The Federal Lawsuit: Filed December 30, 1982

UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF MICHIGAN

SOUTHWEST DIVISION

LEIGH TRAVIS, an individual and

BRENT TRAVIS, a minor child, by

his father, next friend, and

natural Guardian,

Plaintiffs,

-vs-

JOSEPH LIMAURO;

CONSTANCE PETERSON;

HARRY LIMAURO;

JOHN A. DOE AND JOHN B. DOE, State Officers acting under the color of the law of the State of Michigan;

SUSAN WESTERMAN, DEAN BURNS, and GREGORY JUSTIS, individually and as attorneys at law acting under the color of the law of the State of Michigan;

ROCHELLE SIEGEL, individually, and as a Social Worker of the State of Michigan;

MARSHA ELLIOTT, individually and as a Protective Services Worker of the State of Michigan;

JOHN T. MURPHY and MARTIN BREIGHNER, individually, and as Judges of the Probate and Circuit Court of Emmet County, Michigan;

GRACE PARROTT, individually and as the Friend of the Court of Emmet County, Michigan;

THE COUNTY OF EMMET, MICHIGAN, and

NORTHERN MICHIGAN SUBSTANCE ABUSE SERVICES, INC., a corporation.

Jointly and Severally Defendants

Leigh Travis and Brent Travis

Pro Se

COMPLAINT AND JURY TRIAL DEMAND

NOW COME the Plaintiffs Brent Travis, a minor child, and Leigh Travis, his father, next friend and natural guardian, and herewith file this Complaint in the following:

1. That the Plaintiff Leigh Travis is an adult and resident of the State of Michigan and a citizen of the United States and that his son, Brent Travis, is a minor and a resident of the State of Michigan and a citizen of the United States.

2. That the individual Defendants are adults and residents of the State of Michigan and citizens of the United States. The County of Emmet is a recognized municipality of the State of Michigan; Defendant, Northern Michigan Substance Abuse Services, Inc., DBA Chip Counseling Services, is a licensed and registered Michigan Corporation operating under the laws of the State of Michigan. Defendants Susan Westerman, Dean Burns and Gregory Justis are attorneys acting under the color of the law of the State of Michigan at all times described herein. Defendants John T. Murphy, and Martin Breighner, are duly elected and serving judges of the Emmet County Probate and Circuit Courts, respectively, acting under color of the law of Michigan at all times described herein. Defendants Rochelle Siegel, Marsha Elliott, and Grace Parrott (hereinafter "Siegel," "Elliott," and "Parrott") are, respectively, Social Worker, Protective Services Worker, and Friend of the Court of Emmet County, acting under color of the law of the State of Michigan at all times stated herein.

3. That the Plaintiffs' cause of action arises under the United States Constitution, particularly the 1st, 8th, 9th and 14th Amendments of the United States Constitution, and under Federal Law, Title 18 USC 371; 18 USC 1341; 18 USC 1581 and 18 USC 1621; Title 28 USC 1331 and Title 28 USC 1343; Title 42 USC 1983, 42 USC 1985, 42 USC 1988; the Civil Rights Acts of 1866, 1871, 1964 and 1974; the 1983 Constitution of the State of Michigan and the Statutes promulgated thereunder, pendant jurisdiction and common law.

4. That the present forum is the forum most convenient and that the amount presently in controversy exceeds the sum of Ten Thousand ($10,000.00) Dollars of which attorney fees, costs, and interests are exclusive.

5. That on or about October, 1971 A.d., after Karen Limauro, now deceased, became ill, the defendants, acting in concert, conspired under pretense of their authority to inflict severe and lasting emotional stress and damage to the plaintiffs, to deliberately destroy the father-son identification to the point of antagonism and thereby terminate plaintiff Leigh Travis' parental rights and cause an alienation of affections of said plaintiff from his son, Brent Travis, to cause the plaintiffs to be deprived of their mutual care, company, love and affection, conspired to gain, and did gain, control of certain trust funds of which Plaintiff Brent Travis was the beneficiary, by denying plaintiffs due process of law and the equal protection of law, and conspired to limit, and limited, the liberty of the plaintiffs to be with each other and share each other's care, company, love and affection.

6. In furtherance of the conspiracy described in Paragraph Five, above, the defendants and others unknown to the plaintiffs at this time, committed, in the Western District and Southern Division of Michigan, and elsewhere, overt acts, including, but not limited to, the following:

DEFENDANTS' OVERT ACTS, MALUM IN SE, OF OMISSION

AND/OR COMMISSION

7. That the plaintiffs realize Paragraphs One through Six and adopt the same as though fully incorporated and restated herein.

8. From approximately June 7, 1974, A. D., Defendants Joseph Limauro and Peterson concealed from plaintiff Leigh Travis that his ex-wife was ill, and prevented the visitation between Leigh and Brent Travis that they were entitled to by order of Judge Patrick Conlin, Washtenaw County Circuit Court, entered on the 7th day of June, 1974 A. D., under Case No. 72-9989-DX, which order provided that the plaintiffs should live with each other at all times Karen Travis (later Limauro) became ill or was hospitalized, causing plaintiffs to be deprived of approximately 350 days of court-ordered visitation.

9. Commencing on or about the 27th day of July, 1976 A. D., Defendant Siegel stated repeatedly to your plaintiff, Leigh Travis, that his son, plaintiff Brent Travis, was "seeing too much" of his father, and that she believed the "mother/child" bond was most important, when there was no basis for these statements, either scientifically, medically, constitutionally, or in fact and that said statements caused plaintiff Leigh Travis mental anguish, humiliation, and great pain and suffering.

10. On or about the 25th day of October, 1976 A. D., defendant Joseph Limauro, did state to plaintiff Leigh Travis, "I will fight you all the way" for custody of the plaintiff, Brent Travis, notwithstanding the fact that the minor child's mother was alive at that time and bearing in mind that MCLA 722.25 stands for the proposition that the natural parents are the presumptive best parties to have custody of the minor child and that said statements were in contravention of the laws and statutes of this state and of the United States, and these reckless and irresponsible statements caused your plaintiffs mental anguish, humiliation, and great pain and suffering.

11. That on or about the 31st day of October, 1976 A. D., and at numerous occasions thereafter, the defendant, Joseph Limauro, told the plaintiff, Brent Travis, then seven (7) years old, to call the defendant, Joseph Limauro, "Daddy Joe," thereby causing said plaintiff, Brent Travis, great confusion, anxiety and mental pain.

12. From approximately October 31, 1976, A. D., until the present time, defendant Joseph Limauro has acted to confuse plaintiff Brent Travis' love, affection, and respect of his father, plaintiff Leigh Travis, by stating to Brent that "your father is not a good parent," by depreciating plaintiff Leigh Travis' intellectual abilities, and by attempting to duplicate some of the features of the lifestyle of plaintiff Leigh Travis, causing confusion in Brent's mind and alienation of Brent's affection for his father.

13. On March 3, 1977, A.D., in an affidavit, defendant Siegel submitted her opinion to the Michigan Court to reduce visitation, representing this opinion as her own and that of "the entire therapeutic team" at Children's Psychiatric Hospital, from two (2) times a week to one eight-hour period per week, with no overnight visits, and from six (6) weeks to three-weeks summer vacation, causing a reduction of over 50% of the previous court-ordered visitation.

14. On March 27, 1978 A. D., and on numerous other times, defendant Joseph Limauro refused to allow the plaintiff, Leigh Travis, to see plaintiff Brent Travis' school work in violation of State and Federal Law and to the ultimate detriment of the minor child.

15. From approximately April 2 to April 10, 1978, A. D., defendants Joseph Limauro and Peterson kept the plaintiffs apart by refusing to allow the court-ordered Easter vacation visitation for no judicially recognized reason.

16. About February, 1979 A. D., and several times subsequent thereto, the defendant Joseph Limauro stated to plaintiff, Brent Travis, then nine (9) years old, that he would adopt Brent, causing great mental pain and anguish to Brent and his father, and causing hospitalization of plaintiff, Leigh Travis, for depression.

17. On March 12, 1979 A. D., defendant Siegel gave testimony in Court in support of a Petition for Order Prohibiting Release of School Records Pertaining to the Minor Child (Brent Travis)," filed by defendant Westerman, which Order was granted March 26, 1980, A. D., causing concern, worry, and emotional distress to the plaintiffs.

18. From June to August, 1979 A. D., defendants Joseph Limauro and Peterson refused to permit the plaintiffs court-ordered visitation on June 5, 6, 14, 17, 28, and 29, and by removing Brent Travis from Washtenaw County for the month of July, 1979, A. D.

19. On August 6, 1979, A. D., defendants Limauro and Peterson refused court-ordered visitation.

20. From August 16, 1979 A. D., to June 16, 1979, A. D., defendants Joseph Limauro and Peterson, contumaciously disregarding the father-son relationship of plaintiffs, moved plaintiff Brent Travis, who had lived in Ann Arbor, Michigan, his entire life, to Petoskey, Michigan, and prevented the plaintiffs from seeing each other for all but seven (7) days, a loss of 83% of their previous court-ordered visitation.

21. That on or about October 23, 1979, A. D., Brent's grandfather's birthday, and October 24, 1979, A. D., Brent's sister's birthday, defendants Limauro and Peterson prevented visitation of the plaintiffs by removing Brent Travis from the State of Michigan, and prevented visitation Labor Day, Thanksgiving, and Christmas, 1979 A. D., all of which was done for no judicially recognizable reason.

22. That on or about January 8, 1980 A. D., defendant Westerman, representing Karen Travis (Limauro), now deceased, did transmit a letter to plaintiff Leigh Travis which illegally and unilaterally attempted to modify existing court-ordered visitation, by wrongfully demanding that all requests for visitation be processed through attorney Westerman, and subsequently thereto all visitation ceased.

23. That on or about April 30, 1980 A. D., when Karen Travis (Limauro) died in the University of Michigan Hospital, defendants Joseph Limauro, Harry Limauro, and Peterson failed and refused to notify plaintiff Leigh Travis of the death of his ex-wife to prevent him from assuming full legal custody and physical possession of his son, plaintiff Brent Travis, as recognized by law.

24. That on or about May 2, 1980, A. D., defendant Elliott, who joined the conspiracy and adopted it as her own, interviewed Brent Travis two (2) days after his mother's death and on the day before her funeral, which greatly upset plaintiff Brent Travis. See "Exhibit A" attached hereto.

25. That on or about May 2, 1980, A. D., defendants Joseph Limauro, Harry Limauro, Peterson, and Elliott prepared an illegal and false petition falsely describing the mental condition and "best interests" of plaintiff, Brent Travis, claiming falsely therein that Brent was "without proper guardianship," falsely intimating an unspecified offense against the Child Abuse Laws of Michigan by plaintiff, Leigh Travis, intimating falsely that plaintiff, Leigh Travis, the father, was not available and not a suitable person to take care of his son, plaintiff Brent Travis, and misrepresenting that plaintiff Leigh Travis was responsible for his son's alleged neglect and injury, although defendant Elliott knew that defendants Joseph Limauro and Peterson were responsible for the mental injury of plaintiff Brent Travis. See "Exhibit B," dated May 2, 1980, attached hereto.

26. Later on or about May 2, 1980, A. D., defendant Elliott falsely and illegally petitioned the Juvenile Division of Probate Court, Emmet County, Michigan, which she knew did not have jurisdiction, to award guardianship of Brent Travis to defendants Joseph Limauro and Peterson, committed perjury and stated that Brent was "without proper guardianship."

27. That on or about May 2, 1980, A. D., defendant Murphy, absent jurisdictional authority and knowing plaintiff Leigh Travis should have had prior notice, heard defendant Elliott's petition, ignored the jurisdiction of Washtenaw County, awarded temporary custody to Joseph Limauro and Peterson, observed that plaintiff Leigh Travis should be notified and failed to order this notification, depriving plaintiff Leigh Travis of the right to be heard and give testimony.

28. That on or about May 2, 1980, A. D., defendant Justis, joining the conspiracy and adopting it as his own, accepted from defendant Murphy the position of "Guardian ad litem."

29. That on or about May 3, 1980, A. D., defendant Joseph Limauro threatened plaintiff Leigh Travis in an effort to keep plaintiff from seeing his minor child.

30. That on and before May 5, 1980, A. D., defendants Joseph Limauro, Harry Limauro, Peterson and Justis, concealed and harbored Brent Travis from his father so that his father could not recover physical possession of his son, and further defendant Justis refused to honor the Washtenaw County Circuit Court Order giving custody of Brent Travis to his father, plaintiff Leigh Travis.

32. That on and before May 5, 1980, A. D., defendants Joseph Limauro and Peterson, with defendant Burns, who had joined the conspiracy and adopted it as his own, prepared a specious "Complaint" under the Child Custody Act of Michigan (See "Exhibit C" attached hereto), which was illegally notarized by defendant Burns, and made perjured statements contradictory to those in Exhibits "A" and "B."

33. Later on May 5, 1980, A. D., defendant Murphy refused to recognize the legal jurisdiction of the Washtenaw Circuit Court order giving custody of plaintiff, Brent Travis, to his father, refused to hold the previously scheduled public hearing on defendant Elliott's petition for guardianship, saw defendant Burns in chambers, with no court reporter present, adjourned the May 5, 1980, A. D., hearing to May 8, 1980, A. D., refused to make arrangements for the plaintiffs, who had been separated for four (4) months, to see each other, denying plaintiffs speedy justice, all to the detriment of the minor child.

34. That on or about May 6, 1980, A. D., defendant Burns obtained from defendant Breighner, who joined the conspiracy and adopted it as his own, in an Ex-Parte hearing with no notification to plaintiff Leigh Travis or his lawyer, an "Ex-Parte Restraining Order and Order of Possession," which order was illegally and unconstitutionally marked "Not to be served, information only," by the defendant John A. Doe, who joined the conspiracy and adopted it as his own (See "Exhibit D," attached hereto), to prevent plaintiffs and their lawyer from having any knowledge of the "Restraining Order and Order of Possession," and it was maliciously not served on plaintiff Leigh Travis so as to deprive him of his right to be heard.

35. That on or about May 7, 1980, A. D., defendant Justis, who had willfully refused to advise plaintiff Leigh Travis of his son's whereabouts, which defendant, Justis, knew, limited the reunion of plaintiffs Leigh Travis and Brent Travis to 15 minutes, contrary to the lawful order of the Washtenaw County Circuit Court, contrary to all human decency and contrary to the 8th Amendment's prohibition against "cruel and unusual punishment."

36. That on or about May 7, 1980, A. D., defendant Westerman, joining the conspiracy and adopting it as her own. appeared before the Washtenaw County Circuit Court and filed a "Motion to Dismiss Defendant's Petition for Emergency Ex-Parte Injunction and Order to Show Cause," and on May 14, 1980, A. D., filed a "Brief in Support of Motion to Dismiss," causing hurtful and unnecessary delays of the reunion of plaintiff Leigh Travis and his son.

37. That on or about May 9, 1980, A. D., defendant Parrott, joining the conspiracy and adopting it as her own, met with plaintiff Leigh Travis, who demanded that he be given his son, according to the Washtenaw County Court Order, failed and refused to terminate the Emmet County Court Orders, which she was empowered to do, and permitted them to continue, knowing that she and the Emmet County Probate Court lacked jurisdiction in the matter, and knowing that Washtenaw County had jurisdiction.

38. That on or about July 16, 1980, A. D., defendant Justis filed a recommendation for limited visitation between the plaintiffs in Washtenaw County and on July 16, 1980, A. D., defendant Judge Breighner ordered such visitation.

39. That on or about July 25, 1980, A.D., during a visitation between the plaintiffs, defendant Limauro, absent a court order, submitted the plaintiff, Brent Travis, for a psychiatric examination thereby causing plaintiff Brent Travis confusion and mental anguish.

40. That on or about January 12, 1981, A. D., defendant Breighner, in consultation with defendant John B. Doe, who joined the conspiracy and adopted it as his own, of Chip Counseling Services of Petoskey, Michigan, ordered visitation reduced to one (1) eight-hour period per month to be located in Petoskey, Michigan, approximately 240 miles from plaintiff Leigh Travis' residence, causing visitation requirements to be intolerable and unworkable by subjecting plaintiff, Brent Travis, to psychological examinations before and after each visit for no judicially recognizable reason.

41. That on or about January 18, 1981, A. D., defendant Parrott filed a false and incorrect report to cause, and which caused, further denial of visitation and prevented Plaintiff Leigh Travis from obtaining legal custody of his son, Brent Travis.

42. That on or about January 19, 1981, A. D., defendant Justis, with no professional qualifications for such a recommendation, filed a report in Emmet County recommending that defendant, Joseph Limauro, be given custody of plaintiff Brent Travis.

43. That on the weekend of September 2, 1981, A. D., on a visit to Ann Arbor, Michigan, and at other times, defendant Joseph Limauro prevented plaintiff Brent Travis from communicating with his father, an Ann Arbor resident, thereby further causing alienation and destruction of the father-son identification and a loss of affection from Brent Travis to his father.

44. That since August, 1980, A. D., defendants Joseph Limauro, Harry Limauro, Peterson, Burns, Parrott, Murphy and Breighner, have prevented and denied any visitation between plaintiffs for no judicially recognizable reason.

45. The overt acts of omission and/or commission of the defendants, each and every one of them, as described in the foregoing paragraphs above, constitute cruel and unusual punishment, the denial of the right of plaintiffs to associate, the harboring of plaintiff Brent Travis, the taking and detaining of plaintiff Brent Travis against his will to conceal and keep him from his father in involuntary servitude, the intentional infliction of great emotional stress on the plaintiffs, use of the mails to defraud, the denial of due process of the law to the plaintiffs, and the denial of equal protection of the law to the plaintiffs under the color of laws, forbidden by Title 18, U. S. Code Sections 372, 1341, 1581, and 1621, and Title 42, U. S. Code Sections 1983, 1985, and 1986, and the child abuse laws of Michigan.

46. The overt actions of omission and/or commission of the defendants, each and every one of them, described in the foregoing paragraphs above, have caused great mental pain, embarrassment, humiliation, mortification and mental anguish to both plaintiffs and resultant physical pain and injury, have caused plaintiff, Leigh Travis, to lose time from his profession and work, and forced him to expend great sums for physician's care, for legal services, and for transportation and other costs in attempts to obtain visitation with his child, and to communicate with him, all to the great damage to plaintiff Brent Travis in an amount in excess of One Million ($1,000,000.00) Dollars, and to plaintiff, Leigh Travis, in an amount in excess of Five-Hundred Thousand ($500,000.00) Dollars.

47. Because of the collusion, overt acts malum in se of omission and/or commission by which defendants herein deliberately conspired to destroy the father-son identification and it appearing that the minor child will suffer permanent, irreparable harm unless he is allowed to live with plaintiff father, Leigh Travis, and reestablish the father-son relationship, and this Court, taking Judicial Notice of MCLA 722.25 in which Michigan Law recognizes that it is in the presumptive best interests of the minor child to remain with the natural, biological parent, and plaintiff Leigh Travis is the only living biological parent of plaintiff Brent Travis: the interest of these parties are only best served by this Honorable Court issuing an Ex-Parte Order giving custody of plaintiff Brent Travis, to the plaintiff father, Leigh Travis, so as to prevent further subversion of the plaintiffs' constitutional rights, and to restrain the defendants from interfering with, harassing, intimidating, harboring or acting under color of laws to subvert plaintiffs' rights, and to schedule a hearing forthwith to determine the permanence of said Ex-Parte Order as it would be in the best interests of the parties to do so.

DEMAND FOR JURY TRIAL

That pursuant to FRCP 38(B) and the Seventh Amendment if the United States Constitution, the plaintiffs demand a trial by jury on all issues so triable.

WHEREFORE, plaintiffs request this Court:

A. To impanel a petite jury, and award plaintiff, Brent Travis, the sum of One Million ($1,000,000.00) Dollars in punitive and/or exemplary damages from the defendants, jointly and severally, and award plaintiff Leigh Travis the sum of Five Hundred Thousand ($500,000.00) Dollars in compensatory damages and the sum of Five Hundred Thousand ($500,000.00) Dollars in punitive and/or exemplary damages from the defendants, jointly and severally.

B. Permanently enjoin the defendants, and their employees, agents, associates and successors, from further action under the color of state law, or privately, from interfering with, harassing, intimidating, harboring, or otherwise preventing the plaintiffs from living together, as father and son, as is their right.

C. Award plaintiffs their costs and disbursements in this action, and legal fees, or a reasonable sum in lieu of legal fees.

D. Declare the actions of defendants Murphy and Breighner, judges of the Emmet County Courts, null and void, and with no effect, and to be stricken from the records of the Emmet County Courts, and that the only legal and actual parent and guardian of Brent Travis is the plaintiff, Leigh Travis, and that any further interference with the father-son relationship will be considered contempt of Court; and

E. That your plaintiffs may have all such other and further relief in the premises as to this Honorable Court may seem just and proper and as should be agreeable to the equity and good conscience of this Court.

Respectfully submitted,

by:_____________________________

Leigh Travis/Pro Se/Plaintiff

and as father, next friend

natural guardian and sole parent

of Plaintiff, Brent Travis

861 Honey Creek Drive

Ann Arbor, Michigan 48103

(313) 994-7883