1

UNITED STATES DISTRICT COURT

2

WESTERN DISTRICT OF MISSOURI

3

SOUTHERN DIVISION DENNIS LAGARES JR, an individual and as next friend for K.L, a minor child and N.L., a minor child, and SHERRY LAGARES, an individual, Plaintiffs, vs. AARON KOEPPEN, individually and in official capacity; KENETH HAYDEN, individually and in official capacity; STEVEN B. JACKSON, individually and in official capacity, CHRISTINE HUTSON individually and in official capacity; ERIC HUTSON individually and in official capacity; HUTSON AND HUTSON LAW OFFICE individually and official capacity; The 26TH JUDICIAL CIRCUIT COURT OF MISSOURI JUDGES JOHN AND JANE DOE 1-12 individually and in official capacity; AMANDA ROLLINS COLGAN; SHAWN P. COLGAN JR.; SHAWNEE WOOD, Individually and in official capacity; RUTH O SCHULTE, individually and in official capacity; LAW OFFICE OF RUTH O SCHULTE; CISAR LAW FIRM; BARBARA VAN TINE, individually and in official capacity; BARBARA VANTINE LAW FIRM; JACK MILLER; MILLER LAW OFFICE, KRIS KOSTER, individually and in official capacity; MICKES, GOLDMAN, O’TOOLE LAW FIRM; THOMAS MICKES, individually, and official capacity; ERNIST TRAKAS, individually and in official capacity, MICHAEL CARTER, individually and in official capacity; PHILLIPS, MCELYEA, CARPENTER, AND WELCH P.C.; CHARLES MCELYEA, individually and in

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

COMPLAINT FOR DAMAGES 1. Civil Rights Act of 1871 (42 U.S.C. §§ 1983, 1985, 1986); 2. Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.); 3. Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.); 4. Child Abuse and Prevention and Treatment Act (42 U.S.C. § 67); 5. Whistleblower Protection Act of 1989 (5 U.S.C. § 1201 et seq.); 6. Racketeer-Influenced and Corrupt Organizations Act of 1970 (18 U.S.C. § 1961 et seq.), 7. Supplemental Missouri state law claims.

1

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 1 of 212

official capacity; JAMES BRAD YORK, individually and in official capacity; DEPUTY & MIZELL, L.L.C.; DAN MIZELL, individually and in official capacity; CHRIS RASMUSSEN, individually and in official capacity; O’NEIL AND O’NEIL LAW FIRM; ROBERT O’NEIL, individually and in official capacity; LYNNE BRAND individually and in official capacity; BRAND LAW FIRM PC; LOGAN BARBER individually and in official capacity; SUSAN BARBER individually and in official capacity KIDS HARBOR INC.; DIANA SEDERWALL, individually and in official capacity; CAMDEN COUNTY COMMISSION; CAMDEN; THOMPSON CENTER, UNIVERSITY OF MISSOURI; LEBANON R-III SCHOOL DISTRICT; TAMMY LUPARDUS, individually and in official capacity; KAREN DUGGER, individually and in official capacity; LYNETTE ARNALL, individually and in official capacity; REBECCA SIMPSON, individually and in official capacity; SHEILA MOORE, individually and in official capacity; DEBRA BURNS, individually and in official capacity; TRACY K.L.EIN, individually and in official capacity; DENISE MCINTOSH, individually and in official capacity; AMANDA FRAZIER, individually and in official capacity; KRISTINE WAPELHORST, individually and in official capacity; DUANE WIDHALM, individually and in official capacity; SHALYN HOWE, individually and in official capacity; KYRA CRABTREE, individually and in official capacity; ERICA YORK, individually and in official capacity; DONNA REEVES, individually and in official capacity; KRISSY JACKSON, individually and in official capacity; LEBANON R-III SCHOOL BOARD; LEBANON R-III ISTRATION; MISSOURI DEPARTMENT OF ELEMENTARY AND

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 2 of 212

SECONDARY EDUCATION; MISSOURI DEPARTMENT OF ELEMENTARY AND SECONDARY; SANDY DOREN M.A. L.P.C. LLC; Daylight Counseling LLC; DOUG DOREN, individually and in official capacity; SANDRA DOREN individually and in official capacity; GREG LINHARES; STATE OF MISSOURI, OFFICE OF THE STATE COURTS; GAIL THOMPSON, individually and in official capacity; CAMDEN COUNTY CIRCUIT CLERK JO MCELWEE, individually and in official capacity; DEPUTY CLERKS, DELORIS LANE, individually and in official capacity; CAMDEN COUNTY PROSECUTOR’S OFFICE; AARON KOEPPEN, individually and in official capacity; CAMDEN COUNTY SHERIFF’S OFFICE; DWIGHT FRANKLIN, individually and in official capacity; DONNA FORD STONE, individually and in official capacity; JAY NIXON, individually and in official capacity; MISSOURI DEPARTMENT OF SOCIAL SERVICES; MISSOURI DEPARTMENT OF SOCIAL SERVICES CHILDREN’S DIVISION MISSOURI DEPARTMENT OF SOCIAL SERVICES EMPLOYEES JOHN AND JANE DOE 120 individually and in official capacity; DANA PERKINS, individually and in official capacity; JUSTINA ROBINSON, individually and in official capacity; JENNIFER MORGAN, individually and in official capacity; SHARRON MIZER individually and in official capacity; CRYSTAL DECKARD individually and in official capacity; AMY ROZELL KILLION, individually and in official capacity; individually and in official capacity; ______ EVANS, individually and in official capacity; CASEY COX, individually and in official capacity; AMY DEGRAW, individually and in official capacity; DEE ANN DAVIS individually and in official capacity; BRANDI ROCK.L.EY individually and in official capacity;

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 3

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 3 of 212

CATHERINE WATSON, individually and in official capacity; BROOK D. MCCARRICK, individually and in official capacity; CANDICE SHILVERY individually and in official capacity; TIM DECKER, individually and in official capacity; CAMDENTON R-III SCHOOL; TIMOTHY HADFIELD, individually and in official capacity; CHRIS MCELYEA, individually and in official capacity; CAMDENTON R-III SCHOOL EMPLOYEES, AND CONTRACTED INDIVIDUALS JOHN/JANE DOE 1-20, individually and in official capacity; NICK COTTA individually and in official capacity; JENESSA DODSON individually and in official capacity; VIVINT ALARM SYSTEMS; CENTRAL BANK OF LAKE OF THE OZARKS; CENTRAL BANK MORTAGE; JEFFERSON CITY MISSOURI; SAMATHA ROLLINS BRYANT, individually and in official capacity; ALYSON SNYDER; individually and in official capacity; MIDWEST ASSESSMENT AND PSYCHOTHERAPY SOLUTIONS P.C.; DR. EMILY R. OLROYD, PSY.D, PLP, individually and in official capacity; ANGELA KING, PSY. D, individually and in official capacity; LACLEDE COUNTY SHERIFFS OFFICE; LACLEDE COUNTY COMMISSION; BEVERLY CHAPMAN individually and in official capacity; ANDREW WHITE, individually and in official capacity; THERESA LOWE, and DOES 1-100,

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Defendants 1

4

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 4 of 212

INTRODUCTION

1 2

1.

This is a complaint under the Civil Rights Act of 1871 (42 U.S.C. §§ 1983, 1985,

3

1986); the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.); the Rehabilitation

4

Act of 1973 (29 U.S.C. § 701 et seq.); the Child Abuse and Prevention and Treatment Act (42

5

U.S.C. § 67); the Whistleblower Protection Act of 1989 (5 U.S.C. § 1201 et seq.); and the

6

Racketeer-Influenced and Corrupt Organizations Act of 1970 (18 U.S.C. § 1961 et seq.), and

7

supplemental Missouri state law claims. Defendants, acting in conspiracy and enterprise, have

8

engaged in a pattern of illegal and discriminatory schemes to retaliate and discriminate against

9

Plaintiffs because of Plaintiffs’ exercise of and advocacy for protected activities and equal

10

protection status. The action seeks compensatory damages and injunctive relief. JURISDICTION AND VENUE

11 12

2.

This action is brought pursuant to the Constitution and laws of the United States,

13

specifically the Civil Rights Act of 1871 (42 U.S.C. §§ 1983, 1985, 1986); the Americans with

14

Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.); the Rehabilitation Act of 1973 (29 U.S.C. §

15

701 et seq.); the Child Abuse and Prevention and Treatment Act (42 U.S.C. § 67); the

16

Whistleblower Protection Act of 1989 (5 U.S.C. § 1201 et seq.); and the Racketeer-Influenced and

17

Corrupt Organizations Act of 1970 (18 U.S.C. § 1961 et seq.); and supplemental Missouri state

18

law claims.

19 20 21 22

3.

This Court has jurisdiction pursuant to 28 U.S.C. §§ 1331 (federal question),

1343(a) (civil rights), 1367(a) (supplemental), and 1443 (removal). 4.

Venue is proper within the United States District Court for the Western District of

Missouri, Southern Division under 28 U.S.C. § 1391(b)(1) and (2) as a one or more defendants

5

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 5 of 212

1

reside in this District, and the events described herein took place in Laclede, Miller, Phelps, Cole,

2

St. Louis, and Camden Counties, Missouri. BACKGROUND

3

4

5.

Plaintiffs are disabled United States citizens and their advocates who, in 2001,

5

prevailed in the Missouri Court of Appeals, obtaining a declaration that public schools are required

6

“assess the abilities” and to "maximize the capabilities" of children receiving special education

7

services, and not merely confer "some educational benefit" to students with disabilities. Lagares

8

v. Camdenton R-III School District, No. WD 59162, Decided December 18, 2001. Plaintiff Dennis

9

Lagares Jr was the child who was diagnosed with dyslexia and whose family, including Plaintiff

10

Sherry Lagares, fought for his right (and those of all children with disabilities) of access to an

11

education that maximized his capabilities.

12

6.

In retribution for their participation in these activities, Plaintiffs have become

13

targeted by defendants who, in conspiracy and enterprise, have repeatedly discriminated against,

14

retaliated, and harassed, causing conscience-shocking harm and injury.

15

7.

The State of Missouri, report issued in 2003-2004 Annual Report from the Office

16

of Child Advocate an Office under the direct supervision of the Executive Branch of Government,

17

Chief Magistrate, now Jay Nixon, describes certain defendants’ activities acting as an enterprise.

18

The report is attached hereto as Exhibit “A” and incorporated herein as if set forth in full.

19

8.

Dennis Lagares Jr. is the father of two minor children, K.L. and N.L., both of whom

20

are disabled.

At early ages and at the recommendation of reputable health care, and educational

21

providers, Dennis Lagares Jr sought out and obtained the services of equally reputable private

22

providers – medical, developmental, educational and physical -- and weekly took his children for

23

that extra help and counseling they needed. 6

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 6 of 212

9.

1

The mother of the children, Amanda Rollins, did not believe (or did not care) that

2

the children needed such care, and resisted the medical attention recommended by various

3

professionals. 10.

4

Instead, Rollins enlisted the advocacy of non-medical professionals, including

5

employees of the Public School District Lebanon R-III where K.L. and N.L. now attend school,

6

the Children’s Division of the Department of Social Services, (hereinafter “DSS”), attorney Ruth

7

Schulte, James Brad York and the court system. Working in conspiracy and enterprise, these

8

entities committed fraud upon the court, whereby Dennis Lagares Jr was stripped of his paternal

9

rights and physical and legal custody, without any meaningful due process or evidence hearing. 11.

10

Detailed below, this pattern of racketeering centered on a pattern of fraud

11

committed by Amanda Rollins Colgan, Shawn Colgan Jr., Ruth Schulte, James Brad York, DSS,

12

Children’s Division, and the Lebanon R-III School District lies, 26th Judicial District. The

13

racketeering activity included manufacturing evidence and falsification of reports in direct contrast

14

with reports and opinions of reputable physicians and therapists who recommended treatment for

15

N.L. and K.L. The fraud was compounded by the school district, the Division of Children Services,

16

the 26th Camden and Laclede County Circuit Court, the Laclede County Sheriff Department, and

17

the Lebanon Police Department. 12.

18

Plaintiffs prevailed against Camdenton R-III in 2001. Many of the same entities

19

involved in that lawsuit have conspired to retaliate and discriminate against Plaintiffs, described

20

more fully below.

21

13.

22

Plaintiffs have also been involved in litigation with these entities from 2007 until

2012.

7

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 7 of 212

1 2 3

14.

As a direct result of defendants’ evil acts, K.L and N.L. have been kidnapped,

abused, neglected, and deprived of their father’s love and attention. 15.

Further, Plaintiffs have been unlawfully deprived of their rights to parent, attend to,

4

and love their minor children, in violation of each party’s liberty interests in familial association,

5

without due process of law. PARTIES

6

7 8

16. Dennis Lagares Jr is a resident of Laclede County, State of Missouri and father of K.L. and N.L.

9

17. Plaintiff Dennis Lagares Jr brings this action, individually and, as the natural parent of K.L.,

10

N.L., and as the next friend of K.L., N.L. the minor children, who are currently legally unable

11

to bring this cause to action themselves.

12

18. Plaintiff Sherry Lagares is a resident of Laclede County, State of Missouri. She is the natural

13

paternal grandmother of K.L. and N.L., Sherry is a professional child/parent educational

14

advocate, also advocates for children and adults with disabilities.

15

19. Defendant Amanda Rollins Colgan, AKA Amanda Rollins, AKA Amanda Lagares, AKA

16

Amanda Rollins Colgan, is the biological mother of K.L. and N.L. and at all relevant times

17

a resident within this District.

18 19 20 21 22 23

20. Defendant Shawn Patrick Colgan Jr. AKA Patrick Colgan, at all relevant times a paramour of Amanda Rollins and at all relevant times a resident within this District. 21. Logan Barber, is the ex-husband of Ginger Lagares and at all relevant times a resident within this District. 22. Susan Barber is the wife of Logan Barber and at all relevant times a resident within this District. 8

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 8 of 212

1

23. Defendant Robert O’Neil, Laclede County Assistant Prosecuting Attorney, President of

2

Lebanon R-III School, Appointed Gal for Logan Barber Petition against Ginger Lagares,

3

former partner with James Brad York Law firm. Private Attorney.

4

24. James Brad York, appointed GAL for K.L. and N.L., and husband of Erica York (an

5

employee of Lebanon R-III special Education Department former partner of President of

6

Lebanon r-III School district, board member with Dr. Karen Hopkins (Leap,

7

Partner/employee of Deputy and Mizel Law firm.

8 9

25. Defendant Mo. State Department of Social services, Children’s Division (“DSS”) is a department of the State of Missouri.

10

26. Defendants 26th Judicial Circuit Court, is a local circuit court located and doing business

11

within this District. The 26th Judicial Circuit Court promulgates and acts pursuant to local

12

policies, regulations, and rules.

13

27. Defendants Justina Robinson, Amy Killion, Amy Degraw, Chrystal Deckard, Sharron Mizer,

14

Catherine Watson, Casey Cox, Dee Ann Davis, were at all times relevant herein, the social

15

worker/investigator/caseworker/officers assigned by the Children’s Division in Camden,

16

Miller, Laclede, Phelps County, Missouri to be the social worker/investigator/official for

17

K.L.., N.L., and Dennis Lagares Jr . At all relevant times they were residents within this

18

District.

19

28. Defendant Tammy Lupardus at all relevant times herein held the position of Director of

20

Special Services Lebanon R-School, and Previous Director of Camdenton R-III School

21

Special Services and at all relevant times a resident within this District.

9

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 9 of 212

1

29. Defendant Sheila Moore at all relevant times herein held the position of Principal of Esther

2

Elementary Lebanon R-III School a political subdivision of the State of Missouri, and at all

3

relevant times a resident within this District.

4 5

30. Defendant Debra Burns at all relevant times herein held the Position of Teacher at Lebanon R-III School, and at all relevant times a resident within this District.

6

31. Defendant Shalyn Howe, at all relevant times herein held the position of Assistant Principal

7

of Ester Elementary Lebanon R-III School, and at all relevant times was a resident within

8

this District.

9

32. Defendant Aaron Koeppen, at all relevant times held the title Assistant Prosecuting Attorney

10

of Camden County, and defeated Judge Christianson in the November 2010 election and was

11

elected as the 26th district, Camden County Associate Judge. Judge Koeppen was appointed

12

to hear all custody matters of plaintiffs, and in so doing signed an istrative order that

13

discriminated against Plaintiffs, and was used to further the RICO, fraud and conspiracy.

14

33.

Defendant Kenneth Hayden, is currently a citizen of the United States. He is the

15

Presiding Judge for the 26 Judicial Circuit. He is being sued in in his individual and

16

official capacities.

17

th

34.

Defendant Steven B. Jackson, is currently a citizen of the United States, residing

18

in Laclede County. At all relevant times he was an elected associate judge. He the entity is

19

sued in his individual and official capacity.

20 21 22 23

35.

Defendant The 26th Judicial Circuit Court of Missouri, Judges John and Jane Doe

1-12. Defendant is a county-level government. 36.

Defendant Christine Hutson, Is a citizen of the United States. Conducts business

within this District. She is an attorney licensed to practice in Missouri at relevant times 10

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 10 of 212

1

doing business in and residing in this District. She is a former Associate Judge of the 26th

2

Judicial Circuit of Missouri. At all relevant times she served as attorney for Plaintiff Dennis

3

Lagares Jr. At all relevant times she served as attorney for Ginger Lagares. At all relevant

4

times was paid by Plaintiff Sherry Lagares and provided legal services. At all relevant

5

times was a principal at Hutson and Hutson Law Office.

6

37.

Defendant. Judge Ralph Jaynes is a citizen of the United States. At relevant times

7

doing business in and residing in this District. He is a senior appointed judge of the 26th

8

Judicial Circuit of Missouri.

9

38.

Defendant Shawnee Wood is currently a citizen of the United States, residing in

10

Miller County Missouri. She is the mother of Amanda Colgan and grandmother of minor

11

K.L. and N.L. At all times relevant worked in/on the campaign to elect Judge Aaron

12

Koeppen. At all relevant times is practicing the Baptist Faith and holds positions in the

13

Baptist Church. At all times relevant worked with Defendant Diane Sederwall, Lake Area

14

Conservative Club a ed non-profit in the state of Missouri. She the entity is sued in

15

her individual and official capacity.

16

39.

Defendant Ruth O Schulte Is Currently a citizen of the United States, Residing in

17

Camden County Missouri. Is an attorney licensed to practice in Missouri at relevant times

18

doing business in and residing in this District. Ruth O Schulte formally a named partner on

19

Cisar Law Firm website. At all relevant times she worked for the Cisar Law Firm PC. At

20

all relevant time was Vice President of Cisar Law Firm. At all relevant times she served as

21

Amanda Colgan and Shawn Patrick Colgan Jr counsel. She the entity is sued in her

22

individual and official capacity.

11

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 11 of 212

1

40.

Defendant Law Office of Ruth O’Schulte is a limited liability company ed

2

in the State of Missouri. At all relevant times O’Schulte provided GAL services to the 26th

3

judicial circuit courts. At all relevant times she was doing business in the District. The

4

entity is sued in individual and official capacities.

5

41.

Defendant Cisar Law Firm AKA The Cisar Law Firm PC is a PC in the

6

State of Missouri. President Tim Cisar of the Cisar Law Firm Formerly Partner of Bridges,

7

Cisar and Mizell. At all relevant times provided GALs and GAL services to the 26th

8

judicial circuit courts. At all relevant times was doing business in the 26 Judicial District.

9

He the entity is sued in individual and official capacity.

10

th

42.

Defendant Barbara Van Tine is an attorney licensed to practice in Missouri, and at

11

relevant times doing business in and residing in this District. She is a member of the Law

12

Office of Barb R. Vantine LLC At all relevant times she served as a “guardian” for

13

Plaintiffs K.L and N.L. At all relevant times she provided “guardian” services to the 26th

14

judicial circuit courts. She the entity is sued in her individual and official capacities.

15

43.

Defendant Barbara Vantine Law Firm, several different AKAs, is a ed

16

LLC in the State of Missouri. At all relevant times this entity was doing business in the 26

17

Judicial District. At all relevant times this entity provided “guardian” services to the 26th

18

judicial circuit courts. The entity is sued in individual and official capacity.

19

th

44.

Defendant Jack Miller Is currently deceased. This will default to Defendant Jack

20

Miller Estate, Formerly an attorney licensed to practice in Missouri at relevant times doing

21

business in and residing in this District. Miller and Miller Attorneys’ At Law, Father of

22

Eric Miller presently Attorney for Amanda and Shawn Colgan, Susan Barber, Logan

12

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 12 of 212

1

Barber, Miller Law Firm, Former Attorney for Logan Barber, He is sued in his individual

2

and official capacity.

3

45.

Defendant Miller Law Office-AKA Miller Law Associates as of August 31,

4

2015, is a ed business in the State of Missouri. At all relevant times was doing

5

business in the 26 Judicial District. At all relevant times provided GAL services to the

6

26th judicial circuit courts. The entity is sued in individual and official capacity.

7

th

46.

Defendant Kris Koster Currently a citizen of the United States, residing in

8

Missouri. Koster is an attorney licensed to practice in Missouri at relevant times doing

9

business in this District. Defendant is the Missouri Attorney General for the State of

10

Missouri. He is the attorney for defendants. He is being sued in his individual and official

11

capacity.

12

47.

Defendant Brook D. Mccarrick resides in in Missouri. She is an attorney licensed

13

to practice in Missouri. At relevant times she was doing business in this District. She is the

14

former attorney for defendants Missouri Department of Social Services. She the entity is

15

sued in individual and official capacity.

16

48.

Defendant Candice Shilvery resides in Missouri. She formerly directed defendant

17

Missouri’s Social Service Children Division. At all relevant times wrote policy and

18

supervised all activity of Mo. Social Service Children Division. She the entity is sued

19

individually and in her official capacity.

20

49.

Defendant Tim Decker is a citizen of Missouri. He is the director of defendant

21

Missouri Social Service Children Division. At all relevant times wrote policy and

22

supervised all activity of Missouri Social Service Children Division. He the entity is sued

23

individually and in official capacity. 13

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 13 of 212

1

50.

Defendant Mickes, Goldman, and O’Toole Law Firm, He is a ed business

2

in the State of Missouri. At all relevant times was doing business in the District. The Law

3

Firm represent over 300 Schools/School Districts. The law firm is a principal participant in

4

many local government federal and state bond ballet issues and the actual bonding

5

company. He is sued in individual and official capacity.

6

51.

Defendant Thomas Mickes Currently a citizen of the United States, Residing in

7

Unknown County in Missouri. He is an attorney licensed to practice in Missouri t relevant

8

times doing business in this District. He is a principal member /partner Mickes Goldman

9

and O'Toole. He is attorney for Camdenton R-III School District and Lebanon R-III school

10

District. He is principal in the firm that represents the Camdenton R-III School District

11

and Lebanon R-III school district its employees, s and board . He is

12

sued in his individual and official capacities.

13

52.

Defendant Ernest Trakas is a citizen of the United States, Residing in Unknown

14

County in Missouri. He is an attorney licensed to practice in Missouri, at relevant times

15

doing business in this District. Lebanon R-III School District Attorney and principal in the

16

firm that represents the Lebanon R-III school district its employees, s and

17

board . He is sued in individual and official capacity.

18

53.

Defendant Michael Carter, is a citizen of the Missouri. He is an attorney licensed

19

to practice in Missouri at relevant times doing business in this District. At all relevant times

20

he was the appointed GAL for KL and NL. He is being sued in his individual and official

21

capacity.

22 23

54.

Defendant Phillips, Mcelyea, Carpenter, & Welch PC. Defendant is a ed

business in the State of Missouri. At all relevant times was doing business in the District. 14

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 14 of 212

1

At all relevant they were the county of Camden Law Firm. They are the ed Agent

2

for Defendant Kids Harbor. Formerly employed Defendant Michael Carter. At all relevant

3

times provided GAL services to the 26th judicial circuit courts. The entity is sued in

4

individual and official capacity.

5

55.

Defendant Charles Mcelyea, is a citizen of the United States, Residing in Camden

6

County in Missouri. Is an attorney licensed to practice in Missouri at relevant times doing

7

business in this District. He is a former Camdenton School Board Member. He is the father

8

of Defendant Chris Mcelyea Vice President of Central Bank Lake of the Ozarks

9

Camdenton Branch. He is the person named as the ed agent for Defendant Kids

10

Harbor. He is a principal/member at Defendant Phillips, Mcelyea, Carpenter, & Welch PC.

11

He hold and conducts business at many unknown positions of public service in the district.

12

At all relevant time acted as attorney for government officials in Camden County. At all

13

relevant time he acted as attorney for Normac Sewer District. The entity is sued in

14

individual and official capacity.

15 16 17

56.

Defendant Diana Sederwall forensic evaluator at Kids Harbor she The entity is

sued Individually and in her official capacity 57.

Defendant Kids Harbor, Inc. Defendant is a ed business in the State

18

Missouri. At all relevant times was doing business in the District. Defendant employees

19

Diana Sederwall to conduct forensic evaluations and performs other services for abused

20

children.

21 22

58.

Defendant Timothy Hadfield, TIMOTHY Hatfield is a citizen of the United

States, Residing in Unknown County in Missouri. He is superintendent of Camdenton R-III

15

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 15 of 212

1

School District. At all relevant times acted under the supervision of defendant Camdenton

2

R-III School District. He the entity is sued in individual and official capacity.

3

59.

Defendant Chris Mcelyea is a citizen of the United States, Residing in Camden

4

county in Missouri. He is defendant Camdenton R-III School District School Board

5

President/Member. He is the son of Defendant Charles Mcelyea. He is the Vice President

6

of Central Bank Lake of the Ozarks Camdenton Branch. The entity is sued individually and

7

official capacity.

8 9

60.

Defendant Central Bank of Lake of the Ozarks is a ed business in the State

of Missouri. At all relevant times was doing business in the District. At all relevant time

10

provided Mortgage Services to Plaintiff Sherry Lagares and Plaintiff Dennis Lagares

11

Jr. Employees Chris Mcelyea. Is d with defendant Central Bank Mortgage

12

Jefferson City Missouri He The entity is sued individually and official capacity.

13

61.

Defendant Central Bank Mortgage Jefferson City Missouri is a ed business

14

in the State of Missouri. At all relevant times was doing business in the District. At all

15

relevant time provided Mortgage Services to Plaintiff Dennis Lagares Jr. At all relevant

16

times Employed defendant Amanda Rollins Sister, and defendants Shawnee Wood

17

daughter Samantha Rollins Bryant. Is d with defendant Central Bank Mortgage

18

Jefferson City Missouri He The entity is sued individually and official capacity.

19

62.

Defendant Samantha Rollins Bryant is a citizen of the United States, Residing in

20

Unknown County in Missouri. Formerly employee of Central bank Mortgage Jefferson

21

City Missouri and currently employed by Missouri Highway Patrol. The entity is sued

22

individually and official capacity.

16

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 16 of 212

1

63.

Defendant Camdenton R-III School is a political subdivision, Local-level

2

political subdivision of the State Department of Elementary and Secondary Education,

3

government organized under the Missouri Constitution, art. IX, body of the defendant

4

Missouri Department of Education he the entity is sued individually and official capacity

5

64.

Defendants Camdenton R-III School Employees and Contracted Individual

6

John/Jane Doe 1-20. The defendant is an employee or contracted individual of an

7

istrative arm, of local-level political subdivision government organized under the

8

Missouri Constitution, art. IX, body of the defendant Missouri Department of Education.

9

65.

Defendant James Brad York, hereinafter Brad York is a citizen of the United

10

States, Residing in Laclede County in Missouri. He is an attorney licensed to practice in

11

Missouri at all relevant times doing business in this District. At all relevant times he was

12

the acted as GAL for KL and NL. At all relevant time was a board member for LEAP in

13

Laclede County. At all relevant times provided GAL services to the 26th judicial circuit

14

courts. He is the husband of defendant Erica York a Lebanon R-III School District. He is

15

the former partner/employee of Defendant Robert O’neil and or O’neil O’Neil and York a

16

ed business that was doing business in the district. At all relevant times he was

17

partner/employee/principal at Defendant Deputy & Mizell. Sued in his official and

18

individual capacity.

19

66.

Defendant Deputy & Mizell LLC, is a ed business in the State of Missouri.

20

At all relevant times was doing business in the District. At all relevant times principal Dan

21

Mizell was conducting business in the district at the Bridges, Cisar and Mizell law firm,

22

(now known as Defendant Cisar Law) formerly the law office of the Lagares family

23

personal and businesses legal affairs.. Was principal at the Bridges, Cisar, Mizell firm and 17

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 17 of 212

1

employed at all relevant times defendant Ruth Schulte while Principal partner Tim Cisar

2

and Lewis Bridges. At all relevant principal Dan Mizell employed/partnered with

3

defendant Michael Carter. At all relevant times employed/partnered with defendant Brad

4

York. At all relevant time employed defendant Chris Rasmussen. At all relevant times

5

employed defendant Judge Koeppens clerk. At all relevant time provided GAL attorneys

6

and or services to the 26th Judicial District. The entity is sued in individual and official

7

capacity.

8

67.

Defendant Dan Mizell, is a citizen of the United States, Residing in Laclede

9

County in Missouri. He is an attorney licensed to practice in Missouri at all relevant times

10

doing business in this District. Deputy & Mizell LLC, is a ed business in the State

11

of Missouri. At all relevant times was doing business in the District. At all relevant times

12

principal Dan Mizell was conducting business in the district at the Bridges, Cisar and

13

Mizell law firm, (now known as Defendant Cisar Law) formerly the law office of the

14

Lagares family personal and businesses legal affairs.. He The entity is sued in individual

15

and official capacity

16

68.

Defendant Chris Rasmussen, is a citizen of the United States, Residing in Camden

17

County in Missouri. He is an attorney licensed to practice in Missouri at all relevant times

18

doing business in this District. At all relevant times acted as unappointed GAL for KL and

19

NL. At all relevant times he was/is employed at defendant Deputy & Mizell LLC. At all

20

relevant time provided GAL attorney and or services to the 26th Judicial District. At all

21

relevant times was employed at Bridges, Cisar and Mizell. The entity is sued in individual

22

and official capacity.

18

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 18 of 212

1

69.

Defendant O'Neil and O'Neil Law Firm, is a ed business in the State of

2

Missouri. At all relevant times was doing business in the District. At all relevant time

3

provided GAL attorney and or services to the 26th Judicial District. The entity is sued in

4

individual and official capacity

5

70.

Defendant Robert O'Neil, is a citizen of the United States, Residing in Laclede

6

County in Missouri. He is an attorney licensed to practice in Missouri at all relevant times

7

doing business in this District. At all relevant times he was Defendant Lebanon R-III

8

School District Board President. All relevant times employed defendant Brad York. At all

9

relevant was/is Laclede County Assistant Prosecutor. At all relevant times provided GAL

10

attorney and or services to the 26th Judicial District. The entity is sued in individual and

11

official capacity.

12

71.

Defendant Lynne Brand, is a citizen of the United States, Residing in Laclede

13

County in Missouri. She is an attorney licensed to practice in Missouri at all relevant times

14

doing business in this District. At all relevant times provided GAL attorney and or services

15

to the 26th Judicial District. At all relevant times is employed at defendant Brand Law Firm

16

PC. She the entity is sued individually and official capacity.

17

72.

Defendant Brand Law Firm PC, is a ed business in the State of Missouri.

18

At all relevant times was doing business in the District. At all relevant time provided GAL

19

attorney and or services to the 26th Judicial District. The entity is sued in individual and

20

official capacity.

21

73.

Defendant Kyra Crabtree, is a citizen of the United States. Residing in Missouri.

22

At all relevant was employed by defendant Lebanon R-III School District. At all relevant

23

times was reading teacher of minor child KL, while enrolled at defendant Lebanon R-III 19

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 19 of 212

1

School District. At all relevant times held and acted in other positions at defendant

2

Lebanon R-III School District. The entity is sued in her individual and official capacity.

3

74.

Defendant Erica York, is a citizen of the United States. Residing in Laclede

4

County in Missouri. At all relevant was employed by defendant Lebanon R-III School

5

District. At all relevant times was while enrolled at defendant Lebanon R-III School

6

District. At all relevant times held and acted in other positions at defendant Lebanon R-III

7

School District. The entity is sued in her individual and official capacity.

8

75.

Defendant Donna Reeves, is a citizen of the United States. Residing in Missouri.

9

At all relevant was employed by defendant Lebanon R-III School District. At all relevant

10

times was educational evaluator of minor child K.L., while enrolled at defendant Lebanon

11

R-III School District. At all relevant times held and acted in other positions at defendant

12

Lebanon R-III School District. She the entity is sued in her individual and official capacity.

13

76.

Defendant Krissy Jackson is a citizen of the United States. Residing in Missouri.

14

At all relevant was employed by defendant Lebanon R-III School District. At all relevant

15

times was second grade regular education teacher for minor child KL, while enrolled at

16

defendant Lebanon R-III School District. At all relevant times held and acted in other

17

positions at defendant Lebanon R-III School District. The entity is sued in her individual

18

and official capacity.

19

77.

Defendant Lebanon R-III School Board, The defendant is a Local-level political

20

subdivision government body of the defendant Missouri Department of Education within

21

the United States of America. Through its agents, elected officials and employees, at

22

relevant times it performed acts and omissions occurring within this District. The entity is

23

sued individually and official capacity. 20

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 20 of 212

1

78.

Defendant Lebanon R-III istration, The defendant is an istrative arm,

2

of Local-level political subdivision government organized under the Missouri Constitution,

3

art. IX, body of the defendant Missouri Department of Education within the United States

4

of America. Defendant employs the wife of a defendant Judge 26th judicial District.

5

Defendant employs relatives of other defendants in the istrative offices, regular

6

education and special education departments. Through its agents, and employees, at

7

relevant times it performed acts and omissions occurring within this District. The entity is

8

sued individually and official capacity.

9

79.

Defendant Missouri Department of Education is a state-level government body

10

organized under the Missouri Constitution, art. IX within the United States of

11

America. Through its agents, elected officials, political subdivisions and employees, at

12

relevant times it performed acts and omissions occurring within this District. The entity is

13

sued individually and official capacity.

14

80.

Defendant Sandy Doren M.A. L.P.C. LLC, is a citizen of the United States.

15

Residing in Camden County in Missouri. At all relevant was employed by defendant

16

Missouri Department of Social Services Children's Division. At all relevant times was

17

mental health provider of minor children KL and NL, At all relevant times was a

18

principal/member of defendants Daylight Counseling LLC and defendant Sandra

19

(Sandy) Doren MA LPC,LLC. At all relevant times was employed by Defendant

20

Camdenton R-III School District. She the entity is sued in her individual and official

21

capacity.

22 23

81.

Sandra (Sandy) Doren M.A. L.P.C. LLC, is a business in the State of Missouri. At

all relevant times was doing business in the District. At all relevant time provided mental 21

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 21 of 212

1

health services and other unknown services in the district. At all relevant times was a

2

principal/member of defendants Daylight Counseling LLC and defendant Sandy Doren.

3

The entity is sued in individual and official capacity.

4

82.

Defendant Daylight Counseling LLC, is a business in the State of Missouri. At all

5

relevant times was doing business in the District. At all relevant time provided mental

6

health services and other unknown services in the district. At all relevant time’s defendant

7

Sandra Doren was a principal/member of defendant. The entity is sued in individual and

8

official capacity.

9

83.

Defendant Doug Doren, is a principal and ed agent of defendant Daylight

10

Counseling and husband of defendant Sandra Doren. At all relevant times was doing

11

business in the District. At all relevant times his businesses provided mental health services

12

and other unknown services in the district. The entity is sued in official capacity.

13

84.

Defendant State of Missouri Office of the State Court , is a state-

14

level government body within the United States of America. Through its agents and

15

employees, at relevant times it performed acts and omissions occurring within this District.

16

The entity is sued in official capacity.

17

85.

Defendant Greg Linhares, State of Missouri Office of State Court ,

18

is a state-level istrative position formerly held by defendant Greg Linhares within the

19

United States of America. At all relevant times was istrative position of defendant

20

Office of State Court . Through his agents and employees, at relevant times

21

he performed acts and omissions occurring within this District. The entity is sued in official

22

capacity.

22

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 22 of 212

1

86.

Defendant Gail Thompson is a citizen of the United States. Residing in Missouri.

2

At all relevant was employed by defendants Camden County Circuit Clerk. At all relevant

3

worked as Clerk for Petitioners former attorney Christine Hutson, while Christine Hustson

4

held the position of Associate Judge Laclede County. At all relevant times was defendant

5

Judge Aaron Koeppen Clerk in Camden County Missouri. She the entity is sued in her

6

individual and official capacity.

7

87.

Defendant Camden County Circuit Clerk Jo McElwee is a citizen of the United

8

States. Residing in Missouri. At all relevant was Elected/employed by defendants Camden

9

County Circuit Clerk a political subdivision of the State of Missouri. At all relevant times

10

worked as Elected Clerk for Camden County Circuit Clerk's office. Through her agents and

11

employees, at relevant times they performed acts and omissions occurring within this

12

District. The entity is sued in official capacity.

13

88.

Defendant Deputy Clerks of Camden County Circuit Clerk's Office, are employed

14

by defendants Camden County Circuit Clerk Office a political subdivision of the State of

15

Missouri. At all relevant times worked as Deputy Clerk for Camden County Circuit Clerk's

16

office. At all relevant times employed (friend or family Clerk Byler) of defendant Shawnee

17

Wood and defendant Amanda Colgan. Through agents and employees, at relevant times

18

they performed acts and omissions occurring within this District. The entity is sued in

19

official capacity.

20

89.

Defendant Deloris (Dee) Lane, is a citizen of the United States. Residing in

21

Camden County in Missouri. At all relevant was employed by defendants Camden County

22

Circuit Clerk. At all relevant times worked as Deputy Clerk for Camden County Circuit

23

Clerk's office. At all relevant times was a licensed real estate agent. At all relevant times 23

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 23 of 212

1

worked with Plaintiff Sherry Lagares as college in a real estate office. At all relevant times

2

was doing undisclosed business with former real estate partner of Plaintiff Sherry

3

Lagares. She the entity is sued in individual and official capacity.

4

90.

Defendant Camden County Prosecutor's Office, is a county government organized

5

under the Missouri Constitution. Through its agents and employees, at relevant times it

6

performed acts and omissions occurring within this District. At all relevant times employed

7

former attorney of Plaintiff Dennis Lagares Jr. Chris Rohrer. At all relevant times

8

employed Defendant Aaron Koeppen as assistant prosecuting attorney. The entity is sued in

9

its official capacity and individually.

10

91.

Defendant former Assistant Camden County Assistant Prosecutor Aaron Koeppen

11

, is a citizen of the United States. Residing in Camden County in Missouri. At all relevant

12

was employed by defendants Camden County Prosecutor Office. At all relevant times

13

worked as At all relevant times employed Defendant Aaron Koeppen as assistant

14

prosecuting attorney. At all relevant times was in the office of defendant Camden County

15

Prosecuting Attorney Office when active Child Order of Protection were in force for minor

16

children KL and NL. The entity is sued in individual and official capacity.

17

92.

Defendant Camden County Commission is a county level government within the

18

United States of America. Through its agents and employees, at relevant times it

19

performed acts and omissions occurring within this District. Is a government body

20

organized under the Missouri Constitution, art VI. The entity is sued in official capacity.

21

93.

Defendant Camden County Sheriff Office, (Sheriff Dwight Franklin), is a county

22

government organized under the Missouri Constitution, art IV. Through its agents and

23

employees, at relevant times it performed acts and omissions occurring within this District. 24

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 24 of 212

1

At all relevant times employed Deputy Donna Ford. At all relevant was the agency charged

2

with the duties and responsibilities of Camden County Circuit Court issued active Child

3

orders of protection for minor children KL and NL. Sued in official capacity.

4

94.

Defendant Donna Ford Stone is a citizen of the United States. Residing in

5

Missouri. At all relevant was employed by defendants Camden County Sheriff Office as

6

Deputy Sheriff. At all relevant times worked as Deputy Sheriff while Camden County

7

Circuit Court issued active Child orders of protection for minor children KL and NL. Sued

8

in official capacity.

9

95.

Defendant Jay Nixon is a citizen of the United States residing in Missouri. He is

10

an attorney licensed to practice in Missouri at relevant times doing business in and residing

11

in this District. He appointed his Assistant attorney general to serve as opposing counsel for

12

Defendant State of Missouri Department of Education during plaintiff Dennis Lagares Jr

13

(as a minor through his parents Dennis Sr. and Plaintiff Sherry Lagares in Lagares v

14

Camdenton). Jay Nixon is currently serving as Chief Magistrate of the State of Missouri

15

and all State Executive political subdivisions. He the entity is sued individually and official

16

capacity.

17

96.

Defendant Missouri Department of Social Services is a beneath-state-level

18

government organized under the Missouri Constitution, art. IV, § 37 within the United

19

States of America. Through its agents and employees, at relevant times it performed acts

20

and omissions occurring within this District. The entity is sued in official capacity.

21

97.

Defendant Missouri Department of Social Services Children's Division is

22

organized under the Missouri Constitution, art. IV, § 37. Through its agents and

23

employees, at relevant times it performed acts and omissions occurring within this District. 25

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 25 of 212

1

98.

Defendants Missouri Department of Social Services Employees John and Jane

2

Doe 1-20 is a state-level government organized under the Missouri Constitution, art. IV, §

3

37 within the United States of America. Through its agents and employees, at relevant

4

times it performed acts and omissions occurring within this District. At all relevant times

5

employed defendant Beverly Chapman. Sued in individual and official capacity.

6

Defendant Beverly Chapman, named as unknown employee of Missouri Department of

7

Social Services 1. She is a citizen of the United States. Residing in Missouri. Is formerly

8

employed by defendant Missouri Department of Social Services. She the entity is sued

9

individually and official capacity.

10

99.

Defendant Dana Perkins is a citizen of the United States. Residing in Missouri. At

11

all relevant times held a supervisory position in the 26th division Missouri Department of

12

Social Services Circuit. She is related to Missouri Department of Social Service worker

13

Camy Ruble employed at Laclede County Division of Social Services Children's Division.

14

She is the supervisor of all defendants in the Children's Division in Camden, Miller,

15

Pulaski, and Laclede Counties. She is the person charged with all upper level supervisory

16

actions, responsibilities and decisions for the circuit. At all relevant times was Circuit

17

Manager while active Child orders of protection were in force for Minor Children KL and

18

NL. Was Circuit Manager at all relevant times while Plaintiff Dennis Lagares Jr. was

19

ordered to Laclede County Office of Social Services for court ordered supervised visits

20

with minor children KL and NL. She the entity is sued in her individual and official

21

capacity.

22

100.

23

Defendant Justina Robinson, is a citizen of the United States. Residing in

Missouri. At all relevant times held a social worker I, position at the defendant Missouri 26

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 26 of 212

1

Department of Social Services Laclede County Office. At all relevant times was a witness

2

for defendant Amanda Rollins Lagares during a divorce and initial parenting plan. At all

3

relevant times held a supervisory position in the 26th division Missouri Department of

4

Social Services Laclede County Missouri. At all relevant times is custodian of records Data

5

Clean up Laclede County Children's Division. The entity is sued in her individual and

6

official capacity.

7

101.

Defendant Jennifer (Jenny) Morgan is a citizen of the United States. Residing in

8

Missouri. At all relevant times held a social worker/investigator, position at the defendant

9

Missouri Department of Social Services Laclede County Office. At all relevant times

10

investigated an abuse/neglect report. She the entity is sued in her individual and official

11

capacity.

12

102.

Defendant Camdenton R-III School Employees and contracted individual John/

13

Jane doe 1-20. The defendant is an employee or contracted individual of an istrative

14

arm, of Local-level political subdivision government organized under the Missouri

15

Constitution, art. IX, body of the defendant Missouri Department of Education.

16

103.

Defendant John Doe 1, now named as Nick Cotta is a citizen of the United States.

17

Residing in unknown county and unknown State. At all relevant times held a, position of

18

special education process coordinator at Camdenton R_III School. The entity is sued in

19

his individual and official capacity.

20

104.

Defendant Jenessa Dodson Defendant Jane doe 2, She is a citizen of the United

21

States. Residing in Missouri. At all relevant times held a, position of special education

22

ECSE Coordinator/Diagnostician/District Autism Consultant at Camdenton R_III

23

School. She the entity is sued in his individual and official capacity. 27

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 27 of 212

1

105.

Defendant Vivint Alarm Systems is a business in the State of Utah. At all

2

relevant times was doing business in the District. At all relevant times was the employer of

3

Dennis Lagares. The entity is sued official capacity.

4

106.

Defendant Midwest Assessment and Psychotherapy Solutions P.C. Is a ed

5

business in the State of Missouri? At all relevant times was doing business in the District.

6

At all relevant times was a contracted company for defendant Missouri Department of

7

Social Services Children's Division. At all relevant time provided services to Plaintiff

8

Dennis Lagares Jr., minor children of Dennis Lagares Jr. KL and NL. The entity is sued

9

official capacity.

10

107.

Defendant Dr. Emily R. Olroyd, PSYD, PLP is a citizen of the United States.

11

Residing in Missouri. At all relevant times was doing business in the District. At all

12

relevant times was employed by defendant Midwest Assessment and Psychotherapy

13

Solutions PC. At all relevant provided a psychological and parenting evaluation to Plaintiff

14

Dennis Lagares Jr. At all relevant times was a provisional licensed PSYD in the state of

15

Missouri. At all relevant times was the custodian of records. AT all relevant times was

16

supervised by defendant Angel King. She the entity is sued in her official capacity and

17

individually.

18

108.

Defendant Angela King, PSY. D, is a citizen of the United States. Residing in

19

Unknown County in Missouri. At all relevant times was doing business in the District. At

20

all relevant times was employed by contracted company for defendant Missouri

21

Department of Social Services Children's Division. At all relevant time provided

22

supervisor/services to defendant Emily R. Olroyd for Plaintiff Dennis Lagares Jr. the entity

23

is sued official capacity and in her individual and official capacity. 28

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 28 of 212

1

109.

Defendant Laclede County Sheriff's Office, is a state-level government within the

2

United States of America. Through its agents and employees, at relevant times it

3

performed acts and omissions occurring within this District. Is organized under the

4

Missouri Constitution, art IV. At all relevant times was doing business in the District. At all

5

relevant time employed Deputy/detective Morris an employee of Laclede County. At all

6

relevant times had the duty to enforce child order of protections granted to Plaintiff Dennis

7

Lagares Jr against defendants Amanda Colgan and Shawn Patrick Colgan Jr. At all relevant

8

times had the duty and responsibility to investigate crimes against minor children KL and

9

NL. At all relevant times has the duty and responsibility to investigate referrals from FBI

10 11

(crimes against minor children Kl and NL). Sued in its official capacity. 110.

LACLEDE COUNTY COMMISSION is a state-level government within the

12

United States of America. Through its agents and employees, at relevant times it

13

performed acts and omissions occurring within this District. Is a government body

14

organized under the Missouri Constitution, art VI. Sued in its official and individual

15

capacity.

16

111.

Defendant Andrew White is a citizen of the United States. Residing in Camden

17

County in Missouri. He is an attorney licensed to practice in Missouri at relevant times

18

doing business in and residing in this District. At all relevant times he served as GAL for

19

KL and NL. He the entity is sued in her individual and official capacity.

20

112.

Defendant Jane/John doe 1-99 Wrongdoers/defendants. Defendant Christine

21

Huston, Jane doe 1. Is a citizen of the United States? Residing in Unknown County in

22

Missouri. She is an attorney licensed to practice in Missouri at relevant times doing

23

business in and residing in this District. At all relevant times she served as attorney for 29

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 29 of 212

1

Plaintiff Dennis Lagares Jr. At all relevant times she served as attorney for Ginger Lagares.

2

At all relevant times was paid by Plaintiff Sherry Lagares and provided legal services. At

3

all relevant times was a principal at Hutson and Hutson Law Office. She the entity is sued

4

in her official and individual capacities.

5

113.

Defendant Hutson and Hutson Law Office-Defendant Wrongdoers/defendants

6

John doe 2, Hutson and Hutson Law office is a ed business in the State of

7

Missouri. At all relevant times was doing business in the District. At all relevant times

8

provided legal services to plaintiffs Lagares. At all relevant times employed Christine

9

Hutson and Eric Hutson. Sued in its official and individual capacity.

10

114.

Defendant Eric Hutson Defendant Wrongdoers/defendants John doe 3, is a citizen

11

of the United States. Residing in unknown county in Missouri. He was formerly an

12

attorney licensed to practice in Missouri at relevant times doing business in and residing in

13

this District. He is a former Attorney GAL of the 26th Judicial Circuit of Missouri. At all

14

relevant times he served as un licensed attorney giving legal advice for Plaintiff Dennis

15

Lagares Jr. At all relevant times he served as principal of Hutson and Hutson Law Office.

16

At all relevant times was paid by Plaintiff Sherry Lagares and provided legal services. At

17

all relevant times was the business partner and husband of defendant Christine Hutson. COMPLAINT

18

Racketeering Allegations

19 20

115.

RICO ENTERPRISES: Defendants have formed and d with an “association

21

in fact” enterprise as that term is defined under 18 U.S.C. § 1961(4), which shall be denominated

22

as the “26th District.” It is an interdependent conspiracy/scheme involving the cooperation of,

23

state and local officers, including guardians ad litem, attorneys, s, judicial officers, 30

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 30 of 212

1

and DSS employees, officers, agents and school district employees. These schemes were laid out

2

in Plaintiff’s Legal Filing of October 26th 2012 and amendment (attached hereto as Exhibit “B”

3

and incorporated herein as if set forth in full).

4

116.

5

1961(4):

In addition, each of the following entities are a RICO “enterprise” under 18 U.S.C.

6

a.

Camden County Commission;

7

b.

Camden; Thompson Center, University Of Missouri;

8

Lebanon R-Iii School District Lebanon R-Iii School Board; Lebanon R-Iii

9

istration; Missouri Department Of Elementary And Secondary Education; Missouri Department Of Elementary And Secondary;

10 11

c.

State Of Missouri Office Of The State Courts

12

d.

Camden County Circuit Clerk

13

e.

Camden County Sheriff’s Office

14

f.

Missouri Department

Of Social Services;

Missouri

15

Department Of Social Services Children’s Division Missouri Department Of

16

Social Services

17

g.

; Camdenton R-Iii School

18

h.

Laclede

i.

Lake Area Conservative Club.

Sheriffs

Office;

Laclede

County

Commission

19 20 21

117.

22

118.

23

County

RICO PERSONS: Defendants are each engaged in activities which constitute

enterprise operations under the Racketeer Influenced and Corrupt Organizations Act of 1970 31

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 31 of 212

1

(RICO), 18 U.S.C. §§ 1961-1964. The following entities are defined as a “person,” as that term

2

is defined pursuant to 18 U.S.C. § 1961(3):

3

a.

Barbara Vantine,

4

b.

J. Brad York,

5

c.

Michael Carter,

6

d.

Andrew White,

7

e.

Lynn Brand,

8

f.

Arron Koeppen,

9

g.

Ralph Jaynes,

10

h.

Ernest Trakas,

11

i.

Ruth Schulte,

12

j.

Steve Jackson,

13

k.

Amy Killion,

14

l.

Justina Robinson,

15

m.

Tammy Lupardus,

16

n.

Rebecca Simpson,

17

o.

Chrystal Deckard,

18

p.

Robert O’Neil,

19

q.

Gail Thompson,

20

r.

Delores Lane,

21

s.

Beth (last name unknown),

22

t.

Kenneth Hayden,

23

u.

Bruce Colyer, 32

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 32 of 212

1

v.

Sheila Moore,

2

w.

Debra Burns,

3

x.

Krissy Jackson,

4

y.

Amanda Frazier,

5

z.

Catherine “Nickie” Watson,

6

aa.

Sharron Mizer,

7

bb.

Chris Rasmussen,

8

cc.

Dan Mizel,

9

dd.

Dana Perkins,

10

ee.

Casey Cox,

11

ff.

Amy Degraw,

12

gg.

Dee Ann Davis,

13

hh.

Sandy Doren,

14

ii.

Shayln Howe, and

15

jj.

99 unknown defendants

16

119.

Plaintiffs assert civil racketeering Counts under 18 U.S.C. § 1962 (c) and (d) based

17

upon Defendants’ conduct of, participation in, ownership, or affiliation with one or more criminal

18

enterprises as that term is defined under 18 U.S.C. § 1964(c).

19

120.

These entities, acting concert with one another, are organized and maintained

20

through a consensual hierarchy of agents, partners, managers, directors, officers, supervisors,

21

agents, deputies, and/or representatives that formulate and implement policies, practices,

22

relationships, rules, and procedures related to laws and policies relating to domestic disputes.

33

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 33 of 212

1

121.

The purposes of each Enterprise and each Enterprise person has been to

2

fraudulently, oppressively, and maliciously retaliate against, discriminate against, and otherwise

3

harm and injure Plaintiffs; to harm and kidnap K.L. and N.L., and to aid and abet Amanda Rollins,

4

Shawn Patrick Colgan Jr., and Shawnee Wood in the furtherance of their schemes to do so. RICO Persons’ Conduct or Participation in the Enterprise

5

6 7 8

122.

RICO defendants, and each of them, have conducted or participated in the one or

more enterprise in the following manner: 123.

Sheila Moore, Robert O’Neil, Tammy Lupardus, Rebecca Simpson, Amy Killion,

9

Justina Robinson, Dana Perkins, and Brad York, were mandated reporters of child abuse and

10

neglect. They and purposely neglected to report harm and injury, assault and battery, that was

11

reported by the minor children, and Plaintiffs.

12

124.

Aaron Koeppen, Justina Robinson, Amy Killion, Sandy Doren, Sharon Mizer,

13

Tammy Lupardus, Sheila Moore, Rebecca Simpson, Amanda Frazier, Ernie Trakas, Debra Burns,

14

Barbara Vantine, Brad York, Erica York, Lynn Brand, Jack Miller, Logan Barber, Susan Barber,

15

Amanda Rollins Colgan, Shawn Patrick Colgan Jr (hereinafter Patrick)

16

Defendants knowingly conspired with each other to prosper politically and/or financially to the

17

detriment of the plaintiff, his minor children and family.

18 19 20

125.

Shawnee Wood,

Aaron Koeppen, Brad York, Barbara Vantine, Andrew White, Ralph Jaynes,

Defendants, at all relevant times abused their judicial powers to suppress Plaintiffs. 126.

Aaron Koeppen, Barbara Vantine, Brad York, Amy Killion, Justina Robinson, Ruth

21

Schulte, Nickie Watson, defendants listed knew that a crime/illegal activity had occurred and are

22

continuing to occur, had the Authority to act, but failed to end the harm and injury to plaintiff, his

23

minor children and family. 34

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 34 of 212

1

127.

Tammy Lupardus, Amy Killion, Amy Degraw, Nickie Watson, Justina Robinson,

2

Sheila Moore, Shayla Howe, Rebecca Simpson, Debra Burns, Amanda Colgan, Shawn Colgan jr.

3

Defendants, facilitated the abduction and kidnapping and tampered with and/or manufactured

4

evidence and obstructed justice.

5

128.

Rebecca Simpson, Amy Killion, Justina Robinson, Tammy Lupardus defendants

6

listed knowingly perverted the course of justice by forging or appending signatures altered

7

evidence, suppressed evidence, manufactured evidence on official Government documents.

8

129.

Shawn Patrick Colgan jr, Amanda Rollins Colgan, Ruth Schulte, Brad York,

9

Barbara Vantine, Tammy Lupardus, Robert O’Neil, Jack Miller, Logan Barber, Susan Barber,

10

Rebecca Simpson, Arron Koeppen, Ralph Jaynes, Defendants listed created excessive litigation,

11

at all times relevant in order to secure monies for the Enterprise from Plaintiffs and the U. S. States

12

Government and a forcing Plaintiffs to live life of involuntary servitude;

13

unlawful/illegal debt and unlawful/illegal services, including but not limited to causes K.L. and

14

Plaintiff to accept and participate in Federally Funded activities, programs and services, for the

15

Enterprise and individual’s to benefit and prosper politically and financially including unlawfully

16

Garnish Plaintiff’s paycheck and tax returns. In doing so, Defendants have orchestrated yet another

17

desperate approach to retaliate, discriminate and alienate the minor children from Plaintiff’s,

18

wholesome, loving, protective, nurturing family environment.

19

130.

collection of

Judge Aaron Koeppen and Judge Ralph Jaynes Defendants with void court orders,

20

lack of jurisdiction, and without substantive due process of law, Meaningful hearings have restrict

21

the Plaintiffs to supervised visitation of sometimes not even 1 hour per week at location of DSS-

22

CD and Laclede County Sheriff’s Jail house even though plaintiffs and his minor children have

23

not been convicted of any crime. These acts have caused the destruction of the family unity, 35

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 35 of 212

1

depravation of natural and legal rights secured by the United States Constitution, without Due

2

Process of Law. In addition DSS-CD has never been legal third party to any civil case, thus acted

3

as co-conspirators.

4

131.

Plaintiff Sherry Lagares had been forbidden to have visits/ with K.L. and

5

N.L., once she and Dennis Lagares Jr blew the whistle about the deception, fraud, conspiracy and

6

racketeering activities of Government Officials/contractors, in collusion with Amanda Rollins and

7

Shawn Colgan jr. defendant’s.

8

132.

Tammy Lupardus, Rebecca Simpson, Sheila Moore, Justina Robinson, Amy

9

Killion Defendants, have restricted and violated Plaintiff’s rights without court order and with

10

Discriminatory illegal istrative policy and orders from entering Government facilities and

11

advocating and protecting children with disabilities, blocked Plaintiff from obtaining minor

12

children’s records and files that had been manufactured and complied for minor children’s

13

activities, and at relevant times total destruction of some government records.

14

133.

Amanda Colgan, Shawn Colgan jr., Tammy Lapardus, Rebecca Simpson, Sheila

15

Moore, Shayln Howe, Justina Robinson, Nickie Watson, Amy Degraw, Amy Killion, Arron

16

Koeppen, Brad York, Ruth Schulte, Barbara Vantine, Steve Jackson, Ralph Jaynes, Logan Barber,

17

Susan Barber, Lynn Brand, Andrew White, defendants,

18

retaliation for plaintiff’s participation in protected activities, of the love and affection of K.L. and

19

N.L. by the abduction and kidnapping of K.L. and N.L., and at all relevant times in continuing in

20

the unlawful kidnapping of his children and coercing , intimidating and threatening plaintiffs

21

and/or his family through void/unlawful court orders, probing into un-litigated and active cases,

22

remarks from the bench, orders from the bench, and litigation they colluded to create causing

23

physical and psychological harm and injury to plaintiff’s and plaintiffs’ family.

conspired to defraud plaintiffs in

36

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 36 of 212

1

134.

Ralph Jaynes, Deloris Lane, Steve Jackson, Arron Koeppen, Camden County Clerk

2

and Deputy Clerks, defendants at relevant times blocked and is continuing to block plaintiff’s

3

ability to obtaining access to needed Camden and Laclede County Circuit Court documents, and

4

recordings of court preceding’s, in order to further the collusion to cover up the illegalities of

5

defendants.

6

135.

Unknown Defendants caused False/Fraudulent/manufactured Documents to be

7

filed into the Laclede County Circuit Court and then Filed into the Camden County Court, which

8

do not appear on the docket sheets but were discovered during a case file review by Plaintiffs,

9

prior to Unknown Judge ordering a cease and desist order by telephone to Circuit Clerk Jo

10 11

Mcelwee. 136.

Barbara Vantine, Ruth Schulte, Brad York, Andrew, White, Steve Jackson, Jack

12

Miller, Robert O’Neil, Arron Koeppen, Lynn Brand, Gerard J Harms, Brook D. Mccarrick, Chris

13

Rassmussen, Christine Hutson, Ralph Jaynes Defendants are sworn officers of the Court that have

14

brought fraud upon the courts to collect unlawful debt/ monies, from Plaintiff’s and suppress

15

Plaintiff’s evidence.

16

137.

Kenneth Hayden, Arron Koeppen, Steve Jackson, Larry Winfrey, Robert O’Neil,

17

Duane Widhalm, Dana Perkins, Jay Nixon, Kris Koster, Dwight Franklin, Laclede County Sheriff

18

Wayne Merritt Defendants, have been in the position to stop such illegal and malice harmful and

19

injurious activity by Government Officials, appointees, employees and their contractors and have

20

failed to act.

21

138.

22

Nickie Watson, Justina Robinson, Sheila Moore, Shayln Howe, Rebecca Simpson,

Tammy Lupardus, Brad York, Widhelm, Robert O’Neil, Debra Burns, Government Officials have

37

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 37 of 212

1

by deceit, have deceived other government officials, thus causing the Government Officials to not

2

act to protect Plaintiff and his minor children from harm, assault and battery, injury.

3

139.

Amanda Rollin Colgan, Shawn Colgan jr, Susan Barber, Logan Barber, Shawnee

4

Wood Defendants have made financial Arrangements with other Defendants to prosper financially

5

to the detriment of the minor children and Plaintiff.

6

140.

Justina Robinson, Ruth Schulte, Brad York, Amy Killion, Tammy Lupardus,

7

Shawnee Wood, Rebecca Simpson, Sheila Moore, Debra Burns, Theresa Lowe, Defendants have

8

prospered, by teaching other Defendants, at all relevant times how to bring about fraud,

9

unlawful/false investigations, bring about unfounded and unsubstantiated allegations against

10

Plaintiffs and minor children, including but not limited to the 11TH hour, in an attempt to pervert

11

justice and divert the spotlight of justice from the actual wrongdoers and Government officials

12

under their cloak of authority as government agents and officers of the court.

13

141.

Amy Killion, Justina Robinson, DSS-CD, Sheila Moore and Rebecca Simpson,

14

Tammy Lupardus, Ernest Trakas Lebanon R-III School District, Lynn Brand, Gerard Harms, Brad

15

York, William Morris have disclosed shared protected information, including manufactured false

16

information, to further the conspiracy.

17

142.

May 31st 2013 William Morris a mandated reporter, Detective at Laclede County

18

Sheriff Department received a written statement that Plaintiff and Plaintiff Family had made, and

19

failed to report, failed to investigate and refused to receive evidence to prove harm and injury had

20

occurred to N.L. and K.L., by Amanda Rollins Colgan, Shawn Patrick Colgan jr, Justina Robinson,

21

Nickie Watsons Actions and inactions. Instead Morris, furthered the conspiracy and fraud by

22

ing Juvenile Division of the 26th District Court and wanted to see if he could bring charges

23

against K.L. age 7. 38

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 38 of 212

1

143.

Laclede County Sheriff Office was ed by FBI Intake officer when Plaintiff

2

made a complaint, about the failure to investigate and receive evidence. Morris Deceived the FBI

3

agent by inferring he was conducting an investigation and would receive evidence from Plaintiff

4

and Plaintiff family.

5

144.

Morris only took 2 evaluations from Plaintiff, per his report took the reports and

6

gave them to Nicki Watson CD, and pursued the allegations against K.L., and tried to develop a

7

case against Plaintiff and Plaintiff family.

8

145.

Morris was approached by Plaintiff Sherry Lagares in 2015, with documented

9

evidence of the racketeering and conspiracy activity, of Defendant’s, Amanda Rollins, Shawn

10

Colgan jr, Tammy Lupardus, Nickie Watson, Justina Robinson, Shalyn Howe, Sheila Moore DSS

11

and Lebanon R-III School, The 26th District Enterprise, Morris threatened Plaintiff Sherry Lagares

12

with a charge of making a false statement to shut her up and pervert the course of justice.

13

146.

When Plaintiff Sherry Lagares confronted Morris with evidence, of a taped

14

conversation between the 2 of them that proved Plaintiff made no such false statement that he was

15

accusing her of, Morris has since refused to return calls or have any meeting with Plaintiff Sherry

16

Lagares.

17

147.

Morris was angry and made reference to a lawsuit that was filed Naming Multiple

18

Government workers as defendant’s and with his previous knowledge of the FBI activities that

19

Plaintiffs were and are participating in protective activities. To plaintiffs knowledge Morris did

20

not refer the investigation to any other agency for appropriate investigations.

21 22

148.

When Plaintiff presented Morris with evidence that showed evidence of the

abduction and kidnapping pattern of racketeering, deception, conspiracy and collusion, using the

39

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 39 of 212

1

various government agencies, Police and Police reports to aid in the abduction and kidnapping of

2

Kl and N.L., Morris has cut off all communication with Plaintiff Sherry Lagares.

3

149.

Amanda Rollins Colgan and Shawn Patrick Colgan jr., Shawnee Wood Defendants

4

have family and political connections that have suppressed evidence, destroyed evidence,

5

manufactured evidence or reports, and brought fraud upon the court, offices of Prosecutors, and

6

Plaintiff’s.

7

150.

Plaintiff requested access to the Mo. State E- System to participate as a non-Bar

8

card holder (pro-se Litigant and has been denied and discriminated against as a class of people pro

9

se litigants equal access to the Missouri Court System.

10 11 12

151.

Plaintiff has been denied any access by the 26th Judicial Circuit Court System of

any type of electronic filing, thus discriminating against pro-se litigant. 152.

Plaintiff requested on the record, 2 written request and filed in Camden County

13

Circuit Court, accommodation and Plaintiffs’ own assistive technology (for his disability to

14

participate in a protective activity, court proceeding as non-disabled litigants and Mo. Bar Member

15

have and has been denied the request.

16

153.

Plaintiff requested access and permission to enter with his electronics and conduct

17

business in the Justice Center, A Camden County Owned Property, and the Justice Center houses

18

the Camden County Circuit Court, and other State and County offices, and Plaintiff has been

19

refused equal access to Court and Court System, Government buildings and the Court System as

20

Bar Card Lawyers have access to.

21

154.

Aaron Koeppen, Brad York, Lynn Brand, Amy Killion, Justina Robinson, Steve

22

Jackson, Ruth Schulte, Jack Miller, Susan Barber, Logan Barber, Andrew White, Defendants have

23

accepted/viewed/in possession of/obtained knowledge of manufactured evidence, by e-mail, U.S 40

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 40 of 212

1

Mail, Facsimile and other means, and will be/or have been unlawfully allowed, to introduce or

2

use this manufactured evidence, without Due Process of Law, and in violation of court civil

3

procedures, Plaintiffs Civil and Natural Rights, to cause harm and injury, to Plaintiffs and

4

Plaintiffs family.

5

155.

Tammy Lupardus defendant has itted (on Audio to Plaintiffs of her activity of

6

stalking/tracking/targeting of Plaintiff since Plaintiff was a child, and continuing the activities by

7

using the Department of Education of Missouri and the Missouri Court authorized internet program

8

Casenet to do so.

9

156.

Camden County Circuit Clerks Office, Defendants have used the Casenet, internet

10

program to inform all Defendants, furthering the conspiracy, as to the plaintiff’s and minor

11

children and impugning of Plaintiffs, including the impugning of the minor children, without Due

12

Process of rights to the children or Plaintiffs, this system and the data entered and altered at all

13

relevant times, aided in the continued violations of Plaintiffs Civil and Natural Rights, and fraud

14

causing harm and injury to Plaintiffs and Plaintiffs Family.

15

157.

Unknown Defendants have accessed the casenet program and entered K.L. and N.L.

16

Juvenile information, information obtained in violations of the named violation in this

17

claim/complaint, for the sole purposes of the continued RICO activity and conspiracy, to cause

18

harm and injury to Plaintiffs’ persons, business, property, and the right to enjoyment free of

19

government intrusion, harassment, familial rights, and the right to contract.

20

158.

Defendant’s Amy Killion and Emily Olroyd conspired to produce a manufactured

21

document known as Psychological Evaluation of Plaintiff Dennis Lagares Jr, to further the

22

conspiracy scheme, and cause harm and injury to Dennis Lagares Jr, property, business, and

23

person. Emily Olroyd and Midwest Assessments and Psychological Solutions profited from the 41

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 41 of 212

1

fraud and received monies funded in part/or whole by the Federal Government. (documented by

2

audio and written documentation

3 4 5

159.

Sandy Doren and Amy Killion conspired to defraud and profit from US

Government Funded programs, in furtherance of the illegal scheme. 160.

Tammy Lupardus made Public statements to news media outlets October 16th 2012,

6

that the Lebanon R-III School District “And our facilities are inadequate as far as space and

7

they’re also inadequate as far a quality issues for instructional purposes.” She also made

8

public states, showing her discontent and hostility toward Lebanon R-III school District does not

9

pay her as much as Camdenton R-III School Did. Forcing K.L. into involuntary servitude and the

10

“badges and incidents of slavery” to allow her and the Lebanon R-III school district to prosper

11

from receiving Federal funds.

12

161.

Lebanon R-III School District, DSS-CD and its employees and contractors profited

13

from the fraud, continued pattern of RICO, and Retaliation and received monies funded in part/or

14

whole by the Federal Government. In Furtherance of the conspiracy Dss-Cd documents show only

15

serious need Of Kl is he is in need of an IEP, through the school System and Father refuses.

16

Documentation shows no inappropriate sexual activities between K.L. and N.L., ever occurred,

17

however this was the basis for DSS-Cd intrusion cases and into the rights of plaintiffs. This

18

information was used to secure monies from the Federal Government, Plaintiffs, and violate

19

Plaintiffs rights causing harm and injury to Plaintiffs.

20

162.

. Nickie Watson/Justina Robinson refused and against State of Missouri policy as

21

right of first refusal when DSS demanded family placement other that parents of K.L. and N.L.

22

Sherry Lagares requested custody of K.L. and N.L.. And was immediately denied.

42

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 42 of 212

1

163.

Goldman, Mickes and O’Toole, and its partners and employees, including Ernest

2

Trakas profited from the fraud and received monies funded in part/or whole by the Federal

3

Government.

4 5 6 7

164.

Camdenton R-III School and its employees and contractors profited from the fraud

and received monies funded in part/or whole by the Federal Government. 165.

Midwest Psychological Solutions P.C. profited from the fraud and received monies

funded in part/or whole by the Federal Government.

8

166.

Law Offices of Ruth O Schulte profited from the fraud and bad faith.

9

167.

26th Judicial Circuit Court profited from the fraud/ and bad faith and received

10

monies funded in part/or whole by the Federal Government.

11

168.

Cisar Law Firm profited from the fraud/bad faith.

12

169.

Barbara Vantine Law Firm Profited from the Fraud and bad faith.

13

170.

Phillips Mcelyea, Carpenter and Welch profited from the fraud and bad faith.

14

171.

Deputy & Mizell LLC, profited from the fraud and bad faith.

15

172.

Brand Law Firm Profited from the fraud and bad faith.

16

173.

Kid Harbor profited from the fraud/bad faith and received monies funded in part/or

17 18 19 20

whole by the Federal Government. 174.

Thompson Center University of Missouri profited from the fraud and received

monies funded in part/or whole by the Federal Government. 175.

Daylight Counseling LLC and Doug and Sandy Doren participated in the fraud/bad

21

faith and profited from the fraud/bad faith and received monies funded in part/or whole by the

22

Federal Government.

43

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 43 of 212

1 2 3 4 5 6 7 8 9 10 11 12

176.

State of Missouri profited from the fraud and received monies funded in part/or

whole from the Federal Government. 177.

Vivint Alarm, knowingly enforced a void istrative order, and secured monies

from Plaintiff Dennis Lagares Jr to give to the DSS for a void istrative order. 178.

Beverly Chapman employee of DSS-employee failed to follow state protocol,

furthering the conspiracy. 179.

Theresa Lowe, conspired with Amanda Colgan and Patrick Colgan, DSS-CD in

furtherance of the conspiracy causing injury and harm to N.L.. 180.

Camden County Commission was in a position to stop the discrimination, the harm

and injury to Plaintiff’s and failed to act. 181.

Department of Social Services, and it employees and contractors profited from the

fraud and received monies. Funded in part/or whole by the Federal Government.

13

182.

Miller Law Firm profited from the fraud and bad faith and furthered the conspiracy.

14

183.

Defendants Thomas Mickes, Ernie Trakas, Robert O’Neil, Diane Sederwall,

15

Tammy Lupardus, Karen Dugger, Lynette Arnall, Rebecca Simpson, Sheila Moore, Debra Burns,

16

Tracy Klein, Denise Mcintosh, Amanda Frazier, Kristine Wapelhorst, Duane Widhalm, Shalyn

17

Howe, Kyra Crabtree, Erica York, Donna Reeves, Krissy Jackson, Sandy Doren, Ruth Schulte,

18

Arron Koeppen, Kenneth Hayden, Jack Miller, Amanda Colgan, Shawn Colgan jr, Shawnee

19

Wood, Barbara Vantine, James Brad York, Christian Rasmussen, Michael Carter, Lynne Brand,

20

Andrew White, Steve Jackson, Susan Barber, Logan Barber, Deloris Lane, Gail Thompson, Donna

21

Ford Stone, Dana Perkins, Justina Robinson, Jennifer Morgan, Sharron Mizer, Chrystal Deckard,

22

Amy Rozell Killion, Amy Degraw, Casey Cox, Brandi Rockley, Catherine Nicki Watson, Brook

23

Mccarrick, Timothy Hatfield, Samantha Rollins Bryant, Alyson Snyder, Emily Olroyd, Angela 44

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 44 of 212

1

King, Theresa Lowe, Beverly Chapman at all relevant times participated in the scheme and

2

racketeering activities to defraud Plaintiffs. 184.

3

Sheila Moore, Shayln Howe, Lebanon R-III School District employees, held

4

Plaintiff’s Dennis and his family against their will, at the Lebanon R-III school District Property,

5

and falsely imprisoning Plaintiff’s and his minor children at relevant other times during their

6

enrollment.

7

185.

Plaintiff K.L. was represented by Attorney Bridges, Dubail Judge, Home School

8

Legal

9

advocate/interpreter/translator/Grandmother at all relevant times , Barbara Vantine, Brad York,

10

Duane Widhalm, Tammy Lupardus, Sheila Moore, Justina Robinson, Nickie Watson, Aaron

11

Koeppen, Amy Killion defendants were notified/or made aware of, K.L. legal counsel, fathers

12

natural Rights, K.L. disability advocate/interpreter/translator or and K.L. constitutional rights,

13

were demanded and invoked, in all Juvenile matters, and including all matters with the Division

14

of Family services, all matters that involved the Lebanon R-III school District, and any

15

investigations, questioning of K.L. by Government agents/employees/ and contractors, willfully

16

and knowing ignored and violated K.L. rights and Plaintiff Dennis Lagares Jr rights.

17

Defense,

186.

Father/advocate,

Sherry

Lagares

K.L.

disability

Mother Amanda Rollins and Paramour alleged allegations against K.L., for

18

molesting his sister as retribution for K.L. reporting the abusive behaviors of his Mother that were

19

hotline and reported by K.L. Father Dennis Lagares Jr, to the DSS-Cd, Camden County 2007, and

20

again 2 separate reports calls against Amanda Rollins, for harm and injury of K.L. and N.L..

21 22

187.

Rollins and Colgan, in concert with Brad York and Ruth Schulte, placed a DSS

hotline call alleging harm of N.L., by K.L..

45

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 45 of 212

1

188.

Only days prior to having to appear in court on what was contempt of parenting

2

Contract, in an action Father had filed against Amanda Rollins where the RICO activity and fraud

3

were to be exposed, including.

4 5 6

189.

An Action Plaintiff Dennis Lagares Jr had filed with the MO. Department of

Education against Lebanon R-III School District. 190.

Week prior to the hotline call, Colgan, (evidence by a video in concert with Rollins,

7

Colgan had disclosed a plan to eliminate K.L. from their house hold, to K.L. and N.L. and the care

8

of Plaintiffs permanently, by manufacturing charges against K.L. to have him arrested and put in

9

Jail and have N.L. put in jail if not to go along with the plan of Colgan.

10

191.

Once Plaintiff Dennis Lagares Jr was made aware of the evil plan to have K.L.

11

incarcerated and charged with a crime, by Amanda Rollins and Shawn Colgan, K.L. Natural

12

mother and her Paramour,

13

192.

Plaintiffs, presented evidence to exonerate K.L. and all Plaintiffs from the

14

manufactured false charges by Defendants Shawn Patrick Colgan Jr, Amanda Rollins, Ruth

15

Schulte, Sheila Moore, and Brad York, the Divisions of Family Services, supervisor Justina

16

Robinson, refused to receive evidence, harboring ill feeling against Dennis Lagares Jr, since her

17

impugning by Plaintiffs Attorney, as a witness for Amanda Rollins, in July 2012 on the witness

18

stand under oath, in the Camden County Court, for failure to follow protocol and investigate the 2

19

separate 2010, DSS hotline, call for K.L. and N.L.. On or about, October 23, 2010, Justina

20

Robinson conspired with Defendants and specifically, Attorney Ruth Schulte, Camden County

21

Sheriff Department, Attorney Mike Carter, as appointed GAL for the children,, Camden County

22

Prosecutors office, the did not take N.L., into protective custody and enforce the Orders of

46

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 46 of 212

1

Protections signed by and ordered by Judge Christenson, to deliver N.L. into the protective custody

2

of her Father Dennis Lagares Jr

3

193.

In failing to take N.L. into protective custody, as directed and deliver N.L. to

4

Father, as Father was told would happen by Justina Robinson, and was the intended outcome of

5

the order of protection, that was granted to Father, and against Amanda Rollins.

6

194.

Ruth Schulte was allowed to leave the Camden County Sheriff office with N.L..

7

Over the course of the 18 months, in the sole custody of Amanda Rollins, medical records show

8

that N.L. had multiple diagnosis that show a pattern of sexual harm and injury to N.L..

9

195.

Defendant Chris Rohrer shared the title of assistant Prosecution Attorney Camden

10

County at all times relevant to the 2010 order of Protection. Attorney Chris Rohrer, held the title

11

of Assistant Attorney General for the Division of Social Services at the same time, of the 2010

12

order of protection.

13

196.

Defendant Central Bank was the note holder of Plaintiffs home from 2005 to

14

August 2012. And held other notes for Plaintiffs assets. Andrew White was the Attorney that

15

represented Central Bank, against Plaintiffs and then took an appointment as GAL for K.L. and

16

N.L. in 2014. Did not disclose or recuse himself. Chris Mcelyea school Board President

17

Camdenton R-III school, son of Camden County Attorney, Vice president of Central Bank that

18

held several mortgages/notes related to Plaintiffs. Sister of Defendant Amanda Rollins, worked in

19

the Central Bank Mortgage department and had accessed Plaintiffs s and disclosed

20

information. Defendants in collusion caused the Plaintiffs to lose their home and other property.

21

Cause harm and injury to Plaintiffs business.

22 23

197.

After the election of Aaron Koeppen, on or about December 2010, the Orders of

Protection were unsubstantiated, even though Robinson itted on the witness stand she did not 47

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 47 of 212

1

follow protocol, in the investigation of abuse of N.L and KL .. Shortly after the action was

2

dismissed, and an itted botched, in fact no investigation, and the failure to follow protocol,

3

Justina Robinson received a pay raise and a promotion to the Supervisor of the Laclede County

4

Division of Family Services. Shawnee Wood, Amanda Rollins Mother, was a known and active

5

participant in the election of Aaron Koeppen. Wood worked in concert with known staff

6

of the Kids Harbor Osage Beach Missouri in the election process of Aaron Koeppen. Mike Carter

7

is the President of the Kids Harbor Inc, and his Law firm, of Phillips Carpenter, Mcelyea, and

8

Charles Mcelyea is the ed agent, and Firm and its partners or associates, have at all relevant

9

time since its inception, held titles within the entity. On or about December, 2010 Attorney Van

10

Tine was appointed as GAL for the Children, Van tine as well misrepresented herself as a legally

11

qualified GAL, when in fact she was not. Van Tine had not complied with the Mo Supreme Court

12

Rules to be appointed as a GAL in the Camden County 26th District Court, or in the State of

13

Missouri and or the Federal CAPTA. In about December, 2010, Van tine again in writing sent a

14

letter, identifying herself as the Children Attorney, misrepresenting the Law and her Official

15

Appointment. Even though the Rules were clearly set out By the Missouri Supreme Court, making

16

a clear distinction between, a Guardian ad litem and a child’s attorney. Van tine demanded monies

17

from Plaintiff. At all-time relevant, Van Tine refused to intervene on behalf of Kl and N.L. when

18

she was presented evidence of Abuse and Neglect, refused to communicate and remained silent on

19

the abuse and neglect evidence she had been presented, in fact her own statements state she never

20

reviewed the evidence at all. Van Tine refused to meet with K.L. and N.L. until after trial of April

21

2012. Vantine was notified on or about May 2011, of refused to act in K.L. best interest and obtain

22

the educational, medical and psychological services for K.L.. Vantine aided and participated in

23

the mind altering of N.L., by Amanda Rollins and Shawn Colgan Jr., so much as N.L. was confused 48

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 48 of 212

1

as to her Father was. Rollins and Colgan took N.L. childhood memories from N.L. and Fathers

2

and K.L.’s loving times together as a family, and replaced those memories with memories of

3

Shawn Colgan Jr. as her only earthly Father, using God the Father to explain the acceptance of

4

more than one Father to N.L., then continuing with this deception until, Dennis Lagares Jr was to

5

be completely erased from her memory. Vantine, withheld payments arrangements and committed

6

fraud upon the court and Plaintiff Dennis Lagares Jr, to extort monies from Dennis Lagares Jr, and

7

to receive by deceit a court order for more monies, even without producing a statement to reflect

8

such charges. Judge Hayden the Presiding Judge for the 26th District has taken no action against

9

any of the Defendants in his official capacity. With knowledge of the illegal appointment of GAL

10

Vantine and the duty to force her to step down as GAL for K.L. and N.L., Judge Hayden too this

11

action, to justify the wrong doing of Vantine. In April 2011 he signed an istrative order,

12

ordering the GAL’s, thus Vantine and Carter to adhere and comply with, the Missouri Supreme

13

Court Rules, to be legally appointed as GAL for children in the 26th district. With knowledge did

14

not disqualify or take actions against attorney, GAL Vantine, and allowed her to remain as the

15

GAL for K.L. and N.L., to continue. Defendants and specifically Attorney Barbara Van tine

16

conspired and acted in concert with Rollins and Shawn Colgan jr., Schulte, and Judge Koeppen,

17

Judge Hayden, to continue to extort monies from Plaintiff Dennis Lagares Jr and undisclosed to

18

Plaintiff’s Father of K.L. and N.L., began a secret dual representation of K.L. and N.L., by secretly

19

representing Amanda Rollins and Shawn Patrick Colgan Jr, as well.

20

198.

Vantine refused to participate in any activity or review any evidence that might be

21

used against Amanda Rollins or Shawn Patrick Colgan, and in the children’s best interest.

22

Attorney Vantine undisclosed to Dennis Lagares Jr, or his legal Counsel, secretly began acting on

23

behalf of Shawn Patrick Colgan Jr, and Amanda Rollins, in Orders of Protection that were not part 49

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 49 of 212

1

of the Divorce Case, and had separate parties. However, Vantine billed Dennis Lagares Jr for such

2

activity.

3

199.

Attorney Vantine and Judge Aaron Koeppen have had secret ex-parte meetings, as

4

stated to Officer Michael, of the Lebanon Police Department, (as evidenced by audio By Barbara

5

Vantine after the divorce decree and special parenting plan were in place, to facilitate in the

6

kidnapping and aid in the deceit of, Lebanon Police Department, the Laclede County prosecutor’s

7

office and in concert with other defendants deceived the Laclede County Sheriff Department and

8

other Law enforcement agencies.

9

200.

Lebanon R-III school and its employees/contractors and DSS-employees and

10

contractors, Barbara Vantine, Ruth Schulte, Amanda Rollins Colgan, Shawn Colgan Jr, At all

11

relevant times involved in RICO conspiracy activity and altered or cause the testing results to be

12

altered of Kl and Nl, to bring fraud upon Plaintiff’s, bring fraud upon Plaintiffs Legal Litigation,

13

bring fraud upon the Court, and to abduct and kidnap K.L. and N.L. from Plaintiff and Plaintiffs

14

Family..

15

201.

Attorney Van Tine continued with Judge Koeppen to have meetings after the final

16

agreements, parenting plans and divorce decree were final and in concert produced secret memos

17

that aided in the kidnapping of K.L. and N.L. by Rollins and the Lebanon R-III school District.

18 19 20

202.

These memos were also used to deceive the Laclede County Sheriff Dept. and the

Laclede County Prosecutors Office and impugn Plaintiff’s character, 203.

Thus these activities of the Defendants Missouri Department of Elementary and

21

Secondary Education, Missouri Department of Social Services, Midwest Assessments and

22

Psychotherapy Solutions, Angela King, Vantine, Koeppen, Rollins, Colgan, Lupardus, Simpson,

23

Moore, Howe, Robinson, Wood, Schulte, York, Rasmussen, Harms, Trakas in concert with DSS50

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 50 of 212

1

Employees and Government Contractors Sandy Doren, Emily Olroyd, has resulted in

2

uninvestigated or not properly investigated claims of harm and injury, that were reported by

3

Plaintiffs’ including K.L. and N.L., K.L. and N.L. primary care physician, the children’s

4

psychologist, Laclede County Sheriff Dept, FBI agent, the Plaintiff’s family, and Mercy Hospital.

5

204.

These very agencies that have been entrusted to protect from harm and injury

6

perverted justice, and have refused to punish the Wrongdoers. Plaintiffs are ready willing and

7

able to present evidence, to the court and are in possession of documentation that the continued

8

neglect, abuse, family alienation and parental alienation of the minors Kl and N.L. is being allowed

9

to continue, in concert with Defendants and aided by GAL Brad York, Gerard Harms, Ralph Jaynes

10

and Amy Killion and other Defendants as of the date of this filing. The minor children are in need

11

of immediate protection from the Defendants.

12

205.

Defendants Amy Killion, Lebanon R-III School, DSS-CD in concert with the

13

enterprise, tried to use the same play book to oust Ginger Lagares of her t Custodial Rights of

14

AB and JB.

15

206.

So me Defendants, made Order of Protections, signed by Judge Jackson, Laclede

16

County Court, granting protecting of the minor children by placing them in the sole custody to

17

Petitioner Dennis Lagares Jr of K.L. and N.L. made this order simply disappeared for months and

18

months, against Amanda Rollins and Shawn Colgan jr. in the Camden County Court, under the

19

authorization of Aaron Koeppen, without any meaningful hearings or trials, or notifications to the

20

Plaintiff.

21

207.

Some Defendant’s and Judge Jaynes, denied hearings or trial dismissed child ex-

22

parties order of protections stating as a matter of law, yet all docket sheets show continuances or

23

agreements. 51

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 51 of 212

1

208.

Judge Jaynes, Judge Hayden, Judge Arron Koeppen, Judge Jackson, Judge

2

Winfrey, Judge Colyer Defendants have acted in istrative/personal capacity, is so doing

3

violation of the Missouri Supreme Court Rules, Local Court Rules, Missouri Bar Rules of

4

professional Conduct and ethics, state Constitution, U. S. Constitution, and State and Federal

5

Laws regulations and Policies.

6

209.

Judge Aaron Koeppen appointed James Brad York, as an illegal GAL and when a

7

hearing was finally granted, it was found he was in violation of Laws of the state, the Mo. Supreme

8

Court rules and Judge Aaron Koeppen as payment to James Brad York had him submit a bill to be

9

paid by Plaintiffs or parties to the case. The bill was in excessive of $15,000. And when Plaintiff

10

requested a trial by Jury he has been denied in violation of Mo Constitution and the U. S.

11

constitution.

12

210.

Once Plaintiff’s began the RICO investigation, over 4 years ago, the Enterprise and

13

illegal activity was identified in part, and the pattern of activities, and the continued activities have

14

been discovered and some of the activity was made public information, to stop the illegal acts, the

15

retaliation and need to silence of Plaintiffs became the focus of all wrongdoers, among the co-

16

conspirators to hide the fraud and bad faith, extortion, interference with contract rights, blackmail,

17

violations of Mo constitution, State and Federal Law, policies and regulations and the U. S.

18

Constitution, violations of common Law.

19

211.

All Judges in the Enterprise, appointed Lawyers knowing they were not qualified

20

to act as Judicial Arms of the Court. The Camden County Clerk’s office, was directed/or produced

21

on their own violation to produce several different manufactured list for the same time period, in

22

violation of Mo. Supreme court rules, Local Court Rules, CAPTA, Mo. State Statutes, (as audio

23

will show. In fact at all times relevant there was no list to appoint Lawyers from, but 52

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 52 of 212

1

Lawyers/Friends of the Judges were appointed and Plaintiff was forced to pay monies to these

2

Lawyers or face sanctions and or Jail.

3

212.

Judge Jaynes had ex parte communication with witness and attorneys.

4

213.

Aaron Koeppen, summoned Intervener, to the court room, after trial, and with no

5

evidence introduced at all, threaten Intervener, which was not a party to the case at the time and

6

had never testified in the case, so that the furtherance of the conspiracy could continue in secret

7

and undercover, and the fraud that had been brought upon the court/ Plaintiffs family in the final

8

divorce decree and the Special Individual Education Plan and Medical Plan of the minor Children,

9

K.L. and N.L. would never be followed or implemented by the Defendants, Amanda Rollins and

10

the Lebanon R-III school District, even though the Lebanon R-III district was under Federal Law

11

to act, under the Individual with Disabilities Act, Sec. 504 of the Rehabilitation Act, the American

12

with Disability Act, The Mo State Statutes, and local regulations and policies, their refusal and in

13

concert with Division of Family Services, and Some Defendants,

14

214.

Plaintiffs Dennis Lagares Jr t Legal and t Physical Custody Rights could

15

and would be stripped, by the Lebanon R-III School System and their Attorney Ernest Trakas, and

16

the Attorneys Firm. Plaintiff recognized this injustice and filed a Federal Complaint, alleging the

17

very plan that has been carried out over the past 28 months and continuing, and entered an

18

istrative Hearing as early as October 2012. Some Defendants have in concert, acted with

19

Defendants and Government Officials of the Missouri Department of Social Services, Department

20

of Youth Services, and the Department of Education, and the Political subdivisions of the State of

21

Missouri, to cause the Plaintiff’s to bring about this case, this has all taken place under the authority

22

in and by actions of government employees.

53

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 53 of 212

1

215.

At all times relevant herein, Defendants government actors acted pursuant to the

2

policies, regulations, or decisions officially adopted or promulgated by the aforementioned, which

3

acts may fairly be said to represent official policy or were pursuant to the governmental custom of

4

aforementioned counties, and thereby the State of Missouri.

5

216.

Defendant’s was at all relevant herein, the Commissioners of Camden County

6

Missouri. Defendants acted pursuant to the policies, regulations, or decisions officially adopted

7

or promulgated by the State of Missouri Statutes.

8 9 10 11

217.

At all times relevant herein, Government Defendants have acted under the color of

authority of the law of the State of Missouri or in active concert with such defendants who were so acting. 218.

At all times relevant herein, Defendants were Public School Districts in the state of

12

Missouri, political subdivisions of the Missouri Department of Education. Defendants acted

13

pursuant to the policies, regulations, or decisions officially adopted or promulgated by the Local

14

Board of Education and the State of Missouri Department of Education.

15 16 17

219.

At all times relevant herein, Defendants acted under the color of authority of the

law of the State of Missouri or in active concert with such defendants who were so acting. 220.

Barbara Vantine, Michael Carter, Andrew White, James Brad York at all relevant

18

times held a position known as appointed arm of the court Guardian ad litem (GAL,

19

owner/partner/employee a Law firm, Private attorney.

20

221.

Jay Nixon, Defendant at all relevant time held a position known as Mo. Attorney

21

General and Chief Magistrate of Missouri. Defendant acted pursuant to the policies, regulations,

22

or decisions officially adopted or promulgated by the State of Missouri Statutes.

54

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 54 of 212

1 2 3

222.

Kris Koster, Missouri Attorney General Defendant, acted pursuant to the policies,

regulations, or decisions officially adopted or promulgated by the State of Missouri Statutes 223.

Sandy Doren Defendant at all relevant times held a position In Camdenton R-III

4

School, was a contractor for DSS-CD, therapist for K.L. and N.L., Co-Owner Member with Doug

5

Doren of Daylight counseling.

6

224.

Ruth Schulte, Defendant Attorney for Amanda and Shawn Colgan Jr..

7

225.

Steve Jackson, Larry Winfrey Defendants at all relevant time held a position known

8

as Judge Laclede county circuit court. Defendants acted pursuant to the policies, regulations, or

9

decisions officially adopted or promulgated by the 26th Judicial Circuit Court and thus the State of

10 11

Missouri and its Statutes 226.

Judge Kenneth Hayden, Aaron Koeppen, Ralph Jaynes, at all relevant times held a

12

position known as Judge at Camden County circuit Court. Defendants acted pursuant to the

13

policies, regulations, or decisions officially adopted or promulgated by the 26th Judicial Circuit

14

Court and thus the State of Missouri and its Statutes

15

227.

August 27th and August 28th 2012, Dr. Caroline Campbell Office, sought DSS-CD

16

help to protect N.L. The fresh memories of Justina Robinson DSS-CD Caseworker now

17

Supervisor, embarrassment and disclosure of her failure to perform her Duties, during

18

investigations in 2010 was exposed on April 12th, 2012, for not following protocol when

19

investigating, and providing services to K.L. and N.L. and their Father for the Hotline allegations,

20

injury and harm made to K.L. and N.L., of the allegations reported by Dennis Lagares Jr, Sherry

21

Lagares in 2010. Her collusion with Ruth Schulte and others would sure to be discovered.

22 23

228.

Barbara Vantine, (GAL Court appointed, 2010-2012 actions and inactions were

coming back to haunt her, with the August 27th and August 28th Made by Dr. Caroline 55

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 55 of 212

1

Campbell’s Office to DSS-CD. Vantines inactions and actions would be brought back to haunt

2

her. If all was disclosed that had happened to N.L. while in the sole custody of N.L. Mother and

3

her Paramour Shawn Patrick Colgan (Patrick. If all was disclosed that had happened to N.L. while

4

in the Custody of Amanda and her Paramour Shawn Patrick Colgan Jr..

5

229.

August 1st 2012, contract and plan that was incorporated into the, final divorce

6

decree, for legal and enforcement purposes, included in that plan was KL and N.L. Individual

7

Education Plan (IEP and Individual Health Care Plans (IHP, Primary Care Physician).

8

56

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 56 of 212

1

COMMON ALLEGATIONS

2

230.

3

Case No. 07CM-DR00188, Dennis Lagares Jr v. Amanda Lagares, Camden

4

County. On September 4, 2007, Dennis Lagares Jr filed a petition for divorce. Michael Carter

5

was appointed the guardian ad litem (GAL for the children.) 1 231.

6

On September 10, 2007, Dennis Lagares Jr petitioned the Court for and obtained

7

a Protection Order for himself against Amanda in Camden County, Ex Parte Case No. CV-C7CM-

8

PN00339. The Court set a hearing date of October 17, 2007. 232.

9

Dennis Lagares Jr also ed the Camden County Division of DSS, on

10

September 10th 2007 to discuss concerns for his children’s safety. After discussions with the

11

Miller County Division, the report was Unsubstantiated. 2 Letter dated September 11, 2007 from

12

Brandi Rockley, Camden Co. DSS, to Judge Colyer. 233.

13

Amanda violated the Protection Order on three occasions, and on September 28,

14

2007, the Court issued an arrest warrant, which was executed by the Camden County deputy on

15

October 4, 2007; Amanda was to appear before the Court on November 11, 2007. 234.

16

On October 3, 2007, the parties filed a Stipulation as to Custody that provided, as

17

follows: parents would have t legal and physical custody of the children with the dates and

18

times of exchanges; and while the children were in the physical custody of a parent, they were

19

prohibited from having overnight guests, unless related by blood or marriage, and use of the

1

Notwithstanding the requirements regarding GAL’s, a list of qualified attorneys to serve as GALs was not maintained and in these cases, it was usually found that the GALs were either not qualified or had not properly filed their certification. 2 See Letter dated 9/11/07 to Judge Colyer from Camden Division of DFS stating that Dennis had ed them for the purpose of discussing his children. The letter is signed by Brandi Rockley and finds, after discussing with the Miller County division, that there is insufficient information to warrant acceptance of a Child Abuse/Neglect report. 57

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 57 of 212

1

internet; and of the opposite sex would not be allowed in the presence of the children.

2

Right of first refusal by parents of parenting time custody, was stipulated to Sherry Lagares as

3

caretaker in absence of parents Stipulation as to Custody.

4

235.

Based on promises of counseling by Amanda, threats by Amanda that no one will

5

ever believe you, and in an attempt to reunite his family, Dennis dismissed the divorce action on

6

January 17, 2008.

7

236.

On October 22, 2010, Judge Richelle Christiansen entered an ex parte Order of

8

Child Protection on behalf of Kyle, Case No. 10CM-PN00350, 26th Judicial Circuit Court,

9

Camden County against Amanda, based on allegations, among other things, that Amanda hit Kyle

10

with a bat, injuring his right leg. A hearing was set for November 15, 2010. Michael Carter was

11

appointed GAL.

12

237.

At the instruction of the court clerk, Dennis reports to DSS Kyle’s leg injury and

13

his concerns for Nicole’s wellbeing. Later, DSS finds the report Unsubstantiated. A Missing

14

Child report was also filed with the Camdenton Sheriff’s Department.

15

238.

On that same date, October 22, 2010, the Camden Division of DSS issued a letter

16

to the “Circuit Judge” from Cheryl Snapp, which set forth Dennis’s statement that Kyle told him

17

Amanda hit him with a bat. Ms. Snapp found insufficient information to warrant acceptance of a

18

Child Abuse/Neglect report. The Part B, Safety Assessment/Safety Decision also states that there

19

is no child likely to be in immediate danger or serious harm, and it signed on 10/22/10, but the

20

signature is illegible.

21

239.

On October 23, 2010, Judge Richelle Christiansen entered an ex parte Order of

22

Child Protection on behalf of Nicole, Case No. 10CM-PN00354, 26th Judicial Circuit Court,

23

Camden County against Amanda, based on allegations that Amanda spanked Nicole loud enough 58

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 58 of 212

1

to be heard through closed doors while at the Emergency Room with Kyle, pulling Nicole to the

2

ground by her hair, and being made aware of an investigation regarding the injury to Kyle resulting

3

in the emergency room visit. Amanda took Nicole without disclosing her whereabouts. As a

4

result, Dennis feared for her safety. A hearing was set for November 15, 2010. Michael Carter

5

was appointed GAL. No hearing was held; nor did Michael Carter ever Dennis or Kyle. 240.

6

On October 23, 2010, DSS case worker, Justina Trudgeon/Robinson appeared

7

outside the Court House to speak with Dennis regarding Nicole. The only question asked of Kyle

8

was how he hurt his leg, and, because he was barely within hearing range, practicing on his new

9

crutches, Ms. Trudgeon did not hear his response. Dennis and children’s paternal grandmother,

10

Sherry Lagares, advised Ms. Trudgeon of the history and circumstances. 241.

11

Beverly Chapman and her husband, William Chapman, the on-call Pettis county

12

prosecutor, 3 became involved and at times waited in the immediate area of the home of the

13

maternal grandmother, Shawnee Woods, who lived in Miller County. Shawn Patrick Colgan

14

resided in Pettis County. (Ford Police Report. 242.

15

Counsel for Amanda, Ruth Schulte s DSS, the authorities, and Assistant

16

Prosecutor to arrange a meeting to bring in Nicole -- six days after she was Kidnapped – so that

17

they could be sure that Nicole was unharmed, which was the end of October, 2010. Neither

18

Dennis, nor any of his family could be present. In an attempt to explain the circumstances, Schulte

19

tells the authorities that Amanda and Dennis are going through a messy divorce and Dennis’s

20

family was harassing her. Working through counsel, from the date Nicole was Kidnapped until

21

the March 16, 2012 Stipulation of Visitation and the April 18, 2012 Order, Dennis was only given

The Child Protection Orders and Missing Child reports were filed against Amanda; Shawn Patrick Colgan resides in Pettis County. See Docket Sheet entries in early 2011 in cases CV-11CM-PN0019 and PN00020. 59 3

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 59 of 212

1

a few opportunities to see Nicole, usually only 2-4 hours at a time. For almost eighteen months

2

remained with Kidnapper, Amanda retained physical custody of Nicole. Ford Police Report;

3

243.

K.L. is enrolled at Camdenton R-III School August 2010. August 30, 2010

4

Amanda signs agreement with Camdenton R-III school district for principle and reading teacher

5

Sherry Lagares to collaborate because school is requesting that K.L. be placed back in preschool.

6

244.

From October 22, 2010, for approximately the next eighteen months until the

7

Stipulation for Visitation and the Court’s April 18, 2012 Order, Amanda had physical custody of

8

Nicole and Dennis had physical custody of Kyle. Negotiating with Amanda to see Nicole was a

9

constant struggle.

10

245.

On November 10, 2010, Amanda filed for a divorce in Case No. Case No. 10CM-

11

DR00195, Amanda Racquel Lagares v. Dennis Anthony Lagares (Divorce Case, to which Dennis

12

moved for additional time to plead and subsequently filed responsive pleadings, setting forth

13

allegations of harm and injury to the children by Amanda (later amended to include abuse of the

14

children by her boyfriend Shawn Patrick Colgan jr.

15

246.

On October 27, 2010, Kyle was examined by Shriners Hospitals for Children. No

16

fracture was seen on the x-rays; there is a finding of moderate coxa valga, which will likely cause

17

intermittent pain. Dennis was instructed to keep an eye on him, limit his activities as needed and

18

they will see him again as needed. Shriner’s physician notes and records.

19

247.

Dr. Hopkins first saw Kyle on November 3, 2010; he presented with an upper

20

respiratory infection and healing injury to his right leg. He was restless and uncooperative,

21

exhibiting oppositional behavior with Dr. Hopkins and other caregivers. See Hopkins Letter,

22

4/19/2012.

60

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 60 of 212

1 2 3

248.

On November 10, 2010, Amanda petitions the Court for dissolution of marriage

and custody arrangement. Case No. 10CM-DR00195. 249.

November 11, 2010. Dennis is reported to the Camdenton Superintendent

4

Defendant Tim Hatfield for educational Neglect. Principal Slack (Ruth Schulte Client Possible

5

business relationship called Dennis and Sherry and said she was sorry, and that she knew Kyle had

6

been injured and had been very ill and that Dennis was picking up his homework. In fact she had

7

refused to allow Kyle to return until fever free for 24 hours.

8 9 10

250.

November 11, 2010 K.L. is dropped from the Camdenton R-III school roll per

Dennis request. K.L. did not make progress in Camdenton R-III School. 251.

Over a period of several months from the end of 2010 through the first part of 2011,

11

Amanda and Patrick posted among them and friends derogatory comments, causing harm to

12

Dennis, and communicating threats of murder about shanking Sherry Lagares and Amanda was

13

going to go get a gun, via internet facebook post, who is Kyle and Nicole’s grandmother; Sherry

14

had also discovered that Alyson Snyder and Amanda Rollins via Facebook post appeared have

15

possible been involved in a Murder, (sherry talked to internal investigators and was asked put all

16

fb post and information and timeline together and sent it to internal affairs at Missouri Department

17

of Revenue) that took place in Jefferson City Missouri at McDonalds, in 2011. Snyers coworker

18

was murdered by her estranged husband also a c worker at Mo Dept of Revenue. Her co worker

19

worked a second job at Mcdonalds were Snyder’s ex boyfriend and father of her child also worked..

20

Snyder’s ex boyfriend and her co-worker that was murdered were very close personal friends and

21

worked together at Mcdonalds. Snyder and Rollins posted they had a list and were adding peoples

22

names to it. They added a co-workers name to that list that a co-worked had embarrassed Snyder

23

at her work Mo dept of Revenue. (Rollins was also employed at Mo Dert of Revenue sometime in 61

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 61 of 212

1

2011, Snyder and Rollins both became unemployed by the MO dept of revenue at the same times

2

) Shawn Patrick Colgan Jr Verbally and via electronic text messageing conveyed harassing and

3

threatening messages regarding harm to Dennis Such as knock that f****** smerk of your face,

4

come meet me without your mommy, brothers, dad or the police. verbally told Dennis Lagares Jr

5

that he would kick his A** ect told K.L. and N.L. that he would kill all of the family. there is face

6

book post of Amanda Colgan and Shawn Patrick Colgan planning Dennis Lagares Jr Murder When

7

Shawn Patrick Colgan said I will beat the Hell out of him Amanda Colgan responded that's not

8

going to be enough evil doesn't go down so easily., ; January 2011, Patrick began sending texting

9

messages to Sherry threatening her in the event of her possible testimony in the custody/divorce

10 11

case. 252.

Later 2011 threats by Colgan and Amanda via Dennis Lagares Jr in regards to

12

Amanda’s friend’s possible criminal trial for the IRS false reporting and any possible involment

13

in a co-workers murder, that was under investigation ; Sherry had been in with Internal

14

Affairs Mo Dept of Revenue, and reported Alyson Snyder to Internal Mo Department of Revenue

15

investigators (Snyders employer for her collusion as a gov agent with Amanda Rollins and

16

Shawnee Woods) in the plan 2007 they used to harm Sherry, Snyder and rollins posted 3 years

17

later on the internet the false reporting of Tax fraud.

18

Shawnee Wood made a false report to the IRS regarding Sherry’s financial wherewithal. This

19

stalking , harassing, murder threats, and mocking behavior resulted in Denny and Sherry

20

petitioning the Court and obtaining Ex Parte Orders of Protection, as follows:

21

253.

Amanda Rollins, Alyson Snyder and

On December 7, 2010, the Court entered its Order appointing Barbara Van Tine

22

as Guardian Ad Litem for the children. Vantine never met with the Children until after the trial of

23

April 12, 2012. 62

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 62 of 212

1

254.

On December 30, 2010, the case is transferred to Judge Koeppen.

2

255.

January 2011 Vantine demands K.L. be placed back into school.

3

256.

On January 19, 2011, Judge Aaron Gabrial Koeppen, 26th Judicial Circuit Court,

4

Camden County, issued a Temporary Protection Order to Dennis in Ex Parte Case No. CV-11CM-

5

PN00020, against Shawn Patrick Colgan. Copies were sent to Pettis County for service. Judge

6

Koeppen held a hearing in which all parties appeared on February 7, 201l, resulting in Full

7

Protection Order, to expire August 7, 2011.

8

257.

On January 19, 2011, Judge Aaron Gabrial Koeppen, 26th Judicial Circuit Court,

9

Camden County, issued a Temporary Protection Order to Sherry Lagares, grandmother of the

10

children, in Ex Parte Case No. CV-11CM-PN00019, against Shawn Patrick Colgan. Copies were

11

sent to Miller County for service. Judge Koeppen held a hearing in which all parties appeared on

12

February 7, 201l, resulting in Full Protection Order, to expire August 7, 2011.

13

258.

On January 19, 2011, Judge Aaron Gabrial Koeppen, 26th Judicial Circuit Court,

14

Camden County, issued a Protection Order to Sherry in Ex Parte Case No. CV-11CM-PN00021,

15

against Amanda. Copies were sent to Miller County for service. Judge Koeppen held a hearing

16

in which all parties appeared on February 7, 201l, resulting in Full Protection Order, to expire

17

August 7, 2011.

18

259.

On February 9, 2011, Schulte filed a motion in 10CM-DR00195, for temporary

19

custody, supervised visitation, and child ; an evidentiary hearing was set for February 16,

20

2011. Subsequently the hearing was (I reset for March 21, 2011, (ii continued on motion by the

21

parties, (iii set on the Court’s dismissal docket for hearing on September 14, 2011, then at the

22

September 14 hearing reinstated for trial on January 11, 2012. Per Docket Sheet.

63

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 63 of 212

1

260.

On or about May 16, 2011, Dennis took Kyle to Dr. Schlesing, Psy.D. Licensed

2

Psychologist, for an evaluation to assess Kyle’s mental, emotional, and behavioral functioning;

3

personality variables, prognosis, diagnosis, and treatment recommendations:

4

261.

Kyle was born with three holes in his heart that has since healed;

5

262.

Kyle was hospitalized with febrile seizures when he was 14 months old, and had

6 7

his tonsils removed in February 2011. 263.

Test Findings, among other things, indicate that verbal skills and word knowledge

8

are strengths for him, but he has serious weaknesses in other skills such as conceptualization skills,

9

opposite analogy skills, counting and sorting skills, numerical memory, coordination skills, and

10

tapping sequences. Emotionally, Kyle is depressed, grieving over the loss of his sister, and anxious

11

about the family situation. He feels inadequate, ineffective, and powerless; he blames himself for

12

the lack of from the mother figure. Kyle harbors a lot of anger toward the mother figure

13

and that relationship trust has been fractured. He blames himself for punishments suffered at the

14

hands of his mother, and perceives his father figure as helpless to do anything to protect him. His

15

fear is that he will go back to live with his mother

16

264.

Kyle’s diagnoses are Adjustment Disorder with depression and anxiety;

17

Developmental Coordination Disorder [dyslexia]; and Mathematics Disorder.

18

Communication Disorder and Phonological Disorder cannot be ruled out.

19

265.

Further,

Recommendations: Speech therapy; play therapy to help him express feelings

20

about the disruption of the family and help him cope with the stress he is feeling; therapy to focus

21

on grief issues; specific recommendations to the therapist as to the kinds of activities to help him

22

improve physically, conceptualizing, counting, problem solving, and memory;

64

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 64 of 212

1

266.

Data indicates there may have been harsh and punitive parenting practices;

2

attachment bond is stronger with his sister than his mother so bonding assessment is recommended

3

as to Kyle and his mother;

4 5 6

267.

Recommended family therapy to help Kyle deal with the circumstances and not

take on the parents’ issues; 268.

Vantine reviews sherry lagares and Dennis Lagares Jr orders of protection angry at

7

Sherry Lagares, Dennis Lagares Jr and Judge Koeppen and tells Dennis it was ridiculous that the

8

judge granted these, You are a strapping young man and you can take care of yourself.

9

269.

On August 10, 2011, Dennis petitioned the Court for an Order of Protection against

10

Patrick on behalf of himself and the children; however, rather than granting the ex parte protection

11

order, the Court issued a Summons to appear at a hearing on August 23, 2011.

12

270.

On August 23, 2011, upon advice of counsel, Amanda sending text messages that

13

Dennis could not see Nicole if he had Protection orders against Patrick, text messages stating that

14

the GAL Barbara Vantine was aware of her activities and because the Divorce Case was scheduled

15

for trial in September 2011, Dennis dismissed his petition in favor of entering what he believed at

16

the time would be a final parenting and custody agreement.

17

271.

On January 25, 2012, Amanda filed a paternity case against Shawn Patrick Colgan

18

in Camden County before Judge Koeppen, Case No. 10CM-DR-00195-01. The docket sheet states

19

that disposition was on May 30, 2012 by civil trial. Nicole was four at the time. This case was

20

for Shawn Patrick Colgan III born during the legal marriage to Dennis.

21 22

272.

On February 15, 2012, Respondent filed his amended pleadings in the Divorce

Case and the Court affirms the trial date of April 12, 2012, with all discovery due by April 1, 2012.

65

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 65 of 212

1

273.

March 16, 2012: A Stipulation as to Visitation was entered in the Divorce Case

2

by Ruth Schulte as counsel for Amanda and by Lew Bridges as counsel for Dennis, with Barbara

3

Van Tine’s approval as GAL. (Stipulation 20120316.

4

274.

On April 12, 2012, trial begins in the Divorce case. After Petitioner rests, Judge

5

Koeppen continues the trial until April 17, 2012, when the parties announce they have reached an

6

agreement as to temporary custody and request a continuance. Judge Koeppen entered his

7

Temporary Custody Order on April 18, 2012 providing, among other things, that the hearing set

8

for that day was continued until August 1, 2012 to allow Respondent to present evidence. Until

9

that time, the parties were to share t legal and physical custody of the children every other

10

week, exchanging physical custody on Sunday afternoons. All GAL fees shall be paid tly by

11

the parties by time of the continued hearing date (8/1.

12

275.

On April 18, 2012, upon motion by GAL Van Tine, the Court ordered Kyle and

13

Nicole for evaluation at the Thompson Center for Autism and Neurodevelopmental disorders in

14

Columbia; however, Van Tine could not or did not get the evaluations scheduled until some nine

15

months later, in January 2013. (Order dated 4/18/12

16 17 18

276.

The Thompson Center did not and could not conduct a full evaluation for

Neuodevelmental Disorder, given the interference, fraud and collusion of Defendant’s. 277.

Amanda and Lebanon R-III School district withheld crucial testing data from the

19

evaluators at Thompson Center, produced altered, false and misleading Attendance data and false

20

and misleading testing data from Lebanon R-III School District to the Thompson Center.

21

278.

After agreeing to a settlement and g the parenting plan contract on August 1,

22

2012 (the docket sheet minute order states that evidence was submitted and received and

23

submission of recommendations by the GAL, the Court entered its Judgment of Dissolution of the 66

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 66 of 212

1

Marriage on August 16, 2012 granting the divorce and adopting by reference the t Parenting

2

Agreement, providing, among other things, K.L. and N.L. Individual Education Plan ( Here in

3

after IEP and Individual Health Plan (here in after IHP as follows:

4 5

279.

The parties were granted t legal custody, with exchanges to occur after school

on Fridays.

6

280.

The father’s address is to be used for mailing and educational purposes.

7

281.

The parties will share custodial time on a week by week basis. If the Mother has

8

not established legal residence in Lebanon prior to commencement of school, Mother’s custodial

9

time is from 6:00 p.m. Fridays until 6:00 p.m. Sundays.

10

282.

Kyle shall receive physical, occupational, speech, and reading therapies as

11

scheduled with outside providers and as recommended at home; Kyle will continue counseling

12

with Dr. Beatty; and Dr. Karen Hopkins shall remain his attending physician.

13

283.

Nicole shall receive all prescribed medications and therapies. Dr. Beatty remains

14

Nicole’s counselor, and Dr. Caroline Campbell and Missouri University Pediatric Urology Clinic

15

shall remain attending physicians.

16

284.

The Family shall enter into family counseling, including the children, with Dr.

17

Beatty, or such other provider as agreed upon by them. The parties shall attend Asperger’s

18

educational sessions as the providers may recommend.

19 20

285.

No corporal punishment by the parties nor shall they allow anyone else to use

corporal punishment.

21

286.

From the Docket Sheet:

22

287.

August 16TH, 2012.

67

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 67 of 212

1

288.

On December 8, 2011, the State of Missouri, DSS entered its Decision and Order,

2

including Findings of Fact in Missouri, ex rel., Amanda Lagares v. Dennis Lagares Jr, 11 ML-

3

Ad00073, Miller County in which Dennis was ordered to pay child for N.L. in the amount

4

of $269 per month, Decision and Order, 12/8/11. Dennis had physical custody of Kyle and

5

Amanda had physical custody of Nicole; The Order was subsequently appealed, although

6

the appeal and vacating garnishment orders as a result was not promptly implemented.

7

289.

Several False and misleading statements were written by Amanda on DSS

8

application, one of them was that N.L. was the only child of the marriage making it appear

9

K.L. was not Amanda’s child as well or born of the marriage. Based upon Amanda’s lies and

10 11

other evidence this order was superseded on august 16TH, 2012 divorce decree. 290.

August 28, 2012, Call No. 20122410402. Anonymous Hotline call reporting

12

Amanda for medical neglect for failure to give prescribed medications to Nicole. (this was Dr

13

Campbell Office Family Assessment, no services needed, case not opened. There is no record of

14

any communications with Amanda or Patrick the parties involved.

15 16 17 18

291.

September 3, 2012 Amanda writes an e-mail alleging that the children are

touching each other. Because of heathen step-brothers. 292.

Case worker Amy Degraw was not employed by DSS-CD at the times dated on

their reports. Justina Robinson took charge of case once again.

19

293.

August 29th 2012, DSS records show a meeting took place with Scott Quinn.

20

294.

August 30, 2012 Voicemail recording from Scott Quinn CD worker, introducing

21

himself and wanting to come out and meet but had no idea where Dennis lived. As stated on the

22

VM recording left by Quinn.

68

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 68 of 212

1

295.

August 30, 2012 Dennis returns call approx. 3:30 pm stated he needed to meet the

2

kids and Dennis, and Dennis informed him that kids were with their mother this weekend. Last

3

from DSS CD on this issue until November 2012.

4

296.

September 30, 2012, Sunday evening, Lebanon R-III School Becki Simpson

5

has telephone conversation with Patrick and Amanda, and e-mail conversation with Tammy

6

Lupardus detailing what is needed from Vantine. Vantine discharged as GAL duties had ended on

7

August 16, 2012

8 9 10 11 12

297.

October 1st 2012 Barbara Vantine receives Money from Amanda, per court

Receipt filed March 6th 2013. 298.

October 1st 2012 Amanda Rollins delivers Memo from Barb Vantine to

Marianne Edson Lebanon R-III School. 299.

October 2ND 2012 School Document shows school had meeting with Amanda and

13

additional testing began in violation of contract parenting plan of august 1ST 2012 and in violation

14

of court order April 18TH, 2012, Thompson Center Evaluation.

15

300.

October 15th 2012 Barbara Vantine receives money from Amanda Rollins.

16

301.

October 30th 2012 Barbara Vantine Receives money from Amanda Rollins.

17

302.

November 13th, 2012 Barbara Vantine receives Money from Amanda.

18

303.

November 14, 2012, 8:28 p.m. Call No. 20123190458. DSS-CD records now

19

show Anonymous Hotline call reporting Dennis (actual perpetrator letter address to Ginger

20

Lagares Not Dennis Lagares Jr) (records now show letter addressed to Dennis Lagares Jr) the

21

alleged perpetrator inflicting bruises, welts, red marks on Nicole. Family Assessment, CD

22

employee speaks with Dennis, school employees, Kyle and Nicole. No services needed, case not

23

opened. Alleged date of injury was November 9th, Children were in Amanda Custody. Not Dennis. 69

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 69 of 212

1

Redacted large amounts of DSS records indicate may possible be Shiela Moore in collusion with

2

Vantine as Caller. Testimony received during trial from Shiela Moore indicated she was the caller,

3

using the School made up custody plan as date she believed Dennis would have had physical

4

custody of NL. Dennis Never used the School Custody Plan.

5

304.

November 26th 2012, Vantine receives money from Amanda Rollins.

6

305.

December 11th 2012 Vantine receives money from Amanda Rollins.

7

306.

December 26th 2012 Vantine receives money from Amanda Rollins. (Receipt

8

states for GAL Deposit

9

307.

2013

10

308.

Case No. 10CM-DR00195-02: January 2, 2013, Amanda filed a Motion for

11

Family Access Order, asserting that under the t Parenting Order, Dennis is to return the

12

children to her by 8:00 p.m. and he refuses. This matter is continued many times until October 10,

13

2013 at which time it is set for case review along with 10CM-DR00195-03 on December 12, 2013.

14

Rohrer represents Dennis in this matter and the 195-03 case. Docket Sheet in the 195-02 Case.

15

(This action was dismissed by Rollins and Schulte During Trial of 2015)

16

309.

January 8th 2013 Vantine receives Money from Amanda Rollins.

17

310.

January 8TH 2013 Amanda calls Lebanon R-III School discusses custody, court

18

date February 21TH, 2013 and concerned about documents that Ginger Lagares is getting and

19

faxing to Thompson Center

20 21 22 23

311.

January 8th 2013, Court ordered Thompson Center Evaluation for Kyle and

Nicole Lagares. 312.

January 8TH 2013 Patrick Colgan in violation of court order appears at evaluation

and causes an incident were security has to be called to remove him. 70

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 70 of 212

1

313.

Case No. 10CM-DR00195-03, Dennis files his Motion to Modify Judgment of

2

Dissolution of Marriage and Show Cause Order in the 26th Judicial Circuit, Camden County on

3

January 11, 2013. Docket Sheet in the 195-03 Case.

4

314.

On March 19, 2013 in the 195-03 case, the Court grants Petitioner’s Motion to

5

clarify and Dennis is given 30 days to file more definite statements. Per the docket sheet, the

6

parties request that GAL Brad York be appointed. The Motion to Clarify is set for hearing, then

7

reset several times until set for trial on 7/25/13 along with the Motion to Modify and Family Access

8

Motion (195-02 Case; except on July 25, 2013, the parties requested a telephone conference on

9

the 29th to reset the matter for trial. The case was set for August 14, 2013. NO actual filed Court

10 11 12 13 14

order appointing York. 315.

February 5th 2013, Court was canceled weather, Vantine receives money from

Amanda Rollins. Rescheduled to February 21ST 2013. 316.

February 18th 2013, Ruth Schulte files her entrance of Appearance in to case

(195-03

15

317.

February 19th 2013, Vantine Receives money from Amanda Rollins.

16

318.

February 20th 2013, Lebanon R-III School, Shalyn Howe US mails out,

17

attendance letter dated February 12th 2013. (Educational neglect Attendance against Dennis

18

and Ginger Lagares. (Later Response Letter to Shalyn Howe from Dennis and Ginger

19

Lagares, requesting corrections of false manufactured attendance records. No response or

20

corrections.

21 22

319.

February 21, 2013 Court is cancelled due to weather. Rescheduled for March

19th 2013.

71

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 71 of 212

1 2 3

320.

March 6th 2013 Barbara Vantine files Certificate of service, Receipt from

Amanda Rollins. 321.

May 12TH, 2013 Video of K.L. and N.L. pick up from Amanda and Patrick’s home,

4

children disclosed the premeditated plan described in the may 17TH 2013 hotline call to DSS placed

5

by Amanda and Patrick on 7 year old K.L. which was to jail K.L. and threaten to Jail 6 year old

6

N.L. to force her cooperation.

7

322.

May 17, 2013, 9:48 p.m., Call No. 20131370481.

Anonymous Hotline call

8

reporting Dennis as the alleged perpetrator in a claim for lack of supervision. While at Dennis’s

9

home K.L. allegedly touched N.L. in her “bad spot.” An investigation was conducted; report was

10 11

Unsubstantiated; case not opened. 323.

May 26TH, 2013 Laclede County Sheriff Department Deputy Robinson arrives at

12

Amanda and Patrick’s house to insure compliance with custody order exchange of children Patrick

13

tells deputy to shoot and kill Dennis in front of kids. Patrick was acting violent deputy threatened

14

to arrest Patrick.

15

324.

May 26, 2013, 6:45 p.m., Call No. 20131460125. DSS records released on 2/3/15

16

show Anonymous Hotline call reporting Dennis allegedly fondling/touching Nicole. The report

17

states: “Notation: Duplicated Call of 5/17.”

18

325.

Dennis requested again New DSS-CD documents show the actual alleged

19

perpetrators. Same caller different perpetrators. Perpetrators were other minor children

20

than what were reported by the caller on May 17Th, 2013

21

326.

Case No. 13LA-PN00212: Amanda petitioned the Court on May 28, 2013 for an

22

ex parte Order of Protection for NL and KL against Dennis alleging that Kyle was abusing Nicole,

23

and in not supervising the children, Dennis was allowing the abuse to occur. The Court declined 72

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 72 of 212

1

entry of the ex parte order, and set the matter for hearing. The Court is advised by Amanda that

2

Brad York is the GAL and copies of the Notice of hearing are put in Mr. York’s courthouse

3

mailbox and copies sent to the Juvenile office 327.

4

In the petition Amanda alleges that all males in Dennis and Ginger Lagares

5

home are touching N.L. and states she talked to Ruth Schulte and Ruth Schulte talked to

6

Brad York and told her to file it.

7

328.

On May 29, 2013 in the PN00212 case, a Juvenile Office Response Form is filed.

8

329.

Ex Parte Case No. 13LA-PN00219: Judge Jackson, 26th Circuit Court, Laclede

9

County, entered an Ex Parte Order of Protection for the children against Patrick on May 31, 2013,

10

with a hearing scheduled for June 13, 2013 and its Order for Investigation by the Children’s

11

Division of DSS. GAL Mebruer appointed for the children. Mebruer never attempted to make or

12

made with Dennis or K.L. or N.L. as they were in Dennis’ protective custody. No DSS-

13

CD record of any investigation on the allegations set forth. 330.

14

Case No. 13LA-PN00220: Dennis filed a Petition for Child Protection Order

15

against Amanda and the Court entered its ex parte temporary Protection Order and Order for

16

Investigation by the Children’s Division on May 31, 2013 requiring a report within ten (10 days.

17

No DSS-CD record of investigation on the allegations made. GAL Mebruer appointed for the

18

children. Mebruer never attempted to make or made with Dennis or K.L. or N.L. as they

19

were in Dennis’ protective custody. No DSS-CD record of any investigation on the allegations set

20

forth.

21 22

331.

On June 4, 2013 in the PN00219 and PN00220 case, Juvenile Office Response

Forms were filed.

73

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 73 of 212

1

332.

On June 5, 2013 in the 195-02 and 195-03 cases, a hearing is called and continued

2

until July 25, 2013.

3

333.

June 5TH, 2013 at court Rohrer makes with Dr. Beatty and takes cell phone

4

in to chambers and Dr. Beatty discloses in chambers the injurious and harmful treatment of K.L.

5

and N.L. at the hands of Amanda and Patrick.

6

334.

In chambers on June 5TH, 2013 Judge Koeppen calls Laclede county Judge Larry

7

Winfrey and request the orders of child protection dated May 31ST, 2013 to be transferred to Judge

8

Koeppen and it was granted by Judge Winfrey on this date, but the signed order shows this call

9

was placed on June 6TH, 2013.

10

335.

June 5TH, 2013 during the phone conference with Dr. Beatty she learned that a

11

hotline call had not been placed on the May 17TH, 2013 by mandated reporter the Laclede County

12

Sheriff Department, for the police report statements by Dennis and Ginger Lagares. Statements

13

were given to detective William Morris by deputy.

14

336.

June 5, 2013 two Hotline calls are placed, one at 2:19 p.m. Call No. 20131560219

15

and a second call at 4:46 p.m., No. 20131560309. The first Hotline call reports Amanda and

16

Patrick as the alleged perpetrators for physical abuse or injury to Kyle and Nicole.

17 18 19

337.

Dr. Beatty placed this call. Justina Robinson, CD Supervisor, immediately called

Dr. Beatty. 338.

Immediately after hanging up the phone from Dr. Beatty, Justina/Watson called

20

Amanda to see how court went. Records do not show any discussion about any of Dr. Beatty

21

allegations.

22

339.

23

Immediately after the call placed to Amanda. The second caller reports that

Amanda said Nicole disclosed to Amanda that Dad and her step-brothers were touching Nicole 74

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 74 of 212

1

inappropriately. Justina and CD Nicky Watson confer and Watson Laclede Sheriff and go

2

to Dennis house.

3

340.

The children are placed with David Lagares and Kody Lagares his brother and his

4

wife, Dennis’s brother and sister-in-law. By threat of never seeing the children again. Later The

5

report was Unsubstantiated; children were returned to Dennis.

6

341.

On June 6, 2013, per docket sheet it shows following a telephone conference

7

between Division IV and Judge Koeppen and with the stipulation of the parties, the PN00212,

8

PN00219, and PN00220 were transferred to Judge Koeppen, Camden County with hearing set on

9

all three for July 10, 2013. The cases are renumbered as follows: PN00212 becomes CM-00224,

10 11

PN00219 becomes CM-00225 and PN00220 becomes CM-00226. 342.

On June 7, 2013, Laclede clerk receives correspondence from DSS regarding the

12

PN00220 case this is not documented on the docket sheet. Fraudulent DSS correspondence is

13

found in a case file but is not placed on Camden County Circuit Clerks docket entry any were.

14

343.

On June 26, 2013, Amanda files her Answer, Objections, and Counter-Motion to

15

Respondent’s Motion to Modify Judgment of Dissolution of Marriage and Show Cause Order in

16

Case No. 10CM-DR00195-03.

17

344.

July 17th, 2013, Hotline Call No. 20131980198. Hot line call was undisclosed to

18

Dennis. Laclede County DSS office refused to give these documents on previous request Missing

19

doc? On additional request CD Laclede County releases July 17th Hotline call documents, Nicole

20

told Reporter that Patrick hit Nicole in the face with a bat. Kyle told reporter that Patrick was

21

hitting him and sister, they (referring to Amanda and Patrick take turns hitting us Patrick is

22

Amanda boyfriend. Nicole told reporter that Patrick will kill them all. Unknown if Patrick

23

threatened the Family. 75

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 75 of 212

1

345.

Nicole told reporter that Dennis and Ginger are her Parents. Reporter told her that

2

Reporter thought Amanda was the Name of her mom. Nicole sad No Amanda was her old Mommy.

3

Nicole said she does not stay with her old mommy anymore because her Mom would put orange

4

stuff on her Butt and Patrick was touching her. Reporter suspects Sexual Abuse. Reporter suspects

5

physical Abuse. DSS records show no investigation and no with anyone.

6

346.

On July 26, 2013 in the 195-03 case, Dennis files a Motion for Emergency

7

Temporary Custody and Notice of Hearing. The August 14 hearing is cancelled and reset for

8

8/20/13.

9 10 11 12 13

347.

On April 8th 2015 Dennis again made the Motion for Emergency Temporary

Custody hearing and on April 9th 2015 Court denies hearing. 348.

On July 29, 2013 in the 195-02 case, a telephone conference was held among the

Court, Schulte, Rohrer, and GAL York. Hearing is set for 8/20/13. 349.

Unknown to Dennis and unknown date Judge Koeppen makes calls to DSS CD,

14

Juvenile and law enforcement about allegation’s Amanda and Patrick made against K.L. on May

15

17TH, 2013.

16

350.

Dennis and Ginger made complaint with Kansas City FBI office about Laclede

17

county Sheriff department and DSS refusal to receive evidence, investigate the ongoing situation

18

with DSS collusion and unlawful activities.

19

351.

FBI Duty agent makes with Laclede County Detective.

20

352.

Detective Deceives FBI agent and pretends he is investigating DSS and Dennis and

21

Gingers May 31ST, 2013 complaint and Dr. Beatty’s and Dr. Schlessing concerns about the harm

22

and injury that K.L and N.L. are reporting.

76

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 76 of 212

1 2 3

353.

On August 7, 2013 in the 195-03 case, Amanda files a Show Cause Motion and a

Motion for Contempt 354.

August 10TH, 2013 Detective Morris reports per supplemental report that he

4

received on this date Dr. Schlessing reports and gives the reports to Nikie Watson DSSCD, no

5

further investigative reports are noted, as per Mo Sunshine Request. Made by Dennis Lagares Jr

6

355.

Morris refuses to take any other evidence stating DSS has given him everything he

7

needs. During sherry lagares’ interview of detective Morris he states he had never seen the

8

hundreds of pages of documents that Dennis and Ginger had given DSS on June 10TH, 2013 to

9

exonerate K.L. and all males in Dennis and Ginger Lagares’ house hold.

10

356.

Amended Ex Parte Order of Protection: Judge Koeppen, 26th Circuit Court,

11

Camden County, in Case No. 13CM-PN00225, amended Ex Parte Child Protection Order on

12

August 20, 2013, originally entered on May 31, 2013, for the children against Patrick. Brad York

13

was appointed as GAL for the children. Nicholas Mebruer is removed as gal York appointed. All

14

matters have been continued by agreements made and entered on docket sheets of the parties. April

15

9th 2015, Judge Jaynes dismisses all protection orders in all these cases, stating laps of time and no

16

action being taken. Only after Plaintiff demands separate hearings stating Mo. Law and the

17

evidence would be suppressed if cases were consolidated in open court on April 8th 2015 in

18

violation of Mo. Law.

19

357.

Cases 195-02 and 195-03 are called for trial on August 20, 2013, with the parties

20

and counsel present. Prior to the trial, the Court held a meeting in chambers among counsel,

21

wherein the Court was told that Kyle may be engaging in injurious behavior towards Nicole.

22 23

358.

The court recording reflex that Judge Koeppen had communication with DSS-CD,

Law enforcement, and Juvenile and was told they wanted to open a case and the Father would not 77

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 77 of 212

1

allow a Case to be opened, was told Juvenile did not do their job, and law enforcement was sending

2

records to him. Came to the conclusion and stated on the record that Kyle had molested Nicole.

3

York attested according to Judge Koeppen recording that in chambers York told him Kyle had

4

confessed to him he touched his sister. As a result, the trial date was stricken. Later in the court

5

room the Court ruled on the various pending motions, as follows:

6 7 8 9 10 11

359.

Temporary Custody Order was entered signed by Judge Koeppen on September

3, 2013: 360.

The parties continue to share t legal and physical custody exchanging physical

custody weekly; however, the children are separated. Only Dennis and Amanda are to be present at the exchanges. Amanda violated this order by having Shawn Colgan at Exchanges. 361.

The children are encouraged to share time with each other, but only under

12

supervision of one of the parents. (Amanda tries to violate she sends e-mail to Dennis asking if the

13

children can ride the bus home together

14 15 16

362.

The Children’s Division of Social Services is to provide services to the family and

the parents are ordered to cooperate. 363.

The Special Medical Care of the Parenting Plan is suspended, with the Children’s

17

Division to determine what counseling is to occur. The parents may obtain the services of any

18

licensed pediatrician.

19

364.

Dennis files a Motion to Disqualify GAL, Shorten Time and Notice of Hearing, and

20

Request for FOFCOL in the 195-03 case, which motion is overruled. (was disclosed that Judge

21

Koeppen law clerk, Attorney Brown now was employed at York law firm and substitute Gal

22

Rasmussen is employed, which is a violation of Cannon York wife was employed at Lebanon R-

23

III School in the same building the Dennis had filed a complaint against. 78

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 78 of 212

1 2 3 4 5

365.

On August 21, 2013, the Court entered an order for Case Review on October 9,

366.

DSS-CD records show communication between CD case manager and Ruth Schulte

2013.

on October 8th, 2013, letter to Judge Koeppen. 367.

August 23RD, 2013 Dennis picks N.L. up from school out of Amanda and Patrick’s

6

custody N.L. is taken to mercy hospital injury/bruise on arm N.L. stating Patrick squished her arm.

7

Dennis calls York on way to hospital request him to come to hospital to meet with N.L. York

8

refuses.

9

368.

August 23, 2013, 6:05 p.m., Family Service No. 20132350426 (listed as Call No.

10

on some documents and dated 8/22 in some instances. Mercy Hospital reported: Patrick alleged

11

perpetrator; bruises, welts and red marks on Nicole; Assessment, Case Already Open, Services

12

Needed.

13 14 15

369.

N.L. taken to Laclede County Sheriff after hospital deputy takes picture of

bruise/injury with his police issued phone and takes statement. 370.

August 24TH, 2013 N.L. discloses to Casey Cox and sheriff deputy that Patrick puts

16

his finger in her butt. DSS records are now silent to this disclosure. However, only after Sandy

17

Doren sessions her report now state that N.L. told Dennis Lagares Jr a lie about this incident.

18

371.

September 4th DSS records shows case opened.

19

372.

September 9th, 2013 DSS-Cd records show e-mail from Robinson to Killion,

20

report to Judge, knowing Dennis he will not co-operate with Family Service Case, that Judge

21

Koeppen had ordered open on August 20th 2012 against K.L..

22 23

373.

On September 16th, 2013 letter mailed out to Dennis from CD-Family Service

Case will be opened, with case number will be 20132350426. 79

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 79 of 212

1 2

374.

On September 19, 2013 in the 195-03 case, Chris Allen on behalf of Sherry

Lagares files a Motion to Intervene.

3

375.

October 4th Letter to Judge Koeppen from CD Killion.

4

376.

October 7th e-mail to Dennis need your attorney information to give him an update

5 6 7

on case. 377.

October 7th Dennis replies, about no from CD since the letter of September

16th, 2013, states the Family Service Case number that was going to be opened.

8

378.

October 7th Killion replies was not aware of a case being opened.

9

379.

October 8th, 2013 Killion sends draft paragraph to Ruth Schulte that she is preparing

10

to send to Judge Koeppen.

11

380.

October 8th Schulte responds she thinks Judge may want to hold a hearing.

12

381.

On October 9, 2013, a Case Review is held with counsel for all parties, counsel

13

for Intervener, and Rasmussen for GAL York. The Court orders from the bench that the children

14

are immediately to be reunited with constant supervision. On the GAL’s recommendation and

15

over the objections of Respondent and his counsel, the Court also Orders temporary residential

16

custody of the children to Amanda. Dennis will have weekend visitation. The children are to see

17

Sandy Doren and parents are to follow any recommendations she provides. (To date Sandy Doren

18

has never given Plaintiffs any recommendations Other that the threats discussed in a 2015 e-mail

19

conversation.

20 21

382.

Trial for temporary custody is scheduled for December 12, 2013. The Motion to

Intervene is taken under advisement, with the parties to submit briefs within one week.

22

383.

23

to intervene.

On October 18, 2013, Intervener submits her Suggestions in of the motion

80

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 80 of 212

1 2 3

384.

DSS-CD records show communication with CD and Ruth Schulte discussing plan

to keep out intervener. Motions of Sherry Lagares are found in DSS-CD records. 385.

October 25th 2013, on audio Recording, N.L.. States everything she has ever told

4

Dennis Lagares Jr about what Patrick has done to her was a lie. N.L. has bruises on her body. K.L.

5

discloses the plan to have Dennis Lagares Jr Jailed.

6

386.

October 27, 2013, Call No. 20133000101. N.L. was taken to Laclede County

7

Sheriff Department. (Recording indicates that Dennis told Deputy about the disclosure that Nicole

8

had made on October 25th also FBI interview was told to Deputy at Laclede County Sheriff Dept.

9

Laclede County Deputy made mandated report to DSS and also written Police report. Pictures and

10 11

was made the following day by DSS. 387.

October 28TH, 2013 at 10:58 am Amy Killion sends secret email to Judge

12

Koeppen at 10:58am. Stating among other things father, is making the children lie, has taken

13

children to FBI and “Father has now taken children to sheriff department on Sunday night he has

14

also reported bruising on N.L. I again suggest visits be suspended or supervised with Mr. Lagares”.

15 16 17

388.

Sharron Mizer DSS had not gone out to Amanda’s home until approx. 1:00pm and

Amy Killion sent the email at 10:00 am. 389.

October 29TH, 2013 at 10:07am Amy Killion sends email to Judge Koeppen and

18

Brad York only with 4 pages of attachments, but does not disclose in these attachments the 1:00pm

19

visits by Sharron Mizer where Mizer and Amanda discussed what the children were going to tell

20

her when she returned at 4:21pm.

21

390.

On October 31, 2013, a telephone conference is conducted among Amy Killion,

22

Brad York and counsel for parties and Counsel for Sherry Lagares. Court notes entered into the

23

docket state that discussions were held regarding a report that Dennis was coaching the children 81

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 81 of 212

1

to lie and was taking them to the ER and various law enforcement agencies. Amy Killion

2

recommends only supervised visitation for Dennis until the modification hearing. York and

3

Schulte agree with recommendation. Rohrer strongly objects. York recommends and the Court

4

orders psychological evaluations for both parents.

5 6 7

391.

Judge Koeppen signed the Second Temporary Custody Order entered on

November 12, 2013 in the 195-03 case. 392.

On December 12, 2013, DSS presented Dennis’s psych eval to the Court, but does

8

not appear to be part of the Court file and Amanda’s was not presented even though it was in

9

possession of Laclede County DSS-Cd. As evidenced by DSS records and e-mail between Rohrer

10

and Killion.

11

393.

By agreement among the parties, the trial is continued to January 31, 2014 at 9:00

12

am., and the Court advised the parties that no further continuance will be granted. Docket Sheet

13

in the 195-03 case.

14

394.

On December 12, 2013, intervener Sherry Lagares filed an Amended Motion to

15

Intervene and Motion to file Petition for Third Party Custody in the 195-03 case. Amanda later

16

filed her Motion to Dismiss and the matter was set for hearing on January 15, 2014. Docket Sheet

17

in 195-03 case.

18

395.

December 31st 2013, as evidenced by audio recording, Amy Killion and Amy

19

Degraw, retract the initial reason for supervised visits that was given as a reason for Amy Killion

20

recommendations to the Court.

21

396.

2014

82

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 82 of 212

1

397.

On January 15, 2014 in the 195-03 case, the parties appear and the Court grants

2

Intervener’s Motion but it must be filed within 48 hours. The trial is also continued until April 29

3

and 30, 2014. Intervener files her motion on January 16, 2014.

4

398.

January 24th 2014, Plaintiff‘s Attorney Rohrer discloses, to Plaintiff that Judge

5

Koeppen is referring him clients. Dennis Lagares Jr, immediately fires Rohrer. But DSS-CD,

6

Schulte and the Court refuses to allow Dennis Lagares Jr to act Pro se.

7 8

399.

On January 30, 2014, Dennis petitions the Court for an Ex Parte Child Protection

Order, Laclede County

9

400.

January 31, 2014, Call No. 20140310097.

10

401.

On February 7, 2014, Rohrer moves to withdraw as counsel.

11

402.

On February 10, 2014, Dennis removes the 195-02 and 195-03 Cases to Federal

12

Court; files a motion to remove Judge Koeppen for cause; the Division III court recuses and the

13

case is assigned to Division IV by local rule. Docket Sheet in the 195-02 and 03 cases. Court

14

continues to hold court and make rulings and take actions.

15

403.

A pretrial conference/hearing was held on March 12, 2014 in the 195-02 case and

16

was scheduled for trial in Division IV, before Judge Colyer on May 15, 2014; which was ultimately

17

continued; Rohrer is replaced by Dennis pro se, then Christine Hutson enters an appearance and

18

subsequently withdraws.

19 20 21

404.

Division IV recuses and Judge Jaynes is appointed. On November 19, 2014, Judge

Jaynes held a status conference. 405.

On November 7th Dennis Lagares Jr filed a request for Court Recording. Judge

22

Jaynes enters and order Blocking access to Court Recordings and issues a show cause order for

23

Respondent to show cause to be held on December 17th 2014. 83

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 83 of 212

1

406.

December 2014, Respondent Attorney Hutson after an in chambers conference

2

where GAL by agreement of Schulte and Hutson was not ed, stated that would be filing a

3

motion, which Judge Jaynes set for hearing on December 17, 2014.

4

407.

Case No. 10CM-DR00195-3, on or about April 29, 2014, Dennis filed his Motion

5

to Disqualify and Remove GAL, Motion for Sanctions, Motion to Quash, Motion for Ineffective

6

Counsel, and Motion for Continuance. The Court ruled on the various motions and trial was

7

continued to July 24 and 25, 2014 and subsequently continued again until December 17, 2014.

8

408.

Case Nos. 10CM-DR00195-2, 10CM-DR00195-3, 14CM-PN00108, 14CM-

9

PN00109, 14CM-PN00110, and 14CM-PN00111: Upon motion to appoint a GAL, Judge

10

Koeppen signed his Order on April 30, 2014 in the captioned cases appointing Andrew White as

11

GAL for the children.

12

409.

On November 25, 2014, GAL White filed a motion to withdraw and notice.

13

410.

On December 8, 2014, papers were filed by Dennis, referenced only as “Claim

14 15

Tres Fraud/Bad Faith” on the docket sheet. Exhibit ___, Docket Sheet in 195-02 case. 411.

On December 17, 2014, hearing was held, only action taken GAL White’s motion

16

to withdraw over Dennis Lagares Jr Objection, Motion is granted. Motion to withdraw from

17

Attorney Christine Hutson, is granted, Hutson does not appear in Court. No new GAL appointed

18

by Judge Jaynes. (Mo. Supreme Court Rules no proceeding to take place if no GAL). Judge Jaynes

19

does not appoint new GAL until March 2015, Gerard J Harms new GAL.

20

412.

On December 19, 2014 Christine Hutson, in Judge Jacksons Laclede County Court

21

(Christine Hutson is very good friends with Judge Ralph Jaynes) was exposed on the stand for

22

commingling cases and funds and exposed as a liar by Ginger Lagares.

84

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 84 of 212

1

413.

December 22, 2014, in a surprise order from Judge Jaynes, DSS is relieved of its

2

duty to supervise visitations and transferred to the Sheriff’s Department Laclede County per

3

exparte conversation between Judge Jaynes and Laclede County Sheriff.. Attorney DSS, Dittman

4

filed her motion to withdraw on December 30, 2014.

5 6

414.

On March 17, 2015, The Court appointed GAL Harms and a pretrial conference is

scheduled for April 1, 2015.

7

415.

Status of the various open cases:

8

416.

10CM-DR00195-02: Dismissed by Amanda Colgan and Ruth Schulte During

9

Trial 2015.

10

417.

11 12

10CM-DR00195-03:

Pretrial conference set for April 1, 2015. Final Judgement

September 21, 2015. 418.

14CM-PN00108, PN00109: Petition for Order Child Protection against Shawn

13

Patrick Colgan, transferred from Laclede County on March 4, 2014. A hearing was held on June

14

11, 2014 in which counsel for mother and father were present. No mention of Patrick as the

15

Respondent, though listed under the parties tab. Court set for hearing on August 4, 2014, which

16

was subsequently continued as a result of the transfer to Judge Jaynes, and set for December 17,

17

2014. Dismissed by Judge Jaynes April 9th 2015.

18

419.

14 CM-PN00110 and 14CM-PN00111:

Petition for Order Child Protection

19

against Amanda, transferred from Laclede County on March 4, 2014. A hearing was held on June

20

11, 2014 in which counsel for mother and father were present. Court set for hearing on August 4,

21

2014, which was subsequently continued as a result of the transfer to Judge Jaynes, and set for

22

December 17, 2014. Dismissed by Judge Jaynes April 9th, 2015.

23

420.

Reports to the Sheriff’s Department 85

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 85 of 212

1

421.

10/22/10 – 10/23/10: Complaint YR10-3168, a missing person report was taken by

2

Camden County Sheriff Dept. and check the wellbeing broadcast was issued. Gary Schremser

3

spoke with William and Beverly Chapman. See also Ford Police Report.

4 5 6

422.

10/7/12. Supplemental Report: appears same as 9/23 Report, except for the dates

and part of one sentence is deleted. 423.

1/1/13. Custody Dispute; Amanda states that on New Year's Day Dennis was to

7

return the children by 8 p.m.; Rollins received an email saying that Dennis was not returning the

8

children and that he was taking Rollins back to Court.

9

424.

5/20/13 thru 5/31/13. Dennis and Ginger file a report of sexual misconduct

10

involving a child; perpetrators Amanda and Patrick; tried to report to DFS but was turned away;

11

DFS tried to him earlier in the day on Tuesday; Hale s Justina Trudgeon who said

12

Nicki Watson was investigator; setting up appointment at Kids Harbor for Kyle's interview; Nicki

13

spoke with Detective Bill Morris the previous day; Hale turned over to Morris Dennis and Ginger's

14

statements.

15

425.

7/5/13. Detective William Morris supplements the report of 5/20-31/13; other

16

allegations made against Kyle, alleging he fondled his sister; discussed with Nicki Watson

17

following Kids Harbor interview; Dennis and Ginger's statements were "suspicious" because no

18

mention of anyone else in Kid Harbor interview except Kyle.

19

426.

7/06/2013. Amanda's complaint against Dennis for violation of the Custody Order.

20

427.

FBI calls Detective Morris to see if he is investigating, but refuses any other

21 22 23

evidence. 428.

8/10/13. Dennis and Ginger provided copies of Kyle and Nicole’s psychological

evaluations. Morris provided copies to Nicki Watson. 86

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 86 of 212

1

429.

8/23/13. Three days after Koeppen entered the Amended Child Protection Order,

2

Dennis files child abuse complaint; picked up Nicole on Friday and noticed a bruise on her right

3

arm; Nicole said that Patrick squeezed her arm.

4

430.

School District and Its Employees:

5

431.

Intentional misrepresentation of attendance and tardy records for Kyle and Nicole.

6

432.

When Dennis showed up with his own printer to make copies of the school records

7

and files, the Tammy Lupardus ordered the shredding of records while Dennis was there to make

8

copies. This was later addressed by the AHC. Trakas itted in prehearing conference transcript

9

shredding did occur.

10

433.

11 12 13

After notification of the need for 504 accommodations and related services upon

enrollment into the district, such accommodations were never provided. 434.

At all relevant time the School altered or cause the testing results to be altered of

Kl and Nl.

14

435.

Testing:

15

436.

School performed a RAT-4 and K-Booster testing on Kyle, which is not standard

16

for all first graders, but rather specialized testing done without Dennis’s knowledge and without

17

his permission and specifically against the instructions he provided during enrollment. As a side

18

note, the school reported that they do not have such records.

19 20 21

437.

The school performed a full evaluation in October of 2012, but concealed the fact

until much later. Did not disclose this information to Thompson Center. 438.

Dennis filed an application for a Due Process Hearing because of testing the school

22

intended to do notwithstanding the diagnoses provided by other medical care providers and the

23

Court Order authorizing (I only testing by Thomson Center and (ii medical/OT/Speech Language 87

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 87 of 212

1

therapists currently in place was to be continued; and, more importantly, to maintain the status quo

2

rather than change his teacher/classes until the outcome of the Thompson Center testing scheduled

3

in January 2013.

4

439.

Second Due Process hearing request on 9/3/13

5

440.

The school would not give the prescribed medications at school; and would not

6 7

allow Dennis to come to the school and ister medications. 441.

Interfered with Custody, by dictating a custody plan. Notwithstanding their stated

8

policy, if it was not Dennis week to have the children pursuant to the School’s custody plan, Dennis

9

was not allowed to check out and take children to health care providers, thereby interfering with

10 11 12 13

the Court’s Order, and, more importantly, the children’s health and emotional wellbeing. 442.

The school expressly stated at times that they would not let Dennis pick up the

children for fear that he would not return them to Amanda. 443.

The school implemented a policy for the Lagares’s that whichever parent had the

14

children makes the decisions regarding medications, doctor’s visits, etc., preventing consistency

15

in prescribed medications and treatments.

16 17 18

444.

The school data-shared the records and files regarding Ginger’s children with

Amanda and Dennis’s children with Logan. 445.

The school provided false information to Family and Children’s Services, e.g., no

19

physician has ever diagnosed Kyle with Aspergers, Kyle didn’t have IEP, and Barbara Van Tine

20

said she was GAL on 10/8/12, when discharged, on 8/16/12.

21

446.

The Sheila Moore provided false information to Dr. Hopkins: Sheila Moore said

22

that she observed Kyle and there were no problem, notwithstanding Burn’s TFR, not necessarily

23

the one sent to the Thomson Center. 88

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 88 of 212

1 2 3 4 5

447.

Audio recordings between K.L. and Dennis while K.L. was on speaker phone at

Amanda’s house K.L. disclosed to Dennis the noise in the cafeteria is hurting him. 448.

The school continually went against their own established policies – releasing

children to either parent; absentee/tardy 449.

Misrepresented to DSS the truth regarding encounters with Dennis and his

6

demeanor, painting a picture of violence, disregard for education, uncooperative, in direct contrast

7

to what, for instance, the Resource Officer would report.

8

450.

DSS, Children’s Division

9

451.

In this case, the Children’s Division duties and obligations arise out of (I Hotline

10 11 12 13

Calls and (ii “Order” from the Bench. 452.

Records indicate that, No one at DSS or Laclede County Sheriff Department speaks

to Amanda regarding the medical neglect Hotline call placed by Dr. Campbell Office. 453.

Failed to do Safety Assessment or completed without true assessment, e.g., 2007

14

report of the injury to Kyle’s leg. Rather than even an update, a call was made to the Miller County

15

division, where Amanda had lived with her mother Shawnee Woods, and no investigation or

16

was made.

17

454.

Bias/prejudice in investigation of Dennis versus Amanda/Patrick; ignoring

18

information regarding the Amanda/Patrick family unit while focusing heavily and refocusing on

19

any incident report of allegations against Dennis and K.L. and other minor children and his family.

20 21

455.

Communications directly with the Court and GAL without providing counsel

copies or parent as required by state law and state policy.

22

456.

Submitted incomplete reports and altered reports to the Court.

23

457.

Misrepresentations generally: 89

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 89 of 212

1 2 3

458.

Amy Killion tells Dennis that she was unaware of a case being opened when there

was a case opened, and she was the case worker; 459.

Stating that Dennis would not work a Family Centered Services Case when in fact

4

he had communicated in writing that he would cooperate, e.g., Justina’s email of 9/9/13 to Amy

5

stating that, knowing Dennis’s personality he is not likely to participate so go ahead and report

6

that he will not.

7

460.

Emails between Doran and Amy

8

461.

Dennis hasn’t done enough to take away his visitation so this may have all been for

9

nothing.

10

462.

Kyle is doing well in school, when it is not true.

11

463.

Misrepresentations of Therapist Doran and Amy Killion and other report writers in

12 13

her supervised visitation notes, directly opposite to what the recordings of the visitation reveal. 464.

Since his birth in 2006, Amanda has not had a close bond or attachment to Kyle.

14

On numerous occasions, she told Dennis if he did not leave work (or wherever he was at the time

15

and come home, she would cause harm to Kyle. DAL Affidavit, Dr. Schlesinger 2011 Report and

16

July 2, 2013 Reports; Dr. Currier, Lake West Christian Academy, letter dated January 30, 2012.

17

465.

After Nicole was born in 2007, Amanda posted a private message on Facebook, “I

18

hate kids, and now I have two.” She also said but I don’t hate mine. Excerpts from Amanda’s

19

Facebook posting.

20

466.

In 2007:

21

467.

Dennis discovered that Amanda had incurred extremely large telephone bills

22

(bundled services of internet and phone placed with one company causing his phone to be turned

23

off. At least one of the bills was in excess of $1500 for two months.

When asked about these

90

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 90 of 212

1

bills, Amanda first blamed the telephone company for the “mistakes,” when in fact she incurred

2

the costs staying up late at night accessing the internet. DAL Affidavit, Sherry Lagares Affidavit. 468.

3

Amanda posted her profile on Yahoo websites under various names, such as

4

HnyBnny2005, ___________, ________; sometimes stating that she was single, with no children,

5

even though she had two children. Amanda’s Internet website postings. On August 30, 2007,

6

there were some 240+ responses to her profile. 469.

7 8

photos of herself and pictures of her home, children, and Dennis’s vehicle. 470.

9 10

Amanda exchanged emails with her internet “friends” and provided provocative

At least one male internet “friend” came to the family home without Dennis’s

knowledge and while the children, ages 1 and 2 years old, were present. ; Dennis Report to DFS. 471.

11

Dennis confronted Amanda about her internet endeavors, and at times during the

12

following days she exhibited erratic, defensive, and angry behavior, ultimately threatening (I to

13

harm Dennis, either directly or the men she had met online would do it for her, and (ii to take the

14

children so that he would never see them again. 4 472.

15

On September 4, 2007, Dennis filed for divorce in Case No. 07CM-DR00188,

16

Dennis Lagares Jr v. Amanda Lagares, Camden County. Michael Carter was appointed the

17

guardian ad litem (GAL for the children. 473.

18

After Dennis filed for divorce, Amanda reached a level of anger that caused Dennis

19

to fear for his safety, including threats to his life either by Amanda directly or at the hands of the

20

“friends” she had met online. As a result, on September 10, 2007, Dennis petitioned the Court

4

Amanda petitioned the Court for an Order of Protection on September 11, 2007, after Dennis ed DFS and after Dennis confronted her regarding her internet activities and men coming to their home while the children were present; the Order was not granted. In her petition, Amanda states that she keeps calling Dennis and he keeps hanging up. 91

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 91 of 212

1

for and obtained a Protection Order for himself against Amanda in Camden County, Ex Parte Case

2

No. CV-C7CM-PN00339. 5 The Court set a hearing date of October 17, 2007. 474.

3

Amanda violated the order on three occasions, and on September 28, 2007, the

4

Court issued an arrest warrant, which was executed by the Camden County deputy on October 4,

5

2007; Amanda was to appear before the Court on November 11, 2007. 475.

6

On September 28, 2007, the Court issued an arrest warrant for violation of the

7

protection order, which was executed on Amanda by the Camden County deputy on October 4,

8

2007, and she was ordered to appear before the Court on November 11, 2007. 476.

9 10

Dennis dismissed the divorce action in 2007. 477.

11 12

Based on promises of counseling by Amanda and in an attempt to reunite his family,

2010: Both Children Are Suffering Physical Harm, Injury and Psychological

Distress:

13

478.

14

479.

In the fall of 2010, Nicole began a history of urinary incontinence, dysuria, and

15

some urinary tract infections. She was later diagnosed with a voiding dysfunction as a result of

16

irregularity of her bladder, a pocket had formed. 480.

17 18

to Florida, (for Kyle to attend a special school for Dyslexia and special needs. 481.

19 20

It was also during the fall of 2010 that Dennis and Amanda were planning to move

On October 20, 2010, about a week before Dennis, Amanda, and the children were

scheduled to move to Florida, Kyle complained that he could not walk on his leg. Dennis took

5

See Letter dated 9/11/07 to Judge Colyer from Camden Division of DFS stating that Dennis had ed them for the purpose of discussing his children. The letter is signed by Brandi Rockley and finds, after discussing with the Miller County division, that there is insufficient information to warrant acceptance of a Child Abuse/Neglect report. Amanda goes to the Camden Court after Miller county DFS was ed, by Camden County. Dennis was returning to pick up his Order that was granted, and the clerk’s office had to hide him, because Amanda was coming in into the Clerk’s office to see if her order had been granted. 92

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 92 of 212

1

Kyle to the Lake Regional Health System emergency room for an examination and ultimately x-

2

rays. Emergency Room Records.

3

482.

Kyle told Dennis that his mother hit him with a bat. According to the ER

4

physician’s report, the x-rays revealed a slight sclerosis of the femur, explained as a possible old

5

injury with new bone growing over it, and referred Kyle to an orthopedic physician. ER Records.

6

483.

The day following Kyle’s emergency room visit, Amanda took Nicole and left

7

without disclosing her whereabouts for six days.

8

Protection Order, 10/23/10.

9

484.

Dennis files Petition for Ex Parte Child

On October 22, 2010, Judge Richelle Christiansen entered an ex parte Order of

10

Child Protection on behalf of Kyle, Case No. 10CM-PN00350, 26th Judicial Circuit Court, Camden

11

County and against Amanda based, among other things, on allegations that Kyle said Mom hit

12

him with a bat causing the injury to his leg. A hearing was set for November 15, 2010. Michael

13

Carter was appointed GAL.

14

485.

On October 23, 2010, DSS received a Hotline report of Child Abuse/Neglect on

15

Kyle and Nicole, Incident No. 20102950225 made by Dennis upon directions from the court clerk

16

prior to or concurrently with his Petition for Order of Protection. The CA/N report was later found

17

Unsubstantiated, with no investigation.

18

December 2, 2010, signed by Justina M. Trudgeon/Robinson, Children’s Services Worker.

19

486.

See DSS, Children’s Services letter to Dennis, dated

On October 23, 2010, Judge Richelle Christiansen entered an ex parte Order of

20

Child Protection on behalf of Nicole, Case No. 10CM-PN00354, 26th Judicial Circuit Court,

21

Camden County and against Amanda, based on allegations that (I Kyle said Mom caused the injury

22

to his leg; (ii Amanda spanked Nicole loud enough to be heard through closed doors while at the

23

Emergency Room with Kyle, (iii Amanda pulled Nicole to the ground by her hair, and (iv was 93

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 93 of 212

1

aware of an investigation regarding the injury to Kyle resulting in the emergency room visit. As

2

a result, Dennis feared that Amanda’s abuse might escalate and she could hurt Nicole. A hearing

3

was set for November 15, 2010. Michael Carter was appointed GAL. No hearing was ever held.

4

487.

Justina M. Trudgeon was brought in as DSS Children’s Division worker to assist

5

in the return of Nicole. Justina met Dennis, Kyle, and Sherry at the court house the evening of the

6

22nd, where Dennis told Justina, among other things, about Kyle’s injury, the issue in 2007

7

regarding Amanda’s internet activities, Nicole’s UTI, and Amanda had taken Nicole without his

8

knowledge or agreement and he was not sure of her whereabouts. Trudgeon told Dennis that when

9

Nicole was found, she would be brought to Dennis to stay until the investigation was over.

10

488.

Beverly Chapman out of the Miller County DSS, Children’s Division, and her

11

husband, William Chapman, on-call Pettis County prosecutor, arrive in separate cars and wait in

12

the area of Shawnee Woods’s home, which is in Miller County. Shawn Patrick Colgan resided in

13

Pettis County at the time. Exhibit ___, Ford/ Police Report.

14 15 16

489.

Subsequently, Dennis is notified that Ruth Schulte will bring Nicole in to, but that

none of Dennis or his family can be there. See Ford Police Report. 490.

Nicole is brought in to the Camden County Sheriff office on or about October 28,

17

2010. Schulte made a deal with the Prosecutor’s office arguing that Amanda and Dennis were

18

going through an ugly divorce. This surprised Dennis; although he had thought about it, no petition

19

for divorce had been filed. Exhibit Ford Police Report; DAL Affidavit.

20

491.

From October 22, 2010, for approximately the next eighteen months until the

21

Stipulation for Visitation and the Court’s April 18, 2012 Order, Amanda had physical custody of

22

Nicole and Dennis had physical custody of Kyle. Negotiating with Amanda to see Nicole was a

23

constant struggle resulting in perhaps 3-4 visitations lasting 2-4 hours each. 94

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 94 of 212

1

492.

On October 27, 2010, Kyle was examined by Dr. Gene Spector, Shriners Hospitals

2

for Children. No fracture was seen on the x-rays; there is a finding of moderate coxa valga, which

3

will likely cause intermittent pain. Dennis was instructed to keep an eye on him, limit his activities

4

as needed and they will see him again as needed. Shriner’s physician notes and records.

5

493.

Dr. Hopkins first saw Kyle on November 3, 2010; he presented with an upper

6

respiratory infection and healing injury to his right leg. He was restless and uncooperative,

7

exhibiting oppositional behavior with Dr. Hopkins and other caregivers. See Hopkins Letter,

8

4/19/2012.

9 10 11

494.

On November 10, 2010, Amanda petitions the Court for dissolution of marriage

and custody arrangement. Regarding Case No. 10CM-DR00195. 495.

November 11, 2010. Dennis is reported to the Camdenton Superintendent for

12

educational Neglect. Principal Slack (Ruth Schulte Client Possible business relationship called

13

Dennis and Sherry and said she was sorry, and that she knew Kyle had been injured and had been

14

very ill and that Dennis was picking up his homework. In fact she had refused to allow Kyle to

15

return until fever free for 24 hours.

16

496.

Over a period of several months from the end of 2010 through the first part of 2011,

17

Amanda and Patrick posted among them and friends derogatory comments, causing harm to

18

Dennis, and communications about shanking Sherry Lagares, who is Kyle and Nicole’s

19

grandmother; they texted harassing and threatening messages regarding harm to Dennis; texting

20

messages to Sherry threatening her in the event of her possible testimony in Amanda’s friend’s

21

criminal trial; and made a false report to the IRS regarding Sherry’s financial wherewithal. This

22

stalking , harassing, and mocking behavior resulted in Denny and Sherry petitioning the Court and

23

obtaining Ex Parte Orders of Protection, as follows: 95

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 95 of 212

1

497.

Judge Aaron Gabrial Koeppen, 26th Judicial Circuit Court, Camden County, issued

2

a Protection Order to Dennis against Shawn Patrick Colgan in Ex Parte Case No. CV-11CM-

3

PN00020. A hearing was set on February 7, 2011.

4

498.

Judge Aaron Gabrial Koeppen, 26th Judicial Circuit Court, Camden County, issued

5

a Protection Order to Sherry in Ex Parte Case No. CV-11CM-PN00019, against Shawn Patrick

6

Colgan. A hearing was set on February 7, 2011.

7

499.

Judge Aaron Gabrial Koeppen, 26th Judicial Circuit Court, Camden County, issued

8

a Protection Order to Sherry in Ex Parte Case No. CV-11CM-PN00021, against Amanda. A

9

hearing was set on February 7, 2011.

10 11 12

500.

On February 7, 2011, the parties attend the hearing on each of the outstanding ex

parte protection orders and Protections Orders were granted in each of the cases. 501.

On February 10, 2011, Dr. Tina Brockman, general pediatrician at St. Mary’s

13

Pediatrics, reported that Nicole has a history of recurrent urinary tract infections and persistent

14

rash in her vaginal area. Exhibit __, Brockman Letter.

15

502.

On April 29, 2011 upon order obtained by Barbara Van Tine, both Dennis and

16

Amanda appear for a psychological evaluation to determine their capability as caretakers. Exhibit

17

___, Adelman Report dated May 3, 2011 (Dennis and May 10, 2011 (Amanda.

18

503.

On or about May 16, 2011, Dennis took Kyle to Dr. Schlesing, Psy.D. Licensed

19

Psychologist, for an evaluation to assess Kyle’s mental, emotional, and behavioral functioning;

20

personality variables, prognosis, diagnosis, and treatment recommendations:

21

504.

Kyle was born with three holes in his heart that has since healed;

22

505.

Kyle was hospitalized with febrile seizures when he was 14 months old, and had

23

his tonsils removed in February 2011. 96

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 96 of 212

1

506.

Test Findings, among other things, indicate that verbal skills and word knowledge

2

are strengths for him, but he has serious weaknesses in other skills such as conceptualization skills,

3

opposite analogy skills, counting and sorting skills, numerical memory, coordination skills, and

4

tapping sequences. Emotionally, Kyle is depressed, grieving over the loss of his sister, and anxious

5

about the family situation. He feels inadequate, ineffective, and powerless; he blames himself for

6

the lack of from the mother figure. Kyle harbors a lot of anger toward the mother figure

7

and that relationship trust has been fractured. He blames himself for punishments suffered at the

8

hands of his mother, and perceives his father figure as helpless to do anything to protect him. His

9

fear is that he will go back to live with his mother

10

507.

Kyle’s diagnoses are Adjustment Disorder with depression and anxiety;

11

Developmental Coordination Disorder, Dyslexia; and Mathematics Disorder.

12

Communication Disorder and Phonological Disorder cannot be ruled out.

13

508.

Further,

Recommendations: speech therapy; play therapy to help him express feelings

14

about the disruption of the family and help him cope with the stress he is feeling; therapy to focus

15

on grief issues; specific recommendations to the therapist as to the kinds of activities to help him

16

improve physically, conceptualizing, counting, problem solving, and memory;

17

509.

Data indicates there may have been harsh and punitive parenting practices;

18

attachment bond is stronger with his sister than his mother so bonding assessment is recommended

19

as to Kyle and his mother;

20 21 22

510.

Recommended family therapy to help Kyle deal with the circumstances and not

take on the parents’ issues; 511.

Report sent to Vantine and she never responds.

97

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 97 of 212

512.

1 2

Lebanon R-III School District is aware of these diagnosis and continues to allow

K.L. to fail in math, and removed him from his classroom because he was failing all other subjects. 513.

3

Kyle attended Lake West Christian Academy from approximately February 2011,

4

including summer programs, through January 30 2012. Dr. Mike stated that Kyle has not

5

responded successfully to conventional attempts to teach him, nor has he grown and matured

6

behaviorally. Exhibit __, Letter dated 1/30/12 from Dr. Mike Currier, Executive ,

7

and Lake West Christian Academy. 514.

8 9

in Kyle: 515.

10 11

516.

517.

Frequently expressed depressive and sorrowful moods about missing his sister and

518.

He is not progressing academically as he should; he has trouble distinguishing a

dog;

16 17

On the infrequent times he visited his mother, he returns a whole different boy of

negative moods, aggressiveness, and depression;

14 15

Positive and negative behaviors change daily – on a quickly changing emotional

highs and lows;

12 13

Dr. Mike and his Kindergarten teacher Mrs. Farr noticed the following behaviors

number from a letter and rarely retains learned material;

18

519.

He does not want to learn or bother to learn anything;

19

520.

Aggressive to his classmates, shown by hitting, slapping, and kicking; often quite

20

unkind in his comments to classmates; 521.

21 22

Rambles in his conversations, perseverates sentences back and forth like a broken

record;

98

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 98 of 212

1

522.

Physical behavior: consistent eye is rare; when talking about negative

2

situations, he assumes almost a fetal position; he has a habit of contorting his hands and arms in

3

odd patterns when in conversational stress; and

4 5 6

523.

He does have cheerful and positive moments but they are often contrived and have

little to do with reality. 524.

Dr. Mike stated that he sees Dennis as the best opportunity Kyle has to grow

7

through this stressful life at this time. Exhibit ___, Letter from Dr. Mike Currier to Dennis Lagares

8

Jr dated December 14, 2011.

9

525.

Dr. Hopkins saw Kyle for the second time at the Mercy Clinic Family Medicine in

10

Richland in November 2012. Dennis reported that Kyle received a diagnosis of Autism Spectrum

11

Disorder and was not doing well in school at Camdenton. He sought those through Mercy

12

Outpatient Therapy in Lebanon. Dr. Hopkins Letter, 4/19/12.

13

526.

On December 8, 2011, the State of Missouri, DSS entered its Decision and Order,

14

including Findings of Fact in Missouri, ex rel., Amanda Lagares v. Dennis Lagares Jr, 11 ML-

15

Ad00073, Miller County in which Dennis was ordered to pay child for Amanda in the

16

amount of $269 per month. Exhibit ___, Decision and Order, 12/8/11. Dennis had physical

17

custody of Kyle and Amanda had physical custody of Nicole; The Order was subsequently

18

appealed, although the appeal and vacating garnishment orders as a result was not promptly

19

implemented. Several False and misleading statements were written by Amanda on DSS

20

application, one of them was that N.L. was the only child of the marriage making it appear

21

K.L. was not Amanda’s child as well or born of the marriage. Based upon Amanda’s lies this

22

order was superseded on august 16TH, 2012 divorce decree.

99

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 99 of 212

1 2 3

527.

Kyle attended Camdenton R-III public schools from August 2010 to November

2010 _____. See, School Records at ____. 528.

Dr. Hopkins saw Kyle again on 3/18/12. Dennis and Sherry were home-schooling

4

Kyle and outpatient therapies. Dr. Hopkins noted “again” that Kyle was “reluctant to make eye

5

—one of the key features of pervasive developmental disorders…of which Autism and

6

Asperger’s” are included. She believed that Kyle was higher functioning but his inability to

7

function in a school setting along with the behavior she observed constitutes a diagnosis of Autism.

8

Exhibit __.

9

529.

On March 16, 2012, a visitation stipulation was entered in the Divorce case signed

10

by attorneys Ruth Schulte and Lew Btbridges with the approval of GAL Barbara Van Tine. Exhibit

11

___, Stipulation.

12

530.

Kyle was home-schooled or attended home-medical schooling from November

13

2010 to February 2011 and February 2012 to April 17, 2012 until he ed and attended

14

elementary school in the Lebanon R-III School District on August 14, 2012. See Dr. Beatty’s

15

letter dated April 4, 2012 to Dennis’s attorney, Ryan Bridges.

16

531.

On April 12, 2012, the Divorce Case was called for trial. Amanda put on her case

17

and when she rested, Judge Koeppen continued the trial until April 17, 2012 when Dennis would

18

have the opportunity to put on his case. Exhibit ___, Docket Sheet Case No. 10cm-DR00195.

19

532.

The first court mandated custody order was signed by Judge Koeppen on April 17,

20

2012, and entered on the following day. The Temporary Custody Order provided, among other

21

things, that the hearing set for that day was continued until August 1, 2012. Until that time, the

22

parties were to share t legal and physical custody of the children every other week, exchanging

23

physical custody on Sunday afternoons. 100

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 100 of 212

1

533.

In her April 19, 2012 letter “To Whom It May Concern,” Dr. Hopkins stated that

2

she did not have the original workup papers for a diagnosis, but Kyle’s behaviors, the history by

3

his father and grandmother, and the behaviors noted by Mercy therapists are consistent with the

4

diagnosis. She offered: to see Kyle again in order to observe his behavior overtime; to perform

5

Childhood Autism Rating Scales, Asperger Syndrome Diagnostic Scales, and Vanderbilt

6

Diagnostic Ratings Scales; and to review school reports and those of other providers to make sure

7

her observations and conclusions are consistent with theirs. Exhibit __.

8

534.

Dr. Beatty diagnosed Kyle with Asperger’s Syndrome in November 2011. Exhibit

9

____, [CONFIRM]

10

535.

On July 13, 2012, Dennis took Nicole to Dr. Campbell’s office. Her Physician

11

Notes state that Dad is here with Nicole regarding management of urinary symptoms. She notes

12

that she issued a letter on June 28, 2012 to be retained by both parents stating that Nicole should

13

not be treated with antibiotics except in very specific instances, and yet she has been provided with

14

ER charts noting prescriptions for antibiotics when Amanda took Nicole presenting with possible

15

UTIs. Dr. Campbell states that she will discuss with the GAL. Recommends legal custody to

16

Dennis Lagares Jr. See “Nicole Med Records to Present.”

17

536.

Gina White, Nurse Practitioner of Urology Specialists, Department of

18

Surgery/Division of Urology Women’s and Children’s Hospital, University of MO Health Care,

19

wrote a letter on July 16, 2012, “To Whom It May Concern” stating that Nicole was evaluated for

20

recurrent urinary tract infections. Testing indicates voiding dysfunction and is being treated with

21

oral liquid oxybutynin 2.5 ml twice daily. It is recommended that she continue to take this

22

medication for several months to allow bladder muscle to relax. DMU Production, p. 560.

101

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 101 of 212

1

537.

Pursuant to the Court’s order entered April 17, 2012, Amanda and Dennis were to

2

share custody, a week at a time until August 1, 2012, when the matter was to be reconvened.

3

During that period of time from mid-April until August 1, Amanda failed to secure for the children

4

a psychologist or therapist in Warrensburg, where she resided at the time, or to continue Kyle’s

5

Speech/Language and OT therapy.

6

counsel

7

538.

Letters and emails to, between and among the parties and

On August 1, 2012, according to the docket sheet, evidence was submitted and

8

received, and the parties reached an agreement resulting in the Court granting the divorce and

9

entering its Judgment of Dissolution of the Marriage (Judgment into the record on August 16,

10

2012, along with Exhibit 1, the t Parenting Agreement, incorporated by reference. (Lagares

11

195 081612 Judgment of DOM.

12

ed for school. Pursuant to the Judgment:

Amanda did not live in Lebanon, where the children were

13

539.

The parties were granted t legal custody.

14

540.

The father’s address is to be used for mailing and educational purposes.

15

541.

The parties shall share custodial time on a week by week basis. If the Mother has

16

not established a legal residence in Lebanon prior to commencement of school, Mother’s custodial

17

time is from 6:00 p.m. Fridays until 6:00 p.m. Sundays.

18

542.

Kyle shall receive physical, occupational, speech, and reading therapies as

19

scheduled with outside providers and as recommended at home; Kyle will continue counseling

20

with Dr. Beatty; and Dr. Karen Hopkins shall remain his attending physician.

21

543.

Nicole shall receive all prescribed medications and therapies. Dr. Beatty shall

22

remain Nicole’s counselor, and Dr. Caroline Campbell and Missouri University Pediatric Urology

23

Clinic shall remain attending physicians. 102

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 102 of 212

1

544.

The family shall enter into family counseling, including the children, with Dr.

2

Beatty, or such other provider as agreed upon by them. The parties shall attend Asperger’s

3

educational sessions as the providers may recommend.

4 5

545.

No corporal punishment by the parties; nor shall they allow anyone else to use

corporal punishment.

6

546.

DFS, Children’s Division

7

547.

On August 14, 2012, Dennis met with Becky Simpson when he enrolled the

8

children. At that time, Dennis advised the school the children would need 504 accommodations

9

and related services, to accommodate the manifestations from their disabilities, such as water

10

bottles allowed in class, frequent bathroom breaks, time away for therapy sessions; he asked to

11

schedule a meeting for that purpose. Dennis specifically stated that he did not want anything

12

through the school – everything was private and at that time Dennis provided a copy of the t

13

Parenting Agreement, which specifically addressed Kyle’s Individual Education Plan and

14

Individual Health Plan.

15

548.

August 14th, 2012 N.L. is taken to the Mercy ER, by Ginger Lagares. Bruising on

16

her head and body. Amanda does not disclose the reasons for the bruising. Later FB post indicate

17

Patrick thinks it is funny when questioned by his family.

18 19 20 21 22 23

549.

On August 27, 2012, Amanda emailed Dennis stating that he is 18 minutes late in

exchange and that she is at the Police Station. 550.

August 27th 2012 Dr. Campbell record shows, Nicole Dr. Visit, Children Division

being ed. Mother refuses to follow Dr. Orders. 551.

August 27th 2012, Patrick has baseball bat, charges at Dennis, Ginger, and

Children at custody exchange. 103

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 103 of 212

552.

1

On August 28, 2012, 3:55 P.M. a Hotline call, No. 20122410402, came into the

2

DSS for medical neglect of Nicole; the reporter said that Amanda was not giving Nicole her

3

prescribed medications for the chronic urinary tract infections. A family assessment was provided

4

in the report, and as of the conclusion date of 12/07/12, no services were needed, and no case was

5

opened. However, there does not appear to be any record of anyone from DSS speaking with

6

Amanda. Exhibit __, Hotline Call No. 20122410402 Report. 553.

7

Less than two weeks after the Court entered its Judgment, Amanda breached the

8

t Parenting Agreement (and continually breached it until a subsequent order was entered in

9

2013, and therefore in contempt for failure to comply with the Court’s Order. 554.

10

On September 4, 2012, the school calls to advise they are having a meeting on

11

September 5, 2012 with the director of special programs regarding Kyle, without specifically

12

stating the purpose of the meeting. Dennis believes it to be the 504 Accommodation request

13

meeting.

14

555.

The September 5, 2012 meeting:

15

556.

Began with questions regarding who had custody of the children over the last two

16

years.

557.

17 18

The school states that they have been made aware of the Hotline Call of August 28. Medications and Medical Records: Amanda signed the releases for Drs. Hopkins,

Beatty and others, exclusive of Camdenton. 6 Exhibit ___ N.L. 136 558.

19

The school notes/minutes, dated either September 5 or 6 regarding the meeting held

20

on Wednesday, September 5, 2012: Among other things noted were: RAT-4 and K-Booster

21

Assessment were performed and reported on by Joel Hunter; Debbie, the first grade teacher,

22

reported that Kyle wants to do well, and he is agitated when he does not know what he is doing;

6

The school subsequently uses a Release signed by Amanda as a template, 104

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 104 of 212

1

and the Nurse reported that a release was necessary to start the gluten-free diet. Dad informed the

2

school that the parents have been taking care of the gluten-free diet, and Ginger attests to the fact

3

that the diet helps with hyperactivity. Dennis also states that Nicole needs water because of bladder

4

problem (Mom, comments that there are no bladder issues at her house; Asperger’s diagnosed by

5

Dr. Beatty and Hopkins; and, dyslexia under medical heading in divorce papers. [Notwithstanding

6

the Judgment to the contrary regarding the Thomson Center evaluations] the notes also record

7

Mom’s statement that evaluations at school for Kyle are fine with her. All of the foregoing

8

information regarding the children’s medical diagnoses, recommendations of therapists, schedules

9

of therapies, and schools attended were previously provided by Dennis at the August 14

10 11 12 13

enrollment. Exhibit N.L. 138, DAL Affidavit. 559.

The school now states that those records were not provided, or if provided, they no

longer have them. 560.

Dr. Lapardus voices her opinion that there is nothing wrong with Kyle, rather the

14

lack of exposure. Dennis responds by reiterating the diagnosed disabilities from Dr. Beatty,

15

Schlesinger and others and that all testing is to be done at the Thomson Center. DAL Affidavit.

16 17 18

561.

Amanda completed the Parent Information for Student/Assist Teacher Referral

20121206 Kyle CERT School REC. K.L. 81-135 at ¶40. 562.

The information sheet for Nicole dated by Amanda on September 26, 2012 (was

19

to be returned to the Teacher on 9/14 but was not actually delivered until the last party of

20

September for Nicole to enter elementary school in Lebanon. Of note, Shawn Colgan is listed first

21

as fiancé, then crossed out and changed to Step Father; at page 2, a response was entered to the

22

question of whether the child had been home-schooled, then crossed out and circled “No”; the list

23

of places and schools outside of Lebanon was answered, then crossed out; professionals outside of 105

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 105 of 212

1

school, was first “Y” to speech Therapy, OT and Language Therapy, then crossed out and circled

2

“N”; originally a written response was provided to Nicole had ever been evaluated, then marked

3

through, yet there is an “X” before “Preschool”; a response was originally made to the question

4

regarding serious accidents, then marked through and “N” circled; and, finally, in response to

5

concerns regarding your daughter’s health, rather than the bladder condition, from which she had

6

suffered for over a year, Amanda responds that Dennis “is still giving her that oxybutynin even

7

though he knows about the adverse side effects.” DMU Production, pp 378-82.

8

563.

Dennis believed that the Judgment and incorporated JPA would govern and

9

everyone would abide by its going forward; it was not true. On September 21, 2012,

10

Amanda submitted to the school a change of address from her previously designated “permanent

11

address” to her mother’s address – picks up the children on Friday evening and keeps them. She

12

tells Dennis and later the Sheriff that everyone knew she was in the process of moving. She does

13

not actually move to Lebanon until September 21, 2012. The primary reason this provision was

14

included in the t Parenting Agreement was to provide stability and a routine for the children.

15

Amanda had continually moved over the last two years, and would later testify that she was not

16

sure how many times she moved. Many times, her “residence” would be on a friend’s couch. So,

17

even if she moved to Lebanon during the school term, there was no level of comfort that she would

18

remain in the district for any lengthy period of time. DAL Affidavit; Amanda testimony; emails

19

between Amanda and Dennis.

20 21

564.

September 21st 2012, Amanda signs for Reading services at Lebanon R-III School

without Dennis Knowledge. Services to be performed by Kyra Crabtree.

106

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 106 of 212

565.

1

On September 23, 2012, Dennis reports to the Laclede Sheriff’s Department that

2

Amanda was in breach of the JPA and refused to return the children after picking them up on

3

Friday, September 21. Exhibit __, Police Report. 566.

4

On September 24, 2012, Dennis went to the school to pick up the children;

5

however, the school personnel would not release the children to Dennis. The school called the

6

Resource Officer, who is available through contract between the School District and the Police

7

Department, and after looking at the JPA agreed that Dennis should have the children. At which

8

point, the school told Dennis that it did not matter because the children had already left on the bus.

9 10

567.

Per parenting contract, the children were not to ride the bus, but to be picked up at

568.

Shortly thereafter, the school mandates a “Schedule” of when Dad and Mom get

school.

11 12

the children, notwithstanding the JPA. The school determined that Amanda would have them one

13

week and Dennis the following week, color coding which week was whose on the school calendar.

14

Dennis, pursuant to advice of counsel, maintained the Plan B schedule in the Judgment because

15

Amanda had not moved to Lebanon before school. As a result, Amanda would have the children

16

for 10 days and then Dennis would get them for four days. Thus, 11/14/12 DSS hotline call was

17

false.

18

569.

Notwithstanding the school policy that custody agreements are a contract between

19

the parents and/or guardians, and the school was not a party, it was the District’s policy to release

20

the children to either parent, the school reported to DSS that Dennis would just show up when it

21

was not his time [per the School-mandated physical custody schedule] wanting the children to be

22

released to him. The school would refuse to let him have the children and they would have to call

23

the Sheriff’s Department. According to one of the teachers interviewed by Children’s Division of 107

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 107 of 212

1

DSS, they would refuse to give him his children because they were afraid he would take the

2

children and not return them to Amanda. See Hotline Call # Call No. 2013190458, Chronological

3

Narrative, p. ___; Lebanon R-III on-line school policy; DAL Affidavit.

4

570.

The School-Mandated custody arrangement continued for a year until the Court’s

5

9/3/2013 Order. Oral order of August 20th, 2013 N.L. to be released immediately to Amanda

6

signed and entered September 3, 2013 Order.

7

571.

Debbie Burns, on behalf of the Lebanon R-III School District, evaluated Kyle for

8

social and emotional functions on October 24, 2012 and completed Teacher Report Form (TFR

9

on October 31, 2012 (10/31 TRF. Neither the fact the evaluations occurred nor the results were

10 11

disclosed to Dennis. TRF dated 10/31/12. 572.

On October 26, 2012, Dennis filed for a Due Process hearing, istrative Case

12

No. 12-1924-ED, because of testing the school intended to do notwithstanding the diagnoses

13

provided by other medical care providers and the Court Order authorizing (I only testing by

14

Thomson Center and (ii medical/OT/Speech Language therapists currently in place was to be

15

continued; and, more importantly, to maintain the status quo rather than change his teacher/classes

16

until the outcome of the Thomson Center testing scheduled in January 2013.

17

573.

Ms. Burns states in the 10/31/12 TRF that Kyle “often hums or makes other odd

18

noises in class, fails to finish things he starts, can't concentrate or pay attention for long, can't sit

19

still, seems confused or seems to be in a fog, fidgets, daydreams or gets lost in his thoughts; has

20

difficulty following directions, appears nervous, has difficulty learning; appears unmotivated,

21

produces poor school work, produces messy work, is inattentive, stares blankly, and fails to carry

22

out assigned tasks. Kyle sometimes acts too young for his age, is impulsive, and appears poorly

23

coordinated.” Exhibit __, p. K.L. 32. 108

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 108 of 212

574.

1

Ms. Burns summarized the results from the evaluation of Kyle: “Kyle seems

2

unfocused most of the time… indicated Clinically Significant issues” within the areas of Thought

3

Problems and Attention Problems. Exhibit ___, 10/31 TRF, pp. ____. 575.

4

Ms. Burns would later prepare a different report that was delivered to the Thomson

5

Center for review in connection with the Court ordered Thomson Center evaluations. Exhibit

6

____.

7

576.

On November 14, 2012, a Hotline call was made to DSS at 8:28 p.m., Call No.

8

2013190458. The Reporter alleged that Dennis (Ginger was the perpetrator, inflicting bruises,

9

welts, and red marks on Nicole. The reporter stated that her father grabbed her, she is the only girl

10

and they don’t take the extra time to help her. A family assessment was made. No services were

11

needed and no case was opened.

12

577.

Dennis filed a motion in istrative Case No. 12-1924-ED to reschedule the

13

AHC prehearing conference scheduled for November 19, 2012. His motion to continue the hearing

14

was denied. ,

15

578.

Amy DeGraw, CD employee Chronological Narrative states that she attempted a

16

home visit at Dennis’s residence at telephonic with Joel Hunter at the school between 11/15

17

and 16. On November 19, 2012 in connection with Call No. 2013190458, she met with Dennis

18

and Ginger in their home. Dad begins telling her about the medical problems the children have;

19

and, other than a statement by Dennis that they do not use physical discipline, the kids get either a

20

time out or put in the corner, it does not seem he knows that he is the perpetrator or that there was

21

even a new Hotline call alleging that he bruised Nicole on her arm.

22 23

579.

The DeGraw Chronological Narrative of the Esther Elementary visit on November

20, 2012 (istration, Howe, Kelm, and Moore state, as follows: The notes begin with, “This 109

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 109 of 212

1

issue has been going on since the beginning of the school year,” without any notation or

2

explanation describing what the “issue” is. According to the Hotline, Nicole said her Dad grabbed

3

her arm when she wanted to go play and he wouldn’t let her. In direct communication by CD with

4

Nicole, she doesn’t getting any bruises on her except when she gets a scrape from falling

5

down sometimes. What is the “issue” that the school seems intent on addressing? According to

6

the DeGraw notes per the istration, Dad comes to the school demanding to pick up the

7

children even when it is Mom’s week, and they won’t release her to him. Dad is violent, and the

8

principal is afraid he will bring a gun (Hotline call report mentions guns in the home, too; the

9

children miss school regularly when they are with their Dad, hyperactive, poor hygiene; on one

10

occasion, they missed school when they were supposedly sick, but Dad took them hunting (once

11

again guns interjected; Dad had lawsuit against [Camdenton] school previously, and now he is

12

filing against Lebanon school; Ms. Lupardus will be in charge of that suit; Mom provides better

13

care, does homework with the children. Notwithstanding the documents provided to the school at

14

the children’s enrollment, the School tells DSS that they believe Dad came up with Asperger's

15

Syndrome on his own because there is no physician’s diagnosis of the syndrome. By this time,

16

Amanda had signed releases to obtain medical records from Kyle’s doctors. According to

17

DeGraw’s notes, Dad doesn't believe in public education but the divorce decree requires

18

attendance at public schools, and Dad will not let Kyle be tested. Notwithstanding school testing

19

and evaluation had been completed and only that testing information was used to place K.L. into

20

Federal Funded IDEA School Program.

21 22

580.

DSS Visitation with Nicole at the school: Immediately following the school

visitation: She loves, school, Ms. Kelm, and peanut butter and jelly sandwiches. She eats gluten

110

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 110 of 212

1

free at her Dad’s; but whatever she wants at her Mom’s. She doesn’t getting any bruises,

2

except scrapes like when she falls down.

3

581.

DSS Visitation with Kyle: He likes school, has lots of friends. He likes to ride his

4

bike at his Dad’s house and he gets along with his stepbrothers. He feels scared sometimes at his

5

Mom’s because there are snakes in the yard. He gets scared at his Dad’s when the dog barks

6

because it is loud. He is still seeing a therapist and likes visiting with her.

7

582.

On 11/27/12, Lori Pulley, Kyle’s OT therapist reported in the Progress Notes that

8

Patrick “smacked me while I was doing pushups. He did that because I was being mean.” Exhibit

9

__ Mercy Therapy Services, Lebanon Daily Notes, 11/27/12.

10

583.

January 8, 2013 Thomson Center evaluation of Kyle: Present pursuant to request

11

by GAL Barbara Van Tine and court order to rule out possible presence of ASD, assess his

12

cognitive and behavioral functioning, to receive an updated medical status evaluation and to

13

recommend treatment. The previous reports reviewed were: Schlesing, Pully, and DeWitt and

14

letters by Drs. Beatty and Hopkins. The Center concluded that Kyle does not ASD primarily

15

because of lack of pervasive impairments in the area of communication, social interaction and

16

receptive/restricted behaviors. Recommendations: family counseling to assist in addressing

17

manifestations of stressors; updated speech and language eval, with education goals taking into

18

consideration his phonological awareness and reading abilities; suggest that school be provided

19

results of eval and monitor his progress to determine if there is a learning disability; continue

20

reading and strategies; systematic phonics instructions because of phonological disorder;

21

work on memory, eye when instructions are given, request paraphrasing of instruction and

22

repetitive practice and rehearsal of information; and involvement in extracurricular activities to

23

promote positive peer relationships and self-esteem. 111

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 111 of 212

584.

1

On May 17, 2013, a Hotline call was made to DSS at 9:48 p.m., Call No.

2

20131370481. The Reporter alleges that Dennis is the perpetrator for reason of lack of supervision.

3

According to the Reporter, Kyle has been touching his sister in her “bad spot.” The Reporter also

4

states that it only happens at Dad’s house and it only happens when Dad is asleep or not at home.

5

Dad’s wife is supposed to be watching the kids. The allegations were investigated and no case

6

opened. Exhibit ___, CA/N Report. Dennis was not notified per state policy. 585.

7

On May 21, 2013, Amanda took Kyle and Nicole for the counseling appointment

8

with Dr. Beatty. This was the only time Amanda ever took the kids for an appointment with Dr.

9

Beatty.

10

586.

Kids Harbor interviewer Diana Sederwall interviewed Nicole on May 22, 2013.

11

The Interviewer Notes state that Lora Shreve was the advocate and that Nicki Watson from Laclede

12

DSS CD was present. Kids Harbor Interviewer Notes, 5/22/2013. No from DSS to Dennis

13

prior to Kids Harbor interview, as per state policy. Diana Sederwall is a known political friend of

14

Some Defendants. Diana Sederwall wrote false statements about the interview of N.L.. These

15

statements were used by co-conspirators to further the conspiracy. Diana Sederwall coerced N.L.

16

into statement known to be false by the co-conspirators. Kids Harbor and Diana Sederwall are

17

contractors of DSS-CD, and receives federal funding and state funding in part or whole. These

18

known to be false and misleading statements were used to impugn Plaintiffs and Plaintiffs family,

19

and to facilitate in the abduction and kidnapping of Kl and N.L..

20

587.

Detective William Morris of the Laclede Sheriff’s Department was also present in

21

person to watch the kids harbor interview, however his name is not mentioned on documents

22

provided. Detective Morris will use these false misleading statements to try to bring charges upon,

23

Plaintiffs and specifically K.L., age 7, and coerce false statements to further the conspiracy. 112

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 112 of 212

1

Causing the first TRO, of K.L. age 7 and N.L. age 6 to be separated and all the special IEP and

2

IHP to be stripped by coconspirators and Court order. This was used to insert the DSS-CD (State,

3

and interest in the Plaintiffs, as decision makers, and to deter Plaintiffs from seeking Justice for Kl

4

and N.L., and secure and tamper with the witnesses, and implant a false narrative into K.L. and

5

N.L. Psyche.

6

588.

Judge Jaynes signs an order for the disclosure of the Kids Harbor CD.

7

589.

According to the interviewer notes and video, Kyle is clearly identified, the events

8

occurred more than once; however, the Hotline call said that the events only happened at Dad’s

9

house, and Nicole states during the interview that the touching occurred at Dad’s, Mom’s, and

10

Granny’s (Amanda Mother According to Nicole, at various times, Ginger and Dad were at home,

11

Mom was home; Patrick was at home, but Mom was at Granny’s; Gabe and Casey were present at

12

Mom’s and Granny’s.

13

590.

On May 26, 2013 at 6:45 p.m., a Hotline call, No. 20131460125 was made to DSS.

14

The Reporter alleges that Dennis is fondling/touching Nicole. On the Hotline sheet, it is noted that

15

this is Duplicated Call of 5/17.

16

591.

On June 5, 2013 at 2:19, a Hotline call, No. 20131560219 (Dr. Beatty was made

17

to DSS, alleging that Amanda and Patrick were sexually and physically abusing Nicole and Kyle.

18

Nicole disclosed sexual abuse by Mom’s husband (Patrick. He touched her with his index finger

19

on her private spot. They were in the bedroom at night. As for physical abuse, Kyle and Nicole

20

drew pictures previous week of Mom and Patrick hitting them with a golf club, tire, and spoon

21

ladle. More information was provided on the previous day regarding hitting. J. Robinson s

22

Dr. Beatty at 2:38 p.m. -- she saw Nicole the day before. A disclosure was made and she believes

23

disclosure is not credible. Allegations came out within the last 3 weeks; but prior to 3 weeks ago 113

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 113 of 212

1

the children were doing well. Dr. Beatty had in depth conversations with both children about

2

touching. DSS CD had in person visit with Dennis regarding the new investigation and he agreed

3

to family placement with his brother and his wife. Justina and Nicki Watson make . There

4

have been 4 hotlines called in most with different perpetrators. Justina and Nicki agree that family

5

placement would be beneficial.

6

unsubstantiated.

7

592.

It seems to be custody driven.

The call was determined

DSS-CD records now show, hand written notes indicating this as a duplicated call.

8

(There had been no call made prior to this call, with these allegations by Dr. Beatty or anyone else.

9

Dennis and Ginger had made written police reports about these allegations on May 31st 2013

10 11

Laclede County Sheriff Dept. Did not make the mandated Hotline call. 593.

A second Hotline call was received on June 5, 2013 at 4:46 p.m., Call No.

12

20131560309. Amanda told the Reporter what Nicole disclosed. Mom said Nicole told her that

13

“Dad” was touching her inappropriately and her step-siblings were also touching her.

14

Reporter said that Dad went to file ex parte against Amanda stating the exact same things only

15

against Mom’s fiancé and was granted one. Reporter believes this has been happening on and off

16

for a while.

17

594.

The

Nicki Watson visited Dennis’s residence in person with Deputy Steve Price. Nicki

18

spoke with Rohrer Dennis attorney told Dennis co-operate With DSS-CD and said to family

19

placement. Family placed with David Lagares. David brought Nicole with Kyle to the Kids

20

Harbor interview and as a result, he could not be interviewed at that time. (Interview was agreed

21

to happen at Columbia Rainbow house, Hundreds of pages of Documents were taken into CD the

22

morning of the interview was to take place, by Ginger Lagares. After speaking with Justina

23

Robinson and Dr. Beatty, they determined it safe to release the children back to their father. At 114

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 114 of 212

1

12:45 p.m. on June 10, the children were returned to their father. The call was determined

2

unsubstantiated.

3

595.

June 5th 2013, Sherry Lagares and Dennis Lagares Jr Sr. requested custody of K.L.

4

and N.L.. Nickie Watson/Justina Robinson refused and against State of Missouri policy as right of

5

first refusal when family placed.

6

596.

Dennis took Nicole to Dr. Schlesing, Psy.D. Licensed Psychologist, for a

7

psychological Evaluation on July 2, 2013. Dr. Schlesing determined that Nicole was depressed

8

and anxious; experiencing anger and fear, which are prone to manifest in symptoms of bodily

9

aches and pains; may be dissociation; may be PTSD, cannot rule out sexual abuse, harsh and

10

punitive parenting practices; perceives safety and stability in setting with Daddy, Ginger, and Kyle.

11

Recommendations: Serious consideration to placement in the home where Nicole feels security,

12

safety, structure, and stability; if visits with the Mother, then supervised until parenting practices

13

are determined and role of Patrick; if dissociation utilized, then use indicates the discomfort has

14

been transpiring for a long duration of time.

15

597.

Dr. Schlesing also saw Kyle on July 2, 2013 for a psychological evaluation of Kyle.

16

She found Kyle depressed, anxious, and fearful of bodily harm. He has anxiety over parental

17

figures he perceives as punitive. When questioned about them, he doesn’t want to talk about that,

18

he doesn’t live with them anymore. He is attached to Ginger and Sherry; identifies strongly with

19

Dennis; identifies his mom as Ginger and his sister as Nicole. He perceives safety and stability in

20

that setting. “We do happy things.” Recommendations: Testing data indicate harsh and punitive

21

parenting practices, maybe even abusive on the part of Amanda and Patrick. Placement should be

22

where Kyle feels stable, safe, and where he can experience consistency, stability, and begin to feel

23

secure. He shows no attachment to Amanda, but strongly and quickly attached to Ginger, which 115

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 115 of 212

1

is significant. Serious consideration to placement in the home where Kyle feels security, safety,

2

structure, and stability; if visits with the Mother, then supervised until parenting practices are

3

determined and role of Patrick. (This report was reviewed in chamber by Koeppen prior to his

4

separation order of K.L. and N.L. on August 20th 2013 decision.

5

598.

Hotline Calls: 7/17/13, Call #20131980198; 8/22/13, at 6:05 p.m., Patrick is the

6

alleged perpetrator of abuse against Nicole. Missing Document from the record release , additional

7

request for DSS-Cd records the records are produce. This appears to be from Dr. Beatty as well.

8

No investigation of the allegations was conducted or even the call disclosed.

9

599.

A Notification of an IEP meeting from the Lebanon R-III District was dated

10

8/23/13, but mailed to Dennis by U.S. mail, postmarked August 27, 2013. The hearing was

11

scheduled September 3, providing at best five days’ notice. This meeting was in violation of

12

procedural safeguards.

13

600.

At a hearing on August 20, 2013 on all pending matters before the Court in 10CM-

14

DR00195-03, following a meeting in chambers and counsel, a record was made. The Motion to

15

Disqualify GAL was overruled. Having heard in chambers that one of the minor children may be

16

engaging in injurious behavior to the other minor child, the trial date is stricken, and made

17

temporary custody orders, separating the children, among other things. Temporary Custody Order.

18

The Order was signed on September 3, 2013.

19

601.

On August 23, 2013 at 6:05 p.m., a Hotline call, #20132350426 was made to DSS,

20

by Mercy Hospital (N.L. was at school all day and arrived at Mercy immediately after school

21

alleging that Patrick had inflicted bruises, welts, red marks on Nicole. Dennis brought Nicole in

22

with bruise to her lower right arm, and Nicole stated that Patrick grabbed her. There was a thumb

23

print bruise on her arm. Dennis asked for a visual exam of vaginal area because she has been 116

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 116 of 212

1

having redness. Later Schulte describes this in Court as a full vaginal exam, which simply did not

2

happen. DSS records describe Schulte description as well.

3 4 5 6 7

602.

On August 23, 2013 at 6:30 p.m., Incident Report #2013-081086, Dennis reported

abuse of child to Laclede County Sheriff’s office. 603.

Dennis filed for a petition for Show Cause Hearing on August 26, 2014 (?? and

serves the District at the IEP meeting. Those present at the IEP meeting were: ____________ 604.

The District schedule a meeting on September 3, 2013, to discuss Kyle’s initial

8

eligibility and plan, if needed, for an Individualized Education Program (IEP, a legally binding

9

agreement between the parent and District. The meeting for such a plan requires a 10-day notice.

10 11

Exhibit ___, Notification of Meeting set for 9/3/13. Exhibit ____, IEP Letter, dated 8/23/13. 605.

On September 3, 2013, Judge Koeppen signs a Temporary Custody Order ordering

12

that (I DSS CD will provide services and the parents will cooperate; (ii the special medical care

13

under the t Parenting Agreement is suspended; (iii DSS CD will determine what counseling is

14

needed.

15

606.

On September 4, 2013, DSS, Children’s Division opened Case No. 20132350426

16

pursuant to the Court’s order of September 3. Exhibit __, Family Assessment (FA, C. Deckard,

17

Supervisor, Case Assign Date 9/4/13, with Assessment Begin Date of 9/9/2013. According to the

18

FA, the reason for the CD’s involvement was custody issues between the parents, with most

19

allegations against Patrick for physical and sexual abuse, none have been founded at this time. At

20

page 1 of form CD-14A, Amanda is reported as saying that Dennis has not cooperated with school

21

issues and is now reporting her boyfriend for abusing the children. All reports have been

22

unfounded. At page 2 of the CD-14A, Kyle has a learning disability and his father will not allow

23

an IEP to be done. Kyle is 2 years behind and cannot get help because the parents do not agree on 117

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 117 of 212

1

educational decisions. At page 6, the children have been separated because of custody battle. In

2

5 of the 10 pages on the CD-14A, it states that Kyle cannot get help because his Father will not

3

allow an IEP. In contrast, there is evidence that Nicole has been sexually abused, although the

4

facts as reported are not clear what really happened. See three Hotline calls, and specifically Kids

5

Harbor interview of Nicole and Dr. Schlesinger’s report that sexual abuse cannot be ruled out, and

6

yet no mention of sexual abuse of Nicole in the report. In fact, on page 8 of the CD-14A how does

7

the behavior affect day to day functioning and lists various behaviors, including inappropriate

8

sexual behavior – nothing is checked.

9

607.

The Department of Social Services, Amy Killion wrote a letter to Judge Koeppen

10

and Brad York dated 10/4/13, informing the court of the progress with the Lagares family services,

11

as per the Court’s oral ruling on 8/20/13 and subsequent written 9/3/13 Order. Paragraph A is

12

redacted; Paragraph B states that Dennis is not willing to work a Family Centered Services case;

13

Paragraph C is redacted, in part, but also states that Dennis has not returned calls or made any

14

attempt to DSS CD; and Paragraph D states that the writer spoke with Brad York, and

15

York requested the letter to himself so he could inform the Court. A second letter (or revised letter

16

dated 10/4/13: (submitted to court on 10/9/13 again Paragraph A is redacted; Paragraph B includes

17

a second sentence denying that he said he would not work a FCS case, but after speaking with

18

Justina Robinson and Catherine Watson, he made it very clear he would not participate in a case.

19

Paragraph C has additional information regarding Kyle – he has no concerns about staying with

20

either parent, and he says “red alert” in an attempt to warn of (sic fighting between Dennis and

21

Patrick. Kyle “its” that Dennis picks fights with Patrick. A new Paragraph D states that the

22

writer recommends the children be reunited with door alarms, constant supervision by capable

23

adult and, because Dennis is not willing to participate, the writer recommends placement with 118

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 118 of 212

1

Amanda. A new Paragraph E recommends individual therapy for the children with an unbiased

2

counselor, Sandy Doran, and the writer recommends the parents follow Doran’s recommendations. 608.

3

On October 7, 2013, Dennis and Amy Rozell-Killion in which Dennis apologizes

4

for not being available today, but thanks her for the voice mail message and previous email. He

5

also states that in a telephone conversation with Nicki Watson he said he would be happy to

6

participate in FCS case and that he would like his attorney to be present and know what was going

7

on in the matter.

8

present, in particular, DFS agent attended the 9/3/13 IEP meeting and participated in making

9

educational decisions for Kyle. 609.

10

The remainder of the email discusses events with Kyle without his attorney

Judge Koeppen responds to an email that is redacted o 10/9/13. The Court copies

11

Brad York, Ruth Schulte, Chris Rohrer, and Crystal Deckard, stating that he has serious concerns

12

that he would like to discuss with Amanda and Dennis. The case will be noticed up for review in

13

the near future. Later that day, the Court enters his Order on 10/9/13 ordering that the children are

14

to be reunited immediately with constant supervision; at the recommendation of the GAL and over

15

the objection of Dennis’s attorney, the mother shall receive temporary residential custody of the

16

children. Dennis shall have weekend visitations from Friday after school until Monday drop off

17

at school.

18

(previous employee of Camdenton R-III school District for counseling and follow any

19

recommendation that she may have. Cause is set for hearing on Temporary Custody on December

20

12, 2013 at 9:00 am. Attorney for the Petitioner shall prepare a proposed order and submit to the

21

court.

22 23

610.

The parties are ordered to make the children available to counselor Sandy Doran

On October 27, 2013 at 4:31 p.m., a Hotline call, #20133000101 was made to DSS,

alleging that Nicole was brought in to the police station with bruises on her bottom and leg. Other 119

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 119 of 212

1

information listed was a Police Report Number 2013-101372. From the CA/N 1 Report, it seems

2

that the Reporter is a member of the Sheriff’s Department did not talk to Nicole because Nicole

3

was interviewed by Kids Harbor, she talked to the FBI last week and the Reporter did not want to

4

ask too many questions. “It looks like she was hit pretty hard. It isn’t likely that it was an

5

accident.” In the conclusions, the Mizer notes that the family has six prior reports. Per her

6

assessment, the risk of harm is emotional abuse because Nicole and Kyle informed her that their

7

father wants them to tell lies against Patrick because he wants Patrick to go to jail.

8

611.

On Monday, October 28, 2013, Laclede County Sheriff’s Office emailed a copy of

9

the Incident Report – Endangering the Welfare of a Child, 2nd degree misdemeanor, to Sharon

10

Mizer at Children’s Division. The Incident Report states that, according to Dennis, when Nicole

11

arrived at his home she told him she lied about everything on Patrick. Kyle told him that she only

12

lied to keep Patrick from going to jail. When Dennis asked what happened, she stated she did not

13

know what she did, then later said that Patrick hit her with a green bat and told her she was not to

14

tell what happened to her.

15

612.

At approximately 10:00 a.m. on October 28, 2013, Amy Rozelle-Killion emailed

16

Brad York and Judge Koeppen advising that Dennis took Nicole to the Sheriff’s Department

17

because of bruising. As of Friday, the FBI found nothing wrong at Amanda’s home and no

18

bruising. “Again,” she is suggesting that visits with Dennis be suspended or supervised.

19

613.

That afternoon, October 28 at 4:21 p.m., the DMU records redact the name of the

20

CD Worker, but other copies identify Sharon Mizer, investigator from the Investigative Unit of

21

Children’s Division, interviewed Amanda in the early afternoon, approximately 1:00 p.m., then

22

asked if she could return to interview the children without Amanda or Patrick present. Amanda

23

agreed. The notes from that interviews state the following, among other things: 120

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 120 of 212

614.

1

According to Amanda and Kyle, Nicole was going too fast on her bicycle and hit

2

her brakes. She flipped the bicycle and it ended up on top of her. This happened at her Dad’s

3

house.

4

615.

When asked about a report that Nicole had been hit with a green bat, and whether

5

it was true, Nicole said that Kyle told her Dad that story; then Kyle said Nicole told it first, and he

6

agreed with it. When asked why they said she had been hit with a bat, Nicole says that she is

7

helping her Dad put Patrick in jail. The Worker discusses truth-telling with the children.

8

616.

Amanda tells the CD Worker that the kids are with Dennis on the weekends and

9

she has them from 8:00 a.m. on Monday to 3:00 p.m. on Fridays. She noticed a bruise on

10

Amanda’s elbow when she came back from Dennis’s house a week ago. The bruises on her legs

11

were not addressed.

12

617.

Amanda states that Dennis took the children to the FBI last weekend and this

13

weekend to the Laclede Sheriff’s Department. According to Amanda, Dennis reported her and

14

Patrick to the FBI for taking pictures of Nicole in her nightgown and nude and allowed their friends

15

to take pictures. The FBI found nothing on their cell phones. She did not think anything would

16

happen because none of the allegations were true. Dennis did not make report to FBI, only co-

17

operated in the investigation.

18

618.

Following the interview at the Rollins residence, the CD Worker placed a call to

19

Sandy Doran to inform her of the situation. In that conversation according to the Chronological

20

Narrative, Ms. Doran stated that she had hoped Dennis would stop having the children lie

21

because if it continues the children will not be able to distinguish “real from not real.”

22 23

619.

Also on October 29, 2013, Sharon Mizer emails Sheila Moore and Shalyn Howe

stating that she received a report regarding physical abuse to Nicole; but Kyle and Nicole said that 121

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 121 of 212

1

their father wanted them to be untruthful about how the bruises were received. If you have any

2

questions, call Ms. Mizer. Exhibit __, Mizer/Moore emails.

3

620.

In response, Principal Moore states that she completely agrees. It is not clear to

4

what she agrees or perhaps there were separate email(s sent between the two in a separate chain.

5

See DMU Production at 813-14.

6

621.

On October 31, 2013, the Court sua sponte conducted a status hearing. Present

7

were counsel for the parties; Brad York, GAL; Christopher Allen, attorney for pending Intervener;

8

and CD Worker. The Court ordered from the bench that a change in custody is warranted due to

9

Dennis reportedly coaching the children to lie, taking them to various law enforcement agencies,

10

all resulting in unsubstantiated accusations against Amanda and Patrick. The best interests of the

11

children will be served if Dennis has supervised visitation. Amanda has temporary sole legal and

12

physical custody of the children. Dennis has supervised visitation from 4:00 to 5:00 p.m. on

13

Mondays. Dennis will undergo a psychological evaluation. Suspension of Special Medical Care

14

remains suspended.

15

622.

On November 1, 2013, Killion once again emails counsel, the GAL and copies

16

Judge Koeppen regarding a phone call she received from Lebanon police department at 2:45 p.m.

17

on October 31, 2013. Killion reported an incident at the school when Dennis showed up wanting

18

to see his children and the police had to be called. The date of this occurrence or why the police

19

were called is not provided. Killion states that she is aware of Dennis behavior at school meetings

20

and other places. That kind of behavior will not be tolerated. DSS is prepared to have two persons

21

supervise his visitation. Exhibit __, Killion email dated 11/1/2013. (Meeting at school have been

22

audio recorded which show clear contrast to DSS and School Reports to Dennis Conduct and

23

demeanor. 122

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 122 of 212

623.

1 2

On November 14, 2013, Judge Koeppen enters the Second Temporary Custody

Order pursuant to a teleconference hearing. 624.

3

On December 22, 2013, pursuant to pending motions before the court in Case No.

4

10CM-DR00195-03 set for hearing on December 17, 2014, the Court entered its Modified Second

5

Temporary Custody Order, as follows:

6 7 8 9 10 11

625.

It is in the best interests of the children to modify the Second Temporary Custody

626.

The CD is not responsible for providing supervision for any visitation in this case,

Order;

unless ordered by the Court; 627.

The Sheriff, at the Court’s request, will allow parents access to his facility for

temporary visitation;

12

628.

Father shall visit on Mondays, from 4:00-5:00 p.m.

13

629.

The Court advised the parents that the Sheriff has control over his facility and may

14

terminate visitation in his sole judgment if he deems appropriate and reschedule;

15

630.

16

Court order;

17

631.

18

If Dennis is the offender, visitation will terminate and not be reconvened except by

If Mother is the offender, visitation will terminate and reconvened and the Court

will order appropriate remedy to address the Mother’s conduct;

19

632.

20

633.

On January 31, 2014 at 10:03 a.m., a Preventive Services Referral was made to

21

DSS, Children’s Division, and Call No. 20140310097. The alleged perpetrator is Dennis. The

22

Reporter says that he learned about this from Dennis (last name redacted. He has not seen the

23

children. At DMU Production, p. 832, it states that Dennis said they inflicted emotional abuse on 123

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 123 of 212

1

the children and at p. 838 that the children are in need of immediate medical and psychological

2

care…been allowed to be medically and medically neglected physically and sexually abused by

3

Shawn and Amanda. In Summary, actions taken were, Dennis does not have custody of his

4

children, one hour per week supervised visitation. The parents have been going through a heated

5

custody battle for several years. CD continues to provide services per the Court Order however

6

Dennis refused to work with CD.

7

634.

COUNSELING PROGRESS NOTE – SANDY DORAN

8

635.

Daylight Counseling Progress Notes of Sandy Doran, M.A., LPC (Masters of Arts,

9 10

Licensed Professional Counselor regarding Nicole: 636.

October 15, 2013, 7-8:00 p.m., assessment at Nicole’s residence. Doran found

11

Amanda, Patrick, Nicole, and Kyle home earlier than expected. From the various notes and

12

videotapes, (Dennis was videotaping for the purpose of establishing exchange of medication, and

13

safety of himself and family and Amanda and Patrick lies, and the RICO conspiracy fraud. An

14

altercation occurred because Dennis was videotaping them and they left the soccer field earlier.

15

Continuing with Doran’s Notes, when asked who does the most fighting in her family:

16

Nonny/Poppy. What are they fighting about: “They’re not supposed to be videotaping us.”

17

“Granny doesn’t fight. I love Granny.” What would Nicole to the four identified parents: To Dad

18

and Ginger: stop taping us. To her Mom and Patrick, tell them to stop taping us. The treatment

19

plan: encourage open discussion with the therapist; therapist will emphasize family relationships,

20

respect, while mindful of hotlines regarding sexual activity between Kyle and Nicole; help set and

21

maintain personal boundaries.

124

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 124 of 212

1

637.

November 5, 2013: Nicole is happy that she is living permanently with her Mom.

2

She doesn’t want her father to lie. Kyle’s first question on the other hand I when do I get to go

3

back to my dad’s, and asked a second time.

4

638.

November 16, 2013: Nicole is happy; Kyle is disappointed and angry

5

639.

December 3, 2013: Nicole’s visit with her dad was good because he did not lie.

6 7 8 9

Kyle still wants to be with his dad. He likes school and is doing well there, according to Kyle. 640.

December 21, 2013: Nicole wets the bed following supervised visit with dad.

Change in nomenclature: Nicole refers to Dennis as her father, and Patrick as Daddy. 641.

February 8, 2014: Amanda and Patrick say that Nicole is neutral about her visits

10

with her father. Someone makes the statement that they have to send her until she turns 13 because

11

of the court orders. Nicole says Kyle picks on her, but Amanda and Patrick say that Nicole is the

12

instigator.

13

642.

February 22, 2014: Her father told a lie yesterday. When questioned more, the

14

gifts he brought her were to make her forget all the other lies visiting with her father unsupervised

15

would make her “sad and angry.”

16

643.

March 1, 2014: When questioned, Nicole says an unsupervised visit with her father

17

“would never happen.” Progress Notes: He tried to kill Mommy, me and Patrick. Her Poppy was

18

with Dennis. She was never told why he wanted to kill them. She said that he has never hurt her.

19

He lies. “Chinese” writing on her arm says “you are mean to me.”

20

644.

March 8, 2014:

21

645.

Daylight Counseling Progress Notes of Sandy Doran, M.A., LPC (Masters of Arts,

22

Licensed Professional Counselor regarding Kyle:

125

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 125 of 212

1

646.

October 29, 2013, 6-7:00 p.m., IMPORTANT, Kyle said it made him mad when

2

Nicole told their real dad lies. He would tell her, “stop telling our real Dad lies.” Doran later

3

spoke with Nicole about lying. Nicole said, “I’ve been lying for 14 years.” Doran pointed out that

4

that was a lie because she was only 7 years old, and Nicole seemed surprised by that. When asked

5

what lies Kyle was talking about, she said “I told [Dad} Patrick stuck his finger in my butt.” Next

6

four pages are redacted by DMU.

7

647.

November 23, 2013: Kyle misses his dad; wants to know when he can go back.

8

Kyle is doing well in school, with his grades improving. (Audio recording with school employees

9

and teacher will disprove this statement, and reports generated by school.

10

648.

December 21, 2013: Change in nomenclature: Kyle is now calling Patrick “Daddy”

11

and states that he wants to be with him. This is following “dramatically changed…attitude.”

12

Patrick disciplines Kyle when he has done something wrong instead of arguing; according to

13

Patrick, the hateful speech and actions have been replaced with respect.

14 15 16

649.

February 22, 2014: Similar discussions as with Nicole, gifts were to try and trick

the kids, to get Kyle and Nicole to “forget about court.” Still mad at his father about lying. 650.

When Plaintiff Dennis Lagares Jr , corresponded with Sandy Doren by e-mail in

17

2015 she threatened plaintiff by stating you have been invited to participate in therapeutic Family

18

Visits in the past, and I am still willing to make that a consideration pending approval by Ruth

19

Schulte and supervised by law enforcement at the Sheriff's Office in Laclede County. Granted, it

20

would have been easier at the Children's Division with Amy supervising. “Unless you are willing

21

to work toward a peaceful resolution to this case, I request no more communication from you.”

126

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 126 of 212

CHARGING ALLEGATIONS

1

2

651.

Plaintiff alleges Defendants, and each of them, acting under color of law, have

3

caused deprivation of Plaintiffs’ rights under the Constitution of the United States; particularly the,

4

Fourteenth Amendment right to be free from deprivation of life liberty and property without due

5

process of law, the First Amendment right to freedom of expression, thought, association and

6

familial relations, the Fourth Amendment right to be secure in one’s person, papers, and effects

7

from unreasonable searches and seizures, the Fifth Amendment right to procedural and substantive

8

due process, the Thirteenth Amendment right to be free from involuntary servitude, as actionable

9

under 42 U.S.C. 1983, 1985, and 1986; the American with Disabilities Act of 1990; Section 504

10

of the Rehabilitation Act of 1973; the Child Abuse and Prevention Act, and the laws of the United

11

States, particularly 28 U.S.C. § 1443; 18 U.S.C. § 1962, 18 U.S.C. § 371, 18 U.S.C. §1961-1964,

12

18 U.S.C. §1594, 28 U.S.C. § 1343, 18 U.S.C. § 241, 18 U.S.C. § 371, U.S.C. 666, 18 U.S.C. §

13

1341, U.S.C. § 1343, U.S.C. § 1512, 18 U.S.C. § 1531, U.S. C. § 1581, U.S.C. § 1594, 18 U.S.C.

14

§ 1951; and the Whistleblower Protection Act 1989.

15

652.

Relief is sought against each and every Defendant/wrongdoer, tly and severally,

16

as well as their agents, assistants, successors, employees, and persons acting in concert or

17

cooperation with them, or at their direction or under their supervision.

18

Pattern of Racketeering Activity

19

653.

RICO Defendants have engaged in a pattern of racketeering activity in

20

contravention of Title 18 United States Code § 1962(c) and (d) inasmuch as each defendant was

21

employed by, or associated with the Enterprise 26th District and engaged in activities that affect

127

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 127 of 212

1

federal interstate and/or foreign commerce, and conducted or participated in the enterprise’s affairs

2

through a pattern of racketeering activity.

3

654.

Defendants pattern of racketeering activity includes violations of 18 U.S.C. §§ 241,

4

242, 371, 666, 1341, 1343, 1346, 1503, 1505, 1512, 1513, 1531, 1594, 1951, CAPTA, ADA and

5

its §12203, SEC. 504 of the Rehabilitation Act, IDEA, 42 U.S.C.§§ 1983, 1985, and 1986,

6

Missouri state laws related to kidnapping, child abuse, murder, and bribery (18 U.S.C. §

7

1961(1)(A)), Missouri Supreme Court Rules, Local Circuit Court Rules.

8 9

COUNT 1

10

18 U.S.C. §§ 1962(c), (d)

11

Frauds and Swindles

12

18 U.S.C. §§ 1341, 1343

13

Against Defendants, and Each of Them

14

655.

This is a count asserting numerous claims under RICO section 1962(c) and (d),

15

based upon predicate crimes actionable under 18 U.S.C. § 1341, 1343, and 1346 for Mail, Wire,

16

and Bank Fraud, against defendants as identified per Claim in this Count.

17

1036. All prior paragraphs are re-alleged and incorporated as if set forth in full.

18

656.

Defendants, having d with one or more enterprise, and devising or intending

19

to devise one or more scheme to defraud for the purpose of obtaining money or property by means

20

of false or fraudulent pretenses, representations, or promises, delivered communications, invoices,

128

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 128 of 212

1

ings, billing statements, letters, reports, ments, and other correspondence via the

2

United States mails, wires, emails, telephones, internet, and facsimiles.

3 4

657.

As an actual and foreseeable result, Plaintiffs have been deprived of rights,

privileges and immunities, damaged and injured in an amount according to proof at trial.

5

COUNT 2

6

Kidnapping

7

RSMo 565.115

8

Against Defendants and Each of Them

9

658.

This is a claim for kidnapping under RSMo 565.115 against Defendants and each

10

of them based upon their activities alleged above and incorporated herein by reference. This Count

11

is actionable as a predicate crime under 18 U.S.C. § 1961(1)(A) as “any act or threat involving …

12

kidnapping, … robbery, bribery, extortion … which is chargeable under State law and punishable

13

by imprisonment for more than one year.”

14

659.

All prior paragraphs are re-alleged and incorporated as if set forth in full.

15

660.

Pursuant to the t Parenting Agreement (“JPA”), which was Ex 1 to Judgment

16

of Dissolution of the Marriage (“Judgment”) entered 8/16/12, custodial time on week- by-week

17

basis and if Amanda has not established legal residence in Lebanon prior to start of school, then

18

Amanda would have physical custody from Friday 6pm to Sunday 6pm. Father’s address is for

19

children’s mailing and educational purposes. By start of school, Amanda had not moved. And

20

therefore she had physical custody Friday to Sunday at 6pm

129

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 129 of 212

661.

1

On Sunday, September 23, 2012, Dennis reported to the Sheriff’s Department that,

2

in violation of the JPA, Amanda would not return the children. On Monday, September 24, 2012,

3

when Dennis went to the school to pick up the children.

4

662.

K.L and N.L. were at the time under 14 years of age.

5

663.

The school detained the children and would not let the children leave with Dennis.

6

The school called the Resource Officer, and, after looking at the JPA, the Officer said that Dennis

7

should have the children. By that time, the teacher told Dennis it didn’t matter because the children

8

were on the bus to their mother’s house. Repeat offenses when Dennis Lagares Jr would go to the

9

school to pick up the children for doctor or therapists visits and the school would not release them

10

to him.

11

664.

12

kidnapping.

13

665.

14

K.L. and N.L are under the age of 14 and therefore lack capacity to consent to their

As an actual and foreseeable result, Plaintiffs have been deprived of rights,

privileges and immunities, damaged and injured in an amount according to proof at trial.

15

COUNT 3

16

Kidnapping

17

RSMo 565.153

18

Against Defendants and Each of Them

19

666.

This is a claim for kidnapping under RSMo 565.153 against Defendants and each

20

of them based upon their activities alleged above. This Count is actionable as a predicate crime

21

under 18 U.S.C. § 1961(1)(A) as “any act or threat involving … kidnapping, … robbery, bribery,

130

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 130 of 212

1

extortion … which is chargeable under State law and punishable by imprisonment for more than

2

one year.”

3

667.

All prior paragraphs are re-alleged and incorporated as if set forth in full.

4

668.

At the time of each kidnaping alleged above, no order has been entered, although

5 6

divorce proceedings were filed. 669.

Amanda Rollins had a right of custody, and removed, took, and detained N.L. for

7

the purpose of extorting Dennis Lagares Jr and depriving him of custody rights. Amanda Rollin’s

8

mother was going to buy or help Amanda obtain a vehicle, then changed her mind. Amanda

9

needed license tags for a vehicle she was driving, and would not allow Dennis to see Nicole until

10 11

he provided tags. 670.

istrative Order entered in Missouri, ex rel, Amanda v. Dennis, Cause No.

12

11-ML-Ad00073 on 12/8/11, splitting the children – Amanda has custody of N.L. and Dennis

13

custody of K.L.

14 15 16 17

671.

For approximately three months, from August until late November 2011, Amanda

Rollins refused to allow Dennis Lagares Jr to see N.L. 672.

As an actual and foreseeable result, Plaintiffs have been deprived of rights,

privileges and immunities, damaged and injured in an amount according to proof at trial.

18

COUNT 4

19

Kidnapping

20

RSMo 565.153

21

Against Defendants and Each of Them

131

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 131 of 212

1

673.

This is a claim for kidnapping under RSMo 565.153 against Defendants and each

2

of them based upon their activities alleged above. This Count is actionable as a predicate crime

3

under 18 U.S.C. § 1961(1)(A) as “any act or threat involving murder, kidnapping, … robbery,

4

bribery, extortion … which is chargeable under State law and punishable by imprisonment for

5

more than one year.”

6

674.

All prior paragraphs are re-alleged and incorporated as if set forth in full.

7

675.

On or about 10/21/2010, the Lagares family, including Dennis Lagares Jr, Amanda

8 9 10 11 12 13

Rollins, K.L. and N.L., was living together, no suit yet filed. 676.

Amanda Rollins Took Nicole without Dennis’ knowledge or permission and could

not be located for the purpose of depriving Dennis Lagares Jr of custody rights. 677.

A subsequent EP PO obtained against Amanda on 10/23/10, stating that Amanda

was not to stay at the child’s residence. 678.

For six days, Dennis Lagares Jr did not know where N.L. was. Approximately 112

14

days later, on 2/9/11, Amanda filed for temporary custody, supervised visitation and child ,

15

but the motion was continually reset, Amanda disagreed with any attempts to negotiate physical

16

custody resulting in only minimal visitations between Dennis Lagares Jr and N.L..

17 18

679.

As an actual and foreseeable result, Plaintiffs have been deprived of rights,

privileges and immunities, damaged and injured in an amount according to proof at trial.

19

COUNT 5

20

Kidnapping

21

RSMo 565.153

22

Against Defendants and Each of Them 132

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 132 of 212

680.

1

This is a claim for kidnapping under RSMo 565.153 against Defendants and each

2

of them based upon their activities alleged above. This Count is actionable as a predicate crime

3

under 18 U.S.C. § 1961(1)(A) as “any act or threat involving murder, kidnapping, … robbery,

4

bribery, extortion … which is chargeable under State law and punishable by imprisonment for

5

more than one year.”

6

681.

All prior paragraphs are re-alleged and incorporated as if set forth in full.

7

682.

Absent a court order and without good cause, Amanda Rollins, with assistance from

8

Barb Vantine, Lebanon R-III school, tammy Lupardus, and Shiela Moore, kidnapped K.L. and N.L.

9

during Dennis Lagares Jr’ custody time. 9-21-2012 until October 9th 2013. September 20th 2013

10

illegal court order no hearing on facts of case. Illegal court orders October 9th 2013, October 31,

11

2013.

12

683.

At the time, Dennis Lagares Jr had rightful custody.

13

684.

Defendants detained K.L. and N.L. more than 120 days.

14

685.

As an actual and foreseeable result, Plaintiffs have been deprived of rights,

15

privileges and immunities, damaged and injured in an amount according to proof at trial.

16

COUNT 6

17

Kidnapping

18

RSMo 565.115

19

Against Defendants and Each of Them

20

686.

This is a claim for kidnapping under RSMo 565.115 against Defendants and each

21

of them based upon their activities alleged above and incorporated herein by reference. This Count

22

is actionable as a predicate crime under 18 U.S.C. § 1961(1)(A) as “any act or threat involving … 133

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 133 of 212

1

kidnapping, … robbery, bribery, extortion … which is chargeable under State law and punishable

2

by imprisonment for more than one year.”

3

687.

All prior paragraphs are re-alleged and incorporated as if set forth in full.

4

688.

Patrick Colgan was Amanda Rollins’ boyfriend during the time period of this claim.

5

689.

DSS employees took custody of K.L. and N.L. during supervised visits, Amy

6

Killion, Justina Robinson, Amy Degraw, Crystal Deckard, Cami Ruble.

7

690.

None of these entities are a relative of K.L. and N.L.

8

691.

On __________ Patrick Colgan removed K.L. from school without Dennis Lagares

9

Jr’ consent.

10

692.

11 12

On ______________ Jude Koeppen caused and allowed the removal of K.L. and

N. L. from Dennis Lagares Jr’ home without Dennis Lagares Jr’ consent or hearing. 693.

On _________, Judge Ralph Jaynes caused and allowed the removal of K.L. and

13

N.L. from Dennis Lagares Jr’ home without Dennis Lagares Jr’ consent or hearing. Judge Jaynes

14

confined the children to Laclede County Jail without probable cause or the consent of Dennis

15

Lagares Jr, K.L., or N.L.

16

694.

On _________ DSS removed KL and NL from Dennis Custody and control without

17

his consent or hearing. DSS-CD confined children to DSS-CD Laclede County offices from an

18

estimated one hour per week from 11-04-13 until 12-22-2014.

19 20

695.

As an actual and foreseeable result, Plaintiffs have been deprived of rights,

privileges and immunities, damaged and injured in an amount according to proof at trial.

21

COUNT 7

22

Kidnapping

134

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 134 of 212

1

RSMo 565.156

2

Against Defendants and Each of Them

3

696.

This is a claim for kidnapping under RSMo 565.153 against Defendants and each

4

of them based upon their activities alleged above. This Count is actionable as a predicate crime

5

under 18 U.S.C. § 1961(1)(A) as “any act or threat involving murder, kidnapping, … robbery,

6

bribery, extortion … which is chargeable under State law and punishable by imprisonment for

7

more than one year.”

8

697.

All prior paragraphs are re-alleged and incorporated as if set forth in full.

9

698.

At a time when Dennis Lagares Jr had legal custody of K.L. and N.L., Lebanon R-

10

III school detained K.L. and N.L. from Dennis Lagares Jr and abducted them to give to Amanda

11

Rollins without probable cause.

12

699.

DSS-CD Amy Killion recommended removal of children from Dennis Lagares Jr

13

in several emails to Judge Koeppen October 2013, without notice, hearing, or due process to

14

Dennis Lagares Jr.

15

700.

Judge Koeppen, detained K.L. and N.L. at DSS-CD Laclede County.

16

701.

Judge Jaynes detained K.L. and N.L. at DSS-CD and Laclede county Sheriff office

17 18

Jail house. 702.

Without authority, Sanda Doren and Amy Killion enticed K.L. and N.L. to remain

19

with Shawn Colgan and Amanda Rollins, thereby depriving Dennis Lagares Jr of custody of his

20

children while he was entitled to such custody without good cause.

21

703.

Defendants acted with the intent to deprive Dennis Lagares Jr of his custody rights.

135

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 135 of 212

1 2

704.

As an actual and foreseeable result, Plaintiffs have been deprived of rights,

privileges and immunities, damaged and injured in an amount according to proof at trial.

3

COUNT 8

4

Felony Child Abuse

5

RSMo 568.060

6

Against Defendants and Each of Them

7

705.

This is a claim for felony child abuse under RSMo 568.060 against Defendants and

8

each of them based upon their activities alleged above. This Count is actionable as a predicate

9

crime under 18 U.S.C. § 1961(1)(A) as “any act or threat involving … kidnapping, … robbery,

10

bribery, extortion … which is chargeable under State law and punishable by imprisonment for

11

more than one year.”

12

706.

All prior paragraphs are re-alleged and incorporated as if set forth in full.

13

707.

K.L. is under the age of 18 years.

14

708.

At the time N.L. was born in 2007, Amanda Rollins posted on Facebook that she

15 16 17 18

hated children. 709.

When K.L. was 4, in October of 2010, Amanda Rollins hit K.L. with a baseball bat,

causing him serious physical and mental injury. 710.

Specially, K.L. suffered physical injury to his leg, as well as mental injury as a

19

result of the neglect and abuse treatment. Examination and x-rays revealed a bone contusion and

20

sclerosis of the femur, indicating scar tissue from previous injury, as well.

21 22

711.

In May 2011, Dr. Schlesing reported that Kyle exhibited unusual anger toward his

mother, and the relationship trust has been fractured. He opined that there may have been harsh, 136

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 136 of 212

1

punitive parenting and the attachment with his sister is stronger than an attachment to his mother;

2

yet K.L. blamed himself for his mother’s anger towards him.

3

712.

Dr. Schlesing recommended a bonding assessment as to K.L. and Amanda Rollins.

4

713.

In February of 2011, his teacher and the of his school found that K.L.

5

experienced negative moods, aggressiveness, and depression following the infrequent visits with

6

his mother.

7 8 9

714.

Amanda Rollins continually allowed K.L. to be around Patrick Colgen, in their

home, where K.L. suffered physical and mental injury from one or both of them. 715.

On November 17, 2012, Ms. Pulley, Kyle’s therapist for Occupational Therapy

10

noted that, according to Kyle, Patrick smacked him while he was being made to do pushups for

11

being mean.

12

716.

In 2013, Dr. Schlesing reported that K.L. was depressed, anxious, and fearful of

13

bodily harm, with anxiety over parental figures he perceives as punitive, but doesn’t want to talk

14

about it because he doesn’t live with them anymore. He shows no attachment to his mother. Dr.

15

Schlesing also recommended, visitations with his mother should be supervised until parenting

16

practices are determined and what Patrick Colgan’s role is.

17 18

717.

As an actual and foreseeable result, Plaintiffs have been deprived of rights,

privileges and immunities, damaged and injured in an amount according to proof at trial.

19

COUNT 9

20

Felony Child Abuse

21

RSMo 568.060

22

Against Defendants and Each of Them 137

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 137 of 212

718.

1

This is a claim for felony child abuse under RSMo 568.060 against Defendants and

2

each of them based upon their activities alleged above. This Count is actionable as a predicate

3

crime under 18 U.S.C. § 1961(1)(A) as “any act or threat involving murder, kidnapping, …

4

robbery, bribery, extortion … which is chargeable under State law and punishable by

5

imprisonment for more than one year.”

6

719.

All prior paragraphs are re-alleged and incorporated as if set forth in full.

7

720.

N.L. is under the age of 18 years.

8

721.

Nicole reported that Amanda Rollins and Patrick Colgan, and their friends took

9

photographs of Nicole, which made her angry because they kept making her changes into different

10

nightgown and pajamas for the pictures, then Mommy told her she didn’t have to wear them.

11

Amanda Rollins told Killion that Dennis Lagares Jr reported to the FBI that they (A&P and friends)

12

took pictures of Nicole in her nightgown and nude. 722.

13

N.L. was angry about having to change clothes, put on different pajamas to take

14

pictures. Amanda Rollins and Patrick Colgan allowed their friends to come over and take pictures

15

of N.L.

16

723.

N.L.’s underwent a psychological evaluation by Dr. Schlesing on about July 2,

17

2013. He determined that sexual abuse cannot be ruled out. Dr. Schlesing diagnosed N.L. as

18

depressed, anxious, anger, and fearful, which are prone to manifest in symptoms of bodily aches

19

and pains. He found N.L may be experiencing dissociation, post traumatic stress disorder, and

20

could not rule out sexual abuse, an harsh and punitive parenting practices.

21

724.

Dr. Schlesing’s recommendations were that if visits with the Mother, then they

22

should be supervised until parenting practices are determined and role of Patrick Colgan

23

determined. 138

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 138 of 212

1 2 3 4 5 6

725.

Dr. Schlesing determined that if dissociation is found, then the discomfort has been

occurring for a long duration of time. 726.

N.L. experienced serious physical and emotional injury and injury resulting from

sexual abuse. 727.

As an actual and foreseeable result, Plaintiffs have been deprived of rights,

privileges and immunities, damaged and injured in an amount according to proof at trial.

7

COUNT 10

8

Felony Medical Neglect

9

RSMo 568.060

10

Against Defendants and Each of Them

11

728.

This is a claim for felony medical neglect under RSMo 568.060 against Defendants

12

and each of them based upon their activities alleged above. This Count is actionable as a predicate

13

crime under 18 U.S.C. § 1961(1)(A) as “any act or threat involving murder, kidnapping, …

14

robbery, bribery, extortion … which is chargeable under State law and punishable by

15

imprisonment for more than one year.”

16

729.

All prior paragraphs are re-alleged and incorporated as if set forth in full.

17

730.

N.L. is under the age of 18 years.

18

731.

Amanda Rollins discontinued oxybutynin prescribed by primary physician.

19

Amanda continually allowed antibiotics to be prescribed by ER or Urgent care providers and then

20

dispensed those meds to Nicole against treating physician’s orders. See 8/28/12 Medical Hotline

21

call reporting Amanda’s medical neglect.

139

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 139 of 212

732.

1

7/13/2012, Dr. Campbell’s Physician Notes state that she issued a letter on 6/28/12

2

to be retained by both parents stating that Nicole should not be treated with antibiotics except in

3

very specific instances, and yet she has been presented with ER charts noting prescriptions for

4

antibiotics when Amanda took Nicole in presenting with possible UTIs. Dr. Campbell states that

5

she will discuss with the GAL. See “Nicole Med Records to Present.” 733.

6

Gina White, Nurse Practitioner of Urology Specialists, Women’s and Children’s

7

Hospital, University of MO Health Care, wrote a letter on 7/26/12 “To Whom It May Concern”

8

evaluated for recurrent urinary tract infections. Testing indicates voiding dysfunction and is being

9

treated with oral liquid oxybutynin 2.5 ml twice daily. It is recommended that she continue to take

10

this medication for several months to allow bladder muscle to relax. DMU Production, p. 560, et

11

seq.

12 13 14 15

734.

N.L.’s school refused to ister the medication to Nicole or to allow plaintiffs

to come to the school and ister the medication. 735.

As an actual and foreseeable result, Plaintiffs have been deprived of rights,

privileges and immunities, damaged and injured in an amount according to proof at trial.

16

COUNT 11

17

Attempted Murder

18

RSMo 564.011

19

Against Defendants and Each of Them

20

736.

This is a claim for attempted murder RSMo 564.011 against Defendants and each

21

of them based upon their activities alleged above. This Count is actionable as a predicate crime

22

under 18 U.S.C. § 1961(1)(A) as “any act or threat involving murder, kidnapping, … robbery, 140

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 140 of 212

1

bribery, extortion … which is chargeable under State law and punishable by imprisonment for

2

more than one year.”

3

737.

All prior paragraphs are re-alleged and incorporated as if set forth in full.

4

738.

On Several occasions December 2010- 2015, Defendant Patrick Cogan threatened

5 6 7 8 9 10 11

and attempted to kill Plaintiff Lagares. 739.

On sever occasions 2007- 2015, Defendant Amanda Rollins threatened to kill, or

have her boyfriends kill, Plaintiff Dennis Lagares Jr. 740.

In 2010 , Defendant Amanda Rollins Threatened to Kill of have her boyfriend or

Friends kill, Plantiff Sherry Lagares. 741.

As an actual and foreseeable result, Plaintiffs have been deprived of rights,

privileges and immunities, damaged and injured in an amount according to proof at trial.

12 13

COUNT 12

14

Deprivation of Civil Rights

15

42 U.S.C. 1983

16

Against All Defendants

17 18

742.

This is a claim by plaintiffs for against Defendants, and each of them, for

deprivation of rights under color of law.

19

743.

All prior paragraphs are re-alleged and incorporated as if set forth in full.

20

744.

Defendants, and each of them, by virtue of their formal designations as officers of

21

the governments with which they are , or by virtue of their participation in the conspiracies

22

with such actors alleged herein, are for all purposes actors under color of state law. 141

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 141 of 212

1 2 3 4

745.

Defendants, and each of them, acted to cause deprivation of Plaintiffs’ rights,

privileges and immunities relating to life, liberty and property, without due process of law. 746.

As an actual and foreseeable result, Plaintiffs have been deprived of rights,

privileges and immunities, damaged and injured in an amount according to proof at trial.

5 6

COUNT13

7

Conspiracy to Interfere with Civil Rights

8

42 U.S.C. 1985(2)

9

Against All Defendants

10 11

747.

This is a claim by plaintiffs for obstructing justice; intimidating party, witness, or

juror under 42 U.S.C. 1985(2) against all Defendants.

12

748.

All prior paragraphs are re-alleged and incorporated as if set forth in full.

13

749.

Defendants and each of them conspired as detailed above to deprive Plaintiffs of

14 15

their rights, privileges and immunities. 750.

Plaintiffs are of and/or advocates for each of the following three classes

16

subject to historic de facto and de jure invidious discrimination in violation of the 5th and 14th

17

Amendment rights to Equal Protection of the Laws (collectively “EQUAL PROTECTION

18

CLASSES”):

19

A. Parent-Child Class

142

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 142 of 212

1

751.

Parents and Children have been identified as a special class entitled to unique

2

fundamental parental constitutional rights, including special status under the rights to equal

3

protection of the laws. See Troxel v. Granville, 530 U. S. 57 (2000). B. Domestic Relations

4

5

752.

Similarly, state and federal authorities in Missouri have identified a special

6

“domestic relations” class as entitled to heightened protection under the Equal Protection Clause.

7

The state of California has identified the “Domestic Relations Class.” See RSMo.

8

753.

Like marital status, the Domestic Relations Class is defined by a “relational”

9

characteristic: persons in a current or former identified relationship, but only to interaction between

10

others in the same Class. For example, a husband and wife are within the Domestic Relations Class

11

with respect to one another, but not the rest of the world.

12 13 14

754.

The Domestic Relations Class is also entitled to special protection because of a

lengthy history of invidious discrimination against its . 755.

Discrimination against the Domestic Relations Class is invidious social, economic,

15

and legal discrimination similar to racial, ethnic, gender, or legitimacy. In addition to the

16

inevitable and debilitating economic, social, and psychological impact of divorce, unattached

17

families, children, and parents within the Domestic Relations Class are the historical targets of

18

ridicule, prejudice, and scorn amounting to invidious discrimination. Domestic Relations Class

19

are stamped with stereotypes as “broken family,” “latch-key kids”, “damaged goods,”

20

“gold diggers”, “divorcees”, “sugar daddies”, “first wives”, “wife beater”, “histrionics”, “single

21

moms”, “broken homers,” etc.

22

C. Gender

143

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 143 of 212

1

756.

Plaintiff Dennis Lagares Jr is a male within the recognized equal protection class

2

of gender. The invidious discrimination against males by Defendants has been described in detail

3

in a publication by Dr. Stephen Baskerville entitled Taken Into Custody, The War Against Fathers,

4

Marriage, and the Family, Cleveland House Publishing, Inc., 2007 and in Exhibit 1 hereto. The

5

publication is available at ISBN-10: 1581825943, ISBN-13: 978-1581825947, referenced and

6

incorporated herein as if set forth in full as Exhibit 13. D. Disability

7

8 9 10

757.

As alleged above, Plaintiff Dennis Lagares Jr is disabled as are K.L. and N.L.

Dennis Lagares Jr and Sherrry Lagares are advocates for disabled persons. 758.

Disability is a well-recognized prohibited classification subject to heightened

11

scrutiny. See, e.g., Tennessee v. Lane, 541 U. S. 509 (2004).

12

E. Class of One

13 14 15

759.

Plaintiffs’ family, and each of them, comprise a class of one for purposes of

themselves and on behalf of each other member of each other equal protection class. 760.

No Defendant acting under color of law may legally act with discretion in the

16

absence of jurisdiction established by the Constitution of the State of Missouri, United States

17

Constitution, statutes, laws, contract, or regulation.

18

761.

Plaintiffs’ hip in and advocacy for the EQUAL PROTECTION CLASSES

19

was known to and targeted by Defendants since Dennis Lagares Jr’ victory on behalf of himself

20

and each equal protection class.

144

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 144 of 212

1

762.

In 2013, N.L. reported that Amy Killion brought her friend Sandy (or vice versa)

2

in and they are making N.L. lie in connection with the following proceedings in state court:

3

_______.

4 5 6 7

763.

Defendants undertook each of the acts ascribed to them with the intent to deprive

Plaintiffs, and each of them, of equal protections, privileges, and immunities. 764.

In performing the acts alleged above, each Defendant conspired: a.

To deter Plaintiffs, from attending or testifying freely, fully, and truthfully as a

8

party or witness in Plaintiffs’ custody trial, or from testifying to any matter,

9

freely, fully, and truthfully;

10

b.

to injure Plaintiffs, in their person or property on of having participated

11

in the Lagares v. Camdentown litigation, on or testified in conjunction with the

12

litigation;

13

c.

in connection with the custody litigation;

14 15

to influence, the verdict, presentment, or indictment of any grand or petit juror

d.

committed each act alleged against them for the purpose of impeding, hindering,

16

obstructing, or defeating, the Plaintiffs’ custody trial, reform, and advocacy with

17

intent to deny to Plaintiffs as and advocates for the EQUAL

18

PROTECITON CLASSES the equal protection of the laws and to;

19

e.

by each act alleged, to injure Plaintiffs and each of them in their property for

20

lawfully enforcing, or attempting to enforce, the rights of Plaintiffs, and each of

21

them, as of each EQUAL PROTECTION CLASS, to the equal

22

protection of the laws.

145

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 145 of 212

1 2

765.

As an actual and foreseeable result, Plaintiffs have been deprived of rights,

privileges and immunities, damaged and injured in an amount according to proof at trial.

3

COUNT 14

4

Conspiracy to Interfere with Civil Rights

5

42 U.S.C. 1985(3)(a)

6

Against all EQUAL PROTECTION CONSPIRACY DEFENDANTS

7 8

766.

This is a count for depriving persons of rights or privileges under 42 U.S.C.

1985(3)(a) against Defendants and each of them.

9

767.

All prior paragraphs are re-alleged and incorporated as if set forth in full.

10

768.

In committing the acts alleged against them in each of Counts above, Defendants

11

acted in conspiracy for the purpose of depriving Plaintiffs individually as of and

12

advocates for the EQUAL PROTECTION CLASSES, of the equal protection of the laws and equal

13

privileges and immunities under the laws, and retaliating for exercise thereof.

14 15

769.

As an actual and foreseeable result, Plaintiffs have been deprived of rights,

privileges and immunities, damaged and injured in an amount according to proof at trial.

16

COUNT 15

17

Conspiracy to Interfere with Civil Rights

18

42 U.S.C. 1985(3)(b)

19 20 21

770.

This is a count for conspiracy to deprive persons of civil rights under 42 U.S.C.

1985(3)(b) against Defendants and each of them 771.

All prior paragraphs are re-alleged and incorporated as if set forth in full. 146

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 146 of 212

1

772.

In committing each act alleged, Defendants, and each of them, conspired to cause

2

Plaintiffs injury for the purpose of preventing or hindering Plaintiffs from pursuing enforcement

3

of state and federal and laws and from giving or securing to all persons within the state of Missouri,

4

including the EQUAL PROTECTION CLASSES and Plaintiffs individually as of and

5

advocates for the EQUAL PROTECTION CLASSES, equal protection of the law.

6 7 8 9

773.

As an actual and foreseeable result, Plaintiffs have deprived of rights, privileges

and immunities as set forth above. 774.

As an actual and foreseeable result, Plaintiffs have been deprived of rights,

privileges and immunities, damaged and injured in an amount according to proof at trial.

10 11

COUNT 16

12

Conspiracy to Interfere with Civil Rights

13

42 U.S.C. 1985(3)(c)

14 15 16

775.

This is a count for Conspiracy to Interfere with Civil Rights under 42 U.S.C.

1985(3)(c) against Defendants and each of them. 776.

In committing each act alleged, Defendants, and each of them, conspired to prevent

17

by force, intimidation, or threat, Plaintiffs’ activities as or on behalf of each EQUAL

18

PROTECTION CLASS, in a legal manner, and to injure Plaintiffs in person and property on

19

thereof.

20

777.

Plaintiffs’ activities included and advocacy toward and in favor of federal

21

processes and institutions, including the election of lawfully qualified persons as electors for

22

President or Vice President, or as a Member of Congress of the United States. 147

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 147 of 212

1 2 3 4

778.

As an actual and foreseeable result, Plaintiffs have deprived of rights, privileges

and immunities as set forth in detail above. 779.

As an actual and foreseeable result, Plaintiffs have been deprived of rights,

privileges and immunities, damaged and injured in an amount according to proof at trial.

5

COUNT 17

6 7

8

Failure to Prevent or Aid in Preventing Deprivation of

9

Constitutional Rights

10

42 U.S.C. § 1986

11

Against EQUAL PROTECTION CONSPIRACY DEFENDANTS

12 13 14

780.

This is a Count for Failure to Prevent or Aid in Preventing Deprivation of

Constitutional Rights under 42 U.S.C. § 1986 against Defendants and each of them. 781.

On information and belief, Defendants to this Count had knowledge of all relevant

15

facts alleged in this Complaint, including that the acts conspired to be done and committed as

16

alleged above were about to be committed.

17

782.

Defendants to this Count, and each of them, by virtue of their relationships with

18

each other defendant, their authority under law, and professional and fiduciary duties, had power

19

to prevent or aid in preventing the commission of the same.

20 21

783.

Defendants to this Count, and each of them, neglected or refused to exercise their

powers to prevent or aid in preventing the commission of the same. 148

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 148 of 212

1

784.

The acts as alleged herein were in fact committed as alleged.

2

785.

As an actual and foreseeable result, Plaintiffs have been deprived, damaged, or

3

injured in a nature and amount to be proven at trial.

4 5

WHEREFORE Plaintiffs pray for judgment as follows:

6

1. An award of compensatory, punitive, exemplary, and enhanced damages and interest

7

thereon according to proof at trial;

8

2. An award of reasonable costs and expenses incurred in this action, including counsel

9

fees and expert fees as allowable under the Title 18 and 42 sections asserted;

10

3. Declaratory, Injunctive, and Prospective Relief as requested including injunctive

11

remedies provided under 42 U.S.C. §§ 1983, 1985, 1986, 1988; and 18 U.S.C. §§ 1964 (a),

12

(c), and (d); 28 USC 2201-2202; and related federal statutes;

13

4. An immediate writ of HABEAS CORPUS, ATTACHED TO THIS PETITION returning

14

K.L. and N.L. to Plaintiff Dennis Lagares Jr.

15

5. An IMMEDIATE WRIT OF PROHIBITION INJUNCTION against Judge Ralph Jaynes

16

and the 26Th Judicial Circuit to stay court proceedings and prohibit enforcement of all

17

temporary orders and all orders in all cases in Camden County Circuit Court with Dennis

18

Lagares Jr as petitioner or respondent, pending outcome of the federal case pending herein.

19

To prohibit retaliatory discriminatory acts toward Petitioners and Petitioners Family.

20

6. An order appointing, Sherry Lagares and Dennis Lagares Jr as Special U.S. Attorney

21

General, for a full criminal investigation/prosecution of the complaint/claims herein

22

against all wrongdoers, pursuant to the U.S. Constitution; 149

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 149 of 212

1

7. An order placing plaintiff’s and plaintiff’s family into protective custody under the

2

whistleblower act of 1989 to ensure the safety of plaintiff’s and plaintiff’s family pending

3

the outcome of this federal case pending herein.

4

8. An immediate preliminary injunction, to protect K.L. and N.L.’s lives, and receive

5

immediate appropriate medical and psychological care, and removal of the temporary

6

orders in place by, Judge Aaron Koeppen, and place K.L. and N.L. in the immediate sole

7

physical and legal custody of father Dennis Lagares Jr;

8

9. Such other and further relief as the Court may deem just and proper.

9

10

11

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33

JURY TRIAL DEMAND Plaintiffs hereby demand a trial by jury.

_s/___ Dennis Lagares Jr Dennis Lagares Jr this 28th day of October, 2015 _s/___ Sherry Lagares ___ Sherry Lagares this 28th day of October, 2015 Attachments to this complaint document Writ of Habeas Corpus Due process filings State of Missouri Office of Child Advocate For Children Protection and Services Annual Report, National Center for State Courts report Modified Second Temporary custody Order dated December 22, 2014. Temporary order dated, September 3, 2013. 150

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 150 of 212

1 2 3 4 5 6 7

Temporary order on casenet dated October 9, 2013 Temporary order dated November 12, 2013 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true copy of the foregoing was filed electronically filed through the CM/ECF on this 28th day of October, 2015. s/ Dennis Lagares, Jr. Dennis Lagares Jr, 401 Rosental Lebanon, MO. 65536, 573-434-1725 [email protected]

8 9 10 11 12 13

151

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 151 of 212

A IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 152 of 212

A IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 153 of 212

A IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 154 of 212

A IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 155 of 212

A IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 156 of 212

A IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 157 of 212

A IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 158 of 212

A IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 159 of 212

A IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 160 of 212

A IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 161 of 212

A IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 162 of 212

A IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 163 of 212

A IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 164 of 212

A IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 165 of 212

A IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 166 of 212

A IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 167 of 212

A IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 168 of 212

A IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 169 of 212

A IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 170 of 212

A IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 171 of 212

A IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 172 of 212

A IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 173 of 212

A IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 174 of 212

A IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 175 of 212

A IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 176 of 212

A IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 177 of 212

A IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 178 of 212

A IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 179 of 212

A IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 180 of 212

A IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 181 of 212

A IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 182 of 212

A IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 183 of 212

A IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 184 of 212

A IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 185 of 212

A IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 186 of 212

B IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 187 of 212

B IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 188 of 212

B IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 189 of 212

B IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 190 of 212

B IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 191 of 212

B IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 192 of 212

B IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 193 of 212

B IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 194 of 212

B IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 195 of 212

B IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 196 of 212

B IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 197 of 212

B IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 198 of 212

B IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 199 of 212

B IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 200 of 212

B IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 201 of 212

C IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 202 of 212

C IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 203 of 212

D IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 204 of 212

D IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 205 of 212

D IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 206 of 212

E IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 207 of 212

E IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 208 of 212

F IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 209 of 212

F IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 210 of 212

F IT H IB EX Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 211 of 212

Case 6:15-cv-03170-BP Document 216 Filed 10/28/15 Page 212 of 212