Huot v. Montana State Department of Child and Family Services et al

Filing 9

ORDER TRANSFERRING CASE TO The United States District Court for the District of Montana from the Southern District of West Virginia Signed by Judge David A. Faber, Senior US District Judge for the Souther District of West Virginia on 7/19/2017. (Attachments: # 1 Complaint) (ELL)

Download PDF
Case 1:17-cv-03608 Document 1 Filed 07/11/17 Page 1of12 PagelD #: 1 BLED JI. I I 2017 UNITED STATES DISTRICT COURT(S) FOR THE DISTRICT OF COLUMBIA, AND ALL 50 ·R~S L, EPP~E , ,L R U.S. District Court (ll~Mm Di~trlcl o1 We~. t"-' Vl'-'-cg'"°"'-- SAFRON HUOT, Plaintiff, ~(I_ IfV, 11- '-/ {,,-flSU-J CL . ;:1 '1- ev- o3t;6J' MONTANA STATE DEPARTMENT OUT OF DATE COMPLAINT OF CHILD AND FAMILY SERVICES; et al., Defendant(s), Comes Now, Plaintiff, Safron Huot; Biological Birth Mother to B.J.T.H., and B.H.T.H. Respectfully Requests a Formal Hearing with the Right to a Jury Trial. I. Plaintiff PARTIES Safron Huot 211 N. Cedar Apt# 104 Anaconda, Montana 59711 (406) 560-2268 Defendant No. 1 Montana State Department of Child and Family Services 1400 E. Broadway St. Helena, Montana 59601 (406) 444-5900 Case 1:17-cv-03608 Document 1 Filed 07111/17 Page 2 of 12 PagelD #: 2 Defendant No. 2 Montana Supreme Court 215 N. Sanders P.O. Box 203001 Helena, Montana 59620 (406) 444-5490 Defendant No. 3 '\ Deer Lodge County District Court of Montana 800 Main St. Anaconda, Montana 59711 (406) 563-4025 Defendant No. 4 Judge Ray Dayton 800 Main St. Anaconda, Montana 59711 (406) 563-4025 Defendant No. 5 Cal Boyal 118 E. 71h# 1 B Anaconda, Montana 59711 (406) 563-7972 Defendant No. 6 Cindy Johnson 118 E. 7'h # 1B Anaconda, Montana 59711 (406) 563-7972 . Case 1:17-cv-03608 Document 1 Filed 07/11/17 Page 3 of 12 PagelD #: 3 Defendant No. 7 Deer Lodge Medical Center 1100 Hollenbeck Ln. Deer Lodge, Montana 59722 (406) 846-2212 Defendant No. 8 M.D. Wayne R. Martin Deer Lodge Medical Center 1100 Hollenbeck Ln. Deer Lodge, Montana 59722 (406) 846-2212 Defendant No. 9 Susanne M.Clague Clague Law Office, PLLC P.O. Box 3182 Butte, Montana 598702 (406) 782-0505 Defendant No. 10 Ben Kra kowka County Attorney Office 800 Main St. Anaconda, Montana 59711 (406) 563-4019 • Case 1:17-cv-03608 Document 1 Filed 07/11/17 Page 4 of 12 PagelD #: 4 Defendant No. 11 Susan Day, PH.D. 119 W. Front St. Suite 309 Missoula, Montana 59802 (406) 327-9992 Defendant No. 12 Dave Fenchak Smelter City Family Development Center, Inc. 510 Spruce Anaconda, Montana 59711 (406) 490-2380 Defendant No. 13 Mary Jo and Roger Fortner 800 Dempsey Rd. • Deer Lodge, Montana 59722 (406) 846-3491 11. JURISDICTION A. Federal Question B. Please See List of Attached Rules ,and Laws C. Plaintiff(s) State of Citizenship, Montana Defendant(s) State of Citizenship, Montana Case 1:17-cv-03608 Document 1 Filed 07/11117 Page 5 of 12 PagelD #: 5 Ill. Claim I. STATEMENT OF CLAIMS MONTANA DEPARTMENT OF CHILD AND FAMILY SERVICES • To Keep the child within the home, and, or return the child back to the home as soon as possible. • Fabricated Reports To The Court • Contradictions Found within Reports to the court·, • No Holiday Visits or Extra Time Allowed • Possibility of Tampering with Physical Evidence • No Progress Reports Made Available • A Mandatory Temporary Investigation Was Not Sought • Petitions to Terminate Parental Custody • Pushed for Termination within first 6 months • Refused to Preserve the Child Parent Relationship • Adopted My Children while the case was pending out of state Claim II. MONTANA SUPREME COURT, • 3Appeals • Not once, have I been, physically allowed to go to court. • Not allowing me to speak • Taking Part In Wrongfully Keeping My Children Away DEER LODGE DISTRICT COURT OF MONTANA Claim Ill. • Discrepancies Found Between Verbal and Written Transcripts • Fabricating and Tampering With Physical Evidence • All Verbal and Written Transcripts are to be requested upon court(s) discretion for Future Evidence Case 1:17-cv-03608 Document 1 Filed 07/11117 Page 6of12 PagelD #: 6 Claim IV. Judge Ray Dayton • Denied Termination of Appointed Counsel • Personal Relationship between my Aunt Mary Jo Fortner, and my Uncle Larry Huber • Knowing His Personal Opinion against me would cloud his better judgment it would have been best for him to respectfully step down, and put his Prudence above his Prejudice. ( Oath Before Judgment) • Terminated Parental Rights • Adopted My Children Cloim V. CAL BOYAL • No Personal Knowledge relating to the Relationship between Mother and Sons • Fabricated at least 3 Reports to the Court based on Hearsay • Dated 1/11/12, 5/4/12, and 8/30/12 • Persona/ conflict with my Father CINDY JOHNSON Claim VI. • Personal Relationship with My Aunt Mary Jo Fortner • Multiple DUl's • • Permitted to travel to and from visits with my kids • More time allowed her to travel with the kids, but not much time for our visits. • Tampered with and fabricated visit progress notes DEER LODGE MEDICAL CENTER, M.D. WAYNER. MARTIN, Claim VII. • Written two Letters to the court • Admitted to Hearsay within the letters • No Personal Knowledge of the Facts presented within the letters • Dated 6/12/12, Received 6/19/12, Claiming Well Child Check Up on 6/8/12 • Letters Presented Only Moments After Court Started 6/21/12 Case 1:17-cv-03608 Document 1 Filed 07/11/17 Page 7 of 12 PagelD #: 7 Claim VIII. Susanne M. Clague • To Represent what is best for my children's safety ,and well being • No Personal Knowledge of Relationship Between The Children and Their Mother • No Personal Knowledge of the parent(s) • Judgment was to terminate Parental Rights Claim IX. Ben Krakowka • ClaimX. Unfit to represent the rights to my children. Susan Day • Two False reports were made • Received 4/6/11 and 6/8/12 • • • • Couldn't diagnose me 4/6/11 Gave Recommendations No Personal Knowledge Refused to let me record second test appointment • Claim XI. Dave Fenchak • • • Stated my Rights should be Terminated No Personal Knowledge of the Relationship Between Mother and Children Took Urine Samples Case 1:17-cv-03608 Document 1 Filed 07/11/17 Page 8of12 PagelD #: 8 Claim XII. Mary Jo and Roger Fortner • Family • • • • Keeps the children away from me, and their sister Lies to the children • Manipulative • Compulsive • Suicidal/ Homicidal • • Mentally Incapable of providing a healthy environment for the children Had M.D. Wayne R. Martin Fabricate Reports to the Court Knows I have never Hurt My Children Mary Jo Relinquished her rights to her daughter • Roger has never had anything to do with his child • Abusive • Selfish • MEDICALLY INCLINED • • • Written False Reports to the Court for the Department Verbal, Physical, Mental, Spiritual, and Emotional Abuse • Insufficient Care for All Necessary Needs Of The Children Child Assessments stating Opinions over Facts Dated 7/23/11, and 7/10/12 IV. RELIEF Per DefendantMONTANA CHILD AND FAMILY PROTECTIVE SERVICES • COMPLETE IMMUNITY FROM ANY FUTURE OCCURRENCES • $700,000,000 TAX FREE FOR PSYCHOLOGICAL VALUE EQUIVALENT TO TIME DISRUPTED AND DISTURBED • $ 100,000,000 TAX FREE FOR PHYSICAL, EMOTIONAL, AND MENTAL DAMAGE • NON-NEGOTIABLE Case 1:17-cv-03608 Document 1 Filed 07/11/17 Page 9of12 PagelD #: 9 MONTANA SUPREME COURT • FULL PARENTAL CUSTODY REINSTATED • RECORD EXPUNGED • $1,000,000 TAX FREE PER APPEAL DISMISSED MONTANA DISTRICT COURT • COMPLETE COPIES OF ALL VERBAL AND WRIITEN TRANSCRIPTS PERTAINING TO THIS CHILD NEGLECT CASE FROM 2011-2017 • PERSONAL CALENDAR FROM THE YEAR 2012 • • $100,000,000 TAX FREE FOR TAMPERING AND FABRICATING EVIDENCE COURT RECORD EXPUNGED • A LEITER TO BE WRIITEN APOLOGIZING FOR HIS PREJUDICE • IF NO APOLOGY LETTER IS TO BE PRESENTED, A LEITER OF JUDGE RAY DAYTON RESIGNATION WOULD BE SUFFICE AND A $100,000,000 TO BE DONATED AND SPLIT BETWEEN FAMILIES THAT HAVE BEEN • WRONGFULLY TAKEN AWAY FROM THEIR LOVED ONES BY THE HONORABLE JUDGE RAY DAYTON CALBOYAL • $ 10,000 FOR • DONATED TO A BETTER LIFE PROGRAM FOR THE COMMUNITY • APOLOGY LEITER • IF NO LETTER IS TO BE PRESENTED • $1,000 FOR EVERY VISIT PROGRESS REPORT • DONATED TO A BEITER LIFE PROGRAM FOR THE COMMUNITY EACH LEITER PRESENTED TO THE COURT CINDY JOHNSON Case 1:17-cv-03608 Document 1 Filed 07/11/17 Page 10 of 12 PagelD #: 10 DEER LODGE MEDICAL CENTER-WAYNER. MARTIN • $50,000 TAX FREE PER LETTER WRITTEN PERTAINING TO MY CHILDREN • NON-NEGOTIABLE • LETTER APOLOGIZING FOR MISREPRESENTATION • $100,000,000 TAX FREE DONATED TO A BETTER LIFE PROGRAM FOR SUSAN CLAGUE CHILDREN AND THEIR FAMILIES. • NON·N EGOTIABLE • IF HE IS WILLING TO WRITE A LETTER APOLOGIZING FOR BEN l<RAKOKA MISREPRESENTATION, I WILL ASK FOR NOTHING MORE FROM HIM. • IF NO LETTER IS TO BE RECEIVED A RESIGNATION LETTER WILL BE SUFFICE AND $100,000,000 TAX FREE TO BE DONATED AND SPLIT BETWEEN ALL CHILD FAMILY CASES HE HAS REPRESENTED IN THE PAST 10 YEARS. • • NON-NEGOTIABLE • $ 50,000 PER FABRICATED • DONATED TO A BETTER LIFE PROGRAM FOR THE COMMUNITY • $50,000 FOR BEING A CONFLICT OF INTEREST • DONATED TO A BETTER LIFE PROGRAM FOR CHILDREN AND THEIR SUZAN DAY REPORT DAVEFENCHAK FAMILIES Case 1:17-cv-03608 Document 1 Filed 07111/17 Page 11of12 PagelD #: 11 MARY JO AND ROGER FORTNER • 3 APOLOGY LETTERS ADMITTING THE WRONG THEY HAVE DONE AND THE ABUSE THEY HAVE CAUSED. • VISITATION TO START IMMEDIATELY • MY GRANDMOTHERS RECIPES • INCASE OF NO APOLOGY LETTERS, VISITATIQN, OR RECIPES • $100,000 TAX FREE • ALL PERSONAL PROPERTY TO BE SIGNED OVER TO B.J.T.H AND B.H.T.H • FULL PARENTAL CUSTODY OF B.J.T.H AND B.H.T.H • ALL COURT, LAWYER, AND LEGAL FEES TO BE SPLIT BETWEEN RELIEF IN TOTAL- DEFENDANTS • APOLOGY LETTERS • RECORD EXPUNGED • TAX FREE$ • IMMUNITY • A BETTER LIFE PROGRAM GRANTED Signed and Dated this 23'" Day of June, 2017 sf SajronJ{uot Case 1:17-cv-03608 Document 1 Filed 07/11117 Page 12 of 12 PagelD #: 12 Case 1:17-cv-03608 Document 1-1 Filed 07/11/17 Page 1of5 PagelD #: 13 UNITED STATES DISTRICT COURT(S) FOR THE DISTRICT OF COLUMBIA, AND ALL 50 STATES SAFRON HUOT, Plaintiff, v, NOTICE OF SERVICE MONTANA STATE DEPARTMENT OF CHILD AND FAMILY SERVICES; et al., Defendant(s), Comes Now, Plaintiff, Safron Huot; Biological Birth Mother to B.J.T.H., and B.H.T.H, Respectfully Declares a copy of the Following Documents, have been sent (Postal Mail) to the Following Addresses, Documents 1. Notice of Service 2. Cover Sheet 3. Complaint 4. Consent to Jurisdiction 5. Motion to Proceed in Forma Pauperis 6. Motion for Appointed Counsel 7. Motion To Set Aside Adoption, and Reinstate Full Parental Rights Name(s), and Addresses 1) The District of Columbia 333 Constitution Avenue N.W. Room# 1225 Washington, D.C. 20001 2) The District of Alaska U.S. District Court 10112'h Avenue Room 332 Fairbanks, AK 99701 3) The District of Arkansas Richard Sheppard Arnold U.S. Courthouse 500 West Capitol Avenue Little Rock, Arkansas 72201 The District of Alabama Hugo L. Black U.S. Courthouse 1729 5lh Avenue North Birmingham, AL 35203 The District of Arizona U.S. District Court 401 W. Washington St., Ste. 130 Phoenix, AZ 85003 The District of California U.S. District Court 450 Golden Gate Avenue P.O. Box 36060 San Francisco, CA 94102-3489 Case 1:17-cv-03608 Document 1-1 Filed 07/11/17 Page 2 of 5 PagelD #: 14 4) The District of Colorado Alfred A. Arraj U.S. Courthouse 90119'h St. Room #A 105 Denver, CO 80294-3589 5) The District of Delaware Office of the Clerk U.S. District Court 844 North King St. Unit 18 Wilmington, DE 19801-3570 The District of Connecticut Brien McMahon Federal Building 915 Lafayette Boulevard Bridgeport, CT 06604 The District of Florida U.S. Federal Building and Courthouse 299 East Broward Boulevard# 108 Fort Lauderdale, FL 33301 '· 6) The District of Georgia U.S. District Court 600 W. 1' 1 St. Rome, GA 30161 7) The District of Idaho U.S. District Court, Coeur D'Alene Office 6450 North Mineral Drive Coeur D'Alene, ID 83815 8) The District of Indiana Charles A. Halleck Federal Building, Northern Division 230 N. 4th St. Rm. 105 The District of Hawaii U.S. District Court 300 Ala Moana Blvd Rm. C 338 Honolulu, HI 96850 The District of Illinois Everett McKinley Dirksen U.S. Courthouse, Eastern Division 219 South Dearborn St. Chicago, IL 60604 The District of Iowa • U.S. District Court, Northern District 111 Seventh Avenue SE Cedar Rapids, IA 52401-2101 Lafayette, IN 47901-1322 9) The District of Kentucky U.S. District Court, Eastern District 101 Barr St. Lexington, KY 40507 The District of Kansas U.S. District Court 500 State Ave. Kansas City, KS 66101 10) The District of Louisiana U.S. District Court, Western District 800 Lafayette St. Suite 2100 Lafayette, LA 70501 The District of Maine Margaret Chase Smith Federal Building and Courthouse 202 Harlow St. Bangor, ME 04401 Case 1:17-cv-03608 Document 1-1 Filed 07111/17 Page 3 of 5 PagelD #: 15 11) The District of Maryland U.S. District Court 101 West Lombard St. Baltimore, MD 21201 The District of Massachusetts U.S. District Court 1 Courthouse Way Boston, MA 02210 12) The District of Michigan The District of Minnesota U.S. Courthouse 300 S. 4" St. # 202 Minneapolis, MN 55415 U.S. District Court, Western District 110 Michigan St. NW Grand Rapids, Ml 49503 13) The District of Mississippi U.S. District Court, Southern District 501 E. Court St. Suite 2.500 Jackson, MS 39201 14) The District of Montana Russell Smith Federal Courthouse 201 E. Broadway Missoula, MT 59802 The District of Missouri U.S. District Court Clerk, Eastern District 111 S. 10th St. #3.300 St. Louis, MO 63102 The District of Nebraska Roman L. Hruska Federal Courthouse 111 S. 13th Plaza Suite 1152 Omaha, NE 68102 15) The District of Nevada Lloyd D. George U.S. Courthouse 333 Las Vegas Blvd. South Las Vegas, NV 89101 The District of New Hampshire • 55 Pleasant St. Rm. 110 Concord, NH 03301 16) The District of New Jersey The District of New Mexico Pete V. Domenici U.S. Courthouse 333 Lomas Blvd. NW Suite 270 Albuquerque, NM 87102 Martin Luther King Building, U.S. Court House 50 Walnut St. Newark, NJ 07101 17) The District of New York James T. Foley Courthouse, Northern District 445 Broadway Suite 509 Albany, NY 12207 18) The District of North Dakota U.S. District Court Clerk 220 E. Rosser Ave. Bismarck, ND 58501 The District of North Carolina U.S. District Court Clerk 401 W. Trade St. 210 Charlotte, NC 28202 The District of Ohio Carl B. Stokes U.S. Courthouse 801 West Superior Avenue Cleveland, OH 44113 Case 1:17-cv-03608 Document 1-1 Filed 07/11117 Page 4 of 5 PagelD #: 16 19) The District of Oregon Mark 0. Hatfield Courthouse 1000 S.W. 3'd Ave. Portland, OR 97204 20) The District of Pennsylvania James A. Byrne U.S. Courthouse, Eastern District 601 Market St. Philadelphia, PA 19106 21) The District of South Carolina Federal Courthouse 85 Broad St. Charleston, SC 29401 The District of Oklahoma Western District Court Clerk 1 200 N.W. 4 ' St. Oklahoma City, OK 73102 The District of Rhode Island U.S. District Court 1 Exchange Terrace Providence) RI 02903 ., The District of South Dakota Federal District Court Clerk 400 S. Phillips Ave. Sioux Falls, SD 57104 22) The District ofTennessee 801 Broadway# 800 Nashville, TN 37203 The District ofTexas U.S. District Court, Southern District 1133 N. Shoreline Blvd.# 208 Corpus Christi, TX 78401 23) The District of Utah The District of Vermont • U.S. District Court 11 Elmwood Ave. Room 506 Burlington, VT 05401 U.S. District Court 351 S.W. Temple, Room 1.100 Salt Lake City, UT 84104 24) The District of Virginia Walter E. Hoffman, U.S. Court House, Eastern District 600 Granby St. # 193 A Norfolk, VA 23510 25) The District of Wisconsin U.S. District Court 120 N. Henry St. Suite 320 Madison, WI 53703 26) District of Washington U.S. District Court 700 Stewart St. Seattle, WA 98101 The District of West Virginia U.S. Courthouse, Southern District 601 Federal St. Rm. 2303 Bluefield, WV 25301 The District of Wyoming U.S. District Court 111 S. Wolcott St. Casper, WY 82601 Montana Supreme Court 215 N. Sanders P.O. Box 203001 Helena, MT 59601 Case l:l 7-cv-03608 Document 1-1 Filed 07/11/17 Page 5 of 5 PagelD #: 17 27) Montana State Department of Child & Family Services 1400 E. Broadway St. Helena, MT 59601 Cal Boyal 118 E. 7th# 1 B Anaconda, MT 59711 28) Deer Lodge County District Court of Montana 800 Main St. Anaconda, MT 59711 Judge Ray Dayton 800 Main St. Anaconda, MT 59711 29) Deer Lodge Medical Center Cindy Johnson 118 E. Seventh# 1 B Anaconda, MT 59711 1100 Hollenbeck Ln. Deer Lodge, MT 59722 30) M.D. Wayne R. Martin Deer Lodge Medical Center 1100 Hollenbeck Ln. Deer Lodge, MT 59722 Mary Jo and Roger Fortner 83 Dempsey Rd Deer Lodge, MT 59722 31) Susanne M. Clague Clague Law Office, PLLC P.O. Box 3182 Butte, MT 59702 Susan Day, PH.D. 119 W. Front St. Suite 309 Missoula, MT 59802 32) Dave Fenchak Smelter City Family Development Center, Inc 510 Spruce Anaconda, MT 59711 Ben Krokowka County Attorney Office 800 Main St. Anaconda, MT 59711 signed & Dated, T h i r - ( Day~~ Case 1:17-cv-03608 Document 1-2 Filed 07/11/17 Page 1 of 1 PagelD #: 18 UNITED STATES DISTRICT COURT(S) FOR THE DISTRICT OF COLUMBIA, AND ALL 50 STATES To Whom It May Concern, The Following Letter Contained within is Written on the Behalf of the Children in question, and myself, the children's Biological Birth Mother. I would like to inform the court(s) about my current situation, and a little bit of wisdom, I have gained throughout this process. t'l!ot only was it my actions but also my wc.y of thinking that got us here today, It has also brought me to places I have never dreamed of being. I am Grateful for this experience even throughout the worst of days. To see only Beauty in such a dark place, the strength, and the courage it takes to continue on this path full of pain and heartache is truly a Blessing in Disguise. Let it be known, I understand how some of you may think it to be selfish of me, to continue working on bettering a future for my children, myself, and all those around me, that get placed in my life. Even though my children have been forced into becoming accustomed, to living in a home/ environment which is not their own. There may have been a time when my children needed to be with my aunt and uncle, but that time has long passed. I am Still Here today after all this time, because I love my children, with everything inside of me . I will always be their rightful home. I may not know what I am going to do for the rest of my life, but I know who I am to be; that is the best mother I can be, for all Three of My Children. For I shall not keen them ayvay from those who love them, I shall teach them to love and forgive instead. Before I tal,e up tCi much more of your time, I would like to Thank You for your time, and apologize for a few mistakes on my part contained within the following papers, on the out of date complaint, Defendant No. 2 and No. 9 zip code corrections are 59601, and 59702. Most papers contained within have been pre dated from the day written and printed; all paper documents contained within been sent U.S. Postal Mail on the same day. Willing to Drop all$ Relief if Defendants comply. The most beautiful thing in life is the ability to learn and grow; to value life is to value Love. May you all be able go home tonight and love your family with a little bit more love from inside your hearts. Love is a gift one should always give away. Sincerely We Thank You, For Our Rights To Be Happy. Signed & Dated This 1" Day of July, 2017 sfSafron Uuot Case 1:17-cv-03608 Document 1-3 Filed 07/11117 Page 1of1 PagelD #: 19 UNITED STATES DISTRICT COURT(S) FOR THE DISTRICT OF COLUMBIA, AND ALL 50 STATES SAFRON HUOT, Plaintiff, v, COVER SHEET MONTANA STATE DEPARTMENT ..\ . . OF CHILD AND FAMILY SERVICES; et al., Defendant(s), Cover Sheet I. Plaintiff(s), Safron Helen Virginia Huot Deer Lodge County Defendant(s), Please See Attached Lewis and Clark County; et al. II. Basis of Jurisdiction- Federal Question Ill. Citizenship of Principal Parties- Citizen(s) of Montana IV. Nature of Suit- Civil Rights, #440 Other Civil Rights V. Origin-Original Proceeding VI. Cause of Action-The Right To Happiness, For A Better Life VII. Requested In Complaint- The Rights To My Children Jury Demanded, Yes VIII. Related Case(s)-Judge King, Docket Number 3:16-cv-01767-KI District Of Oregon, United States Court of Appeals for the Ninth Circuit, 16-35877 Signed & Dated This 23'' Day of June, 2017 s/Safron Huot

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?