Seventh Circuit Notes Split Re Whether there is a Due Process Right of an Adult Child to Associate with Parent
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.
posted by A. Benjamin Spencer @ 8:43 AM
2 comments
2 Comments:
My mother is not incompetent; she gets upset about abuse like her sister getting beat up, her getting pushed into a cabinet, her getting pushed or falling with trauma, and her father dying related to shots, for example. She was punched at Weiss and they did not allow access to records. Cook County disputed bills to make money for themselves. Cook County Guardian staff had handcuffed her for trying to avoid second hand smokers at a nursing home. Government taking away our rights to associate with family did happen in periods like slavery and National Socialism. Government had rights in those periods to associate with people and people did not have rights. The comparison is normal because slavery and concentration camp like behavior are crimes.
I filed 44 or more motions in state courts. Filed 4 Illinois Supreme Court appeals and 2 US Supreme Court Appeals. Little of it went anywhere. I did do state court filings.One motion allowing my mother's letters be admitted in the Illinois Court of Appeals and one motion for a supplemental petition in the Illinois Supreme Court were allowed; all other requests denied. You are allowed to represent your own interests that is not frivolous.I think Rooker Feldman promotes kidnapping. Just kidnap people through guardianship and then say there is no right to complain in federal court. No federal complaint would go forward. In a disability hearing in Illinois, you are also allowed to represent another.
I am sorry the case I am involved in was cited against you. Cook County Guardian had done things like treat my mother and I similar to slaves.Every rights request like "where is my mother" "can I visit my mother" "my mother wants to get fresh air away from smokers" "can you reimburse this dental bill for her care" resulted in a fee demand by the County and frequently being pushed from the Daley Center and threatened with contempt. Her sister had gotten beat up in the Civic Center, but my mother was beat up at Weiss Hospital and I was denied visitation afterwards. Weiss gave her haldol because I was talking about the all you can drink and frequent alcohol at IIT being associated with deaths. IIT graduates did most of these rights violations. Concerns are retaliated against-concerns from National Socialist/slavery similarities to the ability of my mother to take care of herself. I would honestly be scared of coming to a university like Roosevelt or IIT, because schools like IIT and Roosevelt University do things like lie about following someone when trying to see a parent who was pushed or fell with trauma (IIT) and say things "if you talk you will be fired" (IIT)or "you went bitchin to the government"(Rooosevelt) and then their graduates restrict access to see parent with affadavits or restriction requests. The whole guardianship system leads to not talking and not going to doctors. Saying something somoene does not like could lead to loss of rights and having a diagnosis leads to loss of rights-similarities with slavery.
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 or to Chicago
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, deny 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 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 running away trying to avoid 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, 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 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 17 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 and handcuff parent who was trying to avoid second hand smokers at nursing homeand ran away from County staff
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 or at least Illinois, 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.
Weiss Hospital staff did things like punch my mother (bruise on her arm after they took some flowers away from her), give her 2 or more 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. Cook county courts respond to requests to visit family with charges, jail threats, pushing persons from building.
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