Motion For Temporary Restraining Order
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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION PARR, individually, C.C.H. AND A.V.H., minor children, B/N/F MATTHEW PARR, Plaintiffs, v.
§
§ § §
§ SHARON SIGALAS, individually, § and in her official capacity as Judge of the Youth Court of Jackson County, YOUTH COURT OF JACKSON COUNTY MISSISSIPPI, MISSISSIPPI DEPARTMENT OF HUMAN SERVICES, JILL PATRICE JONES, individually, TERRELL H. JONES, individually, CYNTHIA WILSON, in her official capacity as Administrator of the Youth Court of Jackson County, MICHAEL BRELAND, in his official capacity as prosecutor for the Youth Court of Jackson County, HARRISION COUNTY SCHOOL DISTRICT, ELMER MULLINS, in his official capacity as principal of D'Iberville High School and agent or employee of the Harrison County School District, HARRISON COUNTY SHERIFF'S DEPARTMENT, VAN MCCLENDON, Individually, and in his official capacity as deputy sheriff of the Harrison County Sheriffs Department, MATT MATTHEWS, in his official capacity as supervisor of the Mississippi Department of Human Services, LAURA TAYLOR, in her official capacity as clerk of the Youth Court of Jackson County, LENA PARKER, individually, and in her Official capacity
CASE NUMBER: SA09CA0411 XR
as social worker for the Mississippi Department of Human Services, LARRY ELLIS, individually, COURTNEY GIBBS, in her capacity as an agent of the Mississippi Department of Human Services, Defendants,
§
EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION COMES NOW, the Plaintiffs, Matthew Parr, individually and A.V.H., B/N/F Matthew Parr, in the above-styled and numbered matter, and respectfully moves this court pursuant to Rule 65, for entry of an immediate temporary restraining order entered upon the pleadings and thereafter, a preliminary injunction, entered following the requisite hearing, restraining Defendant, Jill Patrice Jones, hereinafter referred to as Defendant, from administering, possessing, or requiring the ingestion of any medication, not ordered as medically necessary to C.C.H. and A.V.H., by a licensed medical provider, and from coercing, threatening or implementing any consequence or punishment on said children for refusing to take any medication not medically necessary. In support of said Motions for immediate temporary restraining order entered upon the pleadings and thereafter, a preliminary injunction, entered following requisite hearing, Plaintiffs state as follows:
1. On one or more occasions as outlined in the above-styled and numbered Complaint, Defendant has coerced minor child A.V.H. to take against her will, prescription birth control pills through use of threats of social isolation and other consequences.
2. Plaintiffs C.C.H., age 16 and A.V.H., age 15, are competent and capable of asserting their right to refuse medical treatment in decisions that are non-life threatening independently of the State or its agents. 3. A.V.H. does not wish to take birth control pills because she is not currently sexually active. Her right to choose regarding contraception has been established in Roe v. Wade. 4. There is no lawful order by a Court in place nor any statutory authority which grants Defendant any right to require non-life saving medical treatment nor have the parental rights of Matthew Parr, granted by the 288th Judicial District Court in Bexar County Texas been terminated. No Court has found A.V.H. or C.C.H. to be incapable of making decisions regarding their own healthcare or restricting them from exercising their right to refuse treatment. 5. Defendant is a registered nurse and as such is required to know the content and requirements set forth in the Nurse Practice Act and the Rules and Regulations of the Board of Nursing for the State of Mississippi. 6. Plaintiffs have no alternative remedies at law or in equity. 7. The relief requested by Plaintiffs is necessary to protect Plaintiffs from substantial and irreparable injury from Defandant. 8. A narrowly drawn proposed temporary restraining order, which Plaintiffs seek to have entered immediately upon the pleadings is attached hereto. WHEREFORE, Plaintiff prays for the entry of the following orders: A. A temporary restraining order without Bond entered immediately upon the pleadings under the authority of Rule 65 of the Federal Rules of Civil Procedure.
B. An order providing for a prompt hearing date on Plaintiffs' Motion for Preliminary Injunction. C. A Preliminary Injunction enjoining Defendant Jill Patrice Jones from administering or requiring the administration of any medication to C.C.H. and A.V.H.
Respectfully submitted on the 26th day of May, 2009,
/ Matthew M. Parr, pro se. For Plaintiffs 2424 Gold Canyon Road, Apt 1617 San Antonio, TX 78259 Telephone: (210) 519-8344
Matthew Parr, pro se. For Plaintiffs 2424 Gold Canyon Road, Apt 1617 San Antonio, TX 78259 Telephone: (210) 519-8344 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION MATTHEW PARR, individually, C.C.H. AND A.V.H., minor children, B/N/F MATTHEW PARR,
§
Plaintiffs,
§ § § § §
v. SHARON SIGALAS, individually, and in her official capacity as Judge of the Youth Court of Jackson County, YOUTH COURT OF JACKSON COUNTY MISSISSIPPI, MISSISSIPPI DEPARTMENT OF HUMAN SERVICES, JILL PATRICE JONES, individually, TERRELL H. JONES, individually, CYNTHIA WILSON, in her official capacity as Administrator of the Youth Court of Jackson County, MICHAEL BRELAND, in his official capacity as prosecutor for the Youth Court of Jackson County, HARRISION COUNTY SCHOOL DISTRICT, ELMER MULLINS, in his official capacity as principal of D'Iberv ille High School and agent or employee of the Harrison County School District, HARRISON COUNTY SHERIFF'S DEPARTMENT, VAN MCCLENDON, Individually, and in his official capacity as deputy sheriff of the Harrison County Sheriffs Department, MATT MATTHEWS,
CASE NUMBER: SA09CA0411 XR
Page 1 of 3 - TEMPORARY RESTRAINING ORDER (PROPOSED)
in his official capacity as supervisor of the Mississippi Department of Human Services, LAURA TAYLOR, in her official capacity as clerk of the Youth Court of Jackson County, LENA PARKER, individually, and in her Official capacity as social worker for the Mississippi Department of Human Services, LARRY ELLIS, individually, COURTNEY GIBBS, in her capacity as an agent of the Mississippi Department of Human Services, Defendants,
TEMPORARY RESTRAINING ORDER (PROPOSED)
Based on Plaintiffs' Complaint and Motion for Temporary Restraining Order, the Court finds sufficient grounds for concluding that irreparable injury to Plaintiffs will likely occur absent entry of a temporary restraining order. Therefore, it is hereby ordered as follows: 1. Defendant Jill Patrice Jones is temporarily restrained from obtaining, possessing or administering directly or indirectly any prescription or over-the counter medication to minor children A.V.H. or C.C.H. 2. Defendant Jill Patrice Jones is temporarily restrained from initiating any conversation with minor children C.C.H. or A.V.H. concerning medical care or treatment. 3. This temporary restraining order shall expire in ten days unless it is extended for good cause shown by further order of this Court. 4. This temporary restraining order shall become effective immediately upon entry by the Court. Plaintiffs are not required to post a bond or other security.
Page 2 of 3 - TEMPORARY RESTRAINING ORDER (PROPOSED)
5. Hearing on Plaintiffs' Motion for Preliminary Injunction is set for 2009 at
DATED this
day of
, 2009
UNITED STATES DISTRICT COURT JUDGE
Submitted by: Matthew Parr, pro se. For Plaintiffs.
Page 3 of 3 - TEMPORARY RESTRAINING ORDER (PROPOSED)
§
§ § §
§ SHARON SIGALAS, individually, § and in her official capacity as Judge of the Youth Court of Jackson County, YOUTH COURT OF JACKSON COUNTY MISSISSIPPI, MISSISSIPPI DEPARTMENT OF HUMAN SERVICES, JILL PATRICE JONES, individually, TERRELL H. JONES, individually, CYNTHIA WILSON, in her official capacity as Administrator of the Youth Court of Jackson County, MICHAEL BRELAND, in his official capacity as prosecutor for the Youth Court of Jackson County, HARRISION COUNTY SCHOOL DISTRICT, ELMER MULLINS, in his official capacity as principal of D'Iberville High School and agent or employee of the Harrison County School District, HARRISON COUNTY SHERIFF'S DEPARTMENT, VAN MCCLENDON, Individually, and in his official capacity as deputy sheriff of the Harrison County Sheriffs Department, MATT MATTHEWS, in his official capacity as supervisor of the Mississippi Department of Human Services, LAURA TAYLOR, in her official capacity as clerk of the Youth Court of Jackson County, LENA PARKER, individually, and in her Official capacity
CASE NUMBER: SA09CA0411 XR
as social worker for the Mississippi Department of Human Services, LARRY ELLIS, individually, COURTNEY GIBBS, in her capacity as an agent of the Mississippi Department of Human Services, Defendants,
§
EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION COMES NOW, the Plaintiffs, Matthew Parr, individually and A.V.H., B/N/F Matthew Parr, in the above-styled and numbered matter, and respectfully moves this court pursuant to Rule 65, for entry of an immediate temporary restraining order entered upon the pleadings and thereafter, a preliminary injunction, entered following the requisite hearing, restraining Defendant, Jill Patrice Jones, hereinafter referred to as Defendant, from administering, possessing, or requiring the ingestion of any medication, not ordered as medically necessary to C.C.H. and A.V.H., by a licensed medical provider, and from coercing, threatening or implementing any consequence or punishment on said children for refusing to take any medication not medically necessary. In support of said Motions for immediate temporary restraining order entered upon the pleadings and thereafter, a preliminary injunction, entered following requisite hearing, Plaintiffs state as follows:
1. On one or more occasions as outlined in the above-styled and numbered Complaint, Defendant has coerced minor child A.V.H. to take against her will, prescription birth control pills through use of threats of social isolation and other consequences.
2. Plaintiffs C.C.H., age 16 and A.V.H., age 15, are competent and capable of asserting their right to refuse medical treatment in decisions that are non-life threatening independently of the State or its agents. 3. A.V.H. does not wish to take birth control pills because she is not currently sexually active. Her right to choose regarding contraception has been established in Roe v. Wade. 4. There is no lawful order by a Court in place nor any statutory authority which grants Defendant any right to require non-life saving medical treatment nor have the parental rights of Matthew Parr, granted by the 288th Judicial District Court in Bexar County Texas been terminated. No Court has found A.V.H. or C.C.H. to be incapable of making decisions regarding their own healthcare or restricting them from exercising their right to refuse treatment. 5. Defendant is a registered nurse and as such is required to know the content and requirements set forth in the Nurse Practice Act and the Rules and Regulations of the Board of Nursing for the State of Mississippi. 6. Plaintiffs have no alternative remedies at law or in equity. 7. The relief requested by Plaintiffs is necessary to protect Plaintiffs from substantial and irreparable injury from Defandant. 8. A narrowly drawn proposed temporary restraining order, which Plaintiffs seek to have entered immediately upon the pleadings is attached hereto. WHEREFORE, Plaintiff prays for the entry of the following orders: A. A temporary restraining order without Bond entered immediately upon the pleadings under the authority of Rule 65 of the Federal Rules of Civil Procedure.
B. An order providing for a prompt hearing date on Plaintiffs' Motion for Preliminary Injunction. C. A Preliminary Injunction enjoining Defendant Jill Patrice Jones from administering or requiring the administration of any medication to C.C.H. and A.V.H.
Respectfully submitted on the 26th day of May, 2009,
/ Matthew M. Parr, pro se. For Plaintiffs 2424 Gold Canyon Road, Apt 1617 San Antonio, TX 78259 Telephone: (210) 519-8344
Matthew Parr, pro se. For Plaintiffs 2424 Gold Canyon Road, Apt 1617 San Antonio, TX 78259 Telephone: (210) 519-8344 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION MATTHEW PARR, individually, C.C.H. AND A.V.H., minor children, B/N/F MATTHEW PARR,
§
Plaintiffs,
§ § § § §
v. SHARON SIGALAS, individually, and in her official capacity as Judge of the Youth Court of Jackson County, YOUTH COURT OF JACKSON COUNTY MISSISSIPPI, MISSISSIPPI DEPARTMENT OF HUMAN SERVICES, JILL PATRICE JONES, individually, TERRELL H. JONES, individually, CYNTHIA WILSON, in her official capacity as Administrator of the Youth Court of Jackson County, MICHAEL BRELAND, in his official capacity as prosecutor for the Youth Court of Jackson County, HARRISION COUNTY SCHOOL DISTRICT, ELMER MULLINS, in his official capacity as principal of D'Iberv ille High School and agent or employee of the Harrison County School District, HARRISON COUNTY SHERIFF'S DEPARTMENT, VAN MCCLENDON, Individually, and in his official capacity as deputy sheriff of the Harrison County Sheriffs Department, MATT MATTHEWS,
CASE NUMBER: SA09CA0411 XR
Page 1 of 3 - TEMPORARY RESTRAINING ORDER (PROPOSED)
in his official capacity as supervisor of the Mississippi Department of Human Services, LAURA TAYLOR, in her official capacity as clerk of the Youth Court of Jackson County, LENA PARKER, individually, and in her Official capacity as social worker for the Mississippi Department of Human Services, LARRY ELLIS, individually, COURTNEY GIBBS, in her capacity as an agent of the Mississippi Department of Human Services, Defendants,
TEMPORARY RESTRAINING ORDER (PROPOSED)
Based on Plaintiffs' Complaint and Motion for Temporary Restraining Order, the Court finds sufficient grounds for concluding that irreparable injury to Plaintiffs will likely occur absent entry of a temporary restraining order. Therefore, it is hereby ordered as follows: 1. Defendant Jill Patrice Jones is temporarily restrained from obtaining, possessing or administering directly or indirectly any prescription or over-the counter medication to minor children A.V.H. or C.C.H. 2. Defendant Jill Patrice Jones is temporarily restrained from initiating any conversation with minor children C.C.H. or A.V.H. concerning medical care or treatment. 3. This temporary restraining order shall expire in ten days unless it is extended for good cause shown by further order of this Court. 4. This temporary restraining order shall become effective immediately upon entry by the Court. Plaintiffs are not required to post a bond or other security.
Page 2 of 3 - TEMPORARY RESTRAINING ORDER (PROPOSED)
5. Hearing on Plaintiffs' Motion for Preliminary Injunction is set for 2009 at
DATED this
day of
, 2009
UNITED STATES DISTRICT COURT JUDGE
Submitted by: Matthew Parr, pro se. For Plaintiffs.
Page 3 of 3 - TEMPORARY RESTRAINING ORDER (PROPOSED)
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