Monday, August 20, 2018
Ex Parte conferences, hearings or orders denying parental rights or personal liberties are unconstitutional
Ex Parte conferences, hearings or orders denying parental rights or personal liberties are unconstitutional, cannot be enforced, can be set aside in federal court, and can be the basis of suits for money damages. RANKIN V. HOWARD,633 F.2d 844 (1980) GEISINGER V. VOSE, 352 F.Supp. 104 (1972) FUENTES V. SHEVIN, 407 U.S. 67, 92 Ct. 1983, 32 L.Ed. 2d 556 (1972) process service in Family matters must provide due process GRAS V. HEAD, 608 S.Ct. 2d 356 (TX 1980) JUSTICE DELAYED IS JUSTICE DENIED MAGNA CHARTA, Art.40, June 15, 1215. Attorney can be sued for malpractice under consumer protection laws. DeBakey v. Stagg, 605 SWAP 2d 631 (1980). Right to a jury trial in contempt Bloom v. Illinois, 88 S.Ct. 1477 Duncan v. Lousianna, 88 S.Ct. 1444. Contempt of court is quasi-criminal, merits all constitutional protections Ex Parte Davis, 344 SWAP 2d 925 (1976). Laws and court procedures that are "fair on their faces" but administered "with an evil eye and a heavy hand" (discriminatorily) are unconstitutional. Yick v. Hopkins, 118 S.Ct. 356 (1886). Federal Courts can rule on federal claims (constitutional questions) involved in state divorce cases and award money damages for federal torts or in diversity of citizenship cases involving intentional infliction of emotional distress by denial of parental rights, "visitation ", as long as the Federal court is not asked to modify custodial status. Lloyd v. Loeffler, 518 F.Supp 720 (custodial father won $95,000 against parental kidnapping wife.) Fenslage v. Dawkins, 629 F. 2d 1107 ($130,000 damages for parental kidnapping). Kajtazi v. Kajtazi, 488 F.Supp 15 (1976). Spindel v. Spindel, 283 F Supp 797 (1969). HOWARD v. KUNEN, USDC, Mass CA No. 73-3813-G, 12/3/73 (unreported). Schwab v. Hudson, USDC, S.Dist. MI,11/70 (unreported). Norbert v. Thompson, USDC,Colorado (1981). Denman v. Henry, Denman v. Hertz (200 pp. [Had been] avail from Nat Denman for $35-PO Box 689, Falmouth Ma. 02541). Unlawfully retaining noncustodial parent cannot argue change of custody at habeus corpus hearing. Smart v. Cantor, 117 Ariz. 539, 574 P.2d 27 (1977) McNeal v. Mahoney, 117 Ariz. 543, 574 P.2d 31 (1978). A conspirator is responsible for the acts of other conspirators who have left the conspiracy before he joined it, or joined after he left it; statutes of limitations tolled for previous acts when each new act is done. U.S. v. Guest, 86 S.Ct. 1170. Judge's dismissal for no cause is reversible. Forman v. Davis, 371 US 178 (1962).
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