Friday, May 9, 2008

Federal Laws Violations Can Lead to Civil Rights Damages

The rights of citizens to the care, custody and nurture of their nurture of their children is of such character that it cannot be denied without violating those fundamental principles of liberty and justice which lie at the base of all our civil and political institutions, and such right is a fundamental right protected by this amendment (First) and Amendments 5, 9, and 14. Doe v. Irwin , 441 F Supp 1247; U.S. D.C. of Michigan, (1985). The several states has no greater power to restrain individual freedoms protected by the First Amendment than does the Congress of the United States. Wallace v. Jaffree, 105 S Ct 2479; 472 US 38, (1985).

Loss of First Amendment Freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury. Though First Amendment rights are not absolute, they may be curtailed only by interests of vital importance, the burden of proving which rests on their government. Elrod v. Burns, 96 S Ct 2673; 427 US 347, (1976). Law and court procedures that are "fair on their faces" but administered "with an evil eye or a heavy hand" was discriminatory and violates the equal protection clause of the Fourteenth Amendment. Yick Wo v. Hopkins, 118 US 356, (1886).

Even when blood relationships are strained, parents retain vital interest in preventing irretrievable destruction of their family life; if anything, persons faced with forced dissolution of their family and parentals rights have more critical need for procedural protections than do those resisting state intervention into ongoing family affairs. Santosky v. Kramer, 102 S Ct 1388; 455 US 745, (1982).

Parents have a fundamental constitutionally protected interest in continuity of legal bond with their children. Matter of ! Delaney, 617 P 2d 886, Oklahoma (1980). . The liberty interest of the family encompasses an interest in retaining custody of one's children , thus, a state may not interfere with a parent's custodial rights absent due process protections. Langton v. Maloney, 527 F Supp 538, D.C. Conn. (1981).

A parent's right to the custody of his or her children is an element of "liberty" guaranteed by the 5th Amendment and the 14th Amendment of the United States Constitution. Matter of Gentry, 369 NW 2d 889, MI App Div (1983). Reality of private biases and possible injury they might inflict were impermissible considerations under the Equal Protection Clause of the 14th Amendment. Palmore v. Sidoti, ; 466 US 429, 104 S Ct 1879 (1984).

There is a family right to privacy which the state cannot invade or it becomes actionable for civil rights damages. Griswold v. Connecticut, 381 US 479, (1965). The right of a parent not to be deprived of parental rights without a showing of fitness, abandonment or substantial neglect is so fundamental and basic as to rank among the rights contained in this Amendment (Ninth) and Utah's Constitution, Article 1 § 1. In re U.P., 648 P 2d 1364; Utah, (1982). The rights of parents to parent-child relationships are recognized and upheld. Fantony v. Fantony, 122 A 2d 593, (1956); Brennan v. Brennan, 454 A 2d 901, (1982).

Source=>>

1 comment:

AskAngela said...

Civil and Human Rights continue to be ignored in the elder protection area. It makes one wonder why human and civil rights organizations even exsist when millions of violations of such rights are reported daily,monthly and yearly. Its quite obvious that nothing seems to ever be done about these crimes and or issues.
Ever time I read or hear someone's story and or violation, I am sickened and weakened mentally. I continue to be dumbfounded by the neglect and abuse by our so called justice system.
I dont understand and never will as to how and why we have enabled our justice system and people in power to misuse our system that was once designed to help our fellow americans.
Angela ( Avid Advocate for the Elderly)