Monday, June 30, 2008

Federal Suit Dismissed

Dr. Robert Sarhan, on behalf of himself and his mother, Yvonne Sarhan, filed suit in Miami's U.S. District Court against probate judge Arthur Rothenberg, alleging that his mother's constitutional rights had been violated when Judge Rothenberg adjudicated his mother incapacitated and appointed her a guardian.

Dr. Sarhan's federal claim sought $100 million in punitive damages.
Sarhan v. Rothenberg

Answer:
No, you can't re-litigate your guardianship case in federal court.

Under the probate-exception to federal jurisdiction, a U.S. District Court is precluded from adjudicating disputes having to do with property that is in the custody of a state probate court. Marshall v. Marshall

Source:
Federal suit by disgruntled litigant against Miami probate judge Arthur Rothenberg dismissed

See also:
Plea For Justice

3 comments:

Anonymous said...

Bad judges use bad law!

The probate exception, as clarified by Marshall, deals with control of the property only; it does not prevent fiing in federal court for constitutional and federal statutory violations such as federal rights, civil rights, etc.

The problem is that all judges - state and federal - belong to the same club! And the "justice" we learned about as children in school is a sick joke!

Anonymous said...

The power of judges.

Here we go again, reminding me that we are giving prisoners priority over our elders.

Criminals who have been charged, prosecuted and convicted of the worst crimes against society:

Murderers, rapists, child molesters / child killers have more rights than a Ward of the state, who did not commit any crimes or break any laws.

How can this be?

Anonymous said...

The lesson here is that guardianship not only financially rapes the ward, but also the ward's family.

How much money has Dr. Sarhan spent trying to free his Mother?

He's been beat by the court, the appellate court and now federal court.

The cost must be staggering!

The common denominator here between the court, appellate court, and federal court is that they all involve judges --and we all know judges stick together.