JUSTIN A. SNEGIREV
Pro Se Litigant
945 N.W. Naito Parkway #130
Portland, Oregon 97209
Phone: (503) 517-3914
Email: snegirevj@yahool.com
UNITED STATES DISTRICT COURT
FOR THE
NINTH DISTRICT OF OREGON
PORTLAND DIVISION
JUSTIN A. SNEGIREV, )
) Case No.3:10-cv-00762-AC
Plaintiff, )
)
V. ) SECOND AMENDED COMPLAINT
) AND JURY DEMANDED
ROBERTS MARK, SNEGIREV AGAFIA, )
AL BUSHEY, individually and in his Official )
Capacity, MARION COUNTY CHILD )
WELFARE DIVISION, Marion County )
And the State of Oregon (BOARD OF )
COUNTY COMMISSIONERS), OREGON )
DEPARTMENT OF HUMAN SERVICES )
And, the STATE of OREGON )
)
Defendant(s), )
INTRODUCTION
Comes Now, Plaintiff Justin A. Snegirev in the United States District Court for the Ninth District, Portland Division, Hereby files his Second Amend Complaint alleging Action under 42 U.S.C. §1983 as well as claims under Oregon Tort Law, Common Law for Abuse, Negligence, Inferring deliberate unconcern for the plaintiffs welfare out of omissions showing deliberate indifference that have shown patterns of violating clearly established duties imposed for the purposes of safeguarding plaintiff from abuse. (Keep in mind that in the United States Supreme Court held that Pro Se Pleadings should be liberally construed), see Haines v. Kerner, 404 U.S.519 (1972)
- STATUTE OF LIMITATIONS O.R.S. §12.110 IS THE APPLICABLE STATUTE FOR §1983 CASES.
Plaintiff brings this Action alleging action would have been commenced within the tolling provisions of O.R.S.12.117 for minority if Al Bushey had not made Fraud, False or Misleading Statements on Record. In Fact Plaintiff can provide evidence that Defendant withheld from his reports on multiple accounts, the plaintiffs alleged abuse. In doing so Al Bushey was showing Deliberate unconcern to plaintiffs welfare and violated clearly established duties imposed for the purposes of safeguarding plaintiffs from abuse.O.R.S.12.110 Provides in part "***if there has been no action commenced within five years because of fraud, deceit or misleading representation, then within two years from the date such fraud, deceit or misleading representation is discovered or in the exercise of reasonable care should have been discovered."
- DEFENDANTS ARE NOT ENTITLED TO QUALIFIED IMMUNITY
Ninth Circuit Court of Appeals, Miller v. Grammie (9th Cir. 2002) 335 F.3d 889 holds "Social Workers are entitled for absolute immunity only for "quasi-prosecutorial" decision to institute dependency proceedings. Beyond that, the burden is on a social worker defendant to show that other functions he or she performed are similar to conduct accorded absolute prosecutorial immunity at common law."
Thus Plaintiffs complaint meets the Harlow Standard alleging (1) Defendants violated clearly established constitutional rights by use of excessive force, deliberate retaliation for exercise of federally protected rights and concealing plaintiffs allegations of abuse(2) a reasonable person would have known that failing to report plaintiffs allegations of abuse, joining a conspiracy which infringes on plaintiffs federally protected rights and allowing plaintiff to be forced to take medication as a form Intimidation and excessive force with life threatening consequences, would infringe on Plaintiffs Constitutional rights. HARLOW v. FITZGERALD, 457 U.S. 800,818,102 S. Ct 2727(1982)
- THIS COURT HAS JURISDICTION
District Court shall have original Jurisdiction for all claims in this matter and for Federal Question Pursuant 28 U.S.C. 1331; 28 U.S.C. 1343.
FACTS
At all times Plaintiff is a former foster child who in April of 1998 was involuntarily placed in the home of Mark Roberts and Agafia Snegirev who are a Married Couple and may be served consecutively. Service of process may be held at PO box 224 Woodburn Oregon 97071. Defendants, Marion County Child Welfare Division is an agency duly formed and existing under the laws of the state of Oregon, for the County of Marion and service of process may be held by serving the Board of County Commissioners, at PO Box 14500 Salem, Oregon, 97309. Al Bushey individually was Plaintiff's Social Worker who at all times was a state actor, acting under color of law within the scope of O.R.S. 30.260 to 300 and is a "person" for the purposes of 42.U.S.C. 1983. Al Bushey was a Social Worker for Defendant Oregon Department of human Services Marion County Division and the State of Oregon. Oregon Department of Human Services Marion County Division is an agency duly formed and existing under the laws of the state of Oregon. Al Bushey Oregon Department of Human Services and the State of Oregon may be served with process by Serving the Assistant Attorney General of Oregon, Justin Kidd at 1162 Court Street NE Salem, Oregon 97301-4096.
Plaintiff was involuntarily taken into custody by Al Bushey and Marion County Child Welfare Division of Oregon Department of Human Services and the State of Oregon. Plaintiff was placed in the Home of Mark Roberts and Agafia Snegirev on April 13, 1998. Plaintiff was abused physically and emotionally by Mark Roberts. Mark Roberts would often carry plaintiff by the arm leaving bruises, punch him in the scrotum, shove him into walls and pick him up by the throat and throw him. Plaintiff and his brothers Dennis Snegirev and Daniel Snegirev continuously reported the abuse to Agafia Snegirev and Al Bushey. As a result of their efforts to report the abuse, Daniel Snegirev was placed in a different foster home and it was falsely stated that he was trying to parent the plaintiff and Dennis Snegirev when he was trying to protect them from the abuse. Al Bushey, Instead of conferring with the appropriate authorities to cause an investigation, Plaintiff and Dennis Snegirev remained under the care of Mark Roberts and Agafia Snegirev where the abuse continued.
Within the first four Months of Placement with Mark Roberts and Agafia Snegirev, Plaintiff was prescribed Ritalin Prozac and Guanfacine which was noted to aggravate his behavior. Plaintiff, approximately 5 months later received his initial Psychological Evaluation where it was noted that there is concern about Mark Roberts and Agafia Snegirev's output on Plaintiff. "Ms. Snegirev for example, seems to have a much more negative view of the child than Mr. Roberts." This would reflect in support of Plaintiffs abuse allegations because Ms. Snegirev would have been protective of Mark Roberts, her husband, and Mark Roberts was the abuser and would naturally try to hide his aggressiveness toward the plaintiff.
Plaintiff continuously asked Defendants Mark Roberts Agafia Snegirev and Al Bushey what his rights were to refuse the medication. Defendants in return would falsely tell the Plaintiff that he did not have any because he was a child and the medication was to fix a chemical imbalance in his brain. When plaintiff would try to refuse the medications, Defendants Mark Roberts Agafia Snegirev and Al Bushey would threaten him with disciplinary action such as being grounded to his room or that he would be placed in a mental institution and where they would inject the medication with needles. When plaintiff continued to refuse the medications, Agafia Snegirev would force the medication in his mouth using pressure points on his face and putting her hand in his mouth.
Defendant Mark Roberts, Agafia Snegirev and Al Bushey would tell others in the community that Plaintiff was a lire and that he thought the world was after him because he had a chemical imbalance making it possible for the Defendants to use plaintiff's psychological diagnosis in order to manipulate and hide the fact that plaintiff was being abused and simply expressing symptoms of abuse inflicted by Mark Roberts and Agafia Snegirev
As a result of the abuse and forced medication, Plaintiff experienced side effects of increased aggression, psychotic episodes, neurosis, Ideation, irritability, impulsivity, agitation, mood swings, confusion, withdrawals, nervousness, anxiety, headache, sensory disturbances, nausea, dizziness, and eventually began to have nightmares and go into psychosis.
In September of 1999, at the request of the Defendants Plaintiff was withdrawn from Mainstream Classes and began to be placed in special education classes for the next 6 years. Plaintiff did not receive an appropriate education because of his expressed symptoms of abuse, side-effects of the medications and placement in special education classes.
One night while plaintiff was asleep in bed, he was awaken by Mark Roberts standing over him in his underwear urinating in him.
On April 1, 2002 Plaintiff was separated from his brother Dennis Snegirev and in the home of Mark Robert's daughter Andrea Blake. During the last couple weeks of April 2002, Plaintiff was in multiple altercations with Andrea Blake. Plaintiff told her about the abuse that took place in Mark Roberts and Agafia Snegirev's home and that he did not want to take the medications or be in special education classes anymore.
During the last week of April plaintiff was arrested from school for his expressed symptoms of abuse and side-effects of his medication including but not limited to aggression, psychotic episodes, irritability, impulsivity, and confusion. Plaintiff reported his allegation of abuse to the arresting Woodburn Police Officer as they took him to Al Bushey's office. Plaintiff was then taken to Mark Robert's house because Andrea Blake was at work. Plaintiff stated that he did not want to go to Mr. Roberts and Mrs. Snegirev's house, but he was taken there anyway. Plaintiff then ran away from their house and returned to Andrea Blake home later that night. The next day Plaintiff got into another altercation with Andrea Blake the next day regarding the incident which took place at school and the alleged abuse. Later that evening plaintiff ran away to the park. A teacher from plaintiff's school, (French Prairie Middle School) found the plaintiff at the park where the plaintiff then told him about the alleged abuse. The teacher then took the plaintiff to Betty Komp's house, Plaintiff's school principal at the time. Plaintiff told Betty Komp about the alleged abuse. After a while a Woodburn Police Officer showed up and Plaintiff told him about the abuse as he took the plaintiff back the Andrea Blake's home.
Plaintiff on May 6, 2002 was moved to Terry and Betty Fannelle's home in Salem Oregon.
Terry and Betty had a violent Black Labrador Retriever. Plaintiff was forced to stay by the side of the road for two days for refusing to release the whereabouts of a flashlight that plaintiff had at night during bed time. Plaintiff was only allowed in the house after approximately 11:00PM to sleep and had to go back to the street early the next morning. Plaintiff was refused access to clothing shoes water and food. Plaintiff had tried to go on the property to get a drink from a water hose and Terry and Betty seen him and carried him back out to the street. On the second day, Plaintiff started to play dead on the side of the road to get cars to stop. Eventually the Salem Fire Department came and plaintiff reported to them that he was being forced to stay on the side of the road and they just left him here. Later that evening, a Police Officer with Salem Police Department who plaintiff also reported the abuse to came and took plaintiff away Plaintiff was only in the Fannelle's home for a week.
On May 13, 2002, Plaintiff was placed in the home of Danny and Lorene Hoover. Plaintiff's "anti-authoritive " symptoms were no longer an issue since he was no longer in an abusive home, However, The side-effects of the medications continued to exist and he was still fraudulently told that he had a chemical imbalance. Plaintiff began to experience chronic chest pains for the next three years. There were times when in school he would get dizzy and nauseous and forget where his classes were. By this time Plaintiff worked his way back into half day mainstream classes and remained in special educational classes the other half of the day. Plaintiff was still not receiving a proper education because the medications make him sleep through his classes.
Plaintiff had been forced to take different medications such as Paxil, Wellbutrin, Trazadone, Clonidine, and Adderal and continued experience side-effects affecting his mental state. Plaintiff witnessed his foster sister Jackie Cook who was also on medications suffer from chronic stomach pains and stomach bleeding. His foster brothers would save their medications and sell them at school.
Plaintiff began to isolate himself for long hours. He would ask himself and his foster parents how it is that a pill can simply make somebody say "yes" when they wanted to say "no" When plaintiff was 14 he began to spend his free time at school on the computer. He would search for applicable rules and laws regarding medication administration and his rights. Despite his efforts, he was unsuccessful due to his incompetency from the side-effects of the medication and lack of education.
Due to DHS certification issues, Plaintiff was removed from Danny and Lorene's home in January of 2005. Plaintiff then placed with Edger and Joyce Oliver. Plaintiff literally cried for the first two days straight. He tried to run away twice. The first time was because his caseworker told him that he would never see Danny and Lorene Hoover again. However Plaintiff had nowhere to go so he returned to Edger and Joyce Oliver's home. The Second time he tried to run away was because he had planned to meet his mother who had recently gotten permission to visit plaintiff again. Eventually Danny and Lorene Hoover received visitation rights again. They continued to force him to take medication. In the summer of 2005 plaintiff worked for Edger and Joyce Oliver and their catering company. Plaintiff would work 12 hours a day and sometimes 7 days a week and had to miss visits with his prior foster parents Danny and Lorene Hoover.
Plaintiff spent most of his time working large industrial fryer's and cutting curly fries. After a while Plaintiff was not getting paid for all of his hours or sometimes he did not get paid at all. Plaintiff told Edger and Joyce that if they did not want to pay him for his full hours then he wanted them to be flexible around his visits with Danny and Lorene Hoover. Edger and Joyce refused plaintiffs request and were in an altercation about it while they were working at a fair and they forced him to sit in a chair during the remainder of the working days. Plaintiff's foster brother was under investigation so Edger and Joyce made him come to work with us as well and made him work. The Two Employees along with one of their son who Edger and Joyce Oliver had hired through the unemployment office had witnessed all the abuse that had been taking place and told Plaintiff and his foster brother that they can run away to their house and they would report the abuse. When Edger and Joyce denied his request the he quit and was grounded for quitting. The next day Edger and Joyce said they were going to refuse to allow him to visit Danny and Lorene so the plaintiff ran away with his foster brother the next day to the two Employees house who had worked with Plaintiff. The two employees had reported the abuse over a payphone. Shortly after reporting the abuse to DHS, the employees gave plaintiff a ride to his mother's house in Springfield Oregon.
Due to Defendant omissions of Fraud, False assurances of security, and excessive force, they were the direct cause of plaintiff's insanity and anti authoritive behaviors after he ran away. Plaintiff was tortured by representatives of Marion County Child Welfare Division DHS and the State of Oregon Acting under color of law and his thought process had been altered to the point that he suffered severe psychotic episodes, mania, oppositional behaviors, hostility, suicidal ideation and self harm. Plaintiff was no longer taking medications and was suffering from severe withdrawals.
In October of 2005, after couch surfing through Salem and Springfield Oregon, Plaintiff found himself at his brother, Daniel Snegirev's home in Longview Washington. Daniel was 19 years old and had been living in a two bedroom apartment living on public assistance in the form of food stamps, TANF, and Health Care. He had a girlfriend and a daughter who also lived with him. Both were regular Marijuana users.
On October 31, 2005, Plaintiff and Daniel Snegirev met with Desta Walsh, a caseworker with DHS to discuss Daniel as a placement option. Plaintiff then told Desta Walsh about the abuse which took place while he was in foster care. Plaintiff also told the judge about the abuse including the circumstances why plaintiff ran away from foster care. The hearing was held through a conference call at the custody hearing held on November 10, 2005. The judge had no sympathy to show for the abuse as well as any other representatives who attended the hearing.
Plaintiff was adamant that if DHS attempted to take him back to foster care, he would continue to try to run away. Because of Plaintiffs symptoms of abuse, he was clearly too incompetent to make a good judgment whether or not he should be placed with his brother and was too frightened to go back into foster care.
Custody of Plaintiff was relieved from DHS and Granted to Daniel on November 10 2005, with a recommendation from DHS and an order that Plaintiffs Wardship continue. Due to plaintiff's symptoms and high needs for support, he was too much of a burden on Daniel and his girlfriend that his girlfriend left him. In the summer of 2006, Plaintiff and Daniel them moved to Springfield Oregon where they Stayed with their mother Betty Snegirev and slept in her living room. Daniel began to abuse Meth infedamines and Plaintiff began to attempt to hide his emotions by abusing Alcohol. On October 18 2006, it was ordered that custody be given to Daniel and wardship continue. Daniel Began to expose Plaintiff to gun related activities and drug influenced environments.
Plaintiff began to have psychotic episodes toward Daneil for his drug use. Deneil and Plaintiff eventually moved into their own apartment. Plaintiff was finishing the school term off at Thurston High School. He began to realize his full potential to socialize and his sensory functions began to return however he still had his anti authorative behaviors caused by the side effects of the drugs. The summer of 2006 Plaintiff worked for Motel 6
Because of Daniels Drug use and increased association with violence and gang related activities. Plaintiff and his older Brother were in multiple physical altercations Early August they were in a physical altercation about Daniels Drug use and Plaintiff put Daniel in the hospital for slamming his elbow down on Daniels back making him physically disabled to work his preferred profession, shortly after Daniel was fired from his job. Early September they were in another altercation related to Daniels Drug use. Plaintiff slammed phone over Daniels head and kicked a whole in his front door.
In approximately October of 2006, Plaintiff went to live with his sister, Glorene Snegirev in Mt. Angle Oregon. Oregon DHS released Plaintiff into the custody of Glorene Snegirev. On February 15, 2007 Plaintiffs wardship was terminated. Her husband had held a gun to her head and threatened her that if she tried to leave him that he would kill her. Her husband, Jeff Bell was extremely violent and Plaintiff had to call the Police on him before. Plaintiff ran away from Glorene Snegirev's home because of Domestic violence with her husband. Plaintiff went straight to the police station to call his attorney.
Plaintiff found his way back to Springfield Oregon and began surfing from couch to couch and sometimes lived in a tent. He tried to get services with Independent Living program to help him through school but they told him that they didn't exist. Plaintiff began to Abuse alcohol and Pills. He attempted suicide on multiple accounts taking bottles of pills at a time and cut his wrist open scaring him for the rest of his life. He began to sleep in alley ways and stole out of cars in order to get money for alcohol. Plaintiff would wake up in the hospital every month and sometime weekly not knowing how he got there; other times he would wake up in jail on suicide watch. In June of 2008 Plaintiff was arrested for braking into cars. Plaintiffs Court Appointed Attorney got him out and had threatened to ILP after they refused him once, to give him information on how Plaintiff can receive services.
Plaintiff eventually moved to Portland Oregon and enrolled into Heald College having been connected with Independent Living Program, living in a homeless shelter ran through Janis Youth Programs. This is when he began to research his case. In April of 2009 Plaintiff moved into New Avenues Transitional Housing Program where he continued with his case and became a member of the Oregon Foster Youth Connection.
CLAIM-1 MARK ROBERTS AND AGAFIA SNEGIREV ARE LIBLE UNDER 42.U.S.C. 1983; O.R.S. 12.110 AND O.R.S. 12.117 FOR CHILD ABUSE
Through the entire Time from April 1983 to April 1, 2002, Plaintiff had been abused by Mark Roberts and Agafia Snegirev as defined under O.R.S. 12.117 for child abuse. Defendant Mark Roberts would leave bruises on the plaintiff's arms, punch him in the scrotum, push him into walls and pick him up by the throat and throw him. Defendant also urinated on the plaintiff. Agafia Snegirev Knowingly permitted the abuse by not protecting the plaintiff and is also liable. Both defendants may also be liable under O.R.S. 12.110, 14 C.J.S. 47, and 14A C.J.S. Civil Rights 325.
CLAIM-2 AL BUSHEY AND MARION COUNTY CHILD WELFARE DIVISION ARE LIABLE UNDER 42 U.S.C. 1983 18 U.S.C. 241 AND 42 U.S.C. 1985 FOR CONSPIRING TO INTERFEREWITH PLAINTIFF FEDERALY PROTECTED RIGHTS, VIOLATION OF PLAINTIFF'S FOURTEENTH AMENDMENT DUE PROCESS RIGHTS AND FEDERAL TORT CLAIMS FOR MISREPRESENTATION AND NONDISCLOSURE AS WELL AS NONACTIONAND CONTRACT: RESCUE AND PROTECTION
- Plaintiff and his older brothers repeatedly reported the alleged abuse to Al Bushey when he had a special relationship pursuant O.R.S. 109.119 and had an affirmative duty as an employee of Marion County Child Welfare Division to confer with the appropriate authorities and cause an investigation pursuant O.R.S. 419b.020.
Instead of causing an investigation Defendants violated plaintiff's Fourteenth Amendment Constitutional Due Process by involuntarily committed Plaintiff to take Psychotropic medications and leaving plaintiff and his brother Dennis Snegirev in the same home where the abuse continued and Plaintiff was urinated on by Mark Roberts. The oldest brother Daniel Snegirev was moved to a different home for trying to protect the plaintiff and report the abuse.
Plaintiff was involuntarily committed to take Ritalin within the first four months of placement with Mark Roberts and Agafia Snegirev without a psychological evaluation again violating plaintiff's fourteenth amendment due process rights. It was noted that the Ritalin aggravated plaintiffs behavior (see Exhibit: A) and plaintiff was removed from Ritalin and placed on Prozac and Guanfacine. Plaintiff did not receive his initial psychological evaluation until at least 5 months of being forced to take psychotropic medications.
One Court held that "a child involuntarily placed in a foster home is in a situation so analogous to a prisoner in a penal institution and a child confined in a mental health facility that the foster child… may bring a section 1983 action for violation of Fourteenth Amendment rights." Taylor, 818 F.2d at 797.
Defendants began to Conspire and commit fraud with other's in the community that Plaintiff had a chemical imbalance that make him think the world was after him. Defendants Mark Roberts and Agafia Snegirev told Plaintiff almost day after day that he thought the world was after him.
Treatment with antipsychotic medication should not be ordered unless: (1) The patient is incompetent to effectively participate in the treatment decision; (2) such treatment is necessary to prevent long-term deterioration in the patient's mental condition; (3) a less intrusive treatment is not available; and (4) the patient's need for such treatment overrides any legitimate interest of the patient in refusing treatment. In any event, and the order for involuntary medication cannot exceed six months without further extension. People v. Medina, 705 P.2d 961 (Colo. 1985).
- Plaintiff requests the court take notice of exhibits Attached hereafter where false statements are present whereas allegations of abuse and "clearly" established duties should have been present. Each of which provide a sequence of patterns showing where Al Bushey persistently violated a statutory duties to inquire such conditions and be responsible for arising from his special relation with the plaintiff. See O.R.S. § 109.119 all of which were substantial factors that led to a denial of plaintiffs liberty interest and would in the discovery of show2ing deliberate indifference and intent for failure to report.
Exhibit: C
Plaintiff's older brother Daniel Snegirev was separated from plaintiff and their other brother Dennis Snegirev. It was stated that on June, 3, 1989 that Daniel Snegirev was separated because he would try to parent his younger brothers. This statement is false and misleading. In fact, Daniel was trying to protect the plaintiff from the alleged abuse.
Exhibit:D
Clearly foreseeable
substantial factors which took place in the last week of April 2002 were withheld from record where a clearly established duty to cause an investigation would have been foreseeable if they had not been withheld from record. Plaintiffs argument with his cousin was concerning the abuse alleged toward Mark Roberts and that which being the result of plaintiffs damages of improper medication management, false diagnosis, and being placed in special education classes for his inability to function properly in a normal classroom setting because of his expressed symptoms of Abuse, and Neglect. Also take notice that plaintiff had ceased to have his usual "Anti-Authorative Problems" after being removed from the alleged abusive home beginning to shut down easily as symptoms of abuse as further displayed in Narrative Exhibits hereafter. Further records of medication management are missing.
When Plaintiff ran away from his cousin's house he was found in a park by a teacher from French Prairie Middle School where Plaintiff had been attending who plaintiff told about the alleged abuse. The Teacher then took plaintiff to Betty Comp's House the Principle of French Prairie; recently held office of House of Representative. Plaintiff told his Principal about the abuse alleged toward Mark Roberts. Shortly after, a Police officer with Woodburn police department came to take the plaintiff back to his cousins house, and the plaintiff tried to resist, telling the officer about the alleged abuse but the officer took the plaintiff back to his cousins house anyway.
False and misleading statements were once again made when plaintiff was removed from his cousin's home into "a stranger home" in Salem Oregon. Again there would have been clearly foreseeable duties to cause an investigation if the alleged abuse had not been withheld from Al Bushey's reports or if false and misleading statements were not made. Plaintiff was "forced" to sit on the side of the road for two days and only allowed into the house to sleep after 11:00PM. Plaintiff was refused clothing and food. If he tried to go on the property to get a drink of water the foster parents would see him and carry him out to the street. On the second day, Plaintiff started playing dead on the side of the road to get cars to stop. Eventually the Salem Fire Department came and plaintiff reported to them that he was being forced to stand by the road and they left him there to stand on the side of the road. Later that evening a Police Officer with Salem Police Department who plaintiff also reported the abuse to came and took the plaintiff to a different home.
Exhibit:E
This Narrative states that Plaintiff and his brother Dennis Snegirev did not want to be placed in the same home together. This statement is false. Narratives also fail to mention that Dennis ran away from Mark Roberts home after punching Mark Roberts for putting his hand on him. To the Child Welfare Office and told them to move him to a different home
Exhibit:F
For the record, Shortly after plaintiff 's altercation with his cousin and when he was forced to stand on the side of the road, a Request to cancel plaintiffs Citizen's Review Board Hearing had been filed with Marion County Circuit Court.
- COURTS HAVE HELD AGENCIES AND ITS OFFICIALS LIABLE WHERE THERE IS A SPECIAL RELATIONSHIP CREATED BY STATUTE.
The Supreme Court has held "Special Relationships" created by statute may give rise to an affirmative duty, enforceable through the due process clause, to provide adequate protection, see ESTELLE v. GAMBLE, 429 U.S. 97. In contrast with my case, the supreme court has also held " The affirmative duty to protect arises not from the States knowledge of the individuals predicament of from its expressions of intent to help him, but from the limitations which it has imposed on his freedom to act on his own behalf, through imprisonment, institutionalization, or other similar restraint of personal liberty" DESHANEY V. WINNEBAGO COUNTY DEPARTMENT OF SOCIAL SERVICES, 489 U.S. 189(1989) Oregon Court of Appeals also held, there are special relationships created by statutes clearly establishing affirmative duties imposed for the purposes of safeguarding children from abuse, see BLACHLY V. PORTLAND POLICE DEPARTMENT, 135 Or. App. 109, 898 P. 2d 784(1995)
- OTHER DISTRICTS HAVE FAVORED §1983 SOCIAL WORKER AND AGENCY LIBILITY CLAIMS FOR ABUSE AND NEGLECT
One Court held that Allegations of Abuse and Neglect while under the control of the Department of Human Services and its agents, are sufficient enough to state federal cause of action, see BROOKS V. RICHARDSON, 478 F. Supp. 793, 795-796(S.D.N.Y. 1978) providing:
"A child who is in the custody of the state and placed in foster care has a constitutional right to at least humane custodial care…. It would be ludicrous if the state, through its agents, could perpetrate the same evil the [foster care] sought to prevent."
OREGON STATUTE 419B.010 DUTY OF OFFICIALS TO REPORT CHILD ABUSE; EXCEPTIONS; PENALTY
Finally, Al Bushey violated clearly established statutory duties arising out of his special relationship with the plaintiff also created by statute. Al Bushey showed deliberate unconcern for the plaintiffs' welfare by failing to report the alleged abuse on numerous accounts showing a pattern of omissions and thus statute 409B.010 Provides (1) "Any public or private official having reasonable cause to believe that any child with whom the official comes in contact with has suffered abuse…. Shall immediately report or cause report to be made in the manner required in the manner required in O.R.S. 419B.015" (2) Notwithstanding subsection(1) of this section, a report need not be make under this section if the public or private official acquires information relating and Thus Defendants are also liable under 14 C.J.S. Civil Rights 66,14 C.J.S. 51, 14 C.J.S. 60, 16 C.J.S. 168.
CLAIM-3 THE STATE OF OREGON AND OREGON DEPARTMENT OF HUMAN SERVICES ARE LIABLE UNDER 42 U.S.C. 14141 FOR PATTERN AND PRACTICE BECAUSE OREGON STATUTORY AND ADMINISTRATIVE PROVISIONS ARE UNCONSTITUIONAL
Plaintiff along with his older brother's reported the alleged abuse to Al Bushey. Instead of conferring with the appropriate authorities, Defendants allowed plaintiff to be exploited for the purposes of receiving federal funding under the Social Security act Title XIX by allowing plaintiff to be forced to take medication for a "Chemical Imbalance". Former O.R.S. 418.517(4) (b) (1993) provides in part, ""Psychotropic medication" means medication the prescribed intent of which is to affect alter thought processes, mood or behavior…***". If it had ever implied intent for which to balance chemicals in the brain such as serotonin it would say so. Nonetheless, an abnormality of chemicals in the brain has never been demonstrated, nor have there been any proven neurochemical explanations for psychiatric disorders.
The Amended O.R.S. 418.517(5) (b) has the same definition for psychotropic medication. If interpreted correctly, the intent for which to affect or alter thought processes is accomplished with the thought of having to take the medication; or its shock effect in terms of behavioral health. Regardless of whether the plaintiff was prescribed medication for depression, ADHD or anxiety Defendants were acting outside their authority by permitting plaintiff to be prescribed with intent to correct a chemical imbalance. Nonetheless, the Supreme Court laid down restrictions on punishment, declaring that any form of punishment is unconstitutional if it is degrading to human dignity-as in torture or a severe punishment that is patently unnecessary. Furman v. Georgia
Courts have ruled, to varying degrees that punishment can be cruel or it can be unusual, but it's not supposed to be both. Society has not yet viewed psychotropic medications as cruel and unusual especially in Oregon because the state through its agencies and officials have been acting outside of their authority in violation of O.R.S. 418.517 by implying the intent of balancing chemicals in the brain. Therefore it was both cruel and unusual to involuntarily commit Plaintiff to take a psychotropic medication for ADHD, Depression and anxiety because its intent was to alter the thought process as defined in O.R.S. 418.517, with life threatening consequences.
The right to decline medical treatment is not lost to a patient who is mentally incapable of deciding that question for his self. People in Interest of Medina, 662 P.2d 184 (Colo. App. 1982), 705 P.2d 961 (Colo. 1985).
Defendants, with the responsibility for the administration of juvenile justice for the plaintiff had engaged in a pattern and practice that which deprived Plaintiff of his rights, privileges, and immunities secured and protected by the constitution and laws of the United States.
42 U.S.C. 14141 holds, "It shall be unlawful for any governmental authority, to engage in a pattern or practice of conduct by officials or employees of any governmental agency with responsibility for the administration of juvenile justice or the incarceration of juveniles that deprived persons of rights, privileges, or immunities secured or protected by the constitution or laws of the United States.
CONCLUSION
Plaintiff Justin Snegirev, As a result of the reckless conduct of the Defendants Mark Roberts, Agafia Snegirev, Al Bushey, Marion County Child Welfare Division , Oregon Department of Human Services and the State of Oregon, suffered physical pain, loss of life expectancy, mental anguish, humiliation, loss of reputation, loss of care, comfort, and loss of memory, resulting in lack of ability to function properly in a normal school and societal setting while expressing symptoms of child abuse and side effects of excessive force with medication. Plaintiff has sustained and probably will sustain such impairment in the future.
WHEREFORE, PREMISES CONSIDERED: Plaintiff prays that he have final judgment against each Defendant, jointly and severally, for damages in excess of the minimum Jurisdictional limits, for exemplary damages, for prejudgment and post-judgment interest as allowed by law, for costs of court and for such other and further relief, both general and special, at law and in equity, to which the Plaintiff may show themselves justly entitled and in the sum of $14,500,000.
DATED this ___ day of December, 2010.
Respectfully submitted,
___________________________
JUSTIN A. SNEGIREV
Pro Se Litigant
945 N.W. Naito Parkway #130
Portland, Oregon 97209
Phone: (503) 517-3914
Email: snegirevj@yahool.com
No comments:
Post a Comment