Monday, January 14, 2008

Published: 09.20.2007
Autistic boy's dad files claims totaling $7M over death
A.J. FLICK
Tucson Citizen
The father of a 5-year-old autistic boy whose mother is charged with abusing and killing him has filed a $3 million wrongful death claim against Pima County, the sheriff and a deputy, and a $4 million claim against Child Protective Services, three CPS employees and the state.
According to Melvin Williams' claim, which was filed Aug. 31, CPS and at least three employees failed to locate Brandon Williams, take him into temporary custody, file a dependency petition to take him out of his mother's custody and protect him from "obvious neglect and abuse that led to his death."
The claim says Deputy Lillian R. George "negligently failed to immediately contact CPS" on March 15 to report Brandon's condition, stay with him until CPS could respond, investigate and take appropriate action and help CPS remove Brandon from his mother's custody. Sheriff Clarence Dupnik and Pima County are "vicariously liable" for George's conduct, the claim says.
In addition, Dupnik and the county "negligently failed to provide adequate training" and create policies for deputies in such situations, the claim says.
The defendants have 60 days to respond to the claim. If they don't respond to, deny or settle the claim, Williams may proceed with a lawsuit.
Brandon was taken to a hospital on March 22, where he died of blunt force trauma to his head, chest, abdomen and limbs.
His mother, Diane Lynn Marsh, 40, and her friend, Flower Nicole Tompson, 27, are charged with first-degree murder in Brandon's death.
In another case last month, the mother of two children whose father is charged with killing them filed a $12 million claim against the Department of Economic Security, the state agency that oversees Child Protective Services; Tucson police; Gov. Janet Napolitano; and several individuals.
Jamie Hallam's claim alleges state and local officials could have prevented the deaths of Ariana Payne, 4, whose body was found in a storage locker Feb. 18, and Tyler Payne, who is presumed dead.
Christopher Mathew Payne, 29, and his girlfriend Reina Irene Gonzales, 23, are charged with first-degree murder in the siblings' deaths. If they are convicted, prosecutors intend to seek the death penalty.
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Comments on this Story Write a letter to the Editor22 Total Comments — See All Comments
1. Comment by End G. (EndGame) — September 19,2007 @ 10:05PM

Janet Napolitano should be Impeached for the Civil rights violations of Child Protective Services alone that she permits...

Especially for all the Illegal interrogations and strip searches - medical exams done at public school without the parents knowledge by CPS without a court order.

These CPS Interviews at school without a court order are a Direct Violation of the Constitution as reaffirm by the 7th Circuit Court of Appeals decision in Doe v. Heck...

Note: IT’S UNCONSTITUTIONAL FOR DCF TO CONDUCT AN INVESTIGATION IN ANY HOME AND INTERVIEW A CHILD WITHOUT EXIGENT CIRCUMSTANCES (IMMINENT “PHYSICAL” DANGER) OR PROBABLE CAUSE.

This also applies to the Illegal / Unconstitutional Interviews done at public school without the parents knowledge.

Question: How is a child in "imminent physical danger" when the child is at school?

The decision in the case of Doe et al, v. Heck et al (No. 01-3648, 2003 US App. Lexis 7144) will affect the manner in which law enforcement and Child Protective Services (“CPS”) investigations of alleged child abuse or neglect are conducted. The decision of the 7th Circuit Court of Appeals found that the practice of a “no prior consent” interview of a child will ordinarily constitute a “clear violation” of the constitutional rights of parents under the 4th and 14th Amendments to the U.S. Constitution.

According to the Court, the investigative interview of a child constitutes a “search and seizure” and, when conducted on private property without “consent, a warrant, probable cause, or exigent circumstances,” such an interview is an unreasonable search and seizure in violation of the rights of the parent, child, and, possibly the owner of the private property.

The mere possibility or risk of harm does not constitute an emergency or exigent circumstance that would justify a forced warrantless entry and a warrantless seizure of a child. Hurlman v. Rice, (2nd Cir. 1991)

A due-process violation occurs when a state-required breakup of a natural family is founded solely on a “best interests” analysis that is not supported by the requisite proof of parental unfitness. Quilloin v. Walcott, 434 U.S. 246, 255, (1978) End Note.

they are also in violation of Federal Privacy Act of 1974.

these unconstitutional interrogations of children are not only a violation of the children's rights, the parents rights, but are also a violation of the constitutional rights of every person who pays so much as one dime of school taxes to the school district and most parents I have interviewed do not want their children interview at school without a court order...

Every Family who can should immediately pull their children out of school and home school until this issue is resolved...

THIS THREAT TO OUR CHILDREN AND FAMILIES MUST BE STOPPED....

Janet Napolitano should be reminded in no uncertain terms to stop violating the Civil Rights of the Citizens of Arizona....


2. Comment by J E. (wildcats34) — September 20,2007 @ 6:47AM

I may have missed it, but where was Melvin Williams while all the abuse was going on? Why didn't he take responsibility for his child and get him out of there?


3. Comment by Joyce W. (Joyw) — September 20,2007 @ 7:01AM

I agree with J.E. where were all these alleged parents? when their child/children were being abused, neglected, murdered????? Why did these children end up in the system in the first place????







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