Date of Original Filing

Date of Original Filing: 12/21/07

1:07-cv-1643-LJM-WTL

Date of Requested Revision of Filing completion: 3/10/08

Dates of Incidents: 12/05/04 – 12/09/04 and 4/09/05 – 12/22/05

Complainants:

...., minor child b/f Sarah Renee Staton, , Mother of minor child,

, maternal grandmother, & , maternal grandfather – Plaintiffs

Defendants

Director of Dept of Children Services

James Payne

Indiana Government Center West

402 W Washington ST. Room W-392

Indianapolis, IN 46204

State Adoption Specialist

Indiana Division of Family and Children

Bureau of Family Protection and Preservation

Stephanie Beasley-Fehrman

402 West Washington Street, 3rd Floor, W-364

Indianapolis, IN 46204

Director of Marion County Dept of Child Services

Dan Carmin,

Cynthia Blue,

Andrea Goodwin,

Dan Brumfield,

Donna Lewis,

Melissa Clark,

Honorable Judge Jansen

4150 North Keystone Avenue

Indianapolis, IN 46205

Other governmental agencies aware of the violations of DCS and either participated with or failed to prevent on going violations

Governor Mitch Daniels Office of the Governor Scott Zarazee Statehouse Indianapolis, IN 46204	Attorney General Steve Carter Office of the Indiana Attorney General 302 W. Washington Street Indianapolis, IN 46204	Attorney General Inspector David Thomas Office of Inspector General 150 West Market Street Room 414 Indianapolis , Indiana 46204	Indiana State Police Michael Snider Criminal Investigations Division Indiana State Police 100 North Senate Avenue IGCN Indianapolis, IN 46204	Marion County Prosecutor Carl Brizzi, Lisa Borges, Linda Majors, Stacy Hawk, Myron Hockman 251 East Ohio Street, Suite 160 Indianapolis, IN 46204
Marion County Police Ron Cummings Randy Taylor 50 North Alabama St. Indianapolis, IN 46204	Domestic Relations Counseling Bureau of the Circuit and Superior Courts of Marion County Susan Hoppe 902 Virginia Avenue Indianapolis, IN 46203	Guardian ad Litem Child Advocates Dwana Heiney 4701 N Keystone Avenue, Suite 250 Indianapolis, IN 46205	Family Works Terri Thiet 3675 Washington Blvd Indianapolis, IN 46205

Marion County Prosecutor

Carl Brizzi,

Lisa Borges, Linda Majors,

Stacy Hawk,

Myron Hockman

251 East Ohio Street,

Suite 160

Indianapolis, IN 46204

Pursuant to:

Troxel v. Granville where ALL parents are presumed fit, competent and lack no defect.

Koshko v. Haining it is unconstitutional for a judge to usurp "parental discretion" absent the requisite proof of parental unfitness

Deprivation of Rights under the Color of Law

Violation of Civil Rights under 42 U.S.C.*1983

State law cannot provide immunity from suit for Federal Civil Rights violations. State law providing immunity from suit for child abuse investigators has no application to suits under *1983. Wallis v. Spencer, (9^th Cir. 1999)

Social workers and all other governmental employees may be sued for deprivation of civil rights under 42 U.S.C. *1983, if they are named in their official and individual capacity. Hafer v. Melo, (S.Ct.1991), as DCS used malicious intentions and all other governmental officials’ who either refused or failed to respond to the multitude of reported violations of DCS.

Social workers are not immune for coercing or seizing a child from the parent without a warrant. Calabretta v. Floyd (9^th Cir. 1999)

Persons may not be seized without a court order or being placed under arrest.

Children may not be removed from their home or seized from their parent by social workers/DCS, without notice and a hearing unless the officials have a reasonable belief that the child is in ‘imminent danger’, defined as loss of life or limb.

Immunity is defeated if the official took the complained of action with malicious intention to cause a deprivation of rights, or the official violated clearly established statutory or constitutional rights of which a reasonable person would have known. McCord v. Maggio, (5^th Cir. 1991)

Plaintiffs Request for Restitution

The Staton Family now respectfully come before the United States District court, Southern District of Indiana, to pray for restitution of all financial losses, including all required legal expenses, and putative damages of the foregoing actions that have been willfully and wantonly undertaken by DCS, all their affiliates, and all other involved governmental agencies who were notified of such malicious actions, but failed to act to prevent further collective injuries and damages including financial, emotional, physical, and wrongful defamation of the mother of the child, seizure and removal of the child from the mother’ right to make decisions regarding her child without just cause, without consent, without warrant, without probable cause, & without exigent circumstances, and allowing the continuation of the state’ false documentation of statements, committing perjury and falsification of court documents, done so with maliciousness by governmental agencies. Naming the state of Indiana and the above named agencies, and individuals in their capacity as employee and /or agents of the above named governmental agencies as defendants, (BS)Brianna Nicole (Staton) Reynolds, b/f Sarah Renee Staton, (SS)Sarah Renee Staton, (RS)Rita Kay Staton, and (SRS)Stephen Randall Staton, individually and collectively, seek damages in the amount of $300,000 for each persons individually, totaling One million Two hundred Thousand dollars as maximum under I.C 34-13-3-4 with additional order for restitution of putative damages as this court deems fair, for the tortuous actions and disregard of all given rights of US citizens, which has caused severe and irreversible emotional trauma, emotional distress, financial legal cost burdens, and defamation of character, slander, and libel, against each member of the Staton Family. It is also requested that the false and bogus documentation and court proceedings fabricated by DCS and their affiliates, be ordered to have all records pertaining within this filed lawsuit to be expunged, shredded, or disposed of as mandated by law. This filing of suit is to recover the enormous losses the Staton’s have suffered related to the willful and malicious actions of DCS’ coercion, threats, and denial of civil & constitutional rights afforded to all US citizens, as Cynthia Blue, DCS worker, willingly and maliciously used coercion for SS to be walked out of the hospital & never see her baby again, forced SS to sign a CHINS and legal document for Methodist Hospital, “Waiver for Second Opinion”. Though SS made many pleads to speak to her parents, asked for legal assistance, and asked for her own pediatrician, Cynthia Blue, took actions with malicious intention to cause a deprivation of rights, and violated established statutory and constitutional rights of which a reasonable person would have known. McCord v. Maggio, (5^th Cir. 1991). As well, as the blatant bogus falsification of court documentation, seizing a child without probable cause or valid evidence, and violation of Civil and Constitutional Rights, Cynthia Blue again violated with great intent to cause harm. Not only did she seize BS from SS by false hearsay, but she failed to have a probable cause or court order to justify her actions. No notification or investigation was performed as Cynthia Blue failed to provide factual evidence that BS was in imminent danger. Or the fact the BS had been in the care of the ‘alleged father’ for over 24 hours before seen by any medical professional. Therefore, Cynthia Blue many not simply claim or assert the defense of qualified immunity based on good faith, since a reasonably competent public official should know the law governing his or her conduct. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). Every governmental agency and other affiliates noted above had been given documentation of the crimes committed against both civil and constitutional rights of both BS and SS, and the slanderous and libelous use of RS, while ignoring the cries for help against the vicious attacks of DCS to withhold BS from SS without any probable cause. Therefore, since all agencies can be proven to have been notified and plead with for help of such horrific criminal actions of a state worker, but yet failed to perform their own duties regarding the complaints, any and all state employees who allowed and failed to act after being given the information that a child was being withheld from her family, become by proxy, negligent, as the child seized without justice cause is an infringement on the family’ liberty of familial association. K.H. through Murphy v. Morgan (7^th Cir. 1990). None of the above named defendants can claim immunity for such aggravated and malicious actions that have occurred, as they are not entitled to absolute immunity for pleadings filed to obtain an order and assisting in the use of information known to be false to further an investigation, or the use of deception to judicial officers to obtain a custody order or deliberately or recklessly incorporate known falsehoods into their reports. The use of information known to be false is not reasonable, and acts of deliberate falsity or reckless disregard of the truth are not entitled to qualified immunity. Snell v. Tunnel, (10 Cir. 1990). All governmental agencies were notified in writing of the unlawful actions to no avail.

Violations committed by DCS employees for: Incident Dates: 12/05/04 – 12/09/04

Cynthia Blue, DCS worker, violated SS rights to have her own doctor, used coercion and threats to sign a CHINS and legal document for Methodist Hospital for ‘Waiver of Second Opinion”, violated SS HIPPA rights, violated SS right to speak to a judge, willing seized SS infant, BS, for continued administration of medications without honoring the request for SS own doctor, and failure to obtain a warrant or probable cause, as there were no emergency or exigent circumstances valid. Cynthia Blue, willing violated the civil rights of the 4^th, 6^th and 14 Amendment rights and fabricated false charges without evidence, as described below. Social workers are not immune for coercing or seizing children from the parent without a warrant. Calabretta v. Floyd (9^th Cir. 1999).
Civil Rights violation under *1983 and conspiracy against rights covered under *1985 as Cynthia Blue and Andrea Goodwin, DCS documented they had founded substantiation that SS refused medical care of BS, of which is unfounded and not true. All medical lab reports revealed there was no such cause for the administration of a highly toxic medication to be administered to the 5 day old infant, BS. Statutory violations of IC 35-45-3-4 (Inference with custody of minor child),
Cynthia Blue and Methodist Hospital , Beth Barron, MD, together violated HIPPA, as Beth Barron, MD, and other Methodist Hospital staff willingly allowed Cynthia Blue access to BS records without SS permission, and SS was threatened by Cynthia Blue to never see her child again if she refused to sign forced upon documents, or told anyone what was happening. Amendment rights 1st 4^th, and 5^th, 6^th, 14^th, were violated, and information regarding BS was given out to others without signed consent by SS, violating the patient’ right to privacy, HIPPA.
Cynthia Blue forced maternal grandparents, RS & SRS, from the hospital with threats to remain quiet or never see the child again. SS rights were violated to have needed family support during the hospitalization of her first newborn, as Parent interest is of “the highest order”, ‘the vital importance of curing overzealous suspicion and intervention of the part of health care professionals and

government officials. Thomason v. Scan Volunteer Services, Inc. (8^th Cir. 1996)

Cynthia Blue did not obtain a probable cause or court order, nor did she allow SS the right for due process. Removing SS’ rights to have the request honored for BS to be treated at a different hospital and personal doctor, and placing BS under state custody by use of coercion, threats, and force, the seizure of BS was unconstitutional and all documentation regarding the placement of BS under state custody were knowingly false information and violated SS’ 4th Amendment rights. Since BS was clearly not in immediate jeopardy and the intrusion of Cynthia Blue’ actions were not necessary, as the absence of exigent circumstances does not allow her actions to be seen as immune from her willingness to violate the rights of SS, as there were no valid evidence to support probable cause. (Hurlman V. Rice, 2^nd Cir. 1991). At no time did Cynthia Blue listen as SS commented many times regarding her request for her own doctor, as Cynthia Blue only took the word and hearsay of hearsay of hospital staff and (fired) doctor that medical treatment was being denied for BS. Cynthia Blue willingly and knowingly violated the civil and constitutional rights of SS, which such actions caused great emotional distress, noted as intentional infliction of emotional distress.

Narrative of events for: Incident Dates: 12/05/2004 – 12/09/2004

On December 2, 2004, SS was discharged from Methodist Hospital with BS, her precious baby daughter. When Sarah’ parents came to bring SS and BS home, SS’ mother noticed BS was symptomatic of dehydration due to the decrease of urine output, lethargic, lips very dry, not breast feeding as she should, and her bilirubin was above 13. (Mother, RS, by profession is a BSN, Registered Nurse, who worked on a Pediatric Unit for four years). The discharging nurse was requested to inform the physician of BS’ appearance of poor hydration, low urine output, drowsiness, and not nursing well, but the nurse on duty didn't think anything was wrong, and ignored the request. BS was sent home with a bili-blanket and orders to return to the clinic the following day, 12/3/05, in order to obtain a blood test to follow up with the bilirubin value. SS was total custodial parent of BS, as the man, who later, forcibly claimed to be the father, refused to have his name placed on the birth certification at the time of BS’ birth. Therefore, at this given time, the infant was with one parent, that being SS, the mother.

On December 3, 2004, as ordered, SS was scheduled to take the baby to the clinic for a blood test for BS to see if her bili had decreased, but it had increased to a dangerous level rising.. Therefore, SS was told to get the baby back to the hospital, SS did so as quickly as possible.

On December 5, 2004, SS called her mom, RS, to ask for help at Methodist Hospital , because she didn't understand why the doctor was giving her baby very toxic medication. SS’ mom & dad went to the hospital at her request. The doctor had phoned into the room, Dr. Beth Barron, and stated that SS had no choice to have a second opinion, and she, the doctor, would not allow her to see another doctor, not even Dr. Porter, Pediatrician, that Sarah knew very well, and trusted. Knowing that patient's have rights to chose a doctor, Dr. Beth Barron was reminded that a patient has the right to chose a doctor, and that Dr. Porter's emergency line had given the order that Dr. Porter would accept BS's care, but must be brought to Wishard Hospital, because, Dr. Porter does not practice at Methodist. **Please, note, SS was NOT refusing treatment for BS nor placing her in danger, she asked to be seen for continued treatment by Dr. Porter, who she trusted very well and was very well aware of his quality of care. This physician can be contacted at his office, Epler Parke 5550 S. East Street , Suite I, and Indianapolis , IN 46227 @ 317-780-4080. Dr. Barron stated that she didn't even know BS had just been born there at Methodist, and just released less than 24 hours prior. When Beth Barron, MD, was asked what her rationale was for giving such toxic medication to the baby, she could not answer. SS’ mom, RS, did not see any signs or symptoms of nothing more than dehydration and jaundice, which is not abnormal for newborns, breast feeding babies. Though not a doctor, and no claim or desire to be one, SS’ mother, RS became concerned as Beth Barron, MD, was ignoring SS’ questions for reasons of what was being given to BS and lack of being able to explain the rationale for the ordered plan of care. Every lab test, every culture was NEGATIVE. This was not alarming, since the BS had no signs and symptoms of anything to warrant the toxic drugs. SS asked several times to have her own doctor take over the care of BS, but was refused. When SS told Dr. Beth Barron she was fired and that SS knew she had rights to choose her own doctor, Beth Barron, MD, requested the social worker, James Gregory, to place a call to DCS, with allegation that SS is refusing medical treatment to BS. The last interaction SS had with Beth Barron, MD, Sarah was lead to believe that Beth Barron, MD, was making preparation of the orders to transfer of BS to Wishard, in order to be placed under the care of Dr. Porter. However, Cynthia Blue stormed into the room, demanded SS to go with her, and as two security men stood by the closed door where she was take, SS asked to go back to her room to get the number to our family attorney, but was told that if she walked out the door of that room, she would never see her baby again, and the two security men would escort her out of the hospital without her baby. SS was then threatened and forced to sign the CHINS paper, and a Methodist Hospital legal document stating that Sarah waivers a second opinion. Cynthia Blue then peeked into the hospital room, pointed at SS’ mom and dad, and told that we are to leave, and if we returned to visit SS or if we told anyone what was going on, we would never see BS again. As SS’ mom picked up the phone to call 911, someone at the nurses’ station also picked up on that room line, to stop the call. SS was refused to talk to the patient advocate as well. This was witnessed by both SRS and RS, parents of SS. Cynthia Blue later stated to SS that she would be able to tell the Judge what was going on at 930 am on Tuesday, December 7, 2004. SS then had to go to the emergency room for increased overwhelming anxiety, vomit, and malaise, secondary to the severity of violation of her civil and constitutional rights.

On December 7, 2004, SS received a phone call from Cynthia Blue that she did not have to go to court, so the social worker at Methodist Hospital had been instructed to bring a release of CHINS to SS for her to sign. Attorney Ted Minch had made calls to the Juvenile Courts, in order to validate a time for SS to be seen in court, however, there were no such filings or notations regarding this issue on the docket, or any such notation of Cynthia Blue’ actions reported on file. There was never a court order given to remove custodial rights from SS or a probable cause granting a court order to deny SS the right for her own doctor to continue medical treatment of BS. Cynthia Blue unlawfully used her position and knew she could not establish probable cause, as parents have the right to choose their own doctor for the treatment of their children. The social worker of Methodist Hospital , Erica Short. LSW, never presented SS papers to sign. The toxic medications continued to be administered as the hospital claimed they could not reach DCS to report the labs and cultures were negative, and therefore the medications could be discontinued.

On December 9, 2004, after being held hostage with BS receiving toxic medication not recommended for any child under the age of 9 months, and at an over dosed rate, for no clinical medical reason, refused of family support, held against SS’ will, denied the right to have her choice of her own doctor, both SS & BS were allowed to come home. The toxic overdosed medications were continued to be given, though it was clearly noted that all labs and culture were negative, but the social workers could not reach DCS to obtain consent to stop the medication. The admission diagnosis documented was, “Dehydration & Jaundice”. The discharging diagnosis documented on December 9, 2004, was “Dehydration & Jaundice”. This diagnosis did not support the use of toxic medications that has been noted to cause high rate of incidents of damage to the liver, kidneys, and heart, and not be administered unless there is no other alternative. This medication was given without cause, forced administration against the right of the parent, SS, to have her own doctor give his professional insight of necessity of the administration of a very toxic and known to cause harm with its’ use. Both of SS’ parents witnessed this deliberate falsehoods of lies, coercion, threats, violation of all rights a person has, and the reckless disregard concerning the welfare of the infant, and horrific malicious treatment given to the mother, SS. Cynthia Blue violated Sarah’ right to a meaningful access to court or prompt hearing regarding her right to procedural due process as the intentional use of claiming SS was refusing medical treatment of BS, rather than taking note of SS’ right to have her own doctor, was fraudulent use of governmental influence and position and SS was denied fundamentally fair procedures before having BS placed under state care for the purpose of Methodist Hospital and Dr. Beth Barron to continue the medical treatment without honoring SS’ request for Dr. Porter. As the above stated, no court order, no court proceedings, and no probable cause hearing, DCS claimed they unjustly substantiated the false claim of refusing medical treatment of BS.

No further inquiries by the courts, DCS, or the hospital were made. However, many complaints regarding the violations of both the hospital and DCS were filed, to no avail.

Incident & Narrative Dates: 4/09/05 – 12/22/05 case 49D09-0504-JC014009

Cynthia Blue, DCS, willingly, knowingly, and maliciously, committed perjury, falsification of court documents, and without notice, handed BS to a man, not known as the father of the child on 4/09/05, then called SS to come to office and told what was done with her baby on 4/10/05, which was 24 hour after the fact, and by using coercion, threats and accusations to never see her baby again if SS refused to sign a CHINS paper, forced SS to sign. Children may not be removed from their home or seized from their parent by social workers/DCS, without notice and a hearing unless the officials have a reasonable belief that the child is in ‘imminent danger’, defined as loss of life or limb. Cynthia Blue, per the medical report of St. Francis Hospital South Campus, had the medical assessment of Dr. Michael Brown in her possession, given to her by the accuser, ‘alleged father’, that the BS was not noted “no evidence of molestation, …. BS was a happy and healthy baby and may return home”. Without performing any required and necessary requisite evaluations to support her ‘fictional’ allegations, Cynthia Blue placed BS into the care of alleged father, who had no legal rights or court validation as the ‘father’, and the same man that SS left with BS, in order to gain safety, as revealed by multiple 911 calls. Cynthia Blue can not claim immunity for coercing or seizing BS from SS, as no warrant was obtained, and there were no evidence of imminent danger of loss of life or limb, and no probable cause. The alleged father asked for Cynthia Blue, hearsay and false allegations stated, no investigation was done, as Cynthia Blue did not leave her desk. SS was accused, tried, and found guilty by Cynthia Blue, without any inquiry but the hearsay statements of a man, who has chronic and acute drug abuse issues, with long history of court documented psychoses of Bi-Polar, Manic-Depression, Poly-substance abuse, and self-mutilation. SS made the decision to ‘Shatter the Silence” and remove herself and her baby from abuse, but the actions of Cynthia Blue, seizing BS and handing BS to the very man who was abusing SS, expresses the actions of Cynthia Blue was done with much disregard of investigating the facts behind the issues of allegations given by the alleged father, and claimed SS guilty without due process. No state worker may interfere in child rearing decisions when a fit parent is available. Cynthia Blue, DCS, on 4/12/05, during a phone conversation with SS, made threats, accusations, and threatened that SS “had no rights, she was not going to get her baby back, and that SS had opened a can of worms to big to fit into her mouth, and not to tell the judge anything regarding the man’ drug use and abuse”. (A recording of this phone conversation was turned over to the Marion County Prosecutor’ Office, Marion County Division Director Dan Carmin & Stephanie Beasley-Fehrman, & Director of Indiana Department of Children Services, James Payne).
Cynthia Blue, DCS, willing, knowingly, and maliciously, falsely reported information to the judge that SS was homeless, BS was molested, and SS was on drugs, while under oath on 4/13/05. In attempt to justify the Petition Alleging A Child in Need of Services, Cynthia Blue, in apparent retribution and retaliation for the ‘no true finding’ of SS, at Methodist Hospital in December 2004, Cynthia Blue testified there was a ‘true’ finding of medical neglect. Furthermore, Cynthia Blue sought to have BS placed in what she alleged was ‘relative’ care, without any judicial evidence of the man she gave BS to, as having any such claim, Cynthia Blue, willing and knowingly, made false statements and documentation of false material with resulted with unconstitutional seizure of BS from SS, which placed Cynthia Blue liable personally for her actions under *1983. Aponte Matos v. Toledo Davilla, (1st Cir. 1998). Moreover, Cynthia Blue wrote slanderous and libelous statements under the name of RS, (plaintiff), and did not obtain or inquire about any documented statements used in Cynthia Blue’ testimony and probable cause statement to the judge. The obvious malicious intent towards SS is clearly evident on the report written by Andrea Goodwin, Cynthia Blue’ supervisor, dated 6/29/05, sent via mail sent to the Staton Family, received on 7/05/05, who documented knowledge that both medical statements revealed the infant was not molested, assessments done 4/09/05 at St. Francis South Campus and 4/11/05 at Center of Hope, Wishard Hospital, that SS was known to not be homeless on 4/12/05, and there were no drug finds regarding SS. Andrea Goodwin continued that the DCS case is closed effect on 4/14/05, but yet the case was “substantiated”. Documentation of Andrea Goodwin, also testified in her report, that it was well known before Cynthia Blue entered into court documents on 4/13/05 to seize & seek a valid probable cause for court order for seizure of BS from SS, that the testimony given to the judge under oath verbally and by Cynthia Blue’s own written probable cause statements, on 4/13/05, she willing, knowingly, and deliberately, lied, committed perjury, and deprived both BS and SS their civil rights with malicious intention to cause harm. Cynthia Blue knew before the first court date on 4/13/05, that the allegations made were unjust, and this was documented by her own supervisor that none of the allegations were founded on 4/12/05. Under the violation of Civil Rights of SS, BS was taken to be seen by physicians without SS’ knowledge or consent, violating Parent interest is of “the highest order”, ‘the vital importance of curing overzealous suspicion and intervention of the part of health care professionals and government officials. Thomason v. Scan Volunteer Services, Inc. (8^th Cir. 1996)
SS attempted to explain Honorable Judge, Jansen, that the man not only made false accusations, but she had to leave the relationship with him, as he was abusive, on drugs, and that she feared he would abuse her infant. Though SS attempted with extreme efforts to express the severe emotional distress of BS under the ‘relative’ care that had traumatized SS many times, the drug use, the criminal activity, and psychosis of Bi-polar, Manic-Depressive, and Poly-substance abuse, SS effort were ignored. Honorable Judge, Jansen, inquired for man to take both a drug & paternity test, but the man refused. Cynthia Blue continued to recommend this man, to have the infant. The court failed to protect the constitutional rights of SS as DCS failed to prove with the requisite proof of parental unfitness in order to substitute SS’ best interest decisions with that of the state and allowed governmental inference of the decision to leave an abusive relationship with the man SS feared would harm herself and her infant, of which was the person who made the false allegations. The court also made itself the hearer and trier of the allegations and unlawfully imposed its will into the judicial process by becoming the driving force of the violations of due process. Honorable Judge, Jansen, as a whole abdicated constitutional duties as the trier and hearer of the false allegations by issuing a court order without evidence that SS was unfit to remain the custodian for SS’ own child, BS. By allowing hearsay without supportive evidence, the court automatically denied SS of due process by issuing the automatic court order by allowing hearsay from DCS to support the order without any evidence, leading to the constitutional and civil right violations of both SS and BS, as the court automatically denied SS due process. As forced separation of parent and child, seriously infringed upon the rights of both, done so by the fraudulence of DCS, which is a violation of constitutional rights. JB v. Washington County (10^th Cir. 1997), much emotional distress was suffered by SS, RS, SRS, BS.
The Staton family attempted to gain access to the open door policy of Governor, Mitch Daniels, on 4/13/05, but he was not available. A phone conversation was obtained with Scott Zarazee. We were able on this date to able to speak face to face with James Payne. James Payne was notified of the perjury, falsification of court documents of his staff, Juvenile Court’ lack of maintaining a high standard of judicial performance with particular emphasis upon conducting litigation with scrupulous fairness and impartiality, Pfizer v. Lord, 456 F.2d 532: cert denied 92S Ct 2411: US Ct App MN, (1972), and failed to have the responsibility to respect and protect persons from violations of federal constitutional rights. Gross v State of Illinois , 312 F 2d 257: (1963).
Andrea Goodwin, DCS, refused medical treatment of the infant, on 4/14/05, when the infant was noted by the Staton family during visitation with BS, at the DCS office, 4150 North Keystone Avenue, to be beaten, under the care of ‘alleged father’/relative care. The Staton family begged to take pictures of the injuries and for BS to be taken to the hospital, but were threatened to stop talking about the beaten body of the BS, or the visitation was over and not permitted again. Andrea Goodwin willing and knowingly violated her own professional obligation as noted in IC 31-33-5 Chapter 5, Duty to report child abuse or neglect, IC 31-33-5-1 Duty to make report Sec. 1. In addition to any other duty to report arising under this article, an individual who has reason to believe that a child is a victim of child abuse or neglect shall make a report as required by this article. (As added by P.L. 1-1997 SEC. 16)The injuries noted were dark green bruising from eye to eye, across the bridge of nose, severe nearly bleeding diaper rash, reddish blue bruising to the inner joint of right pinkie finger, markings of left arm circular pattern, serve scratches throughout the surface of right arm and legs, and extreme concave impression of left occipital skull, with noted reddened areas of scalp. Furthermore, Andrea Goodwin also listened to the recording of Cynthia Blue’ threats and denial of rights for due process, but nothing was done. We attempted to tell Andrea Goodwin what had happened, but she ignored the Staton family concerns. Immediately when the Staton’ returned home, a letter was written and sent via email to James Payne, 4/14/05, Child Abuse Hotline was called, and Dr. Porter was called to report the noted abuse regarding BS’ appearance of severe abuse and Andrea Goodwin’ refusal of medical treatment to be given. The state is obligated to provide adequate medical care, protection, and supervision, Norfleet v Arkansas Dept. of Human Services, 8^th Cir. 1993, and also obligated to investigate such reports of abuse, but Andrea Goodwin refused to do so. (Medical procedures of both an MRI and EEG were completed when BS custody was returned to SS. According to the EEG, there is evidence of injury as a large left hemispheric brain lesion with multiple abnormal eptiform waves was noted. The doctor did not read the MRI). In attempts to gain relief from the criminal actions of DCS, the Staton Family went to the prosecutor’s office, spoke with Stacy Hawk and Linda Majors, again to the State House, spoke to Scott Zarazee, and filed a police report of the fraudulent court actions of perjury and falsification of court documents of Cynthia Blue, and the ignored victimization of SS by the man who made false reports. Calls to DCS were also made to file complaints against Cynthia Blue and Andrea Goodwin for their malicious actions to cause harm and deception. No investigation or given concerns occurred regarding the complaints.
BS was removed from alleged father on 4/15, placed into foster care, but on 4/20/05, Andrea Goodwin, DCS, hand walked the alleged father into court to advocate for him and his parents to have the child. Again, SS, begged for drug toxology screens to be given to the alleged father and his parents, as it was well known of their drug use. The judge asked for a paternity test again, but the man refused, and the dad and family were given the infant.
Several filing were made as urgent need to have an appearance before the judge on 4/20/05, written and submitted by attorney at law, Ted Minch, but the filings were ignored. Refusal for further court continued until 6/15/05, without just cause.
On 4/21/05 a tort claim against DCS and State of Indiana was filed. But later denied with findings of no accountability.
On 4/22/05, the Staton Family of five members sat at a meeting with Dan Carmin, then Marion County Director of DCS, and Stephanie Beasley-Fehrman, who addressed herself as the Regional Case Manager for DCS, at the DCS office, 4150 N. Keystone @ 230 pm. Both DCS employees listened to the recording of Cynthia Blue’ coercion, threats, and refusal to honor SS’ rights, and that SS was never getting her baby back. Dan Carmin stated the “medical report was not available but he was sure that BS was given to her father, though he has no legal claim”. After much expression of what was being done and the violation of all rights of SS and BS, and the fear of abuse to BS by the ‘alleged father’, his drug use, and the condition of BS on 4/14/05, again, nothing was done. Later, noted by Andrea Goodwin’ report, the medical reports were present and fully known on 4/09 & 4/11/05. Also, Stephanie Beasley-Fehrman was found on the Indiana Adoption Web Site as the International and State Adoption Specialist, not the Regional Case Manager, as she claimed. When confronted with her misrepresentation, she denied it via email that she did not know what we were speaking of.
Andrea Goodwin called SS to report that BS was going to be seen at St. Francis Hospital South Campus, to be assessed by a Pediatric Neurologist. Andrea Goodwin refused to give a reason for this specialist to assess BS on 6/13/05, and failed to obtain a signed parental consent by SS. (March 2006, attempts were made to gain access to the medical records, but the doctor’s office denied that BS had ever been seen).
Dan Brumfield, DCS, was given the case and was in attendance of the court proceedings on 6/15/05. Though Dan Brumfield was aware of the violations committed by the other DCS workers, and the false accusations, deceptions, and lack of probable cause for the case to be a case, Dan Brumfield stated that none of the facts will get to the judge until the final hearing. Though Dan Brumfield was very aware of the mental disorder, drug use, self mutilation, and leaving a mental hospital AMA, of the man who was given BS, Dan Brumfield also knew that continued drug screens were positive for cocaine and THC. The mother was accused as a drug user, had a lengthy drug screen of ‘negative’, but BS is removed from her care, yet, the man DCS advocated to have BS was notably and actually a continued drug user. Throughout 6/15/05 – 10/19/05, Dan Brumfield documented in his own report, that he knew of and had toxology results that ‘alleged father’ was high with drugs, yet failed to report this to the judge, though SS made much strides to prevent BS from being with the alleged father alone for fear of harm. This DCS worker is not immune for the results of his official conduct simply because he was enforcing policies or orders. Where a statute authorizes official conduct with is patently violation of fundamental constitutional principles, he who enforces that statute is not entitled to qualified immunity. Grossman v. City of Portland , (9^th Cir. 1994) Dan Brumfield had the responsibility to report such information to the judge, regardless what his superiors or the DCS attorneys said. Several emergency filings were filed on behalf of SS for BS safety and well-being, but ignored.
Both James Payne and Stephanie Beasley-Fehrman wrote a letter the same day, 7/19/05, as James Payne expressed that “he condoned his staff’ actions”. On this same date, Dwana Heiney, Advocate for children, Guardian ad Litem, came to the home of SS, unannounced to have SS sign documents to release information of ?, as the papers were blank. With much enticement, SS continued to refuse to sign as SS had been instructed by her legal representative, to sign nothing unless he had reviewed the documents. Dwana Heiney was fully aware of the attorney on the case for SS, but she ignored this. Dwana Heiney also took great strides to use deception to discredit the Staton family to a fine line of near defamation. Her report was much one sided, much hearsay used, and she attempted to offer biased non-factual insinuations in a very negative manner against the Staton family, using much hearsay from the alleged father, who she was to also evaluate.
Many false reports, fraudulent reports were made against SS between 7/19-8/5/05, when the ‘alleged father became aware that the Staton Family had hired a private investigator for detailed information related to him. The alleged father made it clear that he had a ‘friend deputy’. Many attempts were made by the alleged father to cause harm and get as many criminal court hearings against SS as possible. He was quite successful, many reports against SS were filed and dropped, but failed his goal to get Felony charges against her, in order to, “even the playing field of gaining custody of BS”.
Indiana Attorney General responded that though he has been aware of the issues of CPS for the last 14 years while working at the prosecutor’s office, we should simply “do as we are told, or loose”.
Many officials simply refused to respond to the multiple complaints sent begging for help.
On 10/19/05, Juvenile Court granted SS to have BS returned under her care for trial basis for 60 days, and ordered that BS will then thereafter remain under the custody of SS.
On 10/30/05, the alleged father attacked SS in her own vehicle, captured on 911 tape, recorded by the Marion County Sheriff’s Dept. Also, the police who came to the scene refused to honor the court order, in SS’ possession to pick up BS as requested and granted for a family re-union. This was presented to the prosecutor’ office, but SS was laughed at. Nothing was done. This is just one of many assaults suffered, as several law enforcement officers refused to stop the continued harassment and abuse of the alleged father.
Family Works, Terri Thiet, knew the case and use of funds were bogus & fraudulent, but continued without filing a report.
Domestic Relations Court, Susan Hoppe, documented the same slanderous and libelous statements that were not factual or truthful, and again used the name of RS as if this assessor spoke to RS, as she did not. Much of her assessment was one sided and information again, was hearsay from the alleged father. She too was aware of the constitutional and civil rights being horrifically stomped on, but failed to file a report.
On 11/08/05, a Protective Order was filed against the ‘alleged father, as he was stalking, harassing, witnessed vandalizing the Staton’ property, but it was never served and never given a hearing. Many complaints in writing were submitted but ignored. The petition for the Protective Order was located on the desk on Paternity Court on 12/13/05, as the Staton Family requested for their attorney to locate the filed order. At this time, once located hidden on the desk of Commissioner Allison Gooden, Paternity, the order was being sent to Juvenile Court, but never was seen or heard of again.
Complaints of the criminal intentional activity of DCS and the threat of harm to BS was given in writing to all governmental agencies, from Attorney General Steve Carter, Attorney General Inspector, David Thomas, Governor, Mitch Daniels, Head of DCS, James Payne, the State Police, Marion County Prosecutor’ office, and Marion County Police Dept. to no relief. All agencies stated there was nothing that could be done, though they were given the facts of the violations, except James Payne, who stated, “I condone what my staff has done”.
On 12/22/05, the Juvenile DCS case closed without any explanation, justification, or purpose for the horrific victimization that was forced upon the entire Staton Family, that resulted with great losses and suffering of BS, SS, RS, SRS, as our entire private life was examined and critiqued as if we were criminals.
Conference with Indiana State Police, Michael Snider, regarding the multiple crimes of DCS actions and violations of protection from such deprivation of civil rights by governmental workers, with all black & white evidence of the perjury, falsification of court documents, and ignored coercing and seizing of BS from SS without probable cause. Though Michael Snider stated he would make sure the evidence was investigated, nothing more has be done or said. The same when Lisa Borges, the Chief of Staff, for Marion County Prosecutor’ Office, Carl Brizzi. Who now is a Marion County Judge. She too, was given stacks of fraudulent statements, perjury, falsification of records, and coerced signatures, but she did the same as Michael Snider, never returned a response. Therefore, the actions taken by Cynthia Blue, and all other state workers who did nothing to stop the actions or the jeopardy BS was place into, is considered to be either a refusal or failure to respond to the multitude reported violations allowed to continue by DCS. Every agency with evidence of violations and incompetence that were allowed to continue at the expense of defaming SS, RS, and alienation of BS from SS without cause, is not and should not be held as a simple error, but a willful decision to disregard and allow citizens to be deprived of their civil and constitutional rights, that governmental officials are to uphold to the best of their capacity. All governmental agencies in the state of Indiana either failed or refused.
October 2006, SS had been notified by the Medicaid Office that she could not renew the Medicaid services request for BS, due to BS was reportedly under foster care, and was receiving funds under the foster care system for the last past year. This was reported immediately to the FSSA office, of which response of the information was quite quick regarding the information for foster care was given by Dan Carmin. However, no explanations were given as we questioned the listing and payment of BS under foster care, as to where or who the foster funds where sent, as BS was only under the short term foster care from 4/15/05 – 4/19/05, done so without notification to SS.

With respect of the court’s time, many violations are not listed, but we respectfully request to be given the right to use all evidence of violations listed above and those omitted for now, as well as, to request the right to at any time have a petition for an attorney to assume representation of all plaintiffs within this filing.

We, the Staton family pray for the compensation to the full extent of the law for the willful, wanton, intentional, reckless, tortuous actions taken by all those involved of the warrant-less seizure of a child from her mother without consent, warrant, probable cause, or exigent circumstances.

Respectfully submitted,