Tuesday, November 27, 2007

Seventh Circuit Applies Probate Matters/Domestic-Relations Exception to Federal Jurisdiction to Bar Suit Against Guardian of Incompetent Mother

Per Struck v. Cook County Public Guardian, --- F.3d ----, 2007 WL 4145845 (7th Cir. Nov. 26, 2007):

The plaintiff appeals from the dismissal of his suit, which the district court held was outside its jurisdiction. The complaint alleged that an Illinois state court had appointed a guardian for the plaintiff's mother because she was incompetent to manage her own affairs, and that the plaintiff had asked the court to revoke the guardianship because the guardian was abusing his mother, refusing to let him visit her, and denying him access to her records, mail, and assets. Turned down by the state court, he brought this suit in federal district court against the Cook County Public Guardian, the public official who had designated the guardian of the plaintiff's mother. The suit charges violations of both the plaintiff's and his mother's federal constitutional rights.

. . .

[T]he plaintiff does have a claim on his own behalf-that the guardian is preventing him from seeing his mother and by doing so is depriving him of liberty protected by the due process clause of the Fourteenth Amendment, liberty that he argues includes the right of an adult child to associate with his parent. Whether the argument has merit has split the circuits, as explained in Robertson v. Hecksel, 420 F.3d 1254, 1258-60 (11th Cir.2005), but remains an open question in this circuit. Jones v. Brennan, 465 F.3d 304, 308 (7th Cir.2006); Russ v. Watts, 414 F.3d 783, 790 (7th Cir.2005). We need not try to answer it in this case. For the preliminary question is whether the suit is barred by the doctrine that excepts from federal jurisdiction certain probate and domestic-relations cases, such as will contests, custody battles, and suits for divorce; and we think it is barred.

. . .

The res-the plaintiff's mother-is in the control of the guardian appointed by the state court, and decisions concerning the plaintiff's right of access to his mother and to her assets, her records, and her mail are at the heart of the guardian's responsibilities and are supervised by the court that appointed him. [O]ur plaintiff is seeking to remove into the federal court the res over which a state court is exercising control. That is the sort of maneuver that the probate/domestic-relations exception is intended to prevent. The dismissal of the plaintiff's federal suit is therefore AFFIRMED.

46 Comments:

At 10:26 AM, Anonymous Anonymous said...

We know the case of Martin Luther King, Jr being retaliated against related to his Nobel Prize and activism. Many concerns also get retaliated against. For example, trying to get a parent fresh air away from smokers, trying to get an elderly person her mail, trying to get caregiving bills reimbursed, trying to know chemicals put in parent, trying to express concern with area taxing corporation involved in war and war crime question, expressing concern with those with diagnoses, conditions, illness loosing rights and being treated like slaves can result in retaliation. It is possible that concerns are frequently retaliated against in some sort of sociological way.

3- 3.5 million Jewish people died during Holocaust in Concentration Camps. 250,000-750,000 disabled died during the 1930 and 1940 period in National Socialist Germany. Each year, 500,000 people are dying in nursing homes (some NIH studies 1999 National Center on Health Statistics). Cook County Guardian and sheriff response to trying to allow parent to avoid smokers at nursing home is to threaten jail (sheriff), push me from buildings (sheriff) and deny access to phone and visit parent and have her come home. Over the four years of Holocaust confinement of Jewish persons about 3-3.5 million died. Here in US, 2 million people are dying over 4 year period in nursing homes. Problems that do not seem to be as significant as past events such as the National Socialist period and Holocaust are still significant. What follows just gives some evidence for retaliation against concerns and that those with diagnoses or sickness loose rights in some cultures. Dietrich and Dr. Karl Bonhoeffer were activists on this in the 1930-1940 National Socialist period; people still advocate on this issue today- Senators, Congressmen, organizations, families and persons. The situation here is different, but Cook County response is probably similar to other areas-jail threats and harassment allegations. Following Olmstead executive concerns here about the right to go home are something to threaten jail about in Cook County by Cook County sheriff and strike by Illinois Court of Appeals.

I have appealed twice to the US Supreme Court and 4 times to the Illinois Supreme Court with several motions. There have been two appeals to the US Court of Appeals. This is proof of litigation in local courts. See Illinois probate act section 755 ILCS 5/11 a-3 for evidence, "If the court adjudges a person to be a disabled person, the court may appoint (3) a guardian of his person and estate." Any kind of limitation which makes someone "Not fully able to manage his person or estate" may mean this loss of rights.(755 ILCS 11a-2) Persons with limitations become like property of the guardian without rights to decide for themselves. Cook COunty guardian staff withhold mail, withold medical records, dispute caregiving bills to make money for themselves and hospitalize to retaliate for these rights violations. For example, elderly trying to avoid second hand smoke are handcuffed when they try to run away from police trying to bring people back to nursing home with these smokers. Over 44 motions have been filed in Illinois Court of Appeals on the issue. Dozens of motions on other cases as well such as the US Court of Appeals and US District Court. I was led out of court in the Daley Center for asking to visit mother on her birthday. Admittedly, the rights violations are not as severe as deaths in Bosnia or Sudan, but the case does have the value of showing that issues such as shots without consent, limiting visitation, phone, going to church, getting fresh air and going home rights can be war crimes too-violations of Geneva Convention Protocol against abuse of civilians. I do get some mail from my mother. She requests to go home, visit me, says she misses me, wants to phone me, wants to go the zoo, wants to see her own doctors, wants to be seen for her birthday, wants things like robes, deodorant, toothbrushes or slippers,but these requests, other than allowing me to bring what she requests, are denied. 500,000 people do die supposedly in nursing homes each year in the US according to some sources; some deaths are related to second hand smokers. Cook County Sheriff and Guardian staff response to requests to avoid second hand smoke (associated with these 500,000 deaths) is to push people from buildings (sheriff staff) in my case and call the concern harassment (Guardian's response).




Guardianship as Slavery-Risks Athletes, Visitors, Travelers, Patients Face- Guardianship Slavery



Summary:

State probate laws, about taking over the lives of those who have incapacity, mental illness or injury under guardianship, present risks. Persons, who might be injured, become disabled or stressed by being in a city with a corporation that has sold missiles and weapons involved in many conflicts, face risks of loss of rights for themselves and family. Injury is a risk for athletes; states and areas with guardianship laws which take over rights of person with injury present risks that should be considered. Illinois is one such state with a guardianship law that can take over the life of anyone with injury, mental illness or incapacity. Cook County guardian staff, for example, take over persons' lives and do not allow family to leave nursing homes, visit family, phone family, let family control their own assets, let person go to church, let family get fresh air, avoid smokers, know where family is. Guardianship as profiting from the control of another, threatening jail and fining people for right’s expression, and having complete control over a person is little different than slavery in some of its earlier forms. Guardianship in Illinois states that preferences are given to what the person wants, but the person and families wishes are responded to with jail threats, deaths threats, and shots without consent. Illinois is an interesting case as being an area that traditionally glorified its tradition of being opposed to slavery. Illinois’ probate law however uses a different element or characteristic as a tool to enslave persons.



Rather than use skin color, poverty, illness, disability, being family, limitations and mental illness are used. A case study, or list of events which occurred in one guardianship, is used to expose some of the similarities with the slavery system.









Text:

Any diagnosis makes someone at risk of enslavement in Cook County by Cook County Guardian under Illinois Probate Law in this case study. County takes away your right to decide for self
These are some human rights problems visitors/athletes face coming to a Chicago Olympics

1. Asking where parent or family is can result in restraining order and jail threat by Cook County judge and sheriff staff

2. Asking to visit, take family home can result in contempt charges by Cook County judge. The judge charges money to deny visits, phone, taking family from nursing homes. Letters from parent that she wants to go home, be visited, get phone calls are responded to with motions to strike, being pushed from the Daley Center, contempt orders and arguments that filings are repetitive

3. Wanting parent to avoid second hand smoke results in jail threats, arm twisting, being pushed from Daley Center by some Cook County sheriff staff. Wanting parent to avoid brief second hand smoke associated with cancer can result in harassment and false following to car allegations

4. Asking what chemicals are put into parent results in harassment allegations by Cook County guardian staff Nathan Goldensen and Sadeta Kalamperovic

5. Cook County guardian staff charges over $500 for routine services to be guardians over those who have injury or illness. Their staff charge for many concerns such as "can my parent come home" or "can my parent go to the zoo" or "can my parent go outside for Christmas services" or "where is my parent." Cook County guardian charges $18 for phone calls to them sometimes

6. Cook County guardian takes most assets essentially for their own use. Cook County guardian staff wants someone to stay in a nursing home and they use all the assets for the nursing home and to dispute the right to leave the facility, go home, avoid smokers, be visited, get phone calls

7. Cook County Guardian charges money to not reimburse food, dental, optical, transportation, medical, prescription bills paid by credit card by family for the parent's care. Requests for reimbursement are responded to with jail threats sometimes

8. Cook County Guardian staff responds to concerns that they tax Boeing involved in the war in Iraq, other wars like WWII, Vietnam and Afghanistan with jail threats and confinement of parent. Boeing’s missiles dropped in many nations at Olympics and around world

9. Cook County guardian take family mail and federal court rules guardian has the right or state courts have rights and persons under guardianship do not have federal right to complain

10. Appeals about the rights to visit family, phone family and have family come home cost $200 in the Illinois Court of Appeals and $435 in the federal court. The contempt charge about trying to visit parent and have parent go home was $100. Athletes might face jail threats for trying to visit or phone or take family from certain nursing homes here.

11. Injured and some family are treated by Cook County Guardian as without rights. Cook County guardian staff Nathan Goldensen/Belko has rights to decide but none of family have

12. Nursing home director says "you will be dead if you say things like that" about contacting the US attorney about an elderly person being treated like a slave. In response to concern with “you are going to be dead” comment, access restricted for 6 months

13. Attempts to get parent fresh air away from second hand smoke is responded to with arm twisting, jail threat, 6 month access restriction and being pushed from Daley Center.

14. Nathan Goldensen asks "are you an anti-Semite," because I express concern with the County treating persons with injury like disabled were treated in the 1930's under National Socialism in Germany

15. County demands $30,000-40,000 to dispute reimbursement of bills, confine family, not let family get fresh air, come with police and take away parent's place to stay, come with police and handcuff parent for avoiding second hand smokers

16. Cook County judge tries to make concern with these issues "harm to parent," even though parent clearly says wants to live with son, phone son, visit son, go to zoo, avoid smokers, go to own doctors, likes living and being with son

17. Parent's hands and head are shaking, and Guardian responds to concern by restricting access to see parent

18. Cook County guardian Nathan Goldensen say did not receive letters from parent even though she called him and I gave letters to him. Nathan Goldensen acts like not aware of smokers, even though I say many smokers repeatedly and show pictures she is not able to get fresh air away from smokers

19. Judge Connors, Cynthia Farenga and Nathan Goldensen respond to concerns with second hand smoke by restricting access and having sheriff take family from building. Lawyers charge to deny rights requests

20. Any incapacity, mental illness, disability can result in this treatment by the County.

21. Cook County judge restricts filing of documents about these issues
22. Cook County judge uses diagnoses or injury to take away rights to decide for self

23. Cook County guardian staff withholds records of chemicals put into person's body and landlord takes away place to stay for issues like cold water in apartment, pipes that break in cold, broken elevator, cold temperatures, area involved in war, reimbursement requests

24. Cook County guardian staff and hosptals give shots without consent for trying to get expenses reimbursed, know what is put in body, be concerned over state taxing corporation involved in war

25. War crime concerns that state taxes corporation involved in war result in jail threats, visitation, phone restrictions and going home restrictions

26. Nursing home director says "mother probably not here" even though the person is there. Location withheld for 3 or more months


27. Nathan Goldensen and Sadeta Kalamperovic hold parent in facility for 16 months or longer and go through much of family assets. $4,300 is being charged each month at nursing home

29. Chicago Police and Sadeta Kalamperovic come to apartment. Parent runs away and police handcuff parent who was trying to avoid second hand smokers at nursing home
30. Every action has equal and opposite reaction. Charles Goldberg, Nathan Goldensen, Sadeta Kalamperovic, and Dan Belko are asked to reimburse food, dental, optical, prescription, transportation bills for parent's care over an 6-10 month period. Sheriff Mcgowan responds with jail threats and pushing from building. Other sheriffs also respond with jail threats and pushing from building. I ask Mr. Goldensen if he was involved in deaths of students at IIT related to frequent alcohol service and all you can drink alcohol or why retaliating because County taxes boeing involved in war. He responds "I will not reimburse any bills."


Probate laws can make athletes and visitors' injuries and limitations into reasons rights lost.



Diagnoses are reasons to enslave in Illinois. Mental Illness is a reason to enslave in Illinois. Why are the 13th, 14th , 15th amendment not seen as applying to guardianship even though the actions are not that different? When persons have to appeal to the US Supreme Court to visit family, phone family, get family away from smokers, get family fresh air, have family come home, similarities with slavery are seen. Many concerns in Cook County court are responded to with jail threats and being pushed from the Daley Center.

After you go to the doctor in the United States, the determination of a diagnosis is legally used to strip you of a number of rights and liberties. Guardians take you as property to charge you money to express all your rights. The simple fact that you are scared of "evil people" or want to say a word like "I am from Heaven" or princess might be used to make you into a slave or County property.



James T. Struck BA, BS, AA, CNA, MLIS

 
At 11:28 PM, Anonymous Anonymous said...

Weiss Hospital staff did things like punch in my mother (bruise on her arm after they took some flowers away from her), give her 2 unneeded shots, not let her be visited after I took a picture of her bruise. They were unneeded as she was later shaking severely on the medication. St. Francis Hospital did what could happen to any of you. I said "What are you doing?" and "Can I stay in the room?" to staff member at St. Francis and she wrote affadavit that I was interefering with treatment. They were giving more shots and medication which later contributed to shaking of head and hands. St. Joseph's Hospital and Weiss would both not release medical records. Citing Russ v. Watts, if you are married or have children and are part of another family unit, you could be said to not have standing to visit your parent. Adult children do not have many rights to visit parents in the law particularly guardianship. Courts deny the right. Parental liberty is limited in precedent to younger children.

 
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