Anyone heard this before???

Are you going through an investigation now? Tell your story and get feedback here.

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Bob_Lynn
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Postby Bob_Lynn » Thu Mar 09, 2006 6:48 pm

Dan Sullivan wrote:On which website and exactly where can I verify that bit of information?


http://forum.fightcps.com/viewtopic.php?t=3484

Is there something you don't understand about consulting an attorney?

momof3
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Postby momof3 » Thu Mar 09, 2006 6:56 pm

Dont know if you were talking to me or Dan but...No Bob, there is nothing I dont understand about contacting an attorney.

I was making a point that everyone that is suppose to know and abide by the laws dont even know them themselves they all have a different story CPS, Schools, Etc.. Dont you worry Bob, I am no idiot and will get the answers If these places dont know the laws I will make sure they will in the future.

waiting for our letter which did not come until 4:30 today now I can go to an attorney, not that we can really afford it, but have no choice.

Bob_Lynn
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Postby Bob_Lynn » Thu Mar 09, 2006 7:25 pm

momof3,

If you notice, I quoted Dan and replied to Dan. The difference between Dan and most other posters is that when he replies to my posts, it's usually because he has another agenda. I'm not an idiot either.

Dan Sullivan
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Postby Dan Sullivan » Thu Mar 09, 2006 11:35 pm

see below
Last edited by Dan Sullivan on Fri Mar 10, 2006 5:34 am, edited 3 times in total.

Bob_Lynn
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Postby Bob_Lynn » Fri Mar 10, 2006 3:15 am

From federal complaints I have read that include injunctive relief.

Dan Sullivan
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Postby Dan Sullivan » Fri Mar 10, 2006 5:34 am

Bob_Lynn wrote: "In any federal lawsuit, you can protect yourself against retaliation via an injunction."


Bob did you get that information from an attny or a website?

Bob_Lynn wrote:From federal complaints I have read that include injunctive relief.


FYI I did some research and discovered that injunctions are not always granted... so a plaintiff can only get protection with an injunction in SOME lawsuits... not "any" lawsuit.

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Postby Bob_Lynn » Fri Mar 10, 2006 6:08 am

Ok, I may have worded it incorrectly, I should have have said you can file a motion for injunctive relief in any lawsuit to protect yourself. And you should have posted that although a lawsuit may cause some defendants to attempt to retaliate, it does not always happen (it's likely very rare) and there are methods you can use to try to protect yourself against such retaliation. Furthermore, attempts at retaliation by defendants may also jeopardize their case and a decent defense attorney will warn a client against such action (that's why it's likely rare). And furthermore, filing such a motion, even if denied, would serve as a warning to the court that such retaliation is being considered.

FYI, no retaliation has been attempted so far in the 3 lawsuits filed from Monroe County and I don't expect any, and although I did consider filiing a motion for injunctive relief early in the suit, I have not done so and do not feel it's necessary.

So bottom line, like I originally posted, one should not consider potential retaliation as a factor that would prevent one from filing a lawsuit.

Dan Sullivan
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Postby Dan Sullivan » Fri Mar 10, 2006 6:39 am

Bob_Lynn wrote: Ok, I may have worded it incorrectly, I should have have said you can file a motion for injunctive relief in any lawsuit to protect yourself.


But the injunction won't always be granted.

Bob_Lynn wrote: And you should have posted that although a lawsuit may cause some defendants to attempt to retaliate, it does not always happen


Why should I have posted that?

Bob_Lynn wrote: (it's likely very rare) and there are methods you can use to try to protect yourself against such retaliation.


Other than an injuction?

Such as?


Bob_Lynn wrote: Furthermore, attempts at retaliation by defendants may also jeopardize their case and a decent defense attorney will warn a client against such action (that's why it's likely rare). And furthermore, filing such a motion, even if denied, would serve as a warning to the court that such retaliation is being considered.


Wouldn't that just be speculation on the part of the plaintiff?

If someone had real proof that CPS was retaliating because they were being sued, it would be too late for an injunction to stop them.


Bob_Lynn wrote: FYI, no retaliation has been attempted so far in the 3 lawsuits filed from Monroe County and I don't expect any,


You were uninvited to the CPS Hearings...

Bob_Lynn wrote: and although I did consider filiing a motion for injunctive relief early in the suit, I have not done so and do not feel it's necessary.

So bottom line, like I originally posted, one should not consider potential retaliation as a factor that would prevent one from filing a lawsuit.


What a person has to consider is...

1 - whether there actually is a legitimate lawsuit.

2 - what chances they have in prevailing in the suit.

3 - what can be proved is the value of the injury suffered.

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Postby Bob_Lynn » Fri Mar 10, 2006 7:00 am

Dan Sullivan wrote:But the injunction won't always be granted.


And, what's your point?

Dan Sullivan wrote:Why should I have posted that?


Because it makes more sense than what you did post.

Dan Sullivan wrote:Other than an injuction?

Such as?


Speak to an attorney about other options.

Dan Sullivan wrote:Wouldn't that just be speculation on the part of the plaintiff?


Everything is speculative, there are never any absolutes or guarantees.

Dan Sullivan wrote:You were uninvited to the CPS Hearings...


And what does that have to do with this discussion?

Dan Sullivan wrote:What a person has to consider is...

1 - whether there actually is a legitimate lawsuit.

2 - what chances they have in prevailing in the suit.

3 - what can be proved is the value of the injury suffered.


You're repeating yourself, I already replied to that.

Dan Sullivan
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Postby Dan Sullivan » Fri Mar 10, 2006 7:19 am

Bob_Lynn wrote: And you should have posted that although a lawsuit may cause some defendants to attempt to retaliate, it does not always happen


Dan Sullivan wrote:Why should I have posted that?


Bob_Lynn wrote:Because it makes more sense than what you did post.


All I did was tell you that what you claimed was incorrect.

And you agreed "Ok, I may have worded it incorrectly... "

Apparently what I posted made more sense that what you posted.

If you want to include additional information, that's up to you.


Bob_Lynn wrote: and there are methods you can use to try to protect yourself against such retaliation.


Dan Sullivan wrote:Other than an injunction?

Such as?


Bob_Lynn wrote:Speak to an attorney about other options.


My mistake, I thought you actually had something in mind when you wrote that.

Bob_Lynn wrote: FYI, no retaliation has been attempted so far in the 3 lawsuits filed from Monroe County and I don't expect any,

Dan Sullivan wrote:You were uninvited to the CPS Hearings...


Bob_Lynn wrote:And what does that have to do with this discussion?


Don't you think your three lawsuits might be the reason you were uninvited?

Dan Sullivan wrote:What a person has to consider is...

1 - whether there actually is a legitimate lawsuit.

2 - what chances they have in prevailing in the suit.

3 - what can be proved is the value of the injury suffered.


Bob_Lynn wrote:You're repeating yourself, I already replied to that.


I didn't expect you to reply.

I was just posting it so people would know what they need to consider regarding a civil suit.

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Postby Bob_Lynn » Fri Mar 10, 2006 7:45 am

Dan Sullivan wrote:Don't you think your three lawsuits might be the reason you were uninvited?


If you're insinuating I was uninvited as a form of retaliation, there's no chance that's true. I showed both Birmelin and Scavello specific parts of my lawsuit (to make a point) before we were invited. Also, one of those lawsuits belongs to Bruce Bayer, which was also known to them, and his invitation was still in effect after I was uninvited.

Dan Sullivan
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Postby Dan Sullivan » Fri Mar 10, 2006 8:04 am

Bob_Lynn wrote:
Dan Sullivan wrote:Don't you think your three lawsuits might be the reason you were uninvited?


If you're insinuating I was uninvited as a form of retaliation, there's no chance that's true.


I'm not insinuating anything.

I just asked a question.
Last edited by Dan Sullivan on Fri Mar 10, 2006 12:16 pm, edited 1 time in total.

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Dazeemay
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Postby Dazeemay » Fri Mar 10, 2006 8:26 am

OKAY GUY'S!!!
I don't have a problem if you need to go back and forth with one another. I do have a problem with the fact that it is another posters thread you are doing it on.

If you must continue a conversation politely just say, "going to the Roundtable" that is what that forum is for. Then continue your debate there.

This is Momof3's thread to post.

It's as rude as a person always interrupting a conversation!!
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

Bob_Lynn
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Postby Bob_Lynn » Fri Mar 10, 2006 8:33 am

Dan Sullivan wrote:I'm not insinuating anything.

I just asked a question.


Why would you ask such a question if you weren't insinuating anything? If that were true, it would be irrelevant to this discussion.

Bob_Lynn
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Postby Bob_Lynn » Fri Mar 10, 2006 8:42 am

The original discussion was related to this topic as it was about suggesting suing for alleged wrongful or illegal action. You'll have to ask Dan why he brought the Hearings into the discussion as this is totally unrelated.

Dan Sullivan
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Postby Dan Sullivan » Fri Mar 10, 2006 12:25 pm

Bob_Lynn wrote:The original discussion was related to this topic as it was about suggesting suing for alleged wrongful or illegal action. You'll have to ask Dan why he brought the Hearings into the discussion as this is totally unrelated.


For the last time on this thread...

Bob posted regarding his own lawsuits

"FYI, no retaliation has been attempted so far in the 3 lawsuits filed from Monroe County and I don't expect any... "

And I simply asked if his being uninvited to the Hearings should be considered retaliation.

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kdddav
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Postby kdddav » Fri Mar 10, 2006 5:36 pm

Principal - I am obligated by Maryland law to cooperate with all Government Agencies questioning children due to an investiagtion of abuse.


I have automated replies as well, for things like this, and all are also true. Especially for a Principle.

Parent - You are obligated by Federal Law to not allow anybody to interview children without Parents or Legal Representation according to the 4th and 14th Amendments. Federal law supercedes State law.

Assistant Principle - Sorry, but they told us that we have to allow CPS to see Children on school property.

Parent - They is not a person or entity of authority with the power to put aside Consitutional Rights. Please identify all who are labeled as "they", names and positions, as such an order has no value or force of law and I want to know who violated Civil Rights

(To note, I take out a pad and pen and slide it to them. If they balk at it, and or course everyone has, with me, and I propmtly inform them that I, as a Parent, with authority over my children, actually exist and can do something about Children having their rights violated.)

Please remember, if you don't KNOW your rights, you don't HAVE them. The system CPS employs is heavily reliant on your ignorance. Call them to the carpet each and every time. If you are at a loss for answers, don't look defeated or upset, simply give a small smile and inform said people that the conversation is not finished when you leave. Then get your facts, get armed, and then go back and let them know.

Secretly video tape it. Palm corder with lens hanging out of the seam of the purse, whatever it takes, but you can secretly video tape anything, anywhere, anytime, and there is nothing they can do about it legally.

In fact, a Judge LOVES hidden video as evidense. Makes monkeys out of the liars, proves Rights Violations, and when that is done, they are stripped from Judicial immunity and open for a civil lawsuit that will win. Even cops and CPS agents.

Maryland can write a law that says they have to shoot non handicap people who use a handicap toilet on sight. It's not valid because of stupidity, but because Federal Law says shooting people is Murder, a capital crime, and has no statute of limitations. State law is always void if it violates Federal law.

The last and not commonly used Amendment in our bill of rights... the 10th Amendment.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

So if there is no Federal or State Law saying otherwise, YOU have the power to do it.

Write another note that says this:

Dear "School Here",
My Child is to not be interviewed or questioned by anybody outside of the immediate family about any subject not related to educational materials. Nobody in School, State or Federal Jurisdiction has permission to be with my child in anything unrelated to educational material offered by the school for advancement through the grade without the presence of a biological parent (me) or Attorney who is retained by the Family. This is afforded to our Child through the 4th and 14th Amendment of the US Constitution.
As a Parent whom has the final authority over my Child's educational experience, and through the power granted to me by Amendment 10 of our Bill of Rights, this letter has authority as there is no State or Federal Law forbidding this note.
Failure to comply with this Parental Decree will subject all those in contention of my wishes the loss of their Judicial Immunity and will be liable in Civil Court for Constutional Damages.
Failure of this letter to stay in my Child's permanent school record will accord the same penalties.

Child's Full Legal Name Here Child's Student Number Here
Parents Full Legal Name Here
Parents Physical Address Here

Parental Signature Here Date Here

----------

Make sure it's typed. Is it legal? According to the 10th Amendment it is, as there is no state law nor federal law that says a Parent cannot protect their child with a Parental statement that reminds the school to follow the 4th and 14th Amendments. Until a law is passed forbidding this, which is a moraly sound Decree, the power is granted to us, the People. If they violate it, by all means take your copy to a Civil Court and prosecute. Use the 10 Amendment as your arguement. Take it to the Supreme Court. It'll be nice to see THEM as defendants for once, on sound legal ground.

Also, the blanket is there. Nobody outside of the immediate family. That covers guidance counsilors, police, FBI, CIA, CPS, anybody. They'll hate that, but too bad!

It's why you can Video Tape where you want, secretly or not. All those recording laws are for audio tape only. Not Video Tape, so you have the power to use Video anywhere.

Don't balk at this so fast. Remember, the system was originally set up for the People to regulate the Government, not the other way around. The tools are still there. Use them. :)

Kdddav
"The lie can be maintained only for such time as the State can shield the people from the political, economic and/or military consequences of the lie. It thus becomes vitally important for the State to use all of its powers to repress dissent, for truth is the mortal enemy of the lie, and thus by extension, the truth becomes the greatest enemy of the State." —Dr. Joseph M. Goebbels, Hitler’s Propaganda Minister

Bob_Lynn
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Postby Bob_Lynn » Fri Mar 10, 2006 6:54 pm

Great stuff Kdddav, thanks for clarifying that. You must sue when and if you can, whenever your rights were violated, otherwise, they'll do it again and again. It isn't just a matter of compensation.

momof3
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Postby momof3 » Sat Mar 11, 2006 5:45 am

Thank you Kdddav,

I have a meeting with school board and principal on Monday, was supposed to be yesterday but principal conveniently was not returning school boards call to confirm the meeting.

I am armed with all facts and will use this. I pulled my son out of school yesterday. I spoke with the principal regarding the accusastion by school that was added after the initial complaint call to CPS about me being more attentive about my sons hygiene. This was a total bunch of BS added when the school knew the case was going to be unfounded to find something to justify their claimes. When I asked principal about how my sons hygiene needs to improve she could not answer me, but said "Ms. XXXX, you have alot of accusations against you here at school" when asked to elaborate, she would not. If this was true why werent they brought up during the initial call. Now its not my husband they are accusing, but now its me. They are going after something just to justify their stupidity. I feel another call to CPS brewing.

I just could not continue to let my son go to school and put my family in jeopardy over bogus claims, we will get this straight on Monday or alternatives option will have to be given to me for his schooling. It has become harrassment in my opinion. I will take all of your suggestions, everyone here is so helpful and I appreciate all information. I will keep everyone informed. Hopefully this will end soon, I have not slept in 2 nights, and it is affecting my job having to deal with this at work. We are darn good parents and anyone that knows us will back that up, I am not going to let them trash our good name, I have been a mother for 16 years and I have never had my parenting questioned. I just want it to end.

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Dazeemay
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Postby Dazeemay » Mon Mar 13, 2006 12:10 pm

Two thoughts here.

Kdddav again you have given tremendous input to the board. What you said here struck me
They is not a person or entity of authority with the power to put aside Consitutional Rights.



Bob what you said also struck me in regards to what we hope to accomplish with our lawsuit.
........... You must sue when and if you can, whenever your rights were violated, otherwise, they'll do it again and again. It isn't just a matter of compensation.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

GeorgiaMomx6
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Postby GeorgiaMomx6 » Wed Mar 15, 2006 8:20 pm

........... You must sue when and if you can, whenever your rights were violated, otherwise, they'll do it again and again. It isn't just a matter of compensation.
[/quote]

But, how do you know when and if you can sue? and your are correct, its not just a matter of compensation. I could care a less about money. I just want my rights and values as a parent protected.

Bob_Lynn
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Postby Bob_Lynn » Wed Mar 15, 2006 8:38 pm

GeorgiaMomx6 wrote:But, how do you know when and if you can sue? and your are correct, its not just a matter of compensation. I could care a less about money. I just want my rights and values as a parent protected.


You can sue if you believe your rights were violated. Remember that a belief is merely an opinion. There is never any guarantee with any lawsuit. Only a court of law can determine if your rights were truly violated.

A decent attorney should be able to tell what your chances are of prevailing in a lawsuit. You should also be able to find an attorney who will not charge you for a consultation or will only charge you a reasonable nominal fee. I personally would skip any attorney who charges any fee for a consultation unless I felt there was a compelling reason to consult with that particular attorney (i.e. strong positive reputation).


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