Tuesday, August 30, 2005

Schneider Files $25M Federal Lawsuit

With all the blogaversary talk over the weekend, a couple of folks have emailed inquiring about an update on the Amy Joan Schneider ("AJS") story.

Back in June, Schneider succeeded in having Judge Webber removed from the case. The new judge is Sheck (although, this might be Shick - I've seen AJS spell it both ways) and I gather things are progressing under this new judge, although AJS emailed to say that there hasn't been a hearing in awhile.

The latest development is her filing of a $25 million dollar federal civil rights case against Judges Webber, Diamond, and Grenias along with Karen Coates (current guardian - AJS's sister), Benito DiTerlizzi (AJS's brother-in-law who originally had custody), Andrew D. Bourey, Bridget C. Hogan, James T. Jackson, and Kurt B. Bickes (Bickes is an attorney, I have no idea who these other people are to the case).

AJS's complaint claims the defendants "willfully participated in a conspiracy to deprive Plaintiff [Schneider] of her equal due process" and "intentionally violated the laws of the state of Illinois as well as Federal law."

She hasn't had much luck proving these allegations, but this is a new venue with a different set of circumstances and procedures.

I have the cover sheet for the federal complaint, but am waiting for the whole thing before I put those up for review.

1:55PM Update

The complaint can be found here.

The aforementioned defendants whose names I did not recognize are indeed attorneys from the various firms involved in the case.

Amongst the issues being pressed are alleged violations of the RICO Act, the Hobbs Act and The Klan Act. Every defendent is alleged to have committed perjury.

I'm no lawyer, and I don't play one on the Internet, but I suspect than AJS has quite a mountain to climb here (please note, that AJS has not shared her strategy with me or her evidence):

  • RICO is about organizations - I don't think these people are part of an organization that is conspiring against AJS or anybody else.

  • Hobbs is about commerce, ultimately. The Dept. of Justice link breaks this one down much better than I ever could...I haven't seen anything that would convince me as a juror that the defendants have broken this law.

  • The Klan Act - racism has been a theme throughout the Schneider story and I still remain unconvinced that racism is at play in this case. A number of my readers have taken a different view, but I'll point out that this case has been heard by at least four judges now and none of them has bought it.

  • Perjury is ridiculously hard to prove. I sure hope she isn't pinning her hopes on this being taken seriously.

  • Strictly from a legal standpoint, I believe AJS should have her children returned to her. I don't think this case will help her accomplish that goal. It will eat up some more of the trust fund though.