CCJ: Civil Rights Operation Parenthood Sample Complaint

September 15, 2004

Federal Bureau of Investigation
Attn: Civil Rights Investigations
Colorado Federal Bldg.
821 17th Street
Denver, Colorado 80202-3040

RE: Complaint Regarding Civil Rights Violations in Colorado Court

To Whom It May Concern:

Please accept this letter as a formal Complaint regarding ongoing civil rights violations pursuant to federal statute, specifically 18 USC Sec. 242 and 42 USC Sec. 1983. The offenses consist of violations of fundamental civil rights as are embodied in Section 1 of the Fourteenth Amendment of the U.S. Constitution, specifically the rights to equal protection of the laws and to substantive due process in legal proceedings.

The particular case is a domestic relations proceeding in the Arapahoe County District Court, Colorado, involving myself, my two minor children and the mother of those children. The offenses committed by various judges of that court who at various times presided over the case commenced in April, 1996 with the imposition of what was known then as "supervised visitation" without the slightest legal justification — no facts adduced at the original hearing or after even remotely supported the notion that "supervision" of my time with my children was warranted in the interest of "safety" or for any other reason. The judge who imposed this illegal condition was Timothy Fasing, who is still on the bench there. Moreover, Judge Fasing refused to allow sufficient time to rebut allegations by a "star" expert witness which consisted of nothing more than perjury.

In subsequent proceedings, over which Judge Cheryl L. Post presided, that court systematically stripped me of all parental rights to my children and continued the so-called "supervision" for years despite well-reasoned and soundly supported motions to vacate this illegal order (based on foundational Colorado case law and the indisputable facts of the case) and perpetuated the barbarity of a de facto termination of parental rights without the absolutely requisite finding of fact in a proper and legal proceeding.

Former Judge Jack Smith, now retired, refused to hear a motion for modification of custody and parenting time at all &mdash despite the obvious fact that fundamental rights such as my liberty interest in family (enunciated by the U.S. Supreme Court in many decisions) had been grossly violated by previous judges of that court, and the fact that the Supreme Court has held that allegations of violation of fundamental rights MUST receive a full and fair hearing.

Finally, Judge Juanita Rice has refused to even entertain a thoroughly supported motion for modification of this de facto termination of parental rights — which was achieved by brute force of the state relying on provably perjured testimony, hearsay and manufactured statements by "experts" which are demonstrably false.

The net result of this brutal denial of due process of law and the failure of that court to uphold the inalienable right to equal protection of the laws is the effective termination of my relationship with my children, and their relationship with their father. Please take into account that I have exactly NO criminal record of any kind. There are NO facts in the record of this long and sordid case which could possibly justify the so-called "court" in perpetuating the termination of the fundamental right to be a parent to one's own children.

These violations of my rights are fully documented in the court record, as is my complete innocence of any wrongdoing which might have caused a forfeiture of my right to my children, and are available to the investigation of the criminal offenses of the aforementioned judges.

The de facto termination of parental rights — especially in a divorce court, not in a juvenile proceeding — through contemptuous disregard of the rights of equal protection and due process, is a violation of the most fundamental of civil rights of an American citizen. It is the mandate of the Federal Bureau of Investigation to investigate such civil rights violations and that of the Department of Justice's Civil Rights Division to prosecute such violations. I and many other aware citizens fully expect that you will do your job with the dedication that this ongoing and, in the courts of Colorado, irremediable civil rights violation deserves.

Sincerely,

Robert Muchnick

cc:	CRIMINAL SECTION U.S. Department of Justice Civil Rights Division 950 Pennsylvania Ave., NW Criminal Section, PHB Washington, DC 20530