Showing posts with label lawsuit. Show all posts
Showing posts with label lawsuit. Show all posts

Wednesday, June 3, 2015

Big surprise...Judge rules in favor of DHS in wrongful-death lawsuit; they gave abusive, drug-dealing dad custody--one month later, he beat to death 5-year-old daughter (Chandler, Oklahoma)

Once again, the notoriously father friendly CPS gives an abusive father custody--and then the predictable happens. He beats the child to death less than a month later. And then, what do you know. A judge won't hold these bozos responsible for their actions. Who didn't see that coming....

The killer custodial dad is SEAN DEVON BROOKS. He's on the Killer Dads and Custody list for Oklahoma.

http://examiner-enterprise.com/news/state/judge-rules-favor-oklahoma-department-human-services-serenity-deal-wrongful-death-lawsuit

Posted June 1, 2015 - 12:07pm

Judge rules in favor of Oklahoma Department of Human Services in Serenity Deal wrongful-death lawsuit

By Nolan Clay The Oklahoman (TNS)

A judge has found in favor of the Oklahoma Department of Human Services in a wrongful-death lawsuit, ruling the agency is not liable for the murder of Serenity Deal in 2011.

Serenity’s maternal grandparents, Charles and Annette Deal, of Chandler, appealed the decision Wednesday to the Oklahoma Supreme Court.

Serenity is the 5-year-old girl whose murder by her father in June 2011 led to widespread public outrage toward DHS. The longtime DHS director, Howard Hendrick, stepped down in 2012 after public confidence in his leadership fell because of child deaths.

Her father, Sean Devon Brooks, beat her to death in June 2011, less than a month after she began living with him full time at his Oklahoma City apartment at the recommendation of DHS workers.

She had been in a foster home.

Two workers were charged

DHS fired two Pottawatomie County child welfare workers over her death. The two had pushed for the girl to be placed with her father even though she had been injured twice during overnight visits with him in January 2011.

The two workers, Jennifer Shawn and Randy J. Lack, later were charged with suppressing evidence from Serenity’s judge. Both pleaded no contest to the misdemeanor offense and were put on probation. Serenity’s grandparents and her imprisoned mother, Samantha Deal, sued DHS and the two fired workers in 2013 in Pottawatomie County District Court. A district judge from Payne County took over the case after Pottawatomie County judges removed themselves from presiding over the lawsuit.

At a hearing May 7 in Stillwater, Judge Phillip Corley threw out all the claims against DHS “as a matter of law.” The judge at the same hearing did find against Shawn and Lack. How much in damages they will be ordered to pay will be determined later.

DHS attorneys raised a series of legal arguments against the claims. Most notably, they argued DHS cannot be held “vicariously liable” for the actions of employees that were “in direct violation of agency policy and were ultimately found to include criminal conduct.”

The grandparents’ attorneys are asking the Supreme Court to reverse the judgment in favor of DHS “because it is contrary to law.” They have raised seven issues where the judge may have erred.

Serenity’s father, Brooks, 35, is serving a life sentence in prison for first-degree murder. The former motel clerk admitted in his guilty plea in 2011 that he beat his daughter on the head.

DHS became involved in Serenity’s care after her mother was accused in 2009 of molesting a boy. The mother eventually went to prison in 2011. She is still in prison.

Brooks had not known he was Serenity’s father until she was 3.

In termination papers, DHS said its two workers failed to fully check the father’s background, which included times when he had been violent.

Records showed DHS never contacted the mother of Brooks’ three other children until after Serenity died. That woman, Brooks’ ex-girlfriend, has said she would have warned DHS workers that she considered Brooks too violent to be around their children. She also has claimed he “sold drugs the entire six years she was with him,” records show.

Case against workers

In the criminal cases, the two workers were accused of suppressing evidence from the judge that included a hospital photo of Serenity taken after one of the visits with her father in January 2011. The photo showed her with a swollen and bruised face and two black eyes.

Both Serenity and her father said he dropped her accidentally. DHS workers accepted that explanation.

Pottawatomie County District Attorney Richard Smothermon said in 2012 that the judge never would have placed Serenity with her father if the judge had seen that evidence.

“There is no way that this child fell out of a car seat. And anybody, without any bit of education, can tell that his story was just not true. This child was beaten. They never provided that to the court,” Smothermon said in 2012.

Another DHS child welfare worker — who had had concerns about the father and who had urged caution — committed suicide a month after her death.

Tuesday, March 13, 2012

Mom files lawsuit; 5-year-old daughter murdered by custodial dad, step (Muncie, Indiana)

So much for "the system" favoring mothers. There was certainly no favoritism for this mom, who lost custody to psycho dad RYAN MCCONNIEL and the equally charming step--only to have her child tortured to death.

http://www.thestarpress.com/article/20120313/NEWS01/203130339/Mom-files-lawsuit-over-Lauren-McConniel-s-death

Mom files lawsuit over Lauren McConniel's death
10:22 PM, Mar. 12, 2012

Written by DOUGLAS WALKER

MUNCIE -- The mother of Lauren McConniel has marked the second anniversary of her daughter's death by filing a lawsuit against those accused -- and in one case, convicted -- of neglecting and abusing the 5-year-old Muncie girl in her final months.

Also named as defendants in the lawsuit are a southside Muncie church, two of its pastors and its children's director. In the suit, Amber Huggins and her attorney, Ralph Dowling, allege officials at the Southside Church of the Nazarene became aware of Lauren's deteriorating condition, and saw indications she had been abused, but failed to alert authorities.

Lauren died in an Indianapolis hospital on March 9, 2010 -- two years to the day before Dowling filed the suit, on Friday, in Delaware Circuit Court 5.

That is the same court where Lauren's stepmother, Brittany McConniel, was last May convicted of neglect of a dependent resulting in death. She was later sentenced to 50 years in prison by Judge Thomas Cannon Jr.

It's also the court where Lauren's father, Ryan McConniel, has pleaded guilty to a neglect charge that could send him to prison for up to 20 years, and where three of Brittany McConniel's relatives -- her mother, Angela Lee; Lee's husband, Robert E. Lee, and their daughter, Samra Lee -- await trial on similar charges.

The allegations in the lawsuit echo those made during Brittany McConniel's trial, and in court documents that accompanied the charges against her co-defendants. According to the suit:
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• Lauren still lived primarily with her mother until August 2009, when her father claimed custody and returned to Indiana with his then-4-year-old daughter. At that time, Lauren was described as "healthy, happy (and) emotionally stable."

• Huggins, who lives in Tennessee, lost custody of Lauren and her older sister in a 2007 court hearing in Arkansas in which the mother was unable to arrange legal representation.

Witnesses have told authorities that Angela and Robert Lee -- who with their daughter lived with Ryan and Brittany McConniel -- concocted the plan to bring Lauren to Indiana in an effort to increase their household income through child-support payments.

Testimony has indicated that over the next seven months, while living with the Lees and McConniels in a South Ebright Street house, Lauren became dangerously emaciated, exhibited self-destructive behavior often associated with molestation victims, and was subjected to sadistic forms of abuse.

Ryan McConniel testified that both his wife and Robert Lee routinely punished Lauren by beating her hands and the soles of her feet and forcing her to exercise to the point of exhaustion.

Lauren's death followed her apparent ingestion of a lethal amount of table salt, which caused seizures and brain injuries from which her malnourished body could not recover.

• The McConniels over the seven months misled Huggins about their whereabouts, and she was unable to see her daughter until Lauren was in a coma and near death.

• The suit alleges Lauren was subjected to sexual abuse. While he faces charges that could send him to prison for decades, Robert Lee has not been charged with sex crimes.

However, Brittany McConniel told authorities Lee repeatedly molested her when she was a girl, and Ryan McConniel said he was concerned about Lee's interactions with his children.


• The suit also alleges what has been suggested at court hearings, but not specifically charged: That one or more of the co-defendants living in the Ebright Street home force-fed Lauren salt in a bid to delay a Child Protective Services official's planned interview with the girl.

As noted in the lawsuit, Brittany McConniel, now 26, is now an inmate at the Rockville Correctional Facility, and Ryan McConniel, Robert Lee and Angela Lee are being held in the Delaware County jail.

Robert Lee, 45, is set to stand trial April 30. His 46-year-old wife's trial is scheduled to begin May 15.

Samra Lee, 21, faces less serious charges and is free on bond. Her trial is set for May 24.

A sentencing hearing for Ryan McConniel, now 35, is scheduled May 14.

Testimony during Brittany McConniel's trial reflected members of the Lee and McConniel families attended Southside Church of the Nazarene during Lauren McConniel's final months.

Huggins' suit alleges that the church's pastor, Andrew Cole, his wife and the church's children's director, Elicia, and youth pastor Timothy Black "observed Lauren's deplorable physical deterioration, severe emaciation and widespread bruising shortly before her death and failed to report them to the proper authorities."

The suit also states that the McConniels never returned to the church after the Coles asked them about Lauren's multiple bruises.

(The Star Press tried to reach Andrew Cole for comment on Monday at his church. An employee said the pastor was not at work.)

Huggins' lawsuit asks that a jury determine damages for various costs related to Lauren's McConniel's neglect, hospitalization and death, and for the "loss of Lauren's love and companionship."

Wednesday, October 6, 2010

All child abuse charges dropped against 'Hopscotch Dad'; despite confession, gets "shared parenting" rights AND sues (Burlington, Kentucky)

This is the way it's going now. Not only do judges refuse to hold abusive fathers like CHRISTOPHER ROBISON accountable for their actions, but it will do you no good as a protective parent to divorce them. They will get "shared parenting (if not sole custody) anyway. If you further object to abuse occuring during "shared parenting," the judge (in this case LINDA BRAMLAGE) will still refuse to convict despite physical evidence (and a confession!) to the contrary. And Dad's FULL RIGHTS UNDER THE SHARED PARENTING will be fully restored and affirmed. And, and even bigger threat: Daddy will file a lawsuit against the detective, the prosecutor, and the protective parent for interfering in Daddy's "right" to beat or neglect the kids as he sees fit.

These are the same damn judges who wring their hands and say what a "tragedy" it is when kids like these turn up dead, and how nobody has a crystal ball. Ad nauseum....

http://www.fox19.com/Global/story.asp?S=13277281

All charges dropped against 'Hopscotch Dad'
Posted: Oct 06, 2010 9:48 AM CDT
Updated: Oct 06, 2010 9:48 AM CDT

BURLINGTON, KY (FOX19) - A judge has dismissed all charges against a Boone County father who was accused of beating his 5-year-old son for not playing hopscotch well enough.

After a four-hour trial, Judge Linda Bramlage cleared Christopher Robison of child abuse for the incident involving his son, as well as a child neglect charge involving his 8-year-old daughter.

In July, Robison was charged with criminal abuse for hitting his son with a belt over a game of hopscotch. Robison admitted to hitting the child, but the child did not suffer any serious injuries. In August, that felony charge was dropped.

Judge Bramlage restored Robison's full rights under the shared parenting arrangement he had under his divorce.

Robison and his attorney, Eric Deters, have filed a lawsuit against the detective in the case, as well as Robison's ex-wife and the Boone County Commonwealth Attorney.

Robison is a teacher at Camp Ernst Middle School. Deters sent Boone County Superintendent Randy Poe a letter notifying him that charges have been dropped and asking Poe to restore Robison's teaching job.

Monday, August 9, 2010

Mother of girl slain by sexually abusive, custodial father files $13M lawsuit (Dyersburg, Tennessee)

We've posted on this case several times. Still not explained by ANYBODY: How did a sexually abusive father like CHRISTOPHER MILBURN gain and retain custody of a teenage daughter? Who gave it to him and why? Note that when the daughter finally disclosed the abuse, the idiotic CPS did not return her to her mother, but gave her to neighbors just 3 doors away as foster care providers. Daddy then shot the girl to death. The foster parents were also shot, with just one surviving. The mother has already filed suit against the state. Now she is filing suit against the step, who "allegedly" knew of the fathers actions and intentions, but did nothing to protect the murdered girl.

http://www.stategazette.com/story/1655265.html

Mother of slain girl files $13 million lawsuit
Sunday, August 8, 2010

Dyersburg State Gazette

The mother of a 15-year-old girl who was killed in a murder/suicide last year is seeking $13 million from the alleged murderer's estate.

Jessica L. Readen of Roseburg, Ore., is suing the estate of Christopher Milburn and his widow, Amber Milburn of Dyersburg.

The civil lawsuit was filed on Readen's behalf July 30 in Dyer County Circuit Court by Dean Dedmon of Wilkerson Gauldin Hayes & Jenkins.

The lawsuit claims Christopher Milburn was "inappropriately touching, molesting, and/or sexually abusing (the daughter they shared) on an ongoing basis." The teen-ager reported the abuse to the Tennessee Department of Children's Services in July 2009. DCS removed the teen from her father's custody and placed her in the home of neighbors, Todd and Susan Randolph.

On Aug. 2, 2009, Christopher Milburn reportedly shot his daughter and the Randolphs and then committed suicide in a field nearby. Susan Randolph, who was shot multiple times, was the only survivor.

According to the lawsuit, Amber Milburn knew her husband was upset about the teen's allegations and was experiencing suicidal and homicidal thoughts prior to the shootings. She also, according to the lawsuit, knew that her husband was armed with a gun when he went to the Randolphs' house that evening.

The lawsuit claims Amber Milburn never warned anyone, police included, that her husband was armed and agitated. "Defendant, Amber Milburn, breached her duty to the (teen-aged girl) by failing to advise the minor child, her caretakers, and/or proper authorities (whether law enforcement or otherwise) of the behavior of her husband in the days leading up to August 2, 2009, and on August 2, 2009," the lawsuit said.

Readen is seeking $3 million in compensatory damages for her daughter's pain and suffering, the value of her daughter's life and her funeral expenses. Readen also is seeking $10 million in punitive damages.

Readen has requested a jury trial.

A couple of days before filing the civil lawsuit, Dedmon also filed a claim against the state of Tennessee for $300,000. The claim accuses the Tennessee Department of Children's Services of failing to protect her daughter and violating its own policies and procedures.

Readen previously received $6,000 for her daughter's funeral expenses through the Criminal Injury Compensation Fund. Convicted state and federal felons finance the fund through fines. Innocent victims of violence may file for medical expenses, loss of support, loss of wages, disability, funeral expenses and crime scene cleanup if the crime happened in the home.

Wednesday, March 10, 2010

Mom files lawsuit against police for sons murdered by father during court-ordered visitation (LeRoy, Illinois)

We have posted on this case before. Dad MICHAEL CONNOLLY murdered his two sons during court-ordered visitation. The mother had tried in vain to prevent the father from obtaining unsupervised access through the courts, was was blocked at every attempt. Now mom Amy Leichtenberg is filing a $10 million lawsuit against the LeRoy Police Department for failing to issue an Amber Alert in a timely manner when she reported that the boys were missing.

http://www.jg-tc.com/articles/2010/03/10/ap-state-il/il_father_sons_killed.txt

Ill. mom's lawsuit blames police in sons' deaths

A central Illinois woman is seeking $10 million in a lawsuit that accuses police of waiting too long to start looking for her two sons after they were taken by their father last year.

Nine-year-old Duncan Leichtenberg and his 7-year-old brother, Jack, of LeRoy were found dead in late March. They were killed by their father, Michael Connolly, before he killed himself. The town is about 18 miles southeast of Bloomington.

Amy Leichtenberg claims in the wrongful death lawsuit filed Tuesday that police in LeRoy waited too long to issue an Amber Alert after she reported that her sons were overdue from a custodial visit. The lawsuit names the city and its police as defendants.

LeRoy Police Chief Gordon Beck says he hasn't seen the lawsuit and couldn't comment.

Information from: The Pantagraph, http://www.pantagraph.com