By L.L. Brasier and John Wisely
An Oakland County family can continue its lawsuit against officials who took the children away and jailed the parents on charges of sexually assaulting their severely autistic daughter, a judge ruled Tuesday.
Julian and Thal Wendrow and their two teenage children are suing Oakland County, the Michigan Department of Human Services and Walled Lake Consolidated Schools in U.S. District Court.
Julian Wendrow was arrested in December 2007 and remained jailed for 80 days. Thal Wendrow was placed on an electronic tether, and their children were sent to foster care for months before prosecutors dropped the case in 2008.
The case against the Wendrows was based solely on statements their mute and autistic daughter, then 14, was said to have made using a widely debunked communication method called facilitated communication. The child's hands were guided by a trained aide using the method, but studies show it's the aide usually doing the typing.
The Wendrows filed suit in 2008. Many of the claims against prosecutors were dismissed because they are protected under governmental immunity.
Last year, the defendants asked that all the claims be dismissed. On Tuesday, Judge John Corbett O'Meara agreed to dismiss the parents' and brother's claims that they were treated unfairly because of their affiliation with the disabled girl. O'Meara concluded only the girl has standing to sue under the Americans with Disabilities Act.
O'Meara let stand a defamation claim against former Oakland County Prosecutor David Gorcyca, who sought the criminal charges and then publicly said after he left office that the Wendrows were guilty even though the case was dropped.
Oakland County Corporation Counsel Judith Cunningham said Tuesday that most of the claims against the county were dismissed. "We are nudging toward victory," she said.
O'Meara scheduled a trial on the remaining claims for June.
Sarah Prescott, an attorney for the Wendrows, said she disagreed with the judge's decision to dismiss the family's disability claims but is happy the girl's claim can be presented to a jury.
"To say that she can go forward against all these defendants is the heart of the case," Prescott said. "The quicker we can get to the courthouse steps, the better."
In his ruling, O'Meara also let stand several claims against the Walled Lake school district, which first reported the allegations, because the facilitated communication occurred at the school where the autistic girl attended classes. According to depositions, school officials knew the communication method was suspect.
Lawyers for the district did not return a message seeking comment on Tuesday's ruling. The Michigan Attorney General's Office, which is defending the state social workers involved, declined to comment.
West Bloomfield and its police department, also named in the suit, settled with the family for $1.8 million in 2011.
O'Meara refused to dismiss a claim against a state worker who is accused of violating the Wendrow children's rights when she took the girl for a gynecological exam that found no evidence of abuse. The worker also drove the couple's 13-year-old son to the police station, where he was interrogated for two hours.
Source http://www.freep.com/article/20120328/NEWS03/203280380/Judge-Oakland-County-family-can-continue-its-lawsuit-over-dismissed-child-abuse-accusations?odyssey=mod%7Cnewswell%7Ctext%7CFRONTPAGE%7Cp
CPS corruption hurts and destroys families worldwide. Please use caution posting about CPS here or anyplace on the internet. For your protection, using your full, real name and precise location is not advised. CPS has eyes everywhere and CPS is notorious for taking what people say, twisting it, embellishing on it and then using it against them in CPS "investigations" and at court proceedings.
I hope and pray they win big especially against CPS!!! But, CPS workers have both absolute and qualified immunities, so, this will be very difficult. Immunity rights must be removed from ALL state workers including judges so that when their lies damage people the people have a way to get justice.
ReplyDeleteThese CPS workers in MI have State Immunity Not Federal. They can sue them in a Federal Court under a civil rights violation.
ReplyDeleteThey are going to cause world war three and need to be closed forever I am a proud father of two and the Nazi system has to many flaws too many false reports OK I know I just received another one! 'LIARS' Who work the system for cash
ReplyDeleteI'm 15 years old. I was born with HIV my mother passed away because of the HIV infection And I regret why i never met Dr Itua he could have cured my mum for me because as a single mother it was very hard for my mother I came across Dr itua healing words online about how he cure different disease in different races diseases like HIV/Aids Herpes,Parkison,Asthma,Copd,Epilepsy,Shingles,Cold Sore,Infertility, Chronic Fatigues Syndrome,Fibromyalgia, Diabetes Hepatitis even Cancer I was so excited but frighten at same time because I haven't come across such thing article online then I contacted Dr Itua on Mail drituaherbalcenter@gmail.com I also chat with him on what's app +2348149277967 he tells me how it works then I tell him I want to proceed I paid him so swiftly Colorado post office I receive my herbal medicine within 4/5 working days he gave me guild lines to follow and here am I living healthy again can imagine how god use men to manifest his works am I writing in all articles online to spread the god work of Dr Itua Herbal Medicine,He's a Great Man.
ReplyDeleteshove it, dude
DeleteHerbal Supplement for Melasma is very effective for patchy brown discoloration of the skin. Herbal Supplement curing the skin problem and skin patches.
ReplyDelete