Posted on 09/08/2005 6:18:32 PM PDT by Aussie Dasher
Months after her death by court-ordered dehydration, the Justice Department has ordered an investigation of a complaint alleging discrimination against Terri Schiavo under the Americans with Disabilities Act or the Rehabilitation Act.
The Justice Department's Disability Rights Section directed the Office for Civil Rights of the Department of Health and Human Services in July to conduct the probe, reported the Empire Journal, an Internet news site that has published numerous investigative stories on the Schiavo case.
Schiavo died March 31 at age 41 at Woodside Hospice in Pinellas Park, Fla., after her estranged husband Michael Schiavo obtained judicial approval to remove her nutrition and hydration.
The eight-page complaint was filed by a New York special education teacher several days before Schiavo died, but the Justice Department claims it did not receive it until April 5, Empire Journal said.
Danielle P. Miller of Central Islip High School in Suffolk County served copies of the complaint to President Bush, Florida Gov. Jeb Bush, Florida Attorney General Charlie Crist, secretary of the Department of Children and Families Lucy Hadi and numerous other state and federal officials.
Miller named judges involved in the case as defendants, including Florida 6th Circuit Judge George Greer, members of the Florida Supreme Court, the U.S. Court of Appeals 11th Circuit and the U.S. Supreme Court.
The complaint alleges Florida 6th Circuit Judge Thomas Penick Jr. failed to enforce his own orders for Michael Schiavo to provide appropriate care as his wife's guardian. Also named was Judge W. Douglas Baird, who struck down Terri's Law in 2004, ruling that legislation designed to save Terri Schiavo's life was unconstitutional.
Miller presents a long list of alleged civil rights violations against Schiavo, including her inability to obtain a divorce.
The complaint also alleges neglect and refusal of medical care and therapy by Michael Schiavo as her guardian.
Miller argues that even if Michael Schiavo's claim that his wife did not want to be kept alive by "artificial means" is true, the law did not regard a feeding tube as artificial at the time she became incapacitated.
Therefore, the complaint says, she did not have informed consent. Miller also points out that, according to the law, she would have had to be mentally competent to make that decision.
"The rulings of the Florida courts and the subsequent hands off attitude of the appellate courts and the federal courts are a travesty of justice an abortion of human ethics," the complaint asserts.
The Empire Journal said there is no indication how long it will take HHS to investigate the complaint.
In 1995, HHS initiated collection procedures against Hospice of Florida Suncoast, the owner and operator of Woodside Hospice, where Terri Schiavo died.
The federal agency sought to recover $14.8 million which it contends was unlawfully paid to the hospice as a result of fraudulent claims made for Medicare reimbursement for patients that were not terminally ill, including Terri Schiavo.
The most recent HHS annual report, filed Dec.31, 2004, shows the agency has initiated collection procedures against Florida Suncoast.
One can only hope in our lifetime we'll see the Justice. I somehow think though, that it will be God that mets it out.
Too late. Where was the effort when Terri was still alive?
I hope the hospice gets the 'real justice' it deserves. It is far too late for Terri. This step should have been taken more than three years ago. In fact, I mentioned taking this very step in a post about six months before Terri died. Why the parents lawyers did not raise the issue is beyond me. But nobody listens to me anyway. I'm just a geezer in Oregon.
It is too late for justice for Terri, but I pray it is not too late for justice for those involved in killing her. My heartfelt thanks to this woman who filed the complaints. Just like 9-11, we must never forget!
Good but so sad.
I certainly hope so.
...too little too late...
Time for a little showboating...
Thank you for providing this news.
They're in trouble now. The federal government can bankrupt just about anybody with court costs on a case like this.
I meant to add - LEGAL costs
My thoughts too. Investigate and let the chips fall where they may.
The complaint alleges Florida 6th Circuit Judge Thomas Penick Jr. failed to enforce his own orders for Michael Schiavo to provide appropriate care as his wife's guardian. Also named was Judge W. Douglas Baird, who struck down Terri's Law in 2004, ruling that legislation designed to save Terri Schiavo's life was unconstitutional.
What is astounding is that JUDGES are named in the suit! Normally, they are immune from lawsuits and prosecutions when they make rulings. This is going to be a spectacular lawsuit!
Dear God, I pray some heads will roll.
Way too little, way too late. I hope I'm wrong, but I expect this to end up like the investigation done by Crist or whatever his name is - the FL AG, I think he is - was asked to investigate what happened to her initially.
The case is moot. The fraud claim against the hospice is a different matter.
I was in touch with some big wig at HHS numerous times
in the months prior to Terri's murder.
They can't claim they didn't know about her abuse!
This is the Justice Dept... all lawyers and judges.. and do you think they will really find against another lawyer or judge?
I pray to God this case makes a big huge impact!!!!
If it doesn't, we need to push for a federalized ban on situations like Terri where it's CLEARLY MURDER FOR HIRE.
Another Terri link re: HHS Probe PING!
1. This is to either validate all the corrupt judges and say they followed the law which is B.S. or 2. The administration is now willing to throw someone like Judge Greer overboard to save the GOP. 3. Florida has been a red state for awhile. It's neither red or blue at the moment.
They KNEW Les. But, if they say "unfoumded", we know they are doing a coverup (I hope not). The GOP may not survive the war, the hurricane and the martyring of Terri by a Republican Judge or 2 or 3, by the Florida Senate with aiding and abetting by local law enforcement. DOJ stopped the rescue to begin with. I think maybe DOJ is trying to put this on HHS to get themselves out of hot water. Gonzales doesn't want the world to know that he stopped the rescue and I'm tired of keeping this to myself. FV
If I get a home visit, I'll let you know. Florida Terri supporters get those.
http://www.tuscaloosanews.com/apps/pbcs.dll/article?AID=/20050909/APN/509090912&cachetime=3&template=dateline
BTTT
Very Interesting!!
Teri's death was MURDER!
THIS IS A CLEAR CASE OF STATE ORDERED MURDER!
I called them several times to report the abuse. They hung up on me a few times, but I kept calling back.
Me, too! P.S. See you at the Freeper tailgate picnic tomorrow?
Yes! Good riddance to Sandra Day O'Connor. I hate to get my hopes up and then have them dashed to pieces but still it looks good that two vacancies are to be filled - and Judge Roberts surely is pro life.
I pray to God this case makes a big huge impact!!!!
This case will go nowhere so fast it will make your head pin. DOA.
pin = spin
Thanks for everything you tried to do to save Terri. Now we are hoping for justice and to prevent what happened to Terri from happening to anyone else. I wonder how the Schindler's are doing.
I pray that it will.
Many of the people who pushed for Terri's murder had no real interest in whether she lived or died. She was just their tool in paving the way for the murders they want to commit. They're tired of seeing their inheritance wasted on relatives they no longer have any use for. That's why they want Terri's murder to stand as law. If it has the opposite effect, and laws are written to prevent the murder of disabled people, they'll be out a lot of money. Keep up the good fight, and don't let the bastards get you down.
Judge Greed's Chambers are a stone's throw away from the hotel where the Clearwater Bar holds their mtgs and the church's attorneys gave him an award for killing Terri.
Eventually, there will be a REAL investigation. That's why I'm still here and you are still here but with opposing views.
I'm thinking 2008.
http://www.judgegeorgegreer.com
LURKERS AND FREEPERS, google LISA MACPHERSON. She had a horrific DEATH. Lisa was first. (a quick look back would help illustrate why it was so easy for Terri to be bumped off in Pinellas County). Members of the gop in Pinellas County believe in spaceships and cleansing ceremonies but attend their regular services too.
If all the folks at the Vigil would have known her death was a done deal the Monday after Easter, what would they have done? Well, folks, know it now.
See 39.
Mainstream media lurkers, please see #39. Take it or leave it.
Mainstream media lurkers, #40 too.
Bbutttt... Sandra Day says poor judgiepoo and his judicial tyranny club is being scared by us meanies like little Joshua.
Killing people as a profession is a hard job and threats make poor judge nervous.
THE JUDGES ARE TAKING THIS "SUPREME" THING TOO SERIOUSLY. They want dominance over the Congress and the President. Want? They've already achieved that. I HOPE JOHN ROBERTS breaks the mold.
It looks like many of the defendants will be judges - am I reading this right? What can be done to them? Is Justice still filled with Clinton people?
I preferred Diana Ross and the Supremes. At least they didn't trump the Executive and Legislative and the Constitution.
8mm
Diana Ross and the Supremes: STOP! In the Name of Love, before you break my heart. The supremes don't even have hearts.
Don't be so sure. Roberts worked pro-bono to overturn a no
special rights for homosexuals measure passed by Colorado
citizens in the early 1990s.
REMINDER TO SELF. THIS IS THE TERRI DAILIES THREAD FOR SEPTEMBER OF 2005. There's still a lot of activity on the ten year old hero who tried to help Terri thread.
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