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U.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN MARYANN GODBOLDO, A.G-H., a Minor by her Next Friend, MARYANN GODBOLDO, Plaintiffs, v. Hon: COUNTY OF WAYNE, WAYNE COUNTY CIRCUIT COURT A/K/A MICHIGAN'S THIRD JUDICIAL CIRCUIT COURT, governmental entities, MIA WENK, LESLIE KIM SMITH, MARSHA HERST, VIKKI KAPANOWSKI, in their individual and official capacities. Defendants, ROBINSON and ASSOCIATES, P.C. David A. Robinson (P 38754) Attorneys for the Plaintiff 28145 Greenfield Road Suite 100 Southfield, Michigan 48076 (248) 423-7234 [email protected] Case No: NO

PLAINTIFFS COMPLAINT AND DEMAND FOR JURY NOW COME the Plaintiffs, by and through counsel, ROBINSON and ASSOCIATES, P.C., and for their Complaint against Defendants state unto this Honorable Court as follows: INTRODUCTORY AND JURISDICTIONAL STATEMENTS This is an action for money damages brought pursuant to 42 U.S.C. 1983, and 1988, and the Fourth and Fourteenth Amendments to the United States Constitution against these named defendants in their individual capacities and/or official capacities and against the County of Wayne, Michigan. Jurisdiction is based upon 28 U.S.C. 1331, 1332 and 1343, and

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on the supplemental jurisdiction of this Court to entertain claims arising under state law pursuant to 28 U.S.C. 1367(a). 1. This is a case about whether a Mother, MARYANN GODBOLDO, who

voluntarily consented to allow the administration of the drug Risperdol, a controversial anti-psychotic medication with known dangerous side effects to be given to her minor child, should be denied her express right to withdraw her consent ( IT HAS BEEN EXPLAINED TO ME THAT I HAVE THE RIGHT TO WITHDRAW THIS CONSENT AT ANY TIME AND CAN STOP TAKING THE MEDICATION AT ANY TIME) at any time and not be mandated by the State/County to pre-empt that decision, with circumvention, by resort to a court system policy and procedure that allowed, supported and condoned the entry of perfunctory court orders for extraction of minor children from their parents to be the product of rubber stamped justice. 2. This case is also about a mother, MARYANN GODBOLDO and her minor

daughter, Ariana, who sought help for a sudden medical condition that confounded them both and then were put in the hands of professionals who failed to listen to the dynamic history of that mother and that daughter instead ignoring it and jumping to the first drug of choice, Risperdol. NEW OAKLAND CHILD, ADOLESCENT and FAMILY CENTER and CHILDRENS CENTER called to Child Protective Services to report that Godboldo had abruptly taken the minor off the imminently risky drug Risperdol. On information and belief these calls were made by Tracey Dorsey. On information and belief the calls instigated the ultimate arrest and imprisonment of Godboldo and imprisonment and hospitalization of the Minor and her unconsented to medical treatment. 2

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3.

This case is as well about governmental agencies and their agents who failed in

their diligence to properly investigate allegations of neglect or to adequately probe the background of a minor childs history instead looking only to find biased support for hapless allegations in order to place a mother and her child in the clutches of an indifferent system, and about a police system itself ignorant of its own rules and authority that conspired to arrest, extract and separate the nurturing bond between the mother and her child. MIA WENK, devoid of proper medical or psychiatric training, who, based on the report by NEW OAKLAND CHILD, ADOLESCENT and FAMILY CENTER and CHILDRENS CENTER, knowing how easy it was to have an unauthorized court employee stamp a judges signature on an order for custody of the minor, impulsively and grossly negligently petitioned the court securing what she alleged to the police to be a warrant improperly directing THOMAS TREWHELLA, MICHAEL NIED, KEVIN SIMPSON, ROBERT STANKIEWICZ and AHMED MORSY to wrongfully engage Godboldo in an unconstitutional 4th amendment patently wrong invasion into her home resulting in her apprehension. Wenk, grossly negligently, did not seek sufficient background information on the Minor. She only sought information by the instigators, NEW OAKLAND CHILD, ADOLESCENT and FAMILY CENTER and CHILDRENS CENTER about that history. Wenk, grossly negligently, ignored all risk assessments and safety assessments and admitted to being unfamiliar with her own department policy and procedures failing to follow protocol by not even signing the Permanency Planning Conference referral leaving boxes unchecked and yet opted to open a case against Godboldo. This was a rush to judgment. Wenk admitted to not making any reasonable efforts to prevent removal of the Minor. 4. THOMAS TREWHELLA, MICHAEL NIED, KEVIN SIMPSON, ROBERT 3

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STANKIEWICZ and AHMED MORSY, Detroit Police officers were in possession, not of a warrant, but of an order, questionable on its face, and without lawful authority, broke into Godboldos home. THOMAS TREWHELLA, MICHAEL NIED, KEVIN SIMPSON, ROBERT STANKIEWICZ and AHMED MORSY, in violation of the 4th and 14th amendments, purposely ignoring police department written policy, broke into Godboldos home where there was no probable cause that a crime was committed, no exigency, no danger to the safety of the Minor, no urgency as evidenced by the defective order from which they operated. In direct violation of the law and their own written policy, with a crowbar they broke into Godboldos home under color of law but inconsistent with any lawful authority. THOMAS TREWHELLA, MICHAEL NIED, KEVIN SIMPSON, ROBERT STANKIEWICZ and AHMED MORSY then accused Godboldo of crimes they knew she did not commit. 5. Employees at HAWTHORN CENTER were responsible for physical abuse,

battery and other indignities resulting in embarrassment, humiliation and physical injury to the Minor, A.G-H. Following the Minors release from Childrens Hospital, she was conveyed to Hawthorn Center. A medical record from Childrens Hospital dated March 25, 2011, the date of her custody, noted A.G-Hs body was examined and there were no bruises, no ecchymosis, no trauma and the rest of the skin also looks like it well taken care of. In the physical assessment at Hawthorn A.G-H. was noted as having a bruise to the palm area of her left hand and scraping to he left leg. A.G-H, an amputee, at Hawthorn was deliberately deprived of her prosthesis as a punishment consistent with the systemic indifference to the Plaintiffs personal bodily integrity. 6. By this collection of calamities Godboldo was arrested and carted off to jail after

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which she was alleged to have committed crimes against the police, the equivalent of which if convicted, could have kept her imprisoned for 22 years. 7. Ironically, Godboldo was jailed for the first time in her life for defending her right

to protect her daughters health and her minor daughters right to not have inappropriate and potentially devastating psychotrpoic medication forced upon her. Godboldo had adequate time to see first hand the effect of the dastardly anti-psychotic medication on her daughter and chose to invoke her right to withdraw consent. She did so under medical supervision and not

imprudently or abruptly and if Wenk had studied the history would have known the same. But since the wheels of the court had been set in motion, Godboldo was subject to answering the criminal charges. 8. On March 25, 2011, Ms. Godboldo stood before the Magistrate at 36th District

where the criminal charges were read off to her. Following that, she remained in jail until her release 4 days later. On July 25, 2011, before the Honorable Ronald Giles, the People of the State of Michigan sought to show how Ms. Godboldo threatened the life of three police officers with a dangerous weapon, resisted, and obstructed their efforts. On August 29, 2011, after laborious testimony 36th District Court Judge Giles dismissed all charges holding: The Order has to do more than just look official. Again, we are talking about a persons constitutional rights here to beor actual constitutionally protected liberty, interest and familiar (sic) integrity. That is a constitutional right. And to have that put up against this order, which is grossly inadequate, incorrect, the mistakes on it are numerous, as identified by the Protective Service worker, who typed it up. It is ridiculous to go in to remove, in this Courts opinion, somebodys child based on this order. It does not even express any situation where we have 5

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exigent circumstances where it says the child is at risk. ...as a result...Im gonna quash it, (order) which makes everything that happens thereafter null and void, the fruit of the poisonous tree argument. 9. Judge Giles dismissal was not good enough for the Wayne County Prosecutor.

The County prosecutor appealed Judge Giles dismissal, again protracting the Plaintiffs saga. The County prosecutor again made the argument, that Godboldo unlawfully resisted, obstructed, and threatened the lives of the police officers. Hearing the legal argument asserted by the County prosecutor, the reviewing Judge, Judge Bills, ruled as did Judge Giles... And Im going to affirm his ruling. 10. The allegations initiated by WENK also resulted in a civil proceeding wherein

GODOBOLDOs right as a mother was questioned but resoundingly accorded the imprimatur of the Court where Judge Lynne Pierce determined, Its not this Courts intention to order A.G-H. to be placed on any drug, Rispirdol or otherwise without her parents consent. Barring a life-threatening emergency, a decision to administer psycho-tropic drugs is a parental decision. The possible side effects are such that the potential detriment can outweigh any potential benefit. This decision must be-must lay in the hands of the parents not the state in conjunction with consultation of the medical professionals of their choice. Ultimately, medical decisions such as this one are the parents decision and only their decision.

THE PARTIES 1. Plaintiff MARYANN GODBOLDO (hereinafter Godboldo) is and was, at all 6

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times relevant to this complaint the mother of the Minor and a citizen of the United States and resident of the City of Detroit, County of Wayne. 2. Plaintiff A.G-H. (hereinafterthe Minor child) is and was, at all times relevant to this complaint a citizen of the United States and resident of the City of Detroit, County of Wayne. GODBOLDO is appointed the Next Friend of the Minor. 3. Defendant Judge Leslie Kim Smith, in her individual and official capacity, was Chief Judge of the Wayne County Family Court at the time of this incident, and was the judge who authorized non-legal personnel to use her stamp to issue protective orders without judicial hearing and in violation of Michigan law and due process. 4. Defendant Wayne County Circuit Court, the 3rd Judicial District, was the governmental entity in charge of the process used on the date of the court order and established the practice of stamping orders without judicial hearing and in violation of Michigan law and due process. 5. Defendant Marsha Herst, in her individual and official capacity, was a probation officer at the Wayne County Circuit Court on March 24, 2011, and used Judge Smith's stamp to authorize an order without judicial hearing and in violation of Michigan law and due process. 6. Defendant Vikki Kapanowski, in her individual and official capacity, was a supervisor at the Wayne County Circuit Court on March 24, 2011, was aware of and allowed Marsha Herst to use Judge Smith's stamp to authorize an order without judicial hearing and in violation of Michigan law and due process. 7. Defendant County of Wayne is sub unit of government operating under, and

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subject to, the U.S. Constitution and laws of the State of Michigan and of the United States. That at all relevant times the defendants Vikki Kapanowski and Marsha Herst and others were employed by the County of Wayne and at all relevant times defendants acted in the capacities of agents, employees and servants of the Defendant County of Wayne and all these defendants are sued in their individual and official capacities. 8. Child Protective Service is a department of the State of Michigan and conducts business in Wayne County. That at all relevant times CPS employed Defendant WENK as a Child Protective Services worker who conducted her activities in Wayne County. 9. The conduct and events upon which this action is based occurred in City of Detroit, County of Wayne, State of Michigan. 10. The amount in controversy exceeds the sum of Twenty-Five Thousand ($25,000.00) dollars, exclusive of costs, interest and attorney fees. FACTUAL ALLEGATIONS 11. Plaintiffs reallege each and every paragraph stated above as if said paragraphs were more fully and specifically set forth herein. 12. In September of 2009, Godboldo took A.G-H. for immunizations in order that she attend the Montessori school system. Before that she had been home schooled by Godboldo. Shortly following the immunizations, Godboldo began to see certain behavioral changes in A.G-H. Up to that point in her life, A.G-H. functioned and exhibited behaviorally as any other child her age. 13. In February of 2010, Godboldo took A.G-H. to Childrens Hospital for examination. Childrens referred Godboldo to Carelink, a provider of health services to a 8

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network of private behavioral agencies. Carelink Network is funded by the Detroit-Wayne County Community Mental Health Agency. 14. Carelink met with Godboldo and referred Godboldo to NEW OAKLAND CHILD, ADOLESCENT and FAMILY CENTER AND CHILDRENS CENTER. 15. GODBOLDO, relying on the representations offered by NEW OAKLAND CHILD, ADOLESCENT and FAMILY CENTER and CHILDRENS CENTER, began allowing voluntary administration of the psycho-tropic medication Risperdol to her Minor daughter. Before doing so, Godboldo was apprised that her consent was essential, that pursuant to manufacturers warnings there were inherent risks and potential life threatening side effects in the administration of this drug to her minor daughter and that she could withdraw her consent for the administration of the drug at any time. This agreement formed the bases of a contract between Godboldo and NEW OAKLAND CHILD, ADOLESCENT and FAMILY CENTER AND CHILDRENS CENTER. 16. Noticing substantial changes in her Minor daughter since beginning the drug, such as weight gain of 32 pounds or more, extreme behavioral changes, agitation, Godboldo sought the advice of other medical direction in order to effect revocation of consent to the administration of the obviously altering drug. Godboldo also complained to NEW OAKLAND CHILD, ADOLESCENT and FAMILY CENTER AND CHILDRENS CENTER that she had stern concerns about the new drug and how it was manifesting odd and significant changes in her minor daughter. 17. In the course of recanting her voluntary consent for the drug, Godboldo understood any abrupt cessation would be harmful. Methodically she, in consultation with her 9

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medical consultant, began a weaning process to attempt to reverse the harmful effects of the drug, Risperdol. 18. Godboldo informed NEW OAKLAND CHILD, ADOLESCENT and FAMILY CENTER AND CHILDRENS CENTER of her decision to take her daughter off the drug. As a result NEW OAKLAND CHILD, ADOLESCENT and FAMILY CENTER AND CHILDRENS CENTER reported her decision to Child Protective Services stating that Godboldo was neglecting her minor daughter by abruptly taking her Minor daughter off the drug Risperdol. None of this was true. 19. Child Protective Services assigned the complaint to WENK. WENK embarked on an irresponsible course to allege Godboldo to be in violation of the law and irresponsibly alleging that A.G-H. is not safe in the home. 20. With no more information than a deficient report that Godbodo had abruptly taken A.G-H. off the dangerous drug, Wenk sought a Permanent Placement Conference (PPC) where a decision was made to petition the court for removal of the Minor. 21. The PPC was held on March 23, 2011. WENK abruptly typed up an Order To Take Childr(ren) into Protective Custody and on March 24, 2011 presented it to Defendant Marsha Herst at the Lincoln Hall of Juvenile Justice where the procedure to make legal a court order to separate a parent and child was routinely and cavalierly circumvented avoiding the requirement that Defendants Judge Smith and Wayne County Circuit Court follow the rigid process accorded a parent and the child. By this custom of conduct of Defendants Smith, Wayne County Circuit Court and Wayne County, WENK by passed the sacrosanct question of a parents right to determine fundamental issues involving their children. This process to bypass justice 10

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was a function of policy, pattern and custom attributable to Judge Smith, Wayne County Circuit Court, Wayne County and repugnant to our Constitution. 22. Armed with this defective Order leaving the Lincoln Hall of Justice WENK dialed 911 reporting to the Detroit Police that she had a warrant and needed police assistance to make a confiscation of the Minor. 23. Parked some distance from the Godboldo home, WENK waited for the police to arrive. Upon their arrival WENK made allegations that the Order directed the Defendant officers to take the Minor into custody. 24. Failing to read and interpret the Order, the Defendant officers made their first attempt to separate the Minor from her parent. The Defendants with no authority at law, but

acting under color of law, approached the home. The officers were refused. 25. Not having committed any violation of law or ordinance Plaintiff protected her home, her safety and her minor daughters safety from illegal entry simply by not allowing the police inside her home. 26. Confounded by the Plaintiffs conduct, TREWHELLA and SIMPSON called for NIED, the supervisor who arrived along with STANKIEWICZ and MORSY. 27. Upon his arrival, armed only with the Order, NIED, TREWHELLA and SIMPSON attempted but were again refused entry to the home. Further confounded, the three defendants resorted to Plaintiffs side door where the plan was hatched to use a crowbar retrieved from NIEDs trunk and illegally break into the Plaintiffs home. 28. The plan was foiled which confounded the three defendants who called for further assistance to extract a mother and her minor daughter from the sanctity of their home. 11

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29. Armed only with imperfect information, a defective Order and the force of authority the Plaintiff relented and was taken into custody. 30. Plaintiff was cuffed, placed into a police car by STANKIEWICZ and MORSY and whisked off to jail for processing. The Minor, was taken by WENK to Detroit Receiving Hospital. 31. For 4 days the GODOBOLO was in police custody where she was charged with crimes alleging her to have placed in jeopardy the lives and safety of the Defendant police officers. 32. The Minor A.G-H. was transported to HAWTHORNE CENTER where she was assaulted and battered and administered unconsented to psychotropic and other medication and deprived of her prosthetic leg in order to restrict her mobility as a punishment. 33. A.G-H. was separated from her mother, Godboldo and her father, Hakim, for several months. During this time she was subjected to physical prodding, emotional probing and personal indignity for which she will suffer permanent harm. 34. Godboldo and Hakim have been alleged to have been neglectful parents whose reputation has been spurned. The disconnection of parental bond caused by the defendants was severe and caused damaged that will require therapies to heal. During this time, Godboldo and Hakim were caused to lose the nurture and affection from their minor child and suffered humiliation and embarrassment through the 8-month long court process. 35. Finally, on December 12, 2011, the Court returned A.G-H. to the care and custody of Godboldo and Hakim. COUNT I : VIOLATION OF 42 U.S.C. 1983 AGAINST KIM SMITH, WAYNE COUNTY CIRCUIT COURT AND WAYNE COUNTY 12

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36. Plaintiffs re-allege each and every paragraph set forth in the Complaint as if said paragraph were more fully and specifically stated herein. 37. That on information and belief Judge Kim Smith, Wayne County Circuit Court and the County of Wayne authorized and tolerated an institutional practice which allowed CPS workers to obtain orders for custody of minor children that circumvented a judges review for the legal sufficiency for the order. In fact, the process at Wayne County Juvenile Court regularly required a probation officer to control the judges signature stamp, to not examine the allegations of the accuser or petitioner, to not take testimony under oath as to the veracity, accuracy or integrity of the allegations and to create a process inconsistent with statute and court rule, allowing for the impression that the judges signature afforded due process and judicial scrutiny to the prospective parent(s) of a minor child subject to the order. 38. That as a result of the actions and inactions of the Defendants as set forth in this Complaint, Plaintiffs suffered damages including, but not limited to: A. B. C. D. E. F. Extreme pain and suffering; Humiliation; embarrassment fright; shock, fear, anguish; Extreme emotional distress; Psychological distress; Physical distress, and Other physical, psychological and emotional injuries and damages.

COUNT II VIOLATION OF 42 U.S.C. 1983 AGAINST LESLIE KIM SMITH, MARSHA HERST, VIKKI KAPANOWSKI, WAYNE COUNTY CIRCUIT COURT' S INDIVIDUAL EMPLOYEES

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39. Plaintiffs re-allege each and every paragraph set forth in the Complaint as if said paragraph were more fully and specifically stated herein. 40. That on information and belief the County of Wayne individual employees Smith, Herst and Kapanowski breached the Minors Constitutionally protected rights under the 4th and 14th amendments to the Constitution by participating in the process as tolerated in the Juvenile court as an institutional practice which allowed CPS workers to obtain orders for custody of minor children that circumvented a judges review for the legal sufficiency for the order. In fact, Smith, Herst and Kapanowski regularly processed petitions and without authority stamped judges signatures on orders resulting in seizures of children without and judicial examination of the allegations of the accuser or petitioner, or any testimony under oath from the petitioner as to the veracity, accuracy or integrity of the allegations in the petition in an effort to create a process inconsistent with statute and court rule, allowing for the impression that the judges signature afforded due process and judicial scrutiny to prospective parents of a minor child subject to the order. 41. That as a result of the actions and inactions of the Defendants as set forth in this Complaint, Plaintiffs suffered damages including, but not limited to: A. B. C. D. E. F. Extreme pain and suffering; Humiliation; embarrassment fright; shock, fear, anguish; Extreme emotional distress; Psychological distress; Physical distress, and Other physical, psychological and emotional injuries and damages. 14

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COUNT III VIOLATION OF 42 U.S.C. 1983 AGAINST DHS/CPS INDIVIDUAL EMPLOYEE WENK 42. Plaintiffs re-allege each and every paragraph set forth in the Complaint as if said paragraph were more fully and specifically stated herein. 43. By reason of their acts as set forth in the Complaint, Defendants acted under color of state law and with oppression and malice to subject Plaintiffs to the deprivation of their rights, privileges and immunities secured by the Constitution and laws, to wit; A. The right to not be deprived of life, liberty or property without due process of law, as secured by 4th, and Fourteenth Amendments to the Constitution of the United States of America; The right not to be subjected to unreasonable searches and seizures, as provided by the 4th and 14th Amendment of the Constitution, and not to be subjected to excessive force; The right to be guaranteed equal protection of the laws, as provided by the 4TH and 14th Amendments to the Constitution of the United States of America.

B.

C.

44. That as a result of the actions and inactions of the Defendants as set forth in this Complaint, Plaintiffs suffered damages including, but not limited to: A. B. C. D. E. F. Extreme pain and suffering; Humiliation; embarrassment fright; shock, fear, anguish; Extreme emotional distress; Psychological distress; Physical distress, and Other physical, psychological and emotional injuries and damages.

COUNT IV LIABILITY UNDER STATE LAW AS TO WENK, HERST AND KAPANOWSKI 15

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45. Plaintiffs re-allege each and every paragraph set forth in the Complaint as if said paragraph were more fully and specifically stated herein. 46. The individual Defendants were at all times relevant hereto performing ministerial-operational duties which did not involve significant decision-making, personal deliberation or judgment. 47. The minor decision making involved in Individual Police Defendants actions at all times relevant hereto were merely incidental to the execution of said Individual Police Defendants ministerial-operational duties. 48. At all times relevant hereto, Plaintiff had the right under statutes, common law, rules, regulations and/or ordinances of the State of Michigan, to be free from the negligent, reckless, knowingly and/or intentionally tortuous, wilful, wanton and/or grossly negligent execution of ministerial-operational duties contrary to the Michigan Constitution, by Defendants. 49. At all times relevant hereto, individual Defendants failed, notwithstanding their standard duty of due care to execute their said ministerial-operational duties in good faith, without negligence, recklessness, willfulness, wantonness, gross negligence and/or knowingly and/or intentional tortuous conduct, in a manner consistent with the Michigan law, as follows, but not limited hereto: a. to use ordinary care and act in good faith to protect and safeguard Plaintiff from wrongful, illegal and unconstitutional retaliation for exercise of protected speech; to take reasonable precautions and act in good faith, to assure Plaintiff was not seized or arrested without probable cause nor retaliated against. to comply with all applicable statutes, laws, rules, regulations and/or ordinances, including but not limited to the Michigan laws and Constitution. 16

b.

c.

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50. Notwithstanding these duties, individual Defendants, knowingly and intentionally while acting under color of law, violated, breached and/or failed to fulfill their ministerial duties to Plaintiff in a manner violative of the Michigan Constitution and laws, by acting in bad faith and engaging in ultra vires conduct. 51. Notwithstanding these duties, individual Defendants knowingly failed to fulfill their ministerial duties while on duty and acting in the course of their employment and/or authority, under color of law and pursuant to customs, policies and/or practices, wrongfully assaulted and battered, arrested and seized, then prosecuted Plaintiff, in bad faith. 52. Notwithstanding these duties individual Defendants, negligently, grossly

negligently, deliberately, recklessly, willfully, wantonly, knowingly and/or intentionally violated, breached and failed to fulfill his ministerial duties to Plaintiff, in bad faith, and in violation of the Michigan Constitution and laws, including, but not limited to, the following: a. by failing to use ordinary care to protect and safeguard Plaintiffs from wrongful, illegal retaliation for exercise of protected speech; by failing to provide for seizure and/or arrest based on probable cause; by failing to take reasonable precautions to protect Plaintiffs from the foreseeable risk of assault and battery, fabrication of evidence, failure to provide all exculpatory evidence, malicious prosecution and false arrest and imprisonment; by violating applicable Constitution, laws, statutes, rules, regulations and/or ordinances of the State of Michigan.

b. c.

d.

53. That as a result of the actions and inactions of the Defendants as set forth in this Complaint, Plaintiffs suffered damages including, but not limited to: A. Extreme pain and suffering;

17

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B. C. D. E. F.

Humiliation; embarrassment fright; shock, fear, anguish; Extreme emotional distress; Psychological distress; Physical distress, and Other physical, psychological and emotional injuries and damages.

54. As a direct and a proximate result of individual Defendants aforesaid negligent, reckless, wilful, wanton, grossly negligent, and knowingly and intentionally tortuous and unconstitutional violations of the aforesaid ministerial duties, all done in bad faith, Plaintiffs suffered and continues to suffer serious and permanent personal injuries, including physical and mental pain, mental anguish, emotional distress, shock, fright, humiliation, degradation, embarrassment, loss of enjoyment of life, medical complications and a lesser leaning, liking and ability towards previous home, family, social, recreational and personal activities, all past, present and future, and any other damages listed above. COUNT V INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS AGAINST WENK 55. Plaintiffs re-allege each and every paragraph set forth in the Complaint as if said paragraph were more fully and specifically stated herein. 56. At all times relevant the individual Defendant Wenk notwithstanding her standard duty of due care, owed to Plaintiffs the following duties, among others: a. to refrain from inflicting negligent, grossly negligent, bad faith, and/or intentional emotional distress on Plaintiffs; to refrain from subjecting Plaintiffs to unsubstantiated and false statements meant to create probable cause in bad faith;

b.

18

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c.

to refrain from subjecting Plaintiffs to emotional distress through wrongful seizure, imprisonment and separation of mother and child; to refrain from treating Plaintiff sin an extremely and outrageously abusive manner;

d.

57. The individual Defendants, negligently, grossly negligently, willfully, wantonly, knowingly and/or intentionally breached and continue to breach one or more of said duties by, among other things: a. negligently, grossly negligently and/or intentionally, in bad faith, inflicting emotional distress upon Plaintiffs, by wrongfully assaulting, battering, arresting, seizing, wrongfully prosecuting, wrongfully retaliating against protected speech, wrongfully creating false statements, separating mother and child without due process and in violation of Michigan law; negligently, grossly negligently, and/or intentionally, in bad faith, subjecting Plaintiffs to undue and unlawful assault and battery, arrest and detention and wrongful separation of mother and child without due process and in violation of Michigan law; negligently, grossly negligently and/or intentionally, in bad faith, subjecting Plaintiffs to injury and pain resulting from use of wrongful separation of mother and child and subsequent seizure of the child; negligently, grossly negligently, and/or intentionally, in bad faith, treating Plaintiffs in an extremely and outrageously abusive manner.

b.

c.

d.

58. That as a result of the actions and inactions of the Defendant Wenk as set forth in this Complaint, Plaintiffs suffered damages including, but not limited to: A. B. C. D. E. Extreme pain and suffering; Humiliation; embarrassment fright; shock, fear, anguish; Extreme emotional distress; Psychological distress; Physical distress, and 19

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F.

Other physical, psychological and emotional injuries and damages.

WHEREFORE Plaintiff requests that this court award damages for Plaintiff, and against Defendants in whatever amount Plaintiff is found to be entitled to in excess of Twenty-Five Thousand ($25,000.00) Dollars, plus applicable interest, costs and attorney fees. Plaintiff further requests an award for punitive and/or exemplary damages and to grant such other and further relief as is consistent with law and which this Honorable Court deems just and proper. Respectfully submitted, ROBINSON and ASSOCIATES, P.C. s/David A. Robinson Attorneys for the Plaintiffs 28145 Greenfield Rd, Ste 100 Southfield, Michigan 48076 (248) 423-7234 [email protected] (P 38754)

March 12, 2014

DEMAND FOR TRIAL BY JURY NOW COMES the Plaintiffs, by and through their attorneys ROBINSON and ASSOCIATES, P.C., and hereby respectfully request that the above-named civil action be heard before a jury. Respectfully submitted, ROBINSON and ASSOCIATES, P.C. s/David A. Robinson Attorneys for the Plaintiffs 28145 Greenfield Rd, Ste 100 Southfield, Michigan 48076 (248) 423-7234 [email protected] (P 38754) 20

March 12, 2014