California Coalition for Families and Children April 16, 2014 Mr. Eric Holder

California Coalition for Families and Children
4891 Pacific Hwy., Ste. 102
San Diego, CA 92110
[email protected]
D: 858.504.0171
April 16, 2014
Mr. Eric Holder
United States Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Federal Tort Claims Act Claim Against Ms. Laura Duffy, United States
Attorney, Southern District of California, by California Coalition for
Families and Children, PBC, Colbern C. Stuart, III; United States District
Court, Southern District of California, Case No. 13-cv-1944 CAB (BLM)
Dear Mr. Holder:
I write to alert you of a claim presented yesterday pursuant to 28 U.S.C. § 1346(b)
regarding Ms. Laura Duffy, United States Attorney, Southern District of California. I
enclose a copy of the complete claim form and attachments.
This claim is premised on violations of 42 U.S.C. § 1986 and Bivens v. Six
Unknown Named Agents, 403 U.S. 388 (1971). Ms. Duffy and unknown attorneys and
personnel within the United States Attorney’s Office are alleged to maintain policies and
practices in violation of Claimants’ rights to equal protection under the Constitution and
Laws of the United States. Such policies and practices within the United States
Attorney’s Office have and continue to cause, allow, or fail to prevent deprivation of the
Claimants’ rights as members of each EQUAL PROTECTION CLASS defined in the
Amended Complaint, causing injury therein.
I am the individual claimant and President of claimant California Coalition for
Families and Children. California Coalition has filed a lawsuit in United States District
Court for the Southern District of California entitled California Coalition for Families
and Children et al. v. San Diego County Bar Association et al., United States District
Court, Southern District of California Case No. 13-cv-1944 which details the allegations
underlying this claim. A copy of the First Amended Complaint in this matter and key
exhibits thereto is enclosed.
This claim alleges that Ms. Duffy and others within her office maintain policies
depriving a class of citizens of violation of Equal Protection of the Laws. Ms. Duffy has
enacted, maintained, and enforced these policies by failing to prosecute Family Court
judges, attorneys, social workers, and law enforcement who are within the U.S.
Attorney’s Office jurisdiction for their violations of civil rights laws protecting families
and children. Families are a class—a class that has been identified under federal and
California state law as entitled to the highest protection from discriminatory laws,
policies, procedures, and customs. But rather than treating families with the special
care required under state and federal law, California color of law actors regularly treat
them—in the words of California’s former Supreme Court Chief Justice Ronald George—
as “second-class” citizens, depriving families of the rights, privileges, and immunities
extended to all other California citizens. See Elkins v. Superior Court, 41 Cal. 4th 1337,
1368, 163 P.3d 160, 177 (2007).
Ms. Duffy’s policies in enforcement of the civil rights laws restraining state
officials facilitates and illegally tolerates those deprivations. We have observed a
distinctive failure of federal authorities to respond to meritorious claims of flagrant
illegal activity by state actors such as that detailed in the First Amended Complaint.
Prosecution for those crimes are within the jurisdiction of this District’s United States
Attorney, yet despite abundant evidence of illegal activity, no prosecutions have been
initiated, and those investigations we are aware of or have participated in have not
resulted in initiation of formal criminal or civil action by the government.
With this failure to enforce the laws protecting families and children, suffering
continues unabated. The First Amended Complaint details the expansion of the illegal
criminal enterprises that have grown up around this permitted illegal behavior, and the
violence those enterprises have resorted to in protecting their commercial markets from
competition by healthier alternative service providers such as California Coalition. The
fallout is a deplorable and widespread exploitation of the futures and wealth of families
and children in the crisis of a domestic dispute—all under the nose of state and federal
officials with the power to prevent the same.
Our calls for assistance from state and local law enforcement have gone
unanswered. We have requested the assistance of federal law enforcement to date
without significant response. We are therefore proceeding with the enclosed claim to
begin the formal process for redressing the heinous crimes against our most vulnerable
citizens occurring undeterred within our District.
Thank you for your attention.
Colbern C. Stuart III
Colbern C. Stuart, III, J.D.,
President, California Coalition for
Families and Children
Ms. Laura Duffy, United States Attorney
United States Attorney’s Office
Southern District of California
California Coalition for Families and
Children, PBC Members