PARENTS AND CHILDREN FOR EQUAL RIGHTS STARK COUNTY, OHIO, DON SPROUT 330-484-2432 MAHONING COUNTY, OHIO, DAN NICHOL 330-547-6420

 

Efforts of groups or associations to advise their members of their legal rights are protected by First Amendment right to petition and are thus immune from objections by state bar associations and others:

NAACP v Button (1963) 371 US 415, 9 L.Ed.2d 405, 83 S.Ct.328 [plus string citations] (source USCS Constitution, Amendment 1, note 386, Lawyers Cooperative Publishing 1986) Sex discrimination against fathers, federal courts have jurisdiction. Fathers claim that psychologist, psychiatrist conspired with mother to deprive father custody based on sex discrimination, liberty interest, gender based discrimination, [class based animus against males] is valid cause of action under 42 USC 1985,

Williams v Rappeport (1988) 699 F.Supp 501. Parents have fundamental liberty interest in care, custody and management of their children

Smith v Smith (Ohio 1996) 75 Ohio St.3d 418, In re Awkal (Cuyahoga 1994) 95 Ohio App.3d 309. Source: Baldwinís 1997 Supplement Ohio Constitution I, Section 1, Note 5, 15. State judges not immune from injunctive, declaratory relief under 42 USC 1983, 1985 for violation of civil rights,

Johnson v Kurz, 596 F.Supp 39 at 44-45 [string citations] (N.D. Ohio 1984);

Lynk v LaPorte Superior Court No. 2, 789 F.2d 554, 560 (7th Cir 1986);

Pulliam v Allen 466 US 522, 104 S.Ct. 1970, 80 L.Ed.2d 565 (1984). Award of attorney fees against state judges to plaintiff(s) in successful 42 USC 1983, 1985 civil rights, class injunction suits valid under 42 USC 1988, Pulliam v Allen, as above.

Ohio family case law: Davis v Flickinger (1997) Vol. ___, Ohio St. 3d, page ___; Best interest of children, both parents, abuse of discretion, substitution of trial courtís judgment; Miller v Miller (1993) 92 Ohio App.3d 340, Doctrine of unclean hands, poisoning the minds of children;

Park v Ambrose, 85 O App3d 179, Retroactive support barred under doctrine of latches when custodial parent denies non custodial parent input in childís upbringing. Intentional infliction of emotional distress

Strock v Pressnell (1988) 38 Ohio St. 3d. 207, Complaint for intentional infliction of emotional distress recognized cause of action in courts of the State of Ohio.

Drewes v Illnicki 863 F.2d 469 (6th Cir Ohio 1988), Diversity of parties state citizenship does not bar fatherís claim in federal court that former wife intentionally inflicted emotional distress upon father by removing children to another state and denying father visitation.

Sheltra v Smith, 392 A.2d. 431 (Vt. 1978), Malicious conduct, denial of communication between parent and child, intentional infliction of emotional distress.

Raftery v Scott, 756 F.2d. 335 (4th Cir. 1985); custodial parent secreted children from non custodial parent; mental health professional?, custodial parent held liable for intentional infliction of emotional distress.

Kajtazi v Kajtazi, 488 F.Supp. 15 (E.D.N.Y. 1978), Custodial parent liable, secreted children in foreign country, held intentional infliction of emotional distress.

Hall v Hall-Stradley, Denver (Colo) Dist. Ct. No. 84 CV-2865, 11/26/86, Custodial mother and her attorney held liable for $370,000.00 for intentional infliction of emotional distress, father was pro se litigant (under appeal).

Pankratz v Willis 744 Pacific Reporter 2d. 1182, Non custodial parent suffering poor job performance due in part to intentional infliction of emotional distress awarded $125,000.00 compensatory damages.

Kunz v Deitch 660 F.Supp. 679 (N.D. Ill 1987), Non custodial father may maintain action for intentional infliction of emotional distress against grandparents.

Finn v Lipman 526 Atlantic Reporter 2d. 1380, Non custodial parent may bring action against attorney representing custodial parent for intentional infliction of emotional distress, (dismissed) non custodial parent must properly allege, prove certain criteria to prevail.

Wise v Bravo, 666 F.2d. 1328 (10th Cir. 1982), Father brought 42 USCA 1983 civil rights suit against police for interfering with visitation, (dismissed) premature, court had yet to establish, create visitation order.

Hershey v Hershey, 467 Northwest Reporter 2d. 488, Secreting whereabouts of child from father for period of time, unclean hands of custodial parent valid cause of action. Intentional infliction of distress case law.

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