VF>I saw you write this to Bill Swan...
Yea, I have not heard from him in a while, since before I began my trek
across country in January.  I was planning to see him while I was in
northern California, but we had to get back here a lot quicker than
anticipated to deal with an appeal brief deadline.
VF>Can one really sue social services for civil rights violations?
I am told it's possible and we certainly want to follow that option, but
the complaints I was referring to were not civil complaint, but rather
complaint complaints  because of their actions.
VF>The problem is, we know WHAT we can sue for (the complaints) VF>but
WHO to sue is the $90,000,000 question.  We were thinking of "the
VF>county, social services, the Judge(s), the social worker" and whoever
VF>else we can put on there.  Any info on the subject would be greatly
VF>appreciated, especially since we are doing this on our own.
Yea, we are in pretty much the same situation here.  I have read a
number of posts here from persons who were going to file huge lawsuits,
but never did.  I have been very fortunite (Thank God) in the contacts I
have made around the country and, based on these contacts, we have
otained numerous suits that were filed and won.  People are just getting
sick of the railroad jobs; heaven knows I am.  My client has been
sitting in prison for a year, convicted for crimes I know he is innocent
of.  Yea, I know, everyone is innocent , but in this case, he is.  At
any rate, absed on the assistance I have gotten, we were able to draft a
Supplement to an a Appeal Brief and get it in right at the wire.  Yea, I
know.  The last thing a private investigator needs to be trying to do is
play lawyer and knowledge wise, I would not make a pimple on a good
lawyer's backside, but in this case, we had absolutely no choice.  Had
the appeal my client's attorney actually filed been allowed to stand, he
would have never had a chance of getting anything turned around.  With
the help of a great many people, our Supplement was 85 pages where the
original brief was 3 pages .  It was not really as difficult as it
sounds though because I am an absolute stickler for detail so we had all
the real necessary information already available in our report (which is
now over 300 pages) .  Turned into a pretty think book.
Anyway, without really going into detail, we have learned the
psychologist who testified against my client had no business doing so
for two very good reasons; one, her testimony was only for the purpose
of discrediting witnesses (his daughters testified they had not been
molested and the psychologist -state's expert- testified they had).
Second, there is absolutely no scientific foundation for her opinion and
it should never have been allowed.  We quoted case after case,
nationally and here in Mississippi, supporting that position.  Most
notable was US, DAUBERT.
We found that the psychologist in the case was also the founder and
incorporator of the local CASA organization, which explained why that
representative was obsessed with having my client's daughters state they
had been molested.  The CASA volunteer, according to local and national
standards, is supposed to refrain from offering opinions and from taking
anything other than a neutral position.  I'd say she overstepped her
bounds when she instructed my client's wife to CHANGE CHURCHES because
sexual abuse is hereditary and because her husband was a child molester,
his father probably was also and since the children's grandfather
attended the same church, it was not in the "girls" best interest to do
so.  We taped meeting after meeting with the CASA rep and then finally
had a "showdown" meeting where we asked her, I believe, 52 questions,
each of which she denied.  That meeting was also taped so we have an
excellent action against her and her organization.
Social services started by threatening to take my client's daughters
away from their mother if she moved from a particualr county until after
my client's trial was over.  She moved and, sure enough, they took the
girls.  I won't even go into the lies and abuse by social services, but
needless to say, they stepped on every right an individual could have.
As to my client's attorney, he was retained 4 months in advance of
trial, yet prepared his entire defense the night prior to trial which
included retaining a psychologist to combat the state's expert.
At trial, the DA offered to dismiss all charges against my client if he
would plead guilty to an assault on a niece.  He said he had not done
anything wrong and would not.  WHEW!  That girl testified to things she
had never mentioned previously and between her testimony and the
psychologist, my client got 32 years.
We are filing complaints with the BAR assocaition against the DA and my
client's attorney.  There will also be a civil action for mal-practice
against his attorney.
We are filing complaints with the state and American Psychological
Associations for the actions of the psychologist and then will file a
civil action for mal-practice.  Her own testimony in my client's case
hung her out to dry, so to speak.
We are filing a complaint on a national level for the actions of the
local social service workers.  If we are able to file a civil action, we
will certainly do so and I have been lead to believe we can.
We are filing complaints against the CASA representative and will also
file a civil action in that matter without question.
The only one I really see a problem with is going to be the DA and that
I don't know about.  I have several cases where attorneys finally broke
the immunity regarding DA's and did win a judgement; in one case, over 4
million dolloars.
As I said, I don't know where we can go with that and it's a shame.  The
DA in this case was running for Appeals Judge and tried to use this
conviction as an election prop.  He was willing, and basically did,
anything necessary to get the conviction.  He could have cared less
about the children.
It will take me about a week to get the complaints done and then we will
add them to our book and take it to the Civil Rights Division of the
FBI.  If we cannot do anything to the DA, maybe they can.
Well, sorry to ramble on and on.  Just got carried away .  I have
read your posts in here for quite a while and wish you all every
blessing possible.  Believe me, I know what you are going through, even
though I am basically an outsider.  Same with Bill Swan.  I had talked
with him on several occasions and have hope against hope he and his wife
are able to come out a winner.  He is really a super nice guy.
One other thing.  I have been reading a lot of posts here fromm someone
ion Arkansas and in Williamsburg, Virginia.  I think the guy in
Williamsburg posted the DAUBERT information.  They both seem to be
extremely intelligent and obviously care a great deal about what they
are doing so keep reading and something may jump up that offers a
solution to your problem.
My very best to you and your husband and my prayers are with you.
Allen
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