Tuesday, August 11, 2009

Sue The County Not The Judge?

I received this email last night. It looked interesting so I've gotten permission to re-post from Joan (see end for more info)

I do have to say, I'm not a happy woman that this gentleman made this email gender specific, but it is what it is and I can't change that. With that in mind though.. this can be used by both the mother or father that's getting screwed in court.
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From Anthony Moore, who has an active law suit similar to what he describes below;

To All:

Often a non-custodial father's civil rights under the Constitution of Georgia and under the Constitution of the United States are violated (i.e due process, equal protection, actual fraud, DNA fraud, etc.), but how many father [sic] sue in federal court?

If you feel your rights have been violated you should think about suing the County (not the judge) in the United States District Court.

Many of us fromer FAPT and GFLR members have decided to do just that. During the civil rights movement the way minorities got the freedom to exercise their civil rights was not just marches and protest but lawsuits in federal court. (See below)

The only way fathers are every going to be treated fairly if we sue, sue, sue in federal court!!!

Anthony Moore

In the 1960's, federal laws against racial segregation in restaurants, schools and hotels came into conflict with laws, policy, custom or regulations of some southern states which required separate accommodations for African-Americans and whites.


In Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), the plaintiffs (Brown)
asserted that this system of racial separation provided perpetuated inferior accommodations, services, and treatment for black Americans.

The defendants (the Board of Education), while masquerading behind in the disguise of ‘best interest’ of the state, declared that these laws provided separate but relatively equal treatment of both white and black Americans. The United States Supreme Court declared that state
laws that established separate public schools for black and white students denied black children equal educational opportunities. The federal court ruled that separate educational facilities are
inherently unequal.


As a result, racial segregation was declared a violation of the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. Based upon the decision in Brown
v. Board of Education of Topeka, supra a state, county, city or policymaker’s who makes rules, regulations, decision, policy, court orders or customs that are in conflict with federal laws, those acts are deemed invalid based on Article VI of the U.S. Constitution, the ‘Supremacy clause’, which provides that the constitution and the laws of the United States shall be the supreme law of the land.


"[T]he supremacy clause of the United States Constitution requires that all conflicts between federal and state law be resolved in favor of the federal rule".

SUE THE COUNTY OVER THE ACTS OF THE POLICYMAKER
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A “[J]udge like other ‘elected county officials’, such as the sheriff and treasurer holds virtually absolute sway over the particular tasks or areas of responsibility entrusted to him by state statute and is accountable to no one other than the voters for his conduct therein.

Thus, at least in those areas which he, alone, is the final authority or ultimate repository of county power, his official conduct and decisions must necessarily be considered those of one whose edicts or acts may fairly be said to represent official policy for which the county may be held responsible under section 1983”. Lucas v. O'Loughlin, 831 F.2d 232 (11th Cir. 1987).;

Also see Parker v. Williams, 855 F.2d 763 (11th Cir. 1988).; "[A] county judge can be
considered a policymaker under 42 U.S.C.S. § 1983, provided he is the final authority or repository of county power”. Louise Boston v. Lafeyette County , Mississippi , 743 F. Supp. 462 (1990)..


see Owens v. Fulton County, 877 F.2d 947 (11th Cir. 1989) and Bryant v. Jones, 464 F.Supp.2d 1273 (N.D.Ga. 2006).

Joan T. Kloth-Zanard
putzangel@aol.com
Kloth Consulting
www.KlothConsulting.com
Consulting for Individuals, Families and Businesses


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2 comments:

Anonymous said...

I have been disgusted with the system in Richmond County since the 1960's. They failed to act properly during that time while I was being raped, beaten and tortured at a rented house by gate five in the Augusta area and at a trailer park in Blythe Georgia. When we spent a bit of time in Virginia there was the same up there.

The powers that were had to have known something! I would later find out that my so called father and step mother were supposed to appear in court for child abuse couple of years in a row and never showed up. Nothing was done however to get us out of the situation and these people were not prosecuted.

Horrible unimagineable things were done to myself as well as my younger brothers, I am the oldest. Had I lived in the country I live in now I am positive I could have gotten some help.

debby

Louise Uccio said...

Debby,

I am so sorry for what happened to you and your siblings! They all need to be held accountable!

My case is in Richmond County S.I. N.Y however I am aware that these same abuses of power are inclusive of every state.

I hope you and your siblings have gotten some therapy and have begun to heal!

These bastards will get theirs!