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.
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.
This isn't the Terri Dailies, my mistake. But, BTTT anyway. We'll know by the 2006 elections if this is a phony investigation or not. Red states are starting to fade in the light of day.
John Roberts was quizzed about "end of life" issues and from what I could gather, he seemed sympathetic to our cause.
What a lovely picture - in the sky.
Update?
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