Ashley Elaine Evans, 16, and her biological father, Robin Scott Evans, have filed a five-count lawsuit alleging child stealing, false imprisonment, abuse of power, violation of civil rights and harboring a runaway child.
In July 2007, Richard and Melissa Adams petitioned for appointment of co-guardianship of Ashley, which was granted on Nov. 30, 2007. The lawsuit alleges the Adams’ obtained the co-guardianship order without notice to, and in violation of, the due process rights of Robin Evans.
The suit says Richard and Melissa responded to a 911 call at the Evans’ residence and took the minor child into their custody and placed her at their residence. Richard, as a officer and employee of Mahaska County, “acting within the scope of his employment duties,” and Melissa “continued the removal and concealment of Ashley” until she was returned to the custody of her father by order of court.
On a motion filed by the father to set aside guardianship, Judge James Q. Blomgren called the order granting guardianship “illegal” and a “violation of due process.” “The order appointing the guardian in this case denied the father due process and was in violation of the United States Constitution and the Constitution of the state of Iowa.”
The lawsuit states damage to the plaintiffs include unjust imprisonment and the deprivation of the plaintiff’s fundamental civil rights; humiliation, embarrassment and severe mental and emotional distress; expenses incurred in defending said guardianship petition and exposure to public hatred, contempt and ridicule.
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Father, daughter file lawsuit against Mahaska County and deputy sheriff
In July 2007, Richard and Melissa Adams petitioned for appointment of co-guardianship of Ashley, which was granted on Nov. 30, 2007. The lawsuit alleges the Adams’ obtained the co-guardianship order without notice to, and in violation of, the due process rights of Robin Evans.
The suit says Richard and Melissa responded to a 911 call at the Evans’ residence and took the minor child into their custody and placed her at their residence. Richard, as a officer and employee of Mahaska County, “acting within the scope of his employment duties,” and Melissa “continued the removal and concealment of Ashley” until she was returned to the custody of her father by order of court.
On a motion filed by the father to set aside guardianship, Judge James Q. Blomgren called the order granting guardianship “illegal” and a “violation of due process.” “The order appointing the guardian in this case denied the father due process and was in violation of the United States Constitution and the Constitution of the state of Iowa.”
The lawsuit states damage to the plaintiffs include unjust imprisonment and the deprivation of the plaintiff’s fundamental civil rights; humiliation, embarrassment and severe mental and emotional distress; expenses incurred in defending said guardianship petition and exposure to public hatred, contempt and ridicule.
Full Article and Source:
Father, daughter file lawsuit against Mahaska County and deputy sheriff
Well, waddaya know? A real judge!
ReplyDeleteJudge James Q. Blomgren called the order granting guardianship “illegal” and a “violation of due process.” “The order appointing the guardian in this case denied the father due process and was in violation of the United States Constitution and the Constitution of the state of Iowa.”
The lawsuit states damage to the plaintiffs include unjust imprisonment and the deprivation of the plaintiff’s fundamental civil rights; humiliation, embarrassment and severe mental and emotional distress; expenses incurred in defending said guardianship petition and exposure to public hatred, contempt and ridicule.
That's the problem with probably nine out of ten guardianships!
Yes! Yes! Yes! wow, I am impressed - go get them!
ReplyDeleteguardianship is a violation of civil rights the judge was right in this case back in 1986 i was 22years old at the time someone came to the house talking to my brother telling him to call corporation of guardianship industrial services known as the sheltered workshop i told my brother i don't want to go to industrial services after i read what happened to a severely retarded woman who had the mind of a child of 6 years 8 months in the news paper at the industrial services sheltered workshop in high point n.c. the former director got 40 years in prison it was sick what the perverted sick bastard did to her
ReplyDelete