 |
| shutterstock.com |
HOUSTON - A pediatrician has filed a brief in opposition to a federal magistrate’s recommendation to dismiss her lawsuit against a state judge alleging racketeering and estate trafficking of her 91-year-old mother who died under court-appointed guardianship.
Among Dr. Sheila Owens Collins’ objections to Southern District Magistrate Peter Bray’s June 17 Report and Recommendation is his depiction of her allegations as perceived wrongdoings, according to a press release.
“These wrongdoings were proven with exhibits in previous pleadings,” wrote Owens Collins in her July 1 reply in opposition. “These wrongdoings are not perceived. They are grossly negligent actions or non-actions that occurred in actuality.”
As previously reported in the SE Texas Record, Owens Collins sued Harris County Probate Judge Michael Newman, individually and in his official capacity, in the U.S. District Court for the Southern District of Texas on Oct. 22, 2020, after her mother, Mrs. Hattie Owens died under court supervision in 2019.
“The Magistrate Judge Peter Bray erred in his innuendo that the court investigators and Adult Protective Services found Mrs. Owens to be incapacitated,” Owens Collins brief in opposition stated. “If the records are carefully reviewed and honestly reported, this honorable court will find that they found Mrs. Owens to be lucent, aware of what was happening to her, adamantly opposed to being guardianized and fervently advocating for her eldest daughter [Dr. Sheila Owens Collins] to continue providing for her.”
Owens Collins further alleges that Judge Newman abused his discretion in awarding fees to appointees and allowing opposing lawyers to make inflammatory, defamatory, and uncivil comments about her in open court.
But Judge Bray rebutted in his June 17 Report and Recommendation to the court that the complained-of actions are judicial in nature.
“Nothing in Owens Collins’ complaint can be construed as a judicial action taken in the complete absence of jurisdiction,” Bray stated. “Judicial immunity applies to all claims.”
However, according to Section 1201.003 of the Texas Estates Code, a judge is liable on their bond to those damaged if damage or loss results to a guardianship or ward because of the gross neglect of a judge.
“This immunity waiver permits recovery for losses directly tied to the judge’s duties, including the use of reasonable diligence to determine whether an appointed guardian performed the required duties,” Owens Collins’ reply states. “This language does not limit recovery to the guardian or the ward but makes the judge liable to anyone damaged by the judge’s harm to the ward.”
The term ‘ward’ is used legally to reference an individual who has been placed under court supervision, such as pop star Britney Spears.
“Judge Newman’s gross neglect and breach of duty of care resulted in the following losses and damages to the guardianship and Mrs. Hattie Owens: the unnecessary depletion of the estate of Mrs. Hattie Owens by $93,000,” Owens Collins wrote.
Judge Newman, a Democrat, has been the sitting judge in Court No. 2 of Harris County Probate Court in Houston since January 1, 2019. Unless re-elected, his term will end in 2022.
After graduating from Prairieview A&M University, Mrs. Hattie Owens and her husband Emiel Owens, who is also deceased, amassed a modest fortune that included two student housing properties in Prairie View, Texas, a 5,000 square foot home in Houston's medical center worth half a million dollars, two Mercedes Benz vehicles, and a Porsche.
U.S. District Judge Lynn Hughes, nominated to the federal bench by former President Ronald Reagan, is set to decide the case.
The physician plaintiff further stated in her brief that Harris County officials were not immediately forthcoming in providing her with a copy of Judge Newman's bond.
"Owens Collins has made several attempts to obtain a copy of Judge
Newman's bond and in the process has been sent on a wild goose chase,"
the brief in opposition states. "She was advised to order the bond
online at the Harris County Clerk website however there is no form
allowing for litigants to order a copy of a judge's bond through the
website."
No comments:
Post a Comment