Iowa Not liable for Sex Offender Raping Women at Care Center, Court Rules

Even though state administrators helped arrange the transfer of a habitual sex offender from a state institution into a private nursing home, Iowa can't be sued by the family of a woman he molested there, the Iowa Supreme Court ruled Friday.

 The victim's daughter, Becky Rassler of Rembrandt, was stunned to hear about the ruling: "I just can't believe it."

Rassler's mother, Mercedes Gottschalk, was sexually assaulted in 2011 by William Cubbage at the Pomeroy Care Center.

Cubbage previously had been convicted four times of sex crimes, and he'd spent many years in state prisons and institutions.

Yet, the nursing home's residents and their families were not warned about his past when he was transferred to the center under a 2010 court order.

The Supreme Court ruled in a 5-2 decision Friday that the Iowa Department of Human Services wasn't legally liable for the attack on Gottschalk, because one judge ordered Cubbage's release from the state institution and another judge committed him to the nursing home.

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Iowa Not Liable for Sex Offender Raping Women at Care Center, Court Rules

Guardian Blames Nursing Home Operators for Resident's Injuries

A Kanawha County woman is suing Charleston nursing home operators, alleging their negligence caused injuries to a resident.

Elaine Daniels, as guardian of Gail Galloway filed a complaint Jan. 26 in Kanawha Circuit Court against 1000 Association Drive Operations LLC, doing business as Oak Ridge Center, and Genesis Healthcare LLC, alleging they breached their duties to uphold Galloway's nursing home resident's rights.

According to the complaint, beginning in July 2011, Galloway was a nursing home resident at Oak Ridge Center. During the period when she was under the defendants' care, the suit says, she sustained serious injuries resulting in pain and suffering mental anguish and medical expenses.

The plaintiff alleges the defendants failed to provide a safe environment, failed to provide adequate supervision and safety devices to prevent accidental falls and failed to keep Galloway and her family members fully informed of her medical condition.

Daniels seeks trial by jury, judgment for all damages allowable by law, punitive damages, attorney fees and all other equitable relief. She is represented by attorneys Andrew L. Paternostro, Jeff D. Stewart and Shayla M. Rigsby of The Bell Law Firm PLLC in Charleston.

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Guardian Blames Nursing HOme Operators for Resident's Injuries

Charles Pascal's Email to Nevada Attorney General Paul Laxalt

To Nevada Attorney General Adam Paul Laxalt:

2/14/17

In 1992 your grandfather Senator Laxalt assisted me when I was living in Carson City, Nevada. I was appreciative for the assistance provided by the former Nevada Senator. Today I’m writing you about what appears to me to be a serious inconsistency in the law.

After reading the February 10, 2017 article regarding the disciplinary proceedings being conducted against Justice of the Peace Melanie Andress-Tobiasson, it became clear that I should bring this matter to your attention.

In 2009 my mother-in-law, Marcy E. DuDeck, was kidnapped by her son, Lance DuDeck. She was taken against her wishes to Nevada. The kidnapping was committed against an existing Nevada court order, which stated my mother-in-law, Ms. DuDeck was to remain in California at Sunrise Senior Assisted living for the rest of her life.

After the kidnapping, Commissioner Jon W. Norheim delayed in filing his ruling to return Ms. DuDeck to the California residence, which was previously ordered by Norheim’s Clark County Family Court in May of 2007. Please note Commissioner Norheim himself wrote the 2007 court order which he violated. Commissioner Norheim’s failure to act on behalf of Mrs. DuDeck clearly demonstrated his intent not to enforce his own court order.

Mrs. DuDeck became ill as a result of this kidnapping and died alone at Del Mar Gardens in Las Vegas. The kidnapping was conducted on August 4, 2009, which was two days before a California evidentiary hearing was to take place in a Los Angeles County Court. The hearing would have exposed numerous disturbing facts about Mrs. DuDeck’s guardian, Jared E. Shafer, revealing that Mr. Shafer failed to pay IRS taxes for the DuDeck estate, that he billed the estate for visits which never occurred, testimony to the fact that Mr. Shafer himself bragged about ordering the kidnapping, witnesses to statements made by Mr. Shafer that he was bragging about bribing judges and the fact that Patience Bristol, who was not a licensed guardian at the time, was being paid from the DuDeck estate for guardian services when she was not Ms. DuDeck’s guardian. As you probably know, Bristol is serving a three to eight year sentence in state prison for exploitation of senior citizens.

By revealing our story in the beginning of this email will illustrate the main point, which I’m about to argue, which states that LGBTQ citizens are granted more civil rights than other citizens.

Justice of the Peace Melanie Andress-Tobiasson was involved in a case involving LGBTQ rights. Judge Tobiasson is facing the type of accountability for her actions which victims of families, who do not fall into the LGBTQ category, have been demanding from Nevada for close to a decade. The disciplinary proceedings filed against Justice of the Peace Melanie Andress-Tobiasson sends a strong signal to families who do not fall into the LGBTQ category. It appears families who are not LGBTQ are not provided the same rights as those citizens who fall into the LGBTQ category.

Commissioner Norheim has not faced accountability for his failure to enforce the law in our case and in many other cases I’m familiar with. Jason Hanson is still waiting for justice. Becky Olvera Schultz is suing in a federal court to recover moneys paid from her father’s estate without court orders. In the Olvera case, Commissioner Norheim stated in a court video that he wouldn’t enforce NRS Chapter 160 pertaining to veterans when Mr. Olvera was a WW2 veteran.

When Commissioner Norheim refused to enforce NRS Chapter 160, did he rule this way because Olvera wasn’t LGBTQ? Could this be the reason why the law was never enforced to protect veteran Mr. Olvera?

The North family lost everything as a result of actions by another guardian, April Parks. Elizabeth Indig’s mother is another individual who lost everything and has never received justice. All of the cases listed above are not LGBTQ.

The Supreme Court’s guardianship commission to look into guardian abuses in Nevada has resulted in no arrests or convictions of professional guardians or disciplinary actions against any Family Court judges. Unfortunately, Justice of the Peace Melanie Andress-Tobiasson will face punitive action for her failure to apply the law.

This letter to your office will be widely published as well as your answer to it. I sincerely hope equal justice will be applied to citizens who are not LGBTQ.

~Charles P. Pascal

Marcy and Charlie

See Also: NASGA: Marcy DuDeck, NV/CA