billy Maples talked with the same people after the hearing, and they said they were really wanting to arrest Marcie Schreck.

On 11/2/2021 at 7:27 p.m., Marcie Schreck sent an email to BROOKS BARFIELD with a CEASE-AND-DESIST notice [EXHIBIT 210]: “Cease and desist.  Do not contact Hunter or me.  We want NOTHING to do with you except in your capacity as a Defendant in Schreck v. City of Amarillo, Et al. You lied to me today.  You lied to Judge Dan L. Schaap today.  I believe you are someone who finds it impossible to tell the truth.I believe your only interest is harming my family and me. The law and the Rules say you are terminated, so go away.  You have a conflict of interest, as YOU told me. Hunter will be informing the judge (who has no jurisdiction) exactly what he thinks of you.  Hunter had you pegged from the start — someone who does not have his best interests in mind and someone he does not trust.  Mr. BARField, you are INCOMPETENT.”

The evening of 11/2/2021, Marcie Schreck and her husband decided to record a video of HUNTER that they could send to the judge expressing Hunter Schreck’s feelings about BROOKS BARFIELD.  Marcie Schreck’s affidavit shows what HUNTER said. [EXHIBIT 156.]   William Schreck’s affidavit shows what HUNTER said. [EXHIBIT 157.]  HUNTER made it clear he doesn’t want anything to do with BROOKS BARFIELD.

On 11/3/2021, BROOKS BARFIELD wrote a letter to HUNTER SCHRECK and mailed it Certified Mail Return Receipt. [EXHIBIT 163.]

On 11/5/2021, the mailman delivered the 11/3/2021 letter from BROOKS BARFIELD. [EXHIBIT 163.]  No one signed for it.  The green return receipt card had been removed from the envelope before it was delivered.  The letter told HUNTER to communicate directly with him.  This is a clear violation of the Cease-and-Desist and an effort to damage HUNTER with a panic attack and anxiety.

On 11/8/2021, the Register of Actions in the case shows that none of the purported filings in the case that never appeared on the Docket still are not on the Docket. [EXHIBIT 212.]

BROOKS BARFIELD violated the rules of professional conduct; engaged in conduct involving dishonesty, fraud, deceit, and misrepresentation; engaged in conduct prejudicial to the administration of justice; and more.  HUNTER TYLER SCHRECK had a right to expect BROOKS BARFIELD to abide by Texas law, Texas rules, Texas Rules of Professional Conduct (“TRPC”), and the Constitutions.  HUNTER TYLER SCHRECK had a right to expect BROOKS BARFIELD and JUDGE DAN L. SCHAAP to refrain from doing acts that injured HUNTER TYLER SCHRECK.  BROOKS BARFIELD and JUDGE DAN L. SCHAAP have committed professional misconduct and have violated state and federal statutes, Rules, Texas Rules of Professional Conduct (“TRPC”), and the Constitutions.  BROOKS BARFIELD and JUDGE DAN L. SCHAAP committed acts that injured HUNTER TYLER SCHRECK.

HUNTER TYLER SCHRECK has been under extreme emotional distress for 15 months.  BROOKS BARFIELD intentionally inflicted emotional distress on HUNTER TYLER SCHRECK through defamation, fraud, conspiracy, and violation of civil and Constitutional rights.

 

Barfield law firm 2


BROOKS BARFIELD inflicted emotional distress HUNTER TYLER SCHRECK.  He acted intentionally and recklessly.

The conduct of BROOKS BARFIELD was extreme and outrageous.  An average member of the community to exclaim “outrageous!”

The activities of BROOKS BARFIELD have been so extreme that it has gone well beyond all possible bounds of decency, and it must be regarded as atrocious and utterly intolerable in a civilized society.  The conduct of BROOKS BARFIELD caused extreme distress to HUNTER TYLER SCHRECK.  The distress caused was severe emotional distress to HUNTER TYLER SCHRECK.  The outrageous harassment, lies, libel, slander, and defamation are bad alone, but the effect on HUNTER TYLER SCHRECK’s mental health has been severe.

BROOKS BARFIELD has repeatedly ignored Cease-and-Desist notices.  He has repeatedly threatened Marcie Schreck.  He has damaged HUNTER, and Marcie Schreck believes he is attempting to kill HUNTER.  BROOKS BARFIELD makes Marcie Schreck’s entire family fear even leaving their home because of what BROOKS BARFIELD may do personally or may arrange to have done to them.

 

Photo Hunter Schreck and Marcie Schreck happier times 2015 CROPPED 640w
Hunter Tyler Schreck and Marcie Schreck BEFORE Hunter was almost murdered
and suffered a Traumatic Brain Injury

 

Marcie Schreck believes BROOKS BARFIELD is a criminal and is mentally ill.  He has caused HUNTER and Marcie Schreck to fear for their lives.

BILL WINDSOR COMMENT: Thanks to Marcie Schreck for providing this information to me. It comes from her Appolication for Protective Order that she is preparing to file against W BROOKS BARFIELD.

Much more news to report….


 

Other Articles about Hunter Tyler Schreck:

Hunter Tyler Schreck – a Disabled Young Man – has been Victimized by Police, District Attorney, and Pentecostal Church Members in Amarillo Texas

Just Like the Man who has Done Nothing Wrong by Hunter Tyler Schreck

Hunter Tyler Schreck Federal Lawsuit – Chapter 1

Hunter Tyler Schreck Federal Lawsuit – Chapter 2

Hunter Tyler Schreck Federal Lawsuit – Chapter 3

Hunter Tyler Schreck Federal Lawsuit – Chapter 4

Hunter Tyler Schreck Federal Lawsuit – Chapter 5

Copyright LawlessAmerica.com
Bill Windsor went to high school and college in Lubbock, Texas — just a short drive from Amarillo, Texas.  This gives him a special interest in exposing the scum in the area of the country that he has loved so much. 


 

windsor bill 2012 09 28 cropped tight edited 200w

Bill Windsor

I, William M. Windsor, am not an attorney.  This website expresses my OPINIONS.   The comments of visitors or guest authors to the website are their opinions and do not therefore reflect my opinions.  Anyone mentioned by name in any article is welcome to file a response.   This website does not provide legal advice.  I do not give legal advice.  I do not practice law.   This website is to expose government corruption, law enforcement corruption, political corruption, and judicial corruption.   Whatever this website says about the law is presented in the context of how I or others perceive the applicability of the law to a set of circumstances if I (or some other author) was in the circumstances under the conditions discussed.  Despite my concerns about lawyers in general, I suggest that anyone with legal questions consult an attorney for an answer, particularly after reading anything on this website.  The law is a gray area at best.  Please read our  Legal Notice and Terms

 

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William M. Windsor

I, William M. Windsor, am not an attorney.  This website expresses my OPINIONS.   The comments of visitors or guest authors to the website are their opinions and do not therefore reflect my opinions.  Anyone mentioned by name in any article is welcome to file a response.   This website does not provide legal advice.  I do not give legal advice.  I do not practice law.  This website is to expose government corruption, law enforcement corruption, political corruption, and judicial corruption.  Whatever this website says about the law is presented in the context of how I or others perceive the applicability of the law to a set of circumstances if I (or some other author) was in the circumstances under the conditions discussed.  Despite my concerns about lawyers in general, I suggest that anyone with legal questions consult an attorney for an answer, particularly after reading anything on this website.  The law is a gray area at best.  Please read our Legal Notice and Terms.

Bill Windsor has published BENCHBOOK for U.S. JUDGES – Corruption Edition

Benchbook for U.S. Judges - Corruption Edition

 

Order your copy at Amazon.

 
Please buy (only $9.99), and please SHARE this with everyone you know. I make $3.32 per sale, and that money will be used to issue a national news release on my historic case with the United States Supreme Court that will be heard by the nine justices on September 26, 2023
 
I humbly believe this book has the potential to make the greatest impact ever made in the battle against judicial corruption.
BENCHBOOK for U.S. JUDGES: Corruption Edition is a statement of the Rules used by judges when they feel Corruption is needed.
This is a TOP SECRET set of Rules that is unlawful and is carefully guarded by judges nationwide.
There are 30 Corruption Rules explained:

Rule #1: LIE;  Rule #2: Lie Some More;  Rule #3: Deny Constitutional Rights;  Rule #4: Ignore the Law;  Rule #5: Cite Invalid Law;  Rule #6: Ignore the Facts;  Rule #7: Ignore Issues;  Rule #8: Say Nothing in Orders;  Rule #9: Dismiss Cases or Grant Summary Judgment; Rule #10: Refuse to Disqualify Yourself;  Rule #11: Violate Your Oath of Office and the Code of Judicial Conduct;  Rule #12: Conceal Evidence;  Rule #13: Tamper with Evidence;  Rule #14: Order Monetary Sanctions Against Parties You Want to Damage;  Rule #15: Violate and Ignore the Rules of Civil Procedure;  Rule #16: Automatically Rule against Certain Classes of People;  Rule #17: Order Monetary Sanctions Against Parties You Want to Sanction;  Rule #18: Conspire with Fellow Judges and Judicial Employees;  Rule #19: Allow Perjury;  Rule #20: Deny Hearings;  Rule #21: Practice Simulated Litigation;  Rule #22: Deny Jury Trials;  Rule #23: Don’t Publish Improper Orders;  Rule #24: Deny Right to Obtain Discovery;  Rule #25: Deny Right to File Actions;  Rule #26: Order a Disfavored Party to Appear in Person When You Know They Can’t;  Rule #27: Bring in a Judge from Another County to Serve as Your Executioner;  Rule #28: Communicate with Court Employees, Attorneys, Judges, Law Enforcement, Government Agencies, and Others Unlawfully;  Rule #29: Deny In Forma Pauperis Status;  Rule #30: Simply Do Nothing.

Key Corruption Terms are defined: The Favored Party, The Designated Loser, The Naughty List.
Annotations have been provided. These are used primarily to inform litigants of ways to deal with these secret rules.

Ku Klux Klan Act – 42 USC 1983 – Sue for Violation of Civil Rights

Ku Klux Klan Act of 1871 200w

This is an article I published in 2010.  There is a lot of excellent information about a federal lawsuit against the City of Amarillo and 50 criminals and for Ellis County and a boatload of criminals from Ellis County that John Eric Armstrong is expected to file Here’s the Hunter Tyler Schreck Federal Lawsuit. It is pursuant to The Ku Klux Klan Act of 1871.  You may know it as 42 U.S.C. 1983.  

I copied it from http://www.constitution.org/brief/forsythe_42-1983.htm

A GUIDE TO CIVIL RIGHTS LIABILITY UNDER 42 U.S.C. § 1983:

AN OVERVIEW OF SUPREME COURT AND ELEVENTH CIRCUIT PRECEDENT

IAN D. FORSYTHE

Hilyard, Bogan, Palmer & Lockeby, P.A.

105 East Robinson Street, Suite 201

Orlando, Florida 32801

Tel. (407) 425-4251

forsythe@forsythelaw.com

 

42 u s c 1983 n 640w


I.           INTRODUCTION AND HISTORY

42 U.S.C. § 1983, commonly referred to as “section 1983” provides:

Every person who under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, Suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.  For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

42 U.S.C. § 1983 (emphasis added).

Section 1983 was enacted on April 20, 1871 as part of the Civil Rights Act of 1871, and is also known as the “Ku Klux Klan Act” because one of its primary purposes was to provide a civil remedy against the abuses that were being committed in the southern states, especially by the Ku Klux Klan.  While the existing law protected all citizens in theory, its protection in practice was unavailable to some because those persons charged with the enforcement of the laws were unable or unwilling to do so.[1] The Act was intended to provide a private remedy for such violations of federal law, and has subsequently been interpreted to create a species of tort liability.[2]

The number of cases that have been brought under section 1983 has dramatically increased since 1961 when the Supreme Court decided Monroe v. Pape.[3] In Monroe, the Supreme Court held that a police officer was acting “under color of state law” even though his actions violated state law.[4] This was the first case in which the Supreme Court allowed liability to attach where a government official acted outside the scope of the authority granted to him by state law.  Since Monroe v. Pape was decided, an extensive body of law has developed to govern section 1983 claims.  This article is intended to provide an overview of that extensive body of law, and will include seminal precedent from the United States Supreme Court and the Eleventh Circuit Court of Appeals–a comprehensive study of all law related to section 1983 is beyond the scope of this article.

II.            ELEMENTS OF A SECTION 1983 CLAIM

(i)            “Every person . . .”

Only “persons” under the statute are subject to liability.[5] A state is not a person subject to suit under section 1983,[6] but a state officer can be sued in his official capacity for prospective or injunctive relief[7] despite the fact that an suit against a government official in his official capacity represents nothing more than a suit against the government entity itself![8] Despite this logical inconsistency, the current state of the law is that a state may not be sued for damages, but may be sued for declaratory or injunctive relief.  Municipalities and local governments are persons subject to suit for damages and prospective relief,[9] but the United States Government is not.[10] Individual employees of federal,[11] state[12] and local[13] government may be sued in their individual capacities[14] for damages, declaratory or injunctive relief.

While the determination of who is a “person” is a matter of federal statutory interpretation, the matter of who has the capacity to be sued is determined by the law of the forum state.[15] Likewise, the law of the forum is to be applied in actions under section 1983 where the law of section 1983 provides no guidance.[16]

(ii)            “. . . who under color of [state law][17] . . .”

The traditional definition of acting under the color of state law requires that the defendant have exercised power “possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law,”[18] and such actions may result in liability even if the defendant abuses the position given to him by the state.[19] A private actor may also act under color of state law under certain circumstances.[20] For example, it has been held that a physician who contracts with the state to provide medical care to inmates acts under the color of state law.[21] For all practical purposes, the “color of state law” requirement is identical to the “state action” prerequisite to constitutional liability.[22]

(iii)            “. . . subjects or causes to be subjected . . .”

Section 1983 does not impose a state of mind requirement independent of the underlying basis for liability,[23] but there must be a causal connection between the defendant’s actions and the harm that results.[24] In order to hold a local government liable under section 1983, the Supreme Court has interpreted this causation element to require that the harm be the result of action on the part of the government entity that implemented or executed a policy statement, ordinance, regulation, or decision officially adopted and promulgated by that body’s officers, or the result of the entity’s custom.[25] Further, the entity’s policy or custom must have been the “moving force” behind the alleged deprivation.[26] This “custom or policy” requirement is a dramatic departure from the rule of respondeat superior that prevails in many common law actions.[27]

A local government is said to have an unconstitutional policy when it fails to train its employees, and the failure to train amounts to deliberate indifference to an obvious need for such training, and the failure train will likely result in the employee making a wrong decision.[28] An unconstitutional policy may also exist if an isolated action of a government employee is dictated by a “final policymaker,”[29] or if the authorized policymaker approves a subordinate’s decision and the basis for it.[30] However, a supervisor can only be liable in his individual capacity if he directly participates in causing the harm–relying upon respondeat superior is insufficient.[31] The Supreme Court has rejected the notion that a plaintiff must meet a heightened pleading standard to state a claim against a municipality for an unconstitutional custom or policy.[32]

(iv) “. . . [any person to] the deprivation of rights . . .”

Section 1983 is not itself a source of substantive rights, it merely provides a method for the vindication of rights elsewhere conferred in the United States Constitution and Laws.[33] Therefore, a plaintiff may prevail only if he can demonstrate that he was deprived of rights secured by the United States Constitution or federal statutes.  It is beyond the scope of this article to discuss all of the rights available under the United States Constitution, nevertheless, this article will provide an overview of perhaps the most utilized of all constitutional provisions–the Fourteenth Amendment Due Process Clause [hereinafter “the Due Process Clause”].[34]

The Supreme Court has held that the Due Process Clause was not intended to supplant tort law, or to become “a font of tort law to be superimposed upon whatever systems may already be administered by the states.”[35] Against this backdrop, to state a claim for a deprivation of Due Process, a plaintiff must show: (1) that he possessed a constitutionally protected property interest; and (2) that he was deprived of that interest without due process of law.[36] Due process property interests are created by “existing rules or understandings that stem from an independent source such as state law–rules or understanding that secure certain benefits and that support claims of entitlement to those benefits.”[37] To have a property interest protected by the Due Process Clause, “a person must have more than an abstract need or desire for it.  He must have more than a unilateral expectation of it.  He must, instead, have a legitimate claim of entitlement to it.”[38] While the existence of a protected property interest is decided by reference to state law, the determination of whether due process was accorded is decided by reference to the Constitution.[39] Due process requires that “a deprivation of life, liberty, or property ‘be preceded by notice and opportunity for hearing appropriate to the nature of the case,'”[40] but the state does not have to provide the same remedies available under section 1983 in order to satisfy due process.[41]

In construing the Due Process Clause, the United States Supreme Court has held that negligent acts by state actors do not effect a “deprivation” for the purposes of the Due Process Clause,[42] and the random and unauthorized conduct of a government actor, even if intentional, does not implicate the Due Process Clause if the state provides a meaningful post-deprivation remedy, such as, for example, a tort remedy in its own courts.[43] However, where the state can feasibly provide a pre-deprivation hearing, it must do so regardless of the post-deprivation remedies available,[44] and in the absence of a special relationship created or assumed by the state, a state’s failure to protect an individual from violence or injury caused by private actors cannot state a violation of the Due Process Clause.[45]

In addition to protection against deprivations of procedural due process, the Due Process Clause has two substantive components–the substantive due process simpliciter, and incorporated substantive due process.  In order to state a claim for a violation of the substantive due process simpliciter, the plaintiff must demonstrate that the defendant engaged in conduct that was “arbitrary, or conscience shocking, in a constitutional sense.”[46] This form of due process has very limited application,[47] but, in contrast to certain procedural due process claims,[48] the existence of adequate post-deprivation remedies does not bar a substantive due process claim.[49] With respect to incorporated substantive due process, the plaintiff may state a claim by proving a violation of one of the Bill of Rights.  The Supreme Court has held that one of the substantive elements of the Due Process Clause protects those rights that are fundamental–rights that are implicit in the concept of ordered liberty, and has, over time, held that virtually all of the Bill of Rights protect such fundamental rights and has likewise held that they apply to the states through the “liberty” interest of the Due Process Clause.[50] However, the Court has held that when a specific provision within the Bill of Rights already provides protection, the more generalized notion of due process should not be used to define constitutional rights.[51]

In addition to providing a remedy for deprivations of constitutional rights, section 1983 also makes actionable violations of federal “Laws.”[52] A violation of a federal statute is cognizable only when the violation trammels a right secured by federal law.[53] However, a statute is said to create a federal right only when “the provision in question is intended to benefit the putative plaintiff,”[54] unless it reflects merely a congressional preference for a certain kind of conduct rather than a binding obligation on the government unit,[55] or unless the putative plaintiff’s interest is too vague and amorphous such that it is beyond the competence of the judiciary to enforce.[56]

(v) ” . . . shall be liable . . . in an action at law, Suit in equity, or other proper proceeding for redress . . . “

There is no requirement that the plaintiff sue in federal court because state courts have concurrent jurisdiction,[57] and the usual rule is exhaustion of administrative and judicial state remedies is not a prerequisite to a section 1983 action.[58] Also, the existence of concurrent state remedies is not a bar to a section 1983 action.[59] With respect to the extent of damages available, the Supreme Court has noted that the basic purpose of a section 1983 damages award is to compensate the victims of official misconduct, and therefore held that there is no limit on actual damages if they can be proven.[60] But where they are not proved, only nominal damages of $1.00 may be awarded.[61] Punitive damages may also be awarded, but not against a municipality.[62] Injunctive relief is also permitted.[63]

III.            DEFENSES AND IMMUNITIES

States and state agencies are entitled to Eleventh Amendment immunity in federal court,[64] but local governments have no immunity from damages flowing from their constitutional violations, and may not assert the good faith of its agents as a defense to liability.[65] Further, state law sovereign immunity and state law limitations on damages do not protect local governments from liability under section 1983,[66] and state laws requiring pre-suit notification prior to initiating an action against the state or its subdivisions similarly do not apply.[67] Therefore, local governments are left in the unique and unhappy situation of being subject to suit without the benefit of any form of immunity.

In contrast to the distinct lack of immunity available to local governments, individual capacity defendants are protected by qualified immunity.[68] Qualified immunity is a powerful tool that shields individual officials who are performing discretionary activities unless their conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.”[69] A government official is entitled to qualified immunity unless his “act is so obviously wrong, in the light of preexisting law, that only a plainly incompetent officer or one who was knowingly violating the law would have done such a thing.”[70] The qualified immunity inquiry is purely objective–the subjective intentions of the actor is irrelevant.[71] Qualified immunity is not only immunity from liability, but it is immunity from suit as well,[72] and shields individual capacity defendants even where a constitutional violation may have occurred.  Likewise, a court should scrutinize a plaintiff’s claim to determine if the plaintiff states a constitutional claim at all, prior to analyzing whether the defendant is entitled to qualified immunity.[73] The burden of proving that the law was clearly established cannot be carried by stating constitutional rights in general terms–a plaintiff within the eleventh circuit must cite to specific decisions of the United States Supreme Court, the Eleventh Court of Appeals, or the highest state court in which the case arose.[74]

Qualified immunity must be plead as an affirmative defense by the defendant official,[75] and becomes a matter for the court to decide, even if it requires a factual determination as to whether the defendant acted reasonably under the circumstances,[76] and the court should rule on the issue of qualified immunity at the earliest possible stage of litigation.[77] An individual defendant in federal court[78] may immediately appeal a denial of qualified immunity,[79] even if a prior appeal of the denial of qualified immunity was unsuccessful, and even if other claims remain for trial.[80] Until the issue of qualified immunity is decided, the defendant official may resist discovery,[81] and there is authority to the effect that he may stay the entire proceedings during an appeal of the denial of qualified immunity.[82] While the Supreme Court has rejected a heightened pleading standard for claims against local governments, a plaintiff must nevertheless plead facts with specificity to overcome an individual capacity defendant’s qualified immunity.[83]

Private individuals who perform state functions,[84] and private corporations who contract with the government[85] may not be entitled to qualified immunity.  State and local legislators[86] and judges[87] are protected by absolute immunity when sued in their individual capacity for damages or injunctive relief, while prosecutors[88] are entitled to absolute immunity when sued in their individual capacities for damages only.  In any event, as discussed above, all individual capacity defendants are, at a minimum, entitled to qualified immunity.

The Reconstruction Civil Rights Acts did not contain a statute of limitations for section 1983 actions, and it is appropriate to adopt a local time limitation so long as it is not inconsistent with federal law.[89] The Supreme Court has held that section 1983 is best characterized as a tort action for the recovery of damages, and therefore held that the appropriate statute of limitations to be adopted is the state statute applicable to personal injury actions.[90]

IV.            ATTORNEY’S FEES

The Civil Rights Attorney’s Fees Awards Act of 1976[91] provides that one who prevails[92] in a section 1983 action is entitled to recover attorneys’ fees.  There is little doubt that the addition of this attorney’s fee provision fueled the growth in the number of section 1983 cases that have been filed because it has been held that prevailing plaintiffs are entitled to recover attorneys’ fees unless special circumstances would render such an award unjust, while a prevailing defendant may be awarded attorneys’ fees only “upon a finding that the plaintiff’s action was frivolous, unreasonable, or without foundation, even though not brought in subjective bad fait

 

1983

[1]. The catalyst for the enactment of the Act was the “campaign of violence and deception in the South, fomented by the Ku Klux Klan, which was denying citizens their civil and political rights.”  Wilson v. Garcia, 471 U.S. 261, 276 (1985).  The following quote from Representative Lowe of the 42nd Congress is illustrative:

While murder is stalking abroad in disguise, while whippings and lynchings and banishing have been visited upon unoffending American citizens, the local administrators have been found inadequate or unwilling to apply the proper corrective.  Combinations, darker than the night that hides them, conspiracies, wicked as the worst of felons could devise, have gone unwhipped of justice.  Immunity is given to crime and the records of public tribunals are searched in vain for any evidence of effective redress.

Cong. Globe, 42d Cong. 1st Sess., 374 (1871)(remarks of Rep. Lowe)(quoted in Wilson, 471 U.S. at 276)).

[2]. Memphis Community School Dist. v. Stachura, 477 U.S. 299, 305 (1986).

[3]. 365 U.S. 167 (1961).

[4]. See section II(ii), infra, for a discussion of the “under color of state law” requirement.

[5]. Will v. Michigan Dept. of State Police, 491 U.S. 58 (1989).

[6]. Id.

[7]. Ex Parte Young, 209 U.S. 123 (1908).

[8]. Hafer v. Melo, 502 U.S. 25, 31 (1991); Kentucky v. Graham, 473 U.S. 159, 165 (1985).

[9]. Monell v. Dept. of Social Services of New York, 436 U.S. 658, 701 (1978).

[10]. Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971).

[11]. Id.

[12]. Hafer v. Melo, 502 U.S. 25 (1991).

[13]. City of Oklahoma City v. Tuttle, 471 U.S. 808 (1985).

[14]. Government officials may be sued in their individual capacity.  Such a suit does not represent a suit against the government entity for which he is associated. Kentucky v. Graham, 473 U.S. 159, 165 (1985).  The failure to identify in which capacity a defendant is being sued is a critical pleading defect.  Colvin v. McDougall, 62 F.3d 1316, 1318 (11th Cir. 1995).

[15]. Dean v. Barber, 951 F.2d 210 (11th Cir. 1992); Fed.R.Civ.P. 17(b).  For example, Florida law provides that divisions of local governments, such as police departments, do not have the capacity to be sued.  Florida City Police Department v. Corcoran, 661 So. 2d 409 (Fla. 3d DCA 1995).

[16]. Board of Regents v. Tomanio, 446 U.S. 478 (1980).

[17]. Section 1983’s requirement that a person act “under color of any statute, ordinance, regulation, custom or usage of any State or Territory or District of Columbia” is commonly abbreviated as “under color of state law.”

[18]. West v. Atkins, 487 U.S. 42, 49 (1988)(quoting United States v. Classic, 313 U.S. 299, 326 (1941)); Lugar v. Edmondson Oil Co., 457 U.S. 922, 937 (1982); Parratt v. Taylor, 451 U.S. 144, 152 (1970).  However, in the only case in which the Supreme Court held that a government employee did not act under color of sate law, the Court held that a public defender does not act under color of state law while performing a lawyer’s traditional function of representing criminal defendants. Polk County v. Dodson, 454 U.S. 312, 325 (1981).

[19]. Monroe v. Pape, 365 U.S. 167, 172 (1961).

[20]. Wyatt v. Cole, 504 U.S. 158, 162 (1992); Lugar v. Edmondson Oil Co., 457 U.S. 922, 924 (1982).

[21]. West v. Atkins, 487 U.S. 42 (1988); Ort v. Pinchback, 786 F.2d 1105 (11th Cir. 1986).

[22]. Lugar v. Edmondson Oil Co., 457 U.S. 922, 929 (1982).

[23]. Parratt v. Taylor, 451 U.S. 527 (1981), overruled in part, Daniels v. Williams, 474 U.S. 327 (1986).

[24]. Mt. Healthy City School Dist. Bd. of Educ. v. Doyle, 429 U.S. 274, 285-87 (1977).

[25]. Monell v. Department of Social Services of the City of New York, 436 U.S. 658, 690-691, (1978).  This “custom or policy” requirement has also been applied to private corporations who contract with the state to provide medical care to prisoners. Howell v. Evans, 922 F.2d 712, 723-24 (11th Cir.), order vacating appeal, 931 F.2d 711, 712 (11th Cir. 1991), partially reinstated and appealed sub nom, Howell v. Burden, 12 F.3d 190 (11th Cir. 1994).

[26]. Monell, 436 U.S. at 694.

[27]. Monell, at 691-695; Polk County v. Dodson, 454 U.S. 312, 325 (1981); Fundiller v. City of Cooper City, 777 F.2d 1436, 1443 (11th Cir. 1985).  Isolated unconstitutional incidents, without more, cannot bind a municipality.  Oklahoma City v. Tuttle, 471 U.S. 808 (1985).

[28]. City of Canton v. Harris, 489 U.S. 378 (1989); Gold v. City of Miami, 1998 WL 54803 (11th Cir. 1998); Sewell v. Town of Lake Hamilton, 117 F.3d 488 (11th. Cir. 1997).  However, where the employee’s proper course of action “is obvious to all without training or supervision, then the failure to train or supervise is generally not ‘so likely’ to produce a wrong decision as to support an inference of deliberate indifference by city policymakers to the need to train or supervise.”  Sewell, 117 F.3d at 490.

[29]. Pembaur v. City of Cincinnati, 475 U.S. 469 (1986); Bryan County v. Brown, 520 U.S. 397 (1997).  Who is a “final policymaker” is decided by reference to state law.  Pembaur, at 483; McMillan v. Monroe County, 520 U.S. 781 (1997).

[30]. City of St. Louis v. Praprotnik, 485 U.S. 112, 127 (1988).  However, merely going along with the discretionary decisions made by subordinates is not a delegation to them of the authority to make policy.  Id.

[31]. Greason v. Kemp, 891 F.2d 829, 836 (11th Cir. 1990); Brown v. Crawford, 906 F.2d 667, 671 (11th Cir. 1990); Zatler v. Wainewright, 802 F.2d 397, 401 (11th Cir. 1986).

[32]. Leatherman v. Tarrant County, 507 U.S. 163 (1993).  There is, however, a heightened pleading standard for individual capacity claims.  See note 83 infra, and accompanying text.

[33]. Chapman v. Houston Welfare Rights Org., 441 U.S. 600, 617 (1979); Baker v. McCollan, 443 U.S. 137, 144 n.3 (1979).  Section 1983 does not provide for the vindication of rights secured by state law.  Id. at 145-146; Almand v. DeKalb County, 103 F.3d 1510, 1513 (11th Cir. 1997).

[34].  U.S.Const. amend. XIV, §1.  The Fourteenth Amendment Due Process clause is a limitation on state power, while the Fifth Amendment Due Process clause limits federal power.  Halinger v. Davis, 146 U.S. 314, 319 (1892).

[35]. Paul v. Davis, 424 U.S. 693, 701 (1976).

[36]. Cleveland Board of Education v. Loudermill, 470 U.S. 532 (1985); Baker v. McCollan, 443 U.S. 137, 145 (1979).

[37]. Board of Regents of State Colleges v. Roth, 408 U.S. 564, 577 (1972);  See also, Bishop v. Wood, 426 U.S. 341, 344 (1976).

[38]. Board of Regents, 408 U.S. at 576.

[39]. Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 541 (1985).

[40]. Loudermill, 470 U.S. at 542.

[41]. Parratt v. Taylor, 451 U.S. 527, 543-544 (1981).

[42]. Daniels v. Williams, 474 U.S. 327 (1986).

[43]. Hudson v. Palmer, 468 U.S. 517, 533 (1984)(“[A]n unauthorized intentional deprivation of property by a state employee does not constitute a violation of the procedural requirements of the due process clause of the 14th amendment if a meaningful postdeprivation remedy for the loss is available.  For intentional, as for negligent deprivations of property by state employees, the state’s action is not complete until and unless it provides or refuses to provide a suitable postdeprivation remedy.”).  The Court later held that negligence does not constitute a “deprivation.”  Daniels v. Williams, 474 U.S. 327 (1986).  See also, Zinermon v. Burch, 494 U.S. 113, 132 (1990).

[44]. Zinermon, 494 U.S. at 132.

[45]. DeShaney v. Winnebago County Dept. of Social Services, 489 U.S. 189 (1989); Santamorena v. Georgia Military College, 147 F.3d 1337, 1339-1340 (11th Cir. 1998).  As with all actions predicated upon a violation of the United States Constitution, in order to state a claim for a deprivation of due process, “state action” must be present.  The eleventh circuit has recognized three primary tests to determine whether the actions of a private entity constitute state action: (1) the public function test; (2) the state compulsion test; and (3) the nexus/joint action test.  National Broad Co. v. Communications Workers of Am., 860 F.2d 1022, 1026 (11th Cir. 1988).

[46]. Collins v. City of Harker Heights, Texas, 503 U.S. 115, 128 (1992); Rymer v. Douglas County, 764 F.2d 796, 801 (11th Cir. 1985).

[47]. Collins, 503 U.S. at 125(“As a general matter, the Court has always been reluctant to expand the concept of substantive due process because the guideposts for responsible decisionmaking in this unchartered area are scarce and open-ended.”).  See also, County of Sacramento v. Lewis, 523 U.S. 833 (1998)(high speed police chases with no intent to harm suspects physically or to worsen their legal plight do not give rise to liability for violation of substantive due process); Albright v. Oliver, 510 U.S. 266, 271-272 (plaintiff could not make out substantive due process claim for alleged prosecution without probable cause because Fourth Amendment is more appropriately considered); Graham v. Connor, 490 U.S. 386, 394 (1989)(claims of force arrest by police officer during arrest or detention cannot state a substantive due process claim–it is more appropriately analyzed under Fourth Amendment); McKinney v. Pate, 20 F.3d 1550, 1560 (11th Cir. 1994)(in non-legislative cases, only procedural due process claims are available to pretextually terminated employees).

[48]. See note 46, supra, and accompanying text.

[49]. McKinney v. Pate, 20 F.3d 1550, 1557 (11th Cir. 1994).

[50]. Palko v. Connecticut, 302 U.S. 319, 325 (1937).  For example, the Supreme Court has held that the Fourth Amendment proscription against unreasonable searches and seizures, Mapp v. Ohio, 367 U.S. 643 (1961), and the Sixth Amendment right to a speedy public trial, Klopfer v. North Carolina, 386 U.S. 213 (1967), apply to the states.

[51]. Albright v. Oliver, 510 U.S. 266, 273 (1994); Graham v. Connor, 490 U.S. 386, 395 (1989).

[52]. Maine v. Thiboutot, 448 U.S. 1 (1980).

[53]. Golden State Transit Corp. v. City of Los Angeles, 493 U.S. 101, 106 (1989) (“Section 1983 speaks in terms of ‘rights, privileges, or immunities,’ not violations of federal law.”).

[54]. Id.

[55]. Pennhurst State School and Hospital v Halderman, 451 U.S. 1, 19 (1981).

[56]. Golden State, 493 U.S. at 106 (quoting Wright v. Roanoke Redevelopment & Hous. Auth., 479 U.S. 418, 431-32 (1987)).  See also, Maynard v. Williams, 72 F.3d 848, 851 (11th Cir. 1996).

[57]. Howlett v. Rose, 496 U.S. 356 (1990).  Of course, a defendant in state court may remove to federal court.  28 U.S.C. § 1441.

[58]. Monroe v. Pape, 365 U.S. 167, 183 (1961)(exhaustion of judicial remedies is not a prerequisite); Patsy v. Florida Board of Regents, 457 U.S. 496, 501 (1982)(exhaustion of administrative remedies is not a prerequisite).  But see, Younger v. Harris, 401 U.S. 37 (1971)(a federal plaintiff is barred from seeking declaratory or injunctive relief relating to ongoing state criminal judicial proceedings); Heck v. Humphrey, 512 U.S. 477 (1994)(plaintiff must prove that a conviction or sentence has been reversed prior to recovering damages for unconstitutional conviction or imprisonment); 42 U.S.C. § 1997e (a prisoner’s civil rights lawsuit may be delayed up to 180 days to require the prisoner to exhaust administrative remedies).

[59]. Zinermon v. Burch, 494 U.S. 113, 124 (1990).

[60]. Carey v. Piphus, 435 U.S. 247 (1978).

[61]. Farrar v. Hobby, 506 U.S. 103, 112 (1992); Carey v. Piphus, 435 U.S. 247, 266-267 (1978).

[62]. Smith v. Wade, 461 U.S. 30 (1983); City of Newport v. Fact Concerts, 453 U.S. 247 (1981).  A municipality may, however, be jointly and severally liable.  Finch v. City of Vernon, 877 F.2d 1497 (11th Cir. 1989).

[63]. 42 U.S.C. § 1983.

[64]. Edelman v. Jordan, 415 U.S. 651 (1974).  But as discussed above, because states are not “persons” under the statute, they cannot be sued in either state or federal court.  See note 6, supra, and accompanying text.

[65]. Owen v. City of Independence, MO, 445 U.S. 621 (1980); Monell v. Dept. of Social Services of New York, 436 U.S. 658, 699-700 (1978).

[66]. Howlett v. Rose, 496 U.S. 356 (1990); Hamm v. Powell, 874 F.2d 766, 770 (11th Cir. 1989).

[67]. Felder v. Casey, 487 U.S. 131 (1988).

[68]. Harlow v. Fitzgerald, 457 U.S. 800 (1982).  See also, Anderson v. Creighton, 483 U.S. 635 (1987); Lassiter v. Alabama A & M University Board of Trustees, 28 F.3d 1146 (11th Cir. 1994)(en banc).

[69]. Harlow, 457 U.S. at 817; Lassiter, 28 F.3d at 1149.

[70]. Lassiter, 28 F.3d at 1149; Ensley v. Soper, 142 F.3d 1402, 1406 (11th Cir. 1998)(the plaintiff must point to case law which predates the official’s alleged improper conduct, involves materially similar facts, and truly compels the conclusion that the plaintiff had a right under federal law).

[71]. Crawford-El v. Britton, 523 U.S. 574 (1998); Anderson v. Creighton, 483 U.S. 635, 641 (1987); Harlow v Fitzgerald, 457 U.S. 800 (1982).

[72]. “One of the purposes of immunity, absolute or qualified, is to spare a defendant not only unwarranted liability, but unwarranted demands customarily imposed upon those defending a long drawn out lawsuit.”  Siegert v. Gilley, 500 U.S. 226, 232 (1991).  See also, Ansley v. Heinrich, 925 F.2d 1339, 1345 (11th Cir. 1991).

[73]. Siegert v. Gilley, 500 U.S. 226 (1991); GJR Investments Inc. v. Escambia County, 132 F.3d 1359, 1367 (11th Cir. 1998).  Courts should not assume that the plaintiff states a constitutional claim simply to get to the qualified immunity issue.  Siegert, 500 U.S. at 232.

[74]. Jenkins v. Talladega City Bd. of Educ., 115 F.3d 821, 826-27 n.4 (11th Cir. 1997)(en banc).  “Public officials are not obligated to be creative or imaginative in drawing analogies from previously decided cases.” Id. at 827.

[75]. Harlow, 457 U.S. at 815.

[76]. Behrens v. Pelletier, 516 U.S. 299, 313 (1996); Hunter v. Bryant, 502 U.S. 224, 228 (1991); Stone v. Peacock, 968 F.2d 1163, 1166 (11th Cir. 1992)(if there are disputed factual issues regarding qualified immunity that a jury should resolve, special interrogatories would be appropriate).

[77]. Hunter v. Bryant, 502 U.S. 224, 228 (1991).  A defendant official may assert the qualified immunity defense in 12(b)(6) motion for failure to state a claim, as an affirmative defense in a 12(c) request for judgment on the pleadings, and on a Rule 56(e) summary judgment motion.  Ansley v. Heinrich, 925 F.2d 1339, 1347 (11th Cir. 1991).

[78]. A defendant in state court does not necessarily have the right to an interlocutory appeal.  Johnson v. Fankell, 520 U.S. 911 (1997).  But see, Fla.R.App.P. 9.130(a)(3)(C)(viii).

[79]. Mitchell v. Forsyth, 472 U.S. 511, 525-26 (1985).  However, a defendant may not appeal the denial of a summary judgment motion on the issue of qualified immunity if the denial was based solely upon the existence of disputed factual issues, as opposed to a finding that the law was not clearly established, or that the defendant did not act objectively reasonably.  Johnson v. Jones, 515 U.S. 304 (1995).

[80]. Johnson v. Fankell, 520 U.S. 911 (1997)(“[I]f [qualified immunity] is found applicable at any stage of the proceedings, it determines the outcome of the litigation by shielding the official from damages liability); Behrens v. Pelletier, 516 U.S. 299, 305-11 (1996).  The other claims that remain for trial may consist of a claim against the official in his official capacity. Id.

[81]. Crawford-El v. Britton, 523 U.S. 574, 598 (1998)(“If the defendant does plead the immunity defense, the district court should resolve that threshold question before permitting discovery”); Mitchell v. Forsyth, 472 U.S. 511, 526 (1985)(“Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before commencement of discovery.”).

[82]. Summit Medical Associates, P.C. v. James, 1998 WL 125776 (M.D.Ala. 1998)(citing Goshtasby v. Board of Trustees of Univ. of Ill., 123 F.3d 427 (7th Cir. 1997))(relating to appeal of Eleventh Amendment immunity).

[83]. GJR Investments, Inc. v. Escambia County, 132 F.3d 1359, 1367 (11th Cir. 1998).

[84]. See, Richardson v. McKnight, 521 U.S. 399 (1997)(private prison guards are not entitled to qualified immunity); Wyatt v. Cole, 504 U.S. 158 (1992)(private individuals who invoked state replevin, garnishment, or attachment statutes were not entitled to qualified immunity).  However, the Supreme Court did not “foreclose the possibility that private defendants . . . could be entitled to an affirmative defense based upon good faith and/or probable cause or that § 1983 suits against private, rather than governmental, parties could require plaintiffs to carry additional burdens.”  Wyatt, 504 U.S. at 169.

[85]. See, McDuffie v. Hooper, 982 F.Supp. 817 (M.D. Ala. 1997)(private corporate health care providers who contract with government agencies are not entitled to qualified immunity); Hartman v. Correctional Medical Services, Inc., 960 F.Supp 1577, 1582 (M.D. Fla. 1996); Smith v. United States, 850 F.Supp 984, 986 (M.D. Fla. 1994).  But see, Blumel v. Mylander, 954 F.Supp 1547, 1560 (M.D. Fla. 1997).

[86]. Supreme Court of Virginia v. Consumers Union, 446 U.S. 719 (1980); Tenney v. Brandhove, 341 U.S. 367 (1951).  However, individual legislative immunity does not apply where the decision is an application of policy to a specific party.  In that instance, the act is said to be administrative as opposed to legislative. Crymes v. DeKalb County, 923 F.2d 1482, 1486 (11th Cir. 1991).

[87]. 42 U.S.C. § 1983 was amended in 1996 to provide judicial officers with immunity from injunctive relief.  This amendment partially overruled Pulliam v. Allen, 466 U.S. 522 (1984), which provided that judges were immune from suits for damages, but not injunctive relief.

[88]. Prosecutors are entitled to immunity for activities that are “intimately associated with the judicial phase of the criminal process,” but a prosecutor engaged in investigative or administrative activities is only entitled to a good faith defense.  Imbler v. Pachtman, 424 U.S. 409, 430 (1976).  See also, Kalina v. Fletcher, 522 U.S. 118 (1997).

[89]. Board of Regents v. Tomanio, 446 U.S. 478, 483 (1980).

[90]. Wilson v. Garcia, 471 U.S. 261 (1985).  But accrual of the statute of limitations is governed by federal law, while tolling of the statute of limitations is governed by state law.  Mullinax v. McElhenney, 817 F.2d 711, 716 n.2 (11th Cir. 1987).  See also, Hardin v. Straub, 490 U.S. 536 (1989); Owens v. Okure, 488 U.S. 235 (1989).

[91]. 42 U.S.C. § 1988.

[92]. One who recovers nominal damages is not a prevailing party.  Farrar v. Hobby, 506 U.S. 103, 114 (1992).  The Court reasoned that the most critical factor in determining the reasonableness of a fee award is the degree of success obtained.  Id. at 114 (citing Hensley v. Eckerhart, 461 U.S. 424, 436 (1983)).  Also, see Marek v. Chesny, 473 U.S. 1 (1985), for a discussion of the interplay between 42 U.S.C. § 1988 and the offer of judgment provision contained in Fed.R.Civ.P 68.

[93]. Christiansburg Garment Co. v. E.E.O.C., 434 U.S. 412, 421 (1978).

Thanks,


windsor bill 1970 bills us army portrait 1970 cropped 200w

William M. Windsor

I, William M. Windsor, am not an attorney.  This website expresses my OPINIONS.   The comments of visitors or guest authors to the website are their opinions and do not therefore reflect my opinions.  Anyone mentioned by name in any article is welcome to file a response.   This website does not provide legal advice.  I do not give legal advice.  I do not practice law.  This website is to expose government corruption, law enforcement corruption, political corruption, and judicial corruption.   Whatever this website says about the law is presented in the context of how I or others perceive the applicability of the law to a set of circumstances if I (or some other author) was in the circumstances under the conditions discussed.  Despite my concerns about lawyers in general, I suggest that anyone with legal questions consult an attorney for an answer, particularly after reading anything on this website.  The law is a gray area at best.  Please read our Legal Notice and Terms.

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windsorinmontana@yahoo.com 

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What Bill Windsor has learned about Corruption since 2008


In 2007, Bill Windsor was awfully naive for a former president of a Goldman Sachs company. He thought judges were honest. He has learned there is no such thing...

William Michael Windsor was found guilty of being NAIVE.

In 2008, 60-year-old Bill Windsor was sued in a completely bogus lawsuit that it turns out was designed to stop him from discovering a multi-billion dollar fraud.

$2,000,000 in legal fees later, William Michael Windsor ceased to be so naive.

32-year Federal Judge Orinda D. Evans took Bill Windsor from a retired multi-millionaire to a poor person.  Horrendous Orinda also made Bill Windsor an Activist.  Bill Windsor hates, loathes, and despises liars, and Judge Orinda D. Evans lied and lied and lied some more to take care of the largest law firm in Georgia that represented the New York liars who had sued him.

Even after this, Bill remained naive.  He did not stop to think that if Judge Orinda D. Evans did this to him, she would be doing it to others.  Or that other judges were corrupt.

The naive light started to flicker when the Eleventh Circuit Court of Appeals failed to reverse Orinda D. “the Liar” Evans.  Then the United States Supreme Court refused to tell the federal judges in Georgia that they had to abide by the United States Constitution.  Even then, Bill Windsor did not realize he was not the only Mohican experiencing this.

An article ran online asking if the United States Supreme Court had voided the Constitution.  It was the story of William Michael Windsor’s pro se journey to the United States Supreme Court.  The article gave Bill’s email address and a home telephone number.  Over 7,000 people emailed Bill to tell their stories of judicial and government corruption.  Bell South’s voicemail system broke after better than 600 people called and left voicemails telling their stories.

So, no more naivete…kind of.  Bill still wants to believe some people are honest.  That’s just his nature.

Bill came up with one idea after another to try to help save America.  He launched LawlessAmerica.com and began publishing articles.  Over a decade later, millions of eyeballs have seen the 1,727 articles.  This has clearly been the most effective thing he has done.  He has had to battle haters, hackers, malware, and corrupt government officials.

In 2010, former radio and TV announcer Bill Windsor began an online radio show.

Bill generated over 50,000 followers on Facebook until they canceled his page due to “nudity, pornography, and solicitation of sex.”  AT&T canceled his long-time email address claiming a violation of terms of service (never to be identified).  Bill has had his life threatened hundreds of times.  Sean Boushie attempted to murder him, but missed and hit the car next to him.  While he has never committed a crime, Bill was held in jail for 134 days.

In 2012 and 2013, Bill drove to all 50 states to produce and direct a documentary about government, judicial, and law enforcement corruption.  Before he departed, he told his radio listeners that he didn’t believe there was an honest judge anywhere in America.  People told him not to say that as he would lose all credibility.  A year and 1,500 interviews later, Bill Windsor KNOWS he has found only two seemingly honest judges — one in Gwinnett County Georgia, Judge Joseph C. Iannazzone, and Supreme Court Justice Amy Coney Barrett.  But Judge Joseph C. Iannazzone was back before Bill had become the leading authority in America on judicial corruption.  Now he has a target on his back that glows in the dark.

Judge Iannazzone Amy Coney Barrett

We live in Lawless America.  Our Constitution is amazing, and we have many great laws.  The problem is that the Constitution, the laws, and the rules are routinely violated.  That puts us in Lawless America.

In 2021 and 2022, Bill experienced first-hand that everyone in Texas is corrupt — judges, government officials, government agencies, attorneys, court personnel, district attorneys, police, sheriffs, you-name-it.  Bill is preparing to sue the State of Texas in the United States Supreme Court.  Perhaps Justice Amy Coney Barrett will do the right thing.  Naive?  Or an eternal optimist?

If we have any chance to save America, it is up to all of us Nobodies.  Explain briefly to at least one person a day that none of us will ever see justice unless we educate millions of our fellow residents of Lawless America. 


 

Bill Windsor

I, William M. Windsor, am not an attorney.  This website expresses my OPINIONS.   The comments of visitors or guest authors to the website are their opinions and do not, therefore, reflect my opinions.  Anyone mentioned by name in any article is welcome to file a response.   This website does not provide legal advice.  I do not give legal advice.  I do not practice law.   This website is to expose judicial corruption, government corruption, law enforcement corruption, attorney wrongdoing/corruption, and political corruption.   Whatever this website says about the law is presented in the context of how I or others perceive the applicability of the law to a set of circumstances if I (or some other author) was in the circumstances under the conditions discussed.  Despite my concerns about lawyers in general, I suggest that anyone with legal questions consult an attorney for an answer, particularly after reading anything on this website.  The law is a gray area at best.  Please read our  Legal Notice and Terms

http://www.LawlessAmerica.com

windsorinsouthdakota@yahoo.com 

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Copyright, 2022, Lawless America

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Fraudulent Inducement upon the Family of Tom Kibler

 


Tom Kibler and his family are the victims of fraudulent inducement.

This article was written by Tom Kibler. His full story is at https://www.1694valerielanenewbrightonmn.com/

Continue reading Fraudulent Inducement upon the Family of Tom Kibler

Judge Jim Meyer accused of being Unfit in Case of The Delaney at Lake Waco Nursing Home – Managed by Life Care Services

Judge Jim Meyer (“Oscar”) of Waco, Texas appears to be suffering from an impairment that makes him unfit to be a judge. Cause Number 2021-3814-5 in McLennan County District Court in Waco, Texas…

MOTION FOR RECONSIDERATION

Now comes William M. Windsor (“Windsor”), Third-Party Defendant and Counter-Defendant, and files this Motion for Reconsideration:

I ask that all matters before Judge Jim Meyer on January 12, 2022 be reconsidered.  Judge Jim Meyer demonstrated he is unfit for office.  He ignored the facts and the law.  He denied my rights repeatedly.  He was dazed and confused.  He cut the hearing off before it was over and made oral rulings that had absolutely no basis in fact or law.  He literally did not know who I was or why I was there.

If Judge Jim Meyer has dementia or Alzheimer’s, he needs to recuse himself and retire.  He could get a 224-square-foot maintenance closet-like room at The Delaney at Lake Waco.  Another judge should hear this motion.

If Judge Jim Meyer was drunk or under the influence of mind-altering drugs, he needs to recuse himself, retire, and go into rehab.

Attorney Jim Dunnam has admitted that he interfered with the subpoenaed testimony of Wanda Dutschmann.  This is a crime.

Doug Dutschmann committed several crimes during his testimony – false criminal charge against me and Aggravated Perjury.

The events of 1/12/2022 must be reconsidered.

FACTUAL BACKGROUND

1.                  On January 5, 2022, a hearing was held on Marcie Schreck’s (“MARCIE”) Motion for a Temporary Restraining Order.  I, a party, was excluded from the hearing.  On January 5, 2022 at 1:07 p.m., I sent an email complaining and asking that my Motion for Rehearing be set.  In it, I asked Judge Jim Meyer to recuse himself. [EXHIBIT 355.]

2.                  On January 6, 2022, Trisha of the 170th Court sent me an email setting my Motion for Rehearing for 1/12/2022. [EXHIBIT 356.] [EXHIBIT 360.]

3.                  This Court held a hearing on 1/12/2022.  It was on my Motion for Rehearing due to my exclusion from the January 5, 2022 Hearing.  Judge Jim Meyer did not allow me to present my motion. 

4.                  He began the hearing by having MARCIE Schreck testify under oath.

5.                  Judge Jim Meyer seemed very confused.  Any honest person who attended the hearing observed that Judge Jim Meyer seems to be unfit for office.

6.                  Judge Jim Meyer sat at the bench giggling at times.  There didn’t appear to be anything going on that was giggle-worthy.  I asked him if that was gas pains or was he laughing at something.  He didn’t respond.  He may not have heard me or understood the question.

7.                  There were objections and motions that he never addressed.

8.                  On multiple occasions, Judge Jim Meyer didn’t know who I was or why I was there.  He kept claiming I wasn’t a party.  I explained it to him.  I was sued by not one, but two of the Defendants, so I was a Third-Party Defendant and a Counter-Defendant.  [EXHIBITS 358 and 359.]  Judge Jim Meyer kept flipping through paper and didn’t seem to know who he was or where he was.

9.                  After a lunch break, Judge Jim Meyer once again did not know who I was or why I was there.  He denied me the right to cross-examine a witness, claiming for perhaps the fourth time that I was not a party.  He looked lost, dazed, and confused.  He clearly was not understanding what was taking place in the courtroom.

10.              Judge Jim Meyer denied my motion for temporary relief when he claimed he knew nothing about it and then heard only my first sentence.

11.              He ended the hearing by very quickly ruling against MARCIE Schreck and me and in favor of the clients of Susan Briones and Jim Dunnam.  He did this when there were witnesses who had been subpoenaed that were still to be called to testify and without listening to the audio recordings he promised to listen to completely before issuing a ruling.

12.              After the hearing, attorney Jim Dunnam told MARCIE Schreck and me that Wanda Dutschmann had been served with a subpoena for the hearing and that he made arrangements to block her from appearing.  That’s a crime.

13.              I suspect Alzheimer’s or Dementia with Judge Jim Meyer.  Judge Jim Meyer is either mentally ill or has a substance abuse problem.  His actions and inactions in the case were beyond outrageous, but his mental issues were equally outrageous.

14.              Rule 8.03 of The Texas Code of Professional Conduct requires that attorneys report him. If they don’t report him, they will have violated the Rules, and I will file a Bar Complaint against them.  I emailed all of them on 1/12/2022 asking them to please advise me if they will file a complaint. [EXHIBIT 357.]

15.              Rule 8.03. Reporting Professional Misconduct (a) Except as permitted in paragraphs (c) or (d), a lawyer having knowledge that another lawyer has committed a violation of applicable rules of professional conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate disciplinary authority. (b) Except as permitted in paragraphs (c) or (d), a lawyer having knowledge that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judge’s fitness for office shall inform the appropriate authority. (c) A lawyer having knowledge or suspecting that another lawyer or judge whose conduct the lawyer is required to report pursuant to paragraphs (a) or (b) of this Rule is impaired by chemical dependency on alcohol or drugs or by mental illness may report that person to an approved peer assistance program rather than to an appropriate disciplinary authority. If a lawyer elects that option, the lawyer’s report to the approved peer assistance program shall disclose any disciplinary violations that the reporting lawyer would otherwise have to disclose to the authorities referred to in paragraphs (a) and (b).

 

ARGUMENT

1.                  This hearing was a no-brainer.  Unfortunately, Judge Jim Meyer was not fit for the task.  He was clearly unfit to be a judge, and he showed extreme bias against MARCIE Schreck and me.

2.                  MARCIE gave the following testimony and argument in Paragraphs 18 to 104:

3.                  Wanda Dutschmann (GREAT-GRANDMA) was born April 11, 1939.  She has five children, 23 grandchildren, and 16 great-grandchildren.

4.                  From 1981 to 1985, Lydia Dutschmann, my paternal grandmother, was cared for by me in her home.  Arlene Standrdidge, GREAT-GRANDMAs mother, came down with Alzheimers, and I took Arlene into my home and cared for her from 1992 to 1995.  I currently care for my two special needs adult sons. 

5.                  According to McLennan County records, GREAT-GRANDMA had no power of attorney from April 11, 1939 to purportedly September 8, 2019.

6.                  On September 8, 2019, a Statutory Durable Power of Attorney was filed in McLennan County claiming to make DOUG Dutschmann (“DOUG”) the attorney-in-fact for GREAT-GRANDMA. [EXHIBIT 1. ]   It did not name a co-agent.   It states that authority ceases upon notice of termination .   It was terminated.   Upon information and belief, it was forged, and the notary is fraudulent.  According to GREAT-GRANDM A, i t was no t executed by my MOM where she was living at Westview Manor Nursing Home.  MICHAEL Dutschmann (“MICHAEL”) and DOUG cla i med she had dementia, so I dont believe she could sign , if that was the case .

7.                  On October 15, 2019, a Statutory Durable Power of Attorney was filed in McLennan County claiming to make Michael Dutschmann the attorney-in-fact for GREAT-GRANDMA. [EXHIBIT 2.]  This was done as DOUG had reportedly resigned.  It did not name a co-agent.  It states that authority ceases upon notice of termination.  It was terminated on December 21, 2021.  Upon information and belief, it was forged, and the notary is fraudulent.  According to GREAT-GRANDMA, it was not executed by my MOM where she was living at Westview Manor Nursing Home.  MICHAEL and DOUG claimed she had dementia, so I dont believe she could sign, if that was the case.

8.                  Upon information and belief, GREAT-GRANDMA is paying $3,900 per month for the abuse at THE DELANEY AT LAKE WACO.  Upon information and belief, MICHAEL and DOUG have been using GREAT-GRANDMAs inheritance to pay this rather than Medicare, Medicaid, Social Security, or the rental trailer on her property.

9.                  I have offered to care for GREAT-GRANDMA in my home.  I have offered to move her to a better facility.

10.              Doug Dutschmann and Michael Dutschmann live in the Waco area and have seized control of GREAT-GRANDMAIn my opinion, this is so they have control of her money and assets.  I dont believe they care about her.  They havent visited her very often.  According to sister KRISSY Matthews, they are using GREAT-GRANDMAs money to pay for the attorney they have retained to defend themselves in this lawsuit.

11.              GREAT-GRANDMA received $100,000 in insurance proceeds from a life insurance policy on her husband, Floyd Dutschmann.  DOUG seized the money, and I believe he has spent it for unauthorized purposes.

12.              Doug Dutschmann and Michael Dutschmann have seized control of Wanda Dutschmanns real property by filing Deeds with McLennan County. [EXHIBITS 3, 4, 5, and 6.]  The transfer by Floyd Dutschmann and GREAT-GRANDMA was to be temporary.  DOUG and MICHAEL have not returned the Deeds to GREAT-GRANDMAs name.  DOUG has been enjoying $500 per month from rental of a trailer on a piece of the property.  GREAT-GRANDMA executed a letter on January 21, 2021 expressing one of her wishes on the property. [EXHIBIT 7.]  Her other wishes are expressed in her Will [EXHIBIT 11].  She modified this on December 23, 2021. [EXHIBIT 351.]

13.              I obtained expensive $6,000 hearing aids for GREAT-GRANDMA, but she was unable to use them.  Her ears are severely impacted with wax, and Scott BUSHONG of The Delaney AT LAKE WACO falsely claims they are not.  I retained an Audiologist, Josh Guerra of Heritage Mobile Hearing, to go see GREAT-GRANDMA.  He reported that GREAT-GRANDMAs ears were badly impacted.  He used a special camera to see deep down in her ear canal.  He took ear impressions on October 7, 2021.  He reported that the staff of The Delaney did not seem to care and appeared to be abusing GREAT-GRANDMA.  He said they were making GREAT-GRANDMA sit in her feces.  Josh had to go demand that The Delaney clean her up.  I have an audio recording of this report. [EXHIBITS 39 and 40.]

14.              Upon information and belief, GREAT-GRANDMAs hearing was never checked by THE DELANEY AT LAKE WACO or their doctors and nurses.  No one ever installed the hearing aids or showed GREAT-GRANDMA how to use them until I hired an audiologistI instructed THE DELANEY AT LAKE WACO to secure them every night, but upon information and belief, THE DELANEY AT LAKE WACO did not.  THE DELANEY will not put the drops in her ears that are needed for her ears to be cleaned out.  At least one of the hearing aids is now missing, and I believe it was stolen.

15.              GREAT-GRANDMA has been placed in the mental unit at THE DELANEY AT LAKE WACO .  Upon information and belief, no doctor has ever done a proper examination for dementia.  The Medical Records that we have obtained show no examination or testing.  GREAT-GRANDMA does not have dementia.   I believe Doug and Michael put her there to limit her interaction with others and hasten her death.  If GREAT-GRANDMA dies, they will likely succeed in what I believe is the theft of her REAL PROPERTY.

16.              GREAT-GRANDMA has suffered neglect by THE DELANEY AT LAKE WACO.  This is detailed in my PETITION, and I will play audio tapes at the Permanent Injunction Hearing.

17.              There isnt even water in GREAT-GRANDMAs room at THE DELANEY AT LAKE WACO.

18.              GREAT-GRANDMA has been denied assistance with personal hygiene at THE DELANEY AT LAKE WACO.  She has been allowed to sit in her feces.  She has been allowed to go many days at a time without a bath or a change of clothing.

19.              GREAT-GRANDMA has been denied medical care. 

20.              GREAT-GRANDMA is housed in what is called the Memory Care unit at THE DELANEY AT LAKE WACO The website for THE DELANEY AT LAKE WACO claims Memory Care is for those with Alzheimer s disease and other related dementias.  GREAT-GRANDMA has never been diagnosed with either.  GREAT-GRANDMA is not being treated with medications for dementia.  She apparently never has been.

21.              GREAT-GRANDMA has been denied a way to communicate with the staff of THE DELANEY AT LAKE WACO for help except by screaming.  There is no intercom; there is no cord that can be pulled for help; there is no call button; there is no telephone.  There isnt even a tin can with a waxed string.

22.              GREAT-GRANDMA is not safe at THE DELANEY AT LAKE WACO.

23.              GREAT-GRANDMA has called me many times crying and discussing problems.  I have many audio recordings of this on the Flash Drive and in the DROPBOX. [EXHIBITS 337, 31, 85, 99, 105, 110, 210, 135, 136, 185, 189, 346.]  

24.              I tender EXHIBITS 337, 31, 85, 99, 105, 110, 210, 135, 136, 185, 189, and 346.

25.              Id like to play 34-seconds of EXHIBIT 337 recorded on January 9, 2022. 

[EXHIBIT 337 “Get me out of here. Its bad.  0:00 to 0:34.”]

26.              I tender EXHIBIT 337.

27.              GREAT-GRANDMA asked me to become her power of attorney, and she asked my help in preparing a will.  GREAT-GRANDMA has never had a will.  I came to THE DELANEY AT LAKE WACO on December 18, 2021 to see GREAT-GRANDMAHer ears are horribly impacted.  She had no food or water.  She hadnt had a bowel movement in a long time, and her stomach was hurting badly.  Her hearing aids were missing, and she has difficulty hearing

28.              On December 18, 2021, when I visited GREAT-GRANDMA at THE DELANEY AT LAKE WACO, I found GREAT-GRANDMAs roommate, Barbara H, lying on the floor unconscious in a diaper. [EXHIBIT 204.]  I took this photo.

29.              I tender EXHIBIT 204.

30.              GREAT-GRANDMA told me that she has fallen just like Barbara H multiple times in the bathroom and the room.  Other residents were standing around and came in the room and told me this woman falls all the time, and THE DELANEY AT LAKE WACO does nothing.  The so-called aids just holler at them to get up.  It was very clear that Barbara H could not get up or help herself.  MARLENE MORROW just kept yelling for her to get up!  She finally jerked her up and never checked to see if she was injured.  GREAT-GRANDMA told me that MARLENE MORROW is THE DELANEY AT LAKE WACO employee who treats her mean regularly. 

31.              On December 18, 2021, GREAT-GRANDMA executed a Statutory Durable Power of Attorney, a Medical Power of Attorney, and a Will.  THE DELANEY AT LAKE WACO refused to provide a notary or witnesses.  I arranged a notary and witnesses, but THE DELANEY AT LAKE WACO refused access. [EXHIBITS 9, 10, and 351.]  THE DELANEY AT LAKE WACO had no legal right to refuse access.  GREAT-GRANDMA had the mental ability to make a rational decision.  She had the ability to perceive, appreciate all relevant facts, and to reach a rational judgment upon such facts.

32.              On December 18, 2021, when I visited GREAT-GRANDMA for about four hours, she said she did not have diapers.  She needed pull-ups.  GREAT-GRANDMA called sister KRISSY Matthews to bring her diapers.  KRISSY Matthews never called back.  I called sister KRISSY about this, and she never called back.

33.              On December 19, 2021 and December 20, 2021, I visited GREAT-GRANDMA.

34.              On December 21, 2021, ALYSSA CLARIDY and SCOTT BUSHONG of THE DELANEY AT LAKE WACO refused to wheel GREAT-GRANDMA to the front door where two witnesses and a notary were arranged to do their jobs.  Scott BUSHONG refused to transport GREAT-GRANDMA to the front door or front porch.  The people who had been hired were sent home.

35.              On December 21, 2021, SANDRA ROBINSON, SCOTT BUSHONG, and ALYSSA CLARIDY claimed THE DELANEY was being locked down due to COVID.  This was a lie.

36.              I have a legal obligation to remove GREAT-GRANDMA from a dangerous environment.  My PETITION details my efforts.  Rather than save my mother, the police threatened me and GREAT-GRANDMAs 79-year-old friend with arrest.

37.              On December 21, 2021, I was finally allowed to see GREAT-GRANDMA again out in the courtyard.  GREAT-GRANDMA executed a Withdrawal of Power of Attorney that withdrew all rights to Michael Dutschmann or DOUG Dutschmann. [EXHIBIT 12.] 

38.              I tender EXHIBIT 12.

39.              GREAT-GRANDMA was VERY clear in what she was doing.  I gave a copy of the termination to THE DELANEY AT LAKE WACO and notified MICHAEL Dutschmann and the WACO POLICE DEPARTMENT.

40.              On December 21, 2021, I went to the McClennan County Clerks Office to file the Statutory Durable Power of Attorney, but I was denied as it has not yet been notarized.

41.              On December 22, 2021, I gave GREAT-GRANDMAs Withdrawal of Power of Attorney for Michael Dutschmann to THE DELANEY AT LAKE WACO. [EXHIBIT 12.]  THE DELANEY AT LAKE WACO refused to recognize its validity.  Texas Statute Chapter 752 does not require notarization of a withdrawal. [EXHIBIT 13.]  Page 1 of the 2019 Statutory Durable Power of Attorney states: Unless you specify otherwise…the attorney-in-facts authority will continue until (1) you die or revoke the power of attorney.  Pages 4 and 5 of the 2019 Statutory Durable Power of Attorney state:

Termination of Agent s Authority

 

You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney.  An event that terminates this power of attorney or your authority to act under this power of attorney includes:

 

(2) the principals revocation of this power of attorney or your authority;

 

42.              On December 22, 2021, I notified Michael Dutschmann in person that his power-of-attorney had been terminated by GREAT-GRANDMAWilliam Windsor, notified Michael Dutschmann by telephone that his power-of-attorney had been terminated by GREAT-GRANDMA.

43.              On December 22, 2021, I coordinated a notary, two paid witnesses, grandson Hunter Tyler Schreck, and old friend Betty Elliott to meet me at THE DELANEY AT LAKE WACO for the signing, witnessing, and notary work.  ALYSSA ClaRIdy of THE DELANEY AT LAKE WACO told me they were bringing GREAT-GRANDMA down.  They never did. 

44.              On December 23, 2021, Paula SMITH of The Delaney AT LAKE WACO claimed GREAT-GRANDMA has Dementia, and they will not honor her Medical Power of Attorney.  This is on a tape recording. [EXHIBIT 56.]  If she had dementia, she had dementia whenever she purportedly signed any power of attorney, so they should not honor anything.  The employees of THE DELANEY AT LAKE WACO have blatantly conspired with MICHAEL Dutschmann, DOUG Dutschmann, KRISSY Matthews, and JILL Perryman.

45.              I was prepared to call 911 for the police and an ambulance, but I held off because ClaRIdy told me GREAT-GRANDMA was on the way down.   This was all a fraud to buy time for THE DELANEY AT LAKE WACO to call 911 before I did.   That gave THE DELANEY AT LAKE WACO control of the police.   KRISSY Matthews arrived and told anyone who would listen that I am psychotic.  KRISSY Matthews is not a doctor, but she has had several stays in mental hospitals.  Sister JILL Perryman had also spent time in a mental hospital.  I have a one-hour-and-thirty-minute recording f rom the time of my arrival at THE DELANEY AT LAKE WACO until I departed.

46.              On 12/23/2021, THE DELANEY AT LAKE WACO called 911 and charged senior citizens me (age 62) and 79-year-old Betty Elliott with criminal trespassing as we waited for GREAT-GRANDMA to be brought down.  Detective Clark and Officer Green of the Waco Police Department told Betty Elliott and me that we were being issued a Criminal Trespass.  We refused to surrender our licenses as we were being unlawfully seized and detained.

47.              Detective Clark claimed GREAT-GRANDMA said she was fine.  GREAT-GRANDMA did later acknowledge to me that she was frightened by police everywhere and did not know why they were asking.  She said she was fine, meaning no one had tried to assault her or kill her.  GREAT-GRANDMA was not asked specific questions.

48.              December 22, 2021, Detective Clark claimed a medical person examined GREAT-GRANDMA and said she was fine.  GREAT-GRANDMA reports she was never examined.  Detective Clark admitted that GREAT-GRANDMAs inability to have a bowel movement was not addressed.  Detective Clark admitted that her ears were not examined.  I have an audio recording of this. [EXHIBIT 53.]  I later learned that the ambulance was with American Medical ResponseAMR never spoke with me or anyone with the group I had assembled.

49.              On December 23, 2021, Detective Clark and Officer Green of the Waco Police Department said this was a civil matter, not a criminal matter, but threatened BETTY Elliott and me with criminal charges for disturbing the peace if we didnt leave.  BETTY Elliott and I left after being harassed, threatened, and denied access to GREAT-GRANDMA.  It actually is a criminal matter.  Many crimes have been committed.  MICHAEL Dutschmann told the officers:do not take her to the hospital.” [EXHIBIT 53.]

50.              According to the Records Department for the Amarillo Police Department, there was no report filed.

51.              Texas Penal Code Section 42.01 is the law regarding disorderly conduct.  There is no such thing as a crime of disturbing the peace.

52.              Neither BETTY Elliott nor I did any such thing, and we have five witnesses as well as audio recordings. [EXHIBIT 53.]

53.              Detective Clark and Officer Green committed several violations of the law , and they kept GREAT-GRANDMA at risk.

54.              On 12/23/2021 at 2:46 p.m., KRISSY Matthews sent a text message to my husband claiming I was causing a huge disturbance. [EXHIBIT 14.]  She said I will be arrested if I came to THE DELANEY AT LAKE WACO again.  KRISSY Matthews claimed MICHAEL Dutschmann has power of attorney, which he does not.  KRISSY Matthews said “me, Jill, Michael, and Doug have all written letters saying we dont want MARCIE to come on the premises of THE DELANEY AT LAKE WACO because of her causing a huge disturbance, upsetting mama and causing her stress and falsely accusing Delaney of abusing mama.”  I dont know about the letters, but the rest is all false.  I have tape recordings and witnesses to prove it.  KRISSY Matthews claims MICHAEL Dutschmann is filing a restraining order against me.  That hasnt been done, but brother DOUG Dutschmann has sued Mr. Windsor and me for contacting my mother.  He sued us as WANDA DUTSCHMANN.

55.              I tender EXHIBIT 14.

56.              Since December 23, 2021, THE DELANEY has hung up on me attempting to speak to GREAT-GRANDMA, or they intercept my calls and let them ring forever

57.              On December 23, 2021 at approximately 4:40 p.m., a complaint was made in person to the Waco Police Department by me for elder abuse and a request for an ambulance to go to THE DELANEY AT LAKE WACO to take GREAT-GRANDMA to the hospital.  Officer Law spoke by telephone with GREAT-GRANDMA who told him she needed to go to the hospital and did not want to stay at The Delaney. [EXHIBIT 57 .]  Officer Law left the room to speak with his sergeant.  He said that since AMR Ambulance did not find anything wrong, the police would do nothing.  GREAT-GRANDMA said she never saw an ambulance person and was never examined.  Officer Law violated GREAT-GRANDMAs rights and failed to protect her.

58.              I tender EXHIBIT 57.

59.              On December 24, 2021, I returned to Amarillo as I could not reach anyone on the holiday weekend to help save GREAT-GRANDMA.

60.              On December 24, 2021 just after noon, I faxed a letter to GREAT-GRANDMA at 254-870-9819. [EXHIBIT 16.]  The Fax Transmission was successful.  I spoke to GREAT-GRANDMA at about 4 p.m., and she had not been given the faxed letter.  She has never been given the letters we have faxed to her.

61.              On December 26, 2021, GREAT-GRANDMA called me three times.  She called on her own; she wanted to know what was going on; and would I still help her.  She had not received the faxed letter.  None of the family had been to see her.  She asked me to take her to the Scott & White Hospital.  She reported that her bowels had not been cleaned out, and nothing had been done to her ears.  She reported that she doesnt have her hearing aids. [EXHIBITS 84, 85.]

62.              On December 25, 2021 and December 26, 2021, I called THE DELANEY AT LAKE WACO several times attempting to reach GREAT-GRANDMA.  Alma hung up on me and then my calls rang forever without an answer.  This continued on December 26, 2021 and December 27, 2021. [EXHIBITS 80, 81, 82.]

63.              On December 27, 2021, GREAT-GRANDMA called me at least two times.  She called on her own.  She reported that her bowels had not been cleaned out, and nothing had been done to her ears.  She reported that she doesnt have her hearing aids. [EXHIBITS 99, 100.]

64.              On December 28, 2021, GREAT-GRANDMA called me at least seven times.  She called on her own.  She reported that her bowels had not been cleaned out, and nothing had been done to her ears.  She reported that she doesnt have her hearing aids. [EXHIBITS 105, 104, 106, 108.]

65.              On December 29, 2021, GREAT-GRANDMA called me at least five times.  She called on her own.  She reported that her bowels had not been cleaned out, and nothing had been done to her ears.  She reported that she doesnt have her hearing aids. [EXHIBITS 109, 110, 111.]

66.              On December 30, 2021, GREAT-GRANDMA called me at least once. 

67.              On December 31, 2021, GREAT-GRANDMA called me at least five times.  She called on her own.  She reported that her bowels had not been cleaned out, and nothing had been done to her ears.  She reported that she doesnt have her hearing aids. [EXHIBITS 125, 126.]

68.              On January 1, 2022, GREAT-GRANDMA called me at least once. 

69.              On January 2, 2022, WINDSOR played a recording for the voice mail of LCS, attorney Susan Briones, Jill Perryman, Krissy Matthews, Joel Nelson, CEO of LCC, Bridgette Uhlemann, in-house counsel for LCC and registered agent for LCS Waco Operations, Scott Bushong, and Barbara Weir,

70.              On January 2, 2022 at approximately 4:50 p.m., WINDSOR called American Medical Response, the ambulance service for the City of Waco.  He reached KayKay.  She dispatched an ambulance to The Delaney AT LAKE WACO.  She said she would call the police to send someone out for a welfare check on Wanda Dutschmann.  Kay-Kay reported that the ambulance was there, but there was a delay.  WINDSOR told me he was pretty sure he knew what that meant – liars from The Delaney AT LAKE WACO denying GREAT-GRANDMA her medical right to go to the hospital.

71.              GREAT-GRANDMA called Marcie Schreck and WINDSOR a little later on January 2, 2022 to say: “…the police came, but they didnt save me.”  “They had the the the thing that you lay down on, whatever you call it, but they took it with them.”  GREAT-GRANDMA felt like she was inches from freedom.  But she was heartbroken when she reported that someone from The Delaney AT LAKE WACO spoke to the ambulance people and the officers, and they took the stretcher but left her behind.  The first 2:11 of EXHIBIT 210 in the dropbox tells the important part of the story. 

72.              On January 2, 2022 at 9:43 pm., WINDSOR sent an email to Defendants. [EXHIBIT 225.]  He attached the audio recording of GREAT-GRANDMA saying Dr. David Fedro had not examined her.  GREAT-GRANDMA says she was never seen by Dr. David Fedro or any doctor. [EXHIBIT 133.]  Upon information and belief, someone impersonated Dr. David Fedro to the police.  If it wasnt for this impersonator, GREAT-GRANDMA would have made it to the hospital, and her documents would have been witnessed and notarized there.  WINDSOR told me he reported criminal complaints against The Delaney AT LAKE WACO.  He told me a demand was made on Michael Dutschmann or financial information.

73.              On January 2, 2022 at 11:20 pm., WINDSOR sent an email to Defendants.  He attached the audio recording of Sergeant Aaron Mitzel of the Waco Police Department saying he spoke with Defendant Dr. David Fedro who told him he evaluated Wanda Dutschmann that day and there was no reason to go to the ER. [EXHIBIT 224.]  GREAT-GRANDMA says she was never seen by Dr. David Fedro or any doctor. [EXHIBIT 133.]  Upon information and belief, someone impersonated Dr. David Fedro to the police.  If it wasnt for this impersonator, GREAT-GRANDMA would have made it to the hospital, and her documents would have been witnessed and notarized there.

74.              On January 2, 2022, GREAT-GRANDMA called me at least 13 times.

75.              On the evening of January 3, 2022, GREAT-GRANDMA called to report that her mail had been “intercepted.”  GREAT-GRANDMA wheeled herself to an area where there can sometimes be snacks.  She was expecting mail from me, so when she saw several envelopes addressed to residents laying on the counter, she looked at the addresses to see if any were for her.  Hidden under the stack, she found an envelope without a stamp on it that was addressed to her.

76.              On January 3, 2022, GREAT-GRANDMA called me at least two times.

77.              On January 3, 2022, WINDSOR told me he called Scott Bushong and left this demand from Marcie Schreck for him.

78.              On January 3, 2022, I sent an email to Defendants demanding return of her stolen FedEx shipment. [EXHIBIT 230.]

79.              On January 4, 2022, I sent an email to Defendants saying: “My Federal Express shipment to my mother, Wanda Dutschmann, was taken by someone with The Delaney AT LAKE WACO.  I demand it be immediately returned by delivering it to my mother and calling me on the phone so I can speak with her while one of the Delaney Defendants is present.  Mom will sign the letter to The Delaney AT LAKE WACO and hand it to the Delaney Defendant.  She will also sign the letter to Michael Dutschmann, and The Delaney must have it delivered to him personally before the hearing on Wednesday.”  M. Margaret signed for it on December 31, 2021.  One or more people opened GREAT-GRANDMAs package, hid a letter to her, and took two stamped letters that were in her FedEx envelope.  This is conversion as well as theft. [EXHIBIT 231.]

80.              On January 4, 2022, WINDSOR informed me he sent an email to Defendants about the burglary at The Delaney AT LAKE WACO and the many crimes he believes have been in this case. [EXHIBIT 229.]

81.              On January 4, 2022, GREAT-GRANDMA called me at least once.

82.              On January 8, 2022, GREAT-GRANDMA called me at least five times.

83.              On January 9, 2022, GREAT-GRANDMA called me at least once.

84.              I have not yet been able to calculate how many other times she called

85.              I dont believe Michael Dutschmanns or DOUG Dutschmanns Statutory Durable Powers of Attorney were ever valid.  I believe the signatures are forged and the notary is falsified.  GREAT-GRANDMA reports she never signed any such document before a notary. 

86.              Furthermore, GREAT-GRANDMA revoked the Medical Power of Attorney, as the statute allows.  The Texas Health and Safety Code provides that treatment may not be withheld if GREAT-GRANDMA objects.  She has repeatedly objected to being denied examination by a doctor at a hospital.  I believe The Delaney AT LAKE WACO has violated Texas Health and Safety Code Section 166.152.  I believe the signature was forged.  The Medical Power of Attorney requires two signatures, and the signature of a family member is not allowed.  There was only one purported witness, son DOUG Dutschmann, so the Medical Power of Attorney was never valid.  And, there is no certification to activate it as the statute requires.

87.              Calls, emails, and faxes to all the DEFENDANTS have been ignored.

88.              I provided notice to the DEFENDANTS prior to the filing of the request for a Temporary Injunction.  They were told I would be seeking a Temporary Injunction.  

1.                        GREAT-GRANDMA is without a will, power of attorney, or medical power of attorney, and this will cause probable, imminent, and irreparable injury.  GREAT-GRANDMA needs to go to the hospital, and she needs her assets to be protected.INTRODUCTION

89.               

I respectfully request that the Court issue an order:

1.      granting a Temporary Injunction to direct The Delaney at Lake Waco, LCS Waco Operations LLC, Life Care Companies LLC, Joel D. Nelson, Scott Bushong, Paula Smith, Alyssa Claridy, Michael Dutschmann, Doug Dutschmann, and all DEFENDANTS to cease interfering with my access to Wanda Dutschmann;

 

2.      granting a Temporary Injunction to declare that Wanda Dutschmanns Powers of Attorney were revoked in writing on December 21, 2021, and thereafter in writing and orally;

 

3.      granting a Temporary Injunction to declare that Texas Health and Safety Code Chapter 166.155 means the Medical Power of Attorney of Wanda Dutschmann was revoked;

 

4.      directing that a notary and witnesses shall be allowed to come to THE DELANEY or the hospital to witness Wanda Dutschmanns execution of her legal documents;

 

5.     requiring MICHAEL and DOUG Dutschmann to immediately provide full financial records relating to Wanda Dutschmann to me;

90.              That ended MARCIE’s testimony, though there was cross-examination.  MARCIE Schreck has ordered the Hearing Transcript, which SHOULD report what happened.

91.              I, William Windsor, was ultimately given the opportunity to testify and argue, though Judge Jim Meyer didn’t seem to comprehend why.  My testimony and argument detail why the facts and the law mandated that an honest and mentally fit judge had no option but to grant the relief MARCIE Schreck and I requested.  Paragraphs 107 to 152 are what I had to say:

92.              Im not quite sure what my designation is, but Third-Party Defendant is one, Counter-Defendant appears to be another, and now I guess Im a ThirdParty Plaintiff.  I filed  hereby files this Motion for Rehearing because I was excluded from the January 5, 2022 hearing.

93.              Wanda Dutschmann (GREAT-GRANDMA), is a senior.  82-years-old.

94.              GREAT-GRANDMA is being held captive in The D elaney at Lake Waco, and The Delaney at Lake Waco is committing a wide variety of wrongs in denying GREAT-GRANDMAs rights.  GREAT-GRANDMA has no will, no power of attorney, and no medical power of attorney.  MARCIE Schreck and I have been trying to fix that.  The Delaney at Lake Waco , Michael Dutschmann, D oug Dutschmann, Jill Perryman, and Krissy Matthews have conspired to block GREAT-GRANDMAs efforts to have her Statutory Durable Power of Attorney, Medical Power of Attorney, and Last Will and Testament notarized and/or witnessed.

95.              I have read the Transcript of the January 5, 2022 hearing, and I am very disturbed by what I read [EXHIBIT 239 in DROPBOX.]  It seemed to me that you (Judge Jim Meyer) were biased against MARCIE Schreck because she is pro se.  You suggested she get an attorney.  She cant afford an attorney.  I know this to be a fact as I have reviewed the Statement of Inability to Pay which is Docket #1 in this case.  Thats why approximately 50% of the parties in courtrooms today are pro se.  MARCIE Schreck was denied the opportunity to present her case, and then you ruled against her with no explanation.
1.                  MARCIE Schreck and I are here today to ask for three things:

(1)    Temporary Injunction to declare that WANDA DUTSCHMANNs Powers of Attorney were revoked in writing on 12/21/2021, and thereafter in writing and orally. [EXHIBIT 12.]  The Flash Drive and dropbox contain dozens of notices of the withdrawal.

(2)    Temporary Injunction to declare that Texas Health and Safety Code Chapter 166.155 means the Medical Power of Attorney was revoked. [EXHIBIT 29.]

(3)    Temporary Injunction to stop The Delaney at LAKE WACO and the other Defendants from blocking access to the notary and witnesses needed to witness WANDA DUTSCHMANN signing her new will, power of attorney, and medical power of attorney.  MARCIE Schreck is an heir in her will, as are all of her children, and MARCIE is named as her Medical Power of Attorney and Statutory Durable Power of Attorney.  Im also named as her attorney-in-fact on legal matters in her Statutory Durable Power of Attorney.

2.                  The DEFENDANTS have denied and blocked these.  They have no such legal right.

3.                  Your honor, WANDA DUTSCHMANN recorded a message to you on January 8, 2022.  [EXHIBIT 235.]  [Judge Jim Meyer asked that recordings he should listen to before making a ruling should be identified for him as ZOOM made it hard for him to hear.]

4.                  As to the first request for relief today, it is to have you declare that WANDA DUTSCHMANNS powers of attorney were revoked. 

5.                  Texas Statute Chapter 752 is the law for Statutory Durable Powers of Attorney.  This statute does not require notarization of a withdrawal. [EXHIBIT 13 is the statute.]  EXHIBIT 1 is the purported Statutory Durable Power of Attorney in DOUG Dutschmanns name.  EXHIBIT 2 is the purported Statutory Durable Power of Attorney in Michael Dutschmanns name.  Page 1 of the 2019 Statutory Durable Power of Attorney states: “Unless you specify otherwise…the attorney-in-facts authority will continue until (1) you die or revoke the power of attorney.”  Pages 4 and 5 of the 2019 Statutory Durable Power of Attorney state:

Termination of Agents Authority

 

“You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney.  An event that terminates this power of attorney or your authority to act under this power of attorney includes: “(2) the principals revocation of this power of attorney or your authority;”

 

6.                  WANDA DUTSCHMANN has revoked that purported Statutory Durable Power of Attorney, has recorded messages confirming she revoked it, and on December 22, 2021, MARCIE Schreck notified Michael Dutschmann in person that his purported power-of-attorney had been terminated by WANDA DUTSCHMANNThe revocation is EXHIBIT 12 to MARCIEs Complaint and her First Amended Complaint.  It is on the Flash Drive.  I notified Michael Dutschmann by telephone that his purported power-of-attorney had been terminated by WANDA DUTSCHMANN.  Since then, dozens of notices have been sent to the DEFENDANTS because they continue to violate the law.  [DOUG Dutschmann testified that he had received notice of the revocation.]

7.                  EXHIBITS 31, 185, and 189 are among a number of recordings by GREAT-GRANDMA revoking her powers of attorney to Michael Dutschmann and Doug Dutschmann .  [Judge Jim Meyer said he would listen to them before rendering a decision.  He failed to do his duty as a judge.]

8. As to revocation of the purported Medical Power of Attorney, Texas Health and Safety Code Sec. 166.155 makes it crystal clear that it, too, has been revoked.  It reads: REVOCATION; (a) A medical power of attorney is revoked by: (1) oral or written notification at any time by the principal to the agent or a licensed or certified health or residential care provider or by any other act evidencing a specific intent to revoke the power, without regard to whether the principal is competent or the principal s mental state ; or (b) A principals licensed or certified health or residential care provider who is informed of or provided with a revocation of a medical power of attorney shall immediately record the revocation in the principal s medical record and give notice of the revocation to the agent and any known health and residential care providers currently responsible for the principals care.  EXHIBITS 343 and 348 show that THE DELANEY AT LAKE WACO violated this important law. [emphasis added.]

9. The Medical Power of Attorney says: “I understand that this power of attorney exists indefinitely from the date I execute this document unless I establish a shorter time or revoke the power of attorney . [emphasis added.]

10.              The Medical Power of Attorney says: “Your agent is obligated to follow your instructions when making decisions on your behalf.”

11.              The Medical Power of Attorney says: “Once you have signed this document, you have the right to make health care decisions for yourself as long as you are able to make those decisions, and treatment cannot be given to you or stopped over your objection.  You have the right to revoke the authority granted to your agent by informing your agent or your health or residential care provider orally or in writing or by your execution of a subsequent medical power of attorney.

12.              In addition, I believe the medical power of attorney is a fraud.  [A Texas Medical Power of Attorney requires two witnesses, and one may not be a relative.  There was only one witness, not two, and it was DOUG Dutschmann, which is not allowed.]

13.              Further to the Medical Power of Attorney, we had been unable to obtain any evidence that it was ever activated.  There is no certification in writing that GREAT-GRANDMA is unable to make her own healthcare decisions.  The Medical Records reflect no such certification, and this is a requirement under Texas Health and Safety Code Chapter 166: “Your agents authority is effective when your doctor certifies that you lack the competence to make health care decisions.” [EXHIBIT 332, Page 3.]  [Records produced prior to and at the hearing prove there is no certification.]

14.              I tendered EXHIBIT 332.

15.              Your Honor, all this has been done repeatedly and ignored by every DEFENDANT.

16.              I tendered EXHIBITS 343 and 348.

17.              As to the third request for injunctive relief, Marcie seeks a Temporary Injunction to stop The Delaney at Lake Waco and the other Defendants from blocking access to the notary and witnesses needed to witness WANDA DUTSCHMANN signing her first ever will, power of attorney, and medical power of attorney. 

18.              The Defendants have committed unspeakable wrongdoing in blocking access and denying a helpless person of what she desperately seeks.  The Flash Drive and DROPBOX contain massive proof of this.  They wont stop unless this Court requires them.

19.              EXHIBIT 56 is one audio recording of denial of access and a threat.

20.              I tendered EXHIBIT 56.

21.              Michael Dutschmann doesnt even want to be the power of attorney; he says this in the audio recording in EXHIBIT 71.  EXHIBIT 70 features Michael Dutschmann hanging up on WANDA DUTSCHMANN when she tried to speak with him.

22.              EXHIBIT 99 is an Audio Recording of WANDA DUTSCHMANN when she called Marcie Schreck saying she needed to get to hospital, bad, cant hang on much longer, sick, couldnt eat .

23.              EXHIBIT 137 is a January 2, 2022 Audio Recording of Waco Police Sergeant Aaron Mitzel calling Marcie Schreck to report that Dr . David Fedro said he saw WANDA DUTSCHMANN and there were no problems.

24.              EXHIBIT 133 is a 1/2/2022 Audio-Recording-of- WANDA DUTSCHMANN calling Marcie to report that Dr David Fedro has not examined her; no doctor has. [Records produced prior to the hearing prove he had not examined her.]

25.              I tendered EXHIBIT 133

26.              EXHIBITS 343 and 348 are purported to be the medical records of WANDA DUTSCHMANN produced by Dr. David Fedro and THE DELANEY AT LAKE WACO.

27.              I tendered EXHIBITS 343 and 348

28.              Your honor, I could present evidence for weeks.  The DEFENDANTS have violated the law repeatedly, have tortiously interfered with MARCIEs rights and my rights.

29.              The DEFENDANTS have harmed GREAT-GRANDMA through neglect.  EXHIBITS 343 and 348 show that GREAT-GRANDMA has never been seen by a doctor with the credentials necessary to diagnose dementia or Alzheimers.  The records show she has never received medications used to treat Alzheimers or Dementia.  EXHIBITS 258 and 259 are Mayo Clinic reports that explain the diagnosis process and identify the medications.  The records show she has never had her hearing checked.  The records show GREAT-GRANDMA has been suffering with constipation the entire time she has been at THE DELANEY AT LAKE WACO. 

30.              I tendered EXHIBITS 258 and 259.

31.              EXHIBIT 286 is the medical records from Westview Manor nursing Home on January 27, 2015.  It purportedly diagnosed GREAT-GRANDMA with Alzheimers at the time she was admitted.  No doctor.  No tests.  No medication.  Outrageous.  Upon information and belief, daughter KRISSY Matthews gave the diagnosis to a secretary. [MARCIE believes it was DOUG’s ex-wife, Sheila.] 

32.              I tendered EXHIBIT 286.

33.              In order to obtain a temporary injunction, a party must prove a cause of action, a probable right to the relief sought, and a probable, imminent, and irreparable injury in the interim.  MARCIE Schreck has met these requirements.  She has a substantial likelihood of success on the merits.  WANDA DUTSCHMANN is without a will, power of attorney, or medical power of attorney, and this will certainly cause probable, imminent, and irreparable injury to her.  And to MARCIE Schreck, as the loving daughter denied the contractual relationship that her MOM requestedWANDA DUTSCHMANN needs to go to the hospital and see a real doctor, not a chiropractor, and she needs her assets and her life to be protected.  She could die at any moment.  That would irreparably harm MARCIE Schreck.

34.              The defendants have interfered with the prospective contracts between WANDA DUTSCHMANN and MARCIE Schreck and me.  The DEFENDANTS have interfered with the STATUTORY DURABLE POWER OF ATTORNEY, MEDICAL POWER OF ATTORNEY, and last will and testament.

35.              There is an absolute probability that MARCIE Schreck and I would have entered into a contractual relationship because