Habeas Corpus ad subjiciendum

advertisement
IN THE ___________ COURT OF ______________ COUNTY
STATE OF ______________
_____________________________, Not the strawman
Parent
Minor children under 42-14141
_____________________________,
_____________________________,
Verses
SOCIAL WRECKER, JOE SMITH, JEAN DOE, DICK
WAD, PIRATE MILLER, PLUNDER COP, PEDIFILE
PERP.
Genocide, Kidnappers, Co-conspirators and those who
aided and abetted the kidnapping, genocide and fraud.
]
]
]
Civil Action File No. _____________
CONSTITUTIONAL ISSUES:
LACK OF JURISDICTION,
AMENDMENT V. NO PERSON SHALL
BE HELD TO ANSWER FOR A
CAPITAL, OR OTHERWISE INFAMOUS
CRIME, UNLESS ON A PRESENTMENT
OR INDICTMENT OF A GRAND JURY.
CAUSE OF ACTION “FIGHTING
WORDS” COUNTER CLAIM FOR
OBSTRUCTION OF RIGHTS. STRIKING
AGAINST THE CONSTITUTIONAL
FORM OF GOVERNMENT AND FOR
ENACTING A BILL OF ATTAINDER. I
DEMAMD JUST OMPENSATION.
HABEAS CORPUS AD SUBJICIENDUM IS AN EXTRAORDINARY REMEDY,
ATTACKING THE LEGALITY AS UNCONSTITUTIONAL.
THIS IS A BILL!
There is no presentment or indictment to hold me to answer in this case.
I must be given just compensation for the damages done to me by LAW!
Notice is given, please pay 15 million per Child(ren) kidnapped, Per Macias V. Ihde 1999
ARTICLE 3 - NEGOTIABLE INSTRUMENTS PART 1. GENERAL PROVISIONS AND
DEFINITIONS § 3-101. SHORT TITLE. Notice given and demand stated.
Jurisdiction is of two types:
(1)
Subject matter jurisdiction and jurisdiction over the parties. A court must have
both types of jurisdiction before it has jurisdiction to decide the case.
(2)
In personam, (or personal jurisdiction) is the power of a court to adjudicate the
personal legal rights of parties properly brought before it.
Porter v. Porter (N.D. 1979 ) 274 N.W.2d 235 The practice of an attorney filing an
affidavit on behalf of his client asserting the status of that client is not approved, inasmuch as not
only does the affidavit become hearsay, but it places the attorney in a position of witness thus
compromising his role as advocate.
1. Bring forth the injured party,
2. Bring forth the grand jury indictment,
3. Bring forth the proof of jurisdiction in a juvenile case.
Title 42, U.S.C., Section 14141 Pattern and Practice It is unlawful for any governmental
authority, over juvenile justice or the incarceration of juveniles that deprives persons of rights,
privileges, or immunities secured or protected by the Constitution or laws of the United States.
The best interest of the child is a banking term and not a welfare term. It is a fact that Title IV-D
is being used in the kidnapping of my child(ren). There is no statute of limitations.
TITLE 18 > PART II > CHAPTER 213 > § 3283. Offenses against children
No statute of limitations that would otherwise preclude prosecution for an offense involving the
sexual or physical abuse, or kidnaping, of a child under the age of 18 years shall preclude such
prosecution during the life of the child, or for ten years after the offense, whichever is longer.
MY CHILD(REN) BEING TRANSFERS BY FORCE CHILDREN OF THE GROUP TO
ANOTHER GROUP; IS GENOCIDE.
Birth parents are a group, foster families are the group that is being transferred too.
TITLE 18 > PART I > CHAPTER 50A > § 1091 Genocide
(a) Basic Offense.— Whoever, whether in time of peace or in time of war and with the specific
intent to destroy, in whole or in substantial part, a national, ethnic, racial, or religious group as
such—
(1) kills members of that group;
(2) causes serious bodily injury to members of that group;
(3) causes the permanent impairment of the mental faculties of members of the group through
drugs, torture, or similar techniques;
(4) subjects the group to conditions of life that are intended to cause the physical destruction of
the group in whole or in part;
(5) imposes measures intended to prevent births within the group; or
(6) transfers by force children of the group to another group;
shall be punished as provided in subsection (b).
FAMILY LIFE VIOLATIONS The construction of a constitutional theory which will protect
various aspects of family life under Section 1983 rightly continues to command a good deal of
judicial interest.
The right of a parent to raise his children has long been recognized as a fundamental
constitutional right, “far more precious than property rights.” Stanley v. Illinois, 405 U.S. 645,
651 (1972), quoting May v. Anderson, 345, U.S. 528, 533 (1953); Skinner v. Oklahoma, 316
U.S. 535, 541, (1942); Meyer v Nebraska, 262 U.S. 390, 399 (1923), See, e.q. Castigno v
Wholean, 239 Conn. 336 (1996); In re Alexander V., 223 Conn. 557 (1992). In Re: May V
Anderson (1953) 345 US 528, 533, 73 S. Ct. 840, 843 97 L. Ed. 1221, 1226.
42 U.S.C. § 671 (a) (15) and 672 (a) (1) - " an agency cannot be reimbursed for the cost of a child's
out-of-home care unless the reasonable efforts requirement is met." § 671. State plan for foster care
and adoption assistance
(a) Requisite features of State plan In order for a State to be eligible for payments under this part, it shall
have a plan approved by the Secretary which (1) provides for foster care maintenance payments in accordance with section 672 of this title and for
adoption assistance in accordance with section 673 of this title;
(2) provides that the State agency responsible for administering the program authorized by subpart 1 of
part B of this subchapter shall administer, or supervise the administration of, the program authorized by
this part;
(3) provides that the plan shall be in effect in all political subdivisions of the State, and, if administered by
them, be mandatory upon them;
THE CORRUPT BUSINESS OF CHILD PROTECTIVE SERVICES
http://parentingnewsnetwork.com/?p=681
Public School Officials are NOT immune to the 4th and 5th Amendment no matter how pissed
you are at me. I have been already subject to the false allegations of CPS!
Amendment IV The right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall
issue, but upon probable cause, supported by Oath or affirmation, and particularly
describing the place to be searched, and the persons or things to be seized.
Amendment V. No person shall be held to answer for a capital, or otherwise infamous
crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the
land or naval forces, or in the Militia, when in actual service in time of War or public danger;
nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb,
nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of
life, liberty, or property, without due process of law; nor shall private property be taken for
public use without just compensation.
Social workers (and other government 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).
If the law was clearly established at the time the action occurred, a police officer is not
entitled to 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)
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, (5th
Cir. 1991)
A defendant in a civil rights case is not entitled to any immunity if he or she gave false
information either in support of an application for a search warrant or in presenting evidence to
a prosecutor on which the prosecutor based his or her charge against the plaintiff. Young v.
Biggers, (5th Cir. 1991)
TITLE 18 > PART I > CHAPTER 1 > § 2 Principals
(a) Whoever commits an offense against the United States or aids, abets, counsels, commands,
induces or procures its commission, is punishable as a principal.
(b) Whoever willfully causes an act to be done which if directly performed by him or another
would be an offense against the United States, is punishable as a principal.
Closing statement;
1. There was no abuse.
2. Bring forth the injured party,
3. Bring forth the grand jury indictment,
4. Bring forth the proof of jurisdiction in a juvenile case.
5. Failure to provide reasonable efforts.
Neglect is the failure to provide for a child's basic needs. Neglect may be:
Physical (e.g., failure to provide necessary food or shelter, or lack of appropriate supervision)
Medical (e.g., failure to provide necessary medical or mental health treatment)3
Educational (e.g., failure to educate a child or attend to special education needs)
Emotional (e.g., inattention to a child's emotional needs, failure to provide psychological care, or
permitting the child to use alcohol or other drugs)
Until all the requirements can be met, you have 24 hours to return my child(ren)
_____________________________, Not the strawman
Parent on behalf of my child(ren)
IN THE ___________ COURT OF ______________ COUNTY
STATE OF ______________
_____________________________, Not the strawman
Parent
Minor children under 42-14141
_____________________________,
_____________________________,
]
Verses
]
]
SOCIAL WRECKER, JOE SMITH, JEAN DOE, DICK
WAD, PIRATE MILLER, PLUNDER COP, PEDIFILE
PERP.
Genocide, Kidnappers, Co-conspirators and those who
aided and abetted the kidnapping, genocide and fraud.
Civil Action File No. _____________
CONSTITUTIONAL ISSUES:
LACK OF JURISDICTION,
AMENDMENT V. NO PERSON SHALL
BE HELD TO ANSWER FOR A
CAPITAL, OR OTHERWISE INFAMOUS
CRIME, UNLESS ON A PRESENTMENT
OR INDICTMENT OF A GRAND JURY.
CAUSE OF ACTION “FIGHTING
WORDS” COUNTER CLAIM FOR
OBSTRUCTION OF RIGHTS. STRIKING
AGAINST THE CONSTITUTIONAL
FORM OF GOVERNMENT AND FOR
ENACTING A BILL OF ATTAINDER. I
DEMAMD JUST OMPENSATION.
ORDER
This Court, having considered the Petitioner’s notice to the court, the court hereby returns
the child(ren).
This __________ day of _______________________, 2________.
___________________________
Judge, _______________ County
Download