Major US Civil Rights / Parental Rights / Family Law Reform Announcement

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Georgia Political Figures & other State or County Elected Officials Named as Defendants in Amended Federal Civil Rights Lawsuit

Suit sets the stage for a Constitutional challenge of prominent state statute regarding rights & issues of custody arrangements of minor children in instances of separation and/or divorce of parents.

Marietta (Atlanta), Georgia, June 26, 2009 - As our country prepares to commemorate its’ anniversary of our claim of Independence from oppression and tyranny from outside forces, many may ponder if our country has truly achieved a long lasting relief not just from those external forces, but more importantly, from the suppression of and attacks on the very freedoms we are supposedly celebrating coming from within the internal ranks of our very own countrymen.

The Gottschalk v. Gottschalk, et al federal complaint, initially filed in April, 2009 in the Atlanta Division of the United States Federal District Court, Northern District of Georgia, was re-submitted last week following a major re-write to strengthen the claims being levied against a host of state actors that is a virtual Who’s Who list of elected or appointed administrative and judicial state and county level officials.

Case # 1:09-CV-1013, was filed in response to ongoing actions or inactions, taken either directly or indirectly, by the named defendants stemming from underlying civil matters involving two minor children originating in Cobb County Superior Court dating back to 2004. The defendant list includes; Georgia Governor Sonny Purdue, Georgia Attorney General Thurbert E. Baker, Cobb Superior Court judges C. LaTain Kell & S. Lark Ingram, all five current members of the Cobb County Board of Commissioners, all current members of the Georgia State Board of Examiners of Psychologists and the Georgia Composite Board of Professional Counselors, Social Workers and Marriage and Family Therapists, Guardian ad Litem Diane Woods of Huff, Woods & Hamby, Marietta, psychologists Sheri M. Siegel and Susan Z. Volentine, Marietta therapist Emmett Fuller, and attorneys Michael Manely of the Manely Firm, PC and Barbara Lassiter of Paller & Creasy, Atlanta.

The complaint, centered around violations of 42 USC §§ 1983, 1985(3), 1986, 1988, 28 USC §§ 1331, 1343, and the 1st, 4th, 5th & 14th Amendments to the US Constitution, is set to challenge not only the individual behaviors of the named defendants, but will also be challenging what is characterized as the “shadow justice” system that functions within the country’s system of “Family” courts, and how the “best interest of the child” standard is applied, or more accurately, misapplied, under state statutes, locally O.C.G.A. 19-9-3.

O.C.G.A. 19-9-3 currently allows judges unlimited and complete discretionary power to modify and restrict both a parent’s and a child’s right to unfettered parent-child association without the necessity of showing any material change in conditions, or any lack of fitness of the parents.

The complaint’s thirteen Counts are as follows –

Count 1 – Violation of Procedural Due Process
Count 2 – Violation of Equal Protection
Count 3 – Violation of Substantive Due Process
Count 4 – Conspiracy under 42 U.S.C. § 1983(3)
Count 5 – Cruel & Unusual Punishment
Count 6 – Negligent Supervision & Training
Count 7 – Retaliation for Exercise of Civil Rights
Count 8 – Intentional Infliction of Emotional Distress
Count 9 – Negligent Disclosure of Confidential Medical Info
Count 10 - Slander
Count 11 - Libel
Count 12 – Invasion of Privacy
Count 13 – Declaratory Judgement

Declaratory judgments, permanent injunctions, along with both compensatory and punitive damages are currently being sought. PDF’ed copies of the entire complaint are available upon request. Send email to ForTheChildren@abraxis.com, Subject: Request for Copy of Federal Complaint Case # 1:09-CV-1013.


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Comments

Danielle Godfrey's picture

can u please send me a copy of the Federal Complaint Case # 1:09-CV-1013

Thank you,

Danielle Godfrey's picture

can u please send me a copy of the Federal Complaint Case # 1:09-CV-1013

Thank you,

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