COMPLAINT FOR VIOLATION OF CIVIL RIGHTS

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(Write the full name of each plaintiff who is filing this complaint. If the names of all the plaintiffs cannot fit in the space above, please write “see attached” in the space and attach an additional page with the full list of names.)

-v-

FISHBACK; JOHN GUY; RHASHA

NEWKIRK; IRIS NEWKIRK; JESSICA JORDAN, ERIC

JORDAN; JAMES MCGARY: DOES 1-X;

(Write the full name of each defendant who is being sued.  If the names of all the defendants cannot fit in the space above, please write “see attached” in the space and attach an additional page with the full list of names.  Do not include addresses here.)

Federal Rules of Civil Procedure 5.2 addresses the privacy and security concerns resulting from public access to electronic court files.  Under this rule, papers filed with the court should not contain: an individual’s full social security number or full birth date; the full name of a person known to be a minor; or a complete financial account number.  A filing may include only: the last four digits of a social security number; the year of an individual’s birth; a minor’s initials; and the last four digits of a financial account number.

Except as noted in this form, plaintiff need not send exhibits, affidavits, grievance or witness statements, or any other materials to the Clerk’s Office with this complaint.

In order for your complaint to be filed, it must be accompanied by the filing fee or an application to proceed in forma pauperis.

            A.        The Plaintiff(s)

needed.

B.         The Defendant(s)

Provide the information below for each defendant named in the complaint, whether the defendant is an

individual, a government agency, an organization, or a corporation.  For an individual defendant,

include the person’s job or title (if known) and check whether you are bringing this complaint against

them in their individual capacity or official capacity, or both.  Attach additional pages if needed.

II.        Basis for Jurisdiction

Under 42 U.S.C. § 1983, you may sue state or local officials for the “deprivation of any rights, privileges, or

immunities secured by the Constitution and [federal laws].”  Under Bivens v. Six Unknown Named Agents of

            Federal Bureau of Narcotics, 403 U.S. 388 (1971), you may sue federal officials for the violation of certain

constitutional rights.

A.        Are you bringing suit against (check all that apply):

B.         Section 1983 allows claims alleging the “deprivation of any rights, privileges, or immunities secured by

the Constitution and [federal laws].”  42 U.S.C. § 1983.  If you are suing under section 1983, what

federal constitutional or statutory right(s) do you claim is/are being violated by state or local officials?

U.S.C. Amendments 1, 4, 5, 7 &; 14.

U.S.C. Supremacy Clause

Article 6, Clause 2

Equal Protections Clause

Deprivation of Substantive &; Procedural Due Process

Deprivation of Fundamental Parental Liberties protected by the 1st and 14th amendment without

meeting strict scrutiny standard

18 U.S.C. 241 & 242“constitutional torts, Color of law,

C.         Plaintiffs suing under Bivens may only recover for the violation of certain constitutional rights.  If you

are suing under Bivens, what constitutional right(s) do you claim is/are being violated by federal

officials?

D.        Section 1983 allows defendants to be found liable only when they have acted “under color of any

statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia.”

42 U.S.C. § 1983.  If you are suing under section 1983, explain how each defendant acted under color

of state or local law.  If you are suing under Bivens, explain how each defendant acted under color of

federal law.  Attach additional pages if needed.

III.     Statement of Claim

State as briefly as possible the facts of your case.  Describe how each defendant was personally involved in the

alleged wrongful action, along with the dates and locations of all relevant events.  You may wish to include

further details such as the names of other persons involved in the events giving rise to your claims.  Do not cite

any cases or statutes.  If more than one claim is asserted, number each claim and write a short and plain

statement of each claim in a separate paragraph.  Attach additional pages if needed.

A.          Where did the events giving rise to your claim(s) occur?

At the Duval county court house Located at 501 west adams street jacksonville, Fl  32202

Fifth District court  Located at 300 S Beach St, Daytona Beach Fl 32114  .

B.          What date and approximate time did the events giving rise to your claim(s) occur?

9/21/2021 case was ameneded and notice sent to myself about the case, I was listed as deceased

From 9/21/2021 until 8/02/2022 I filed many motions and child pickup orders which were never heard or dismissed. No court reporters were ever present in the chambers OF JUDGE GUY ROOM 742, even though I ask. Letter from attoney gerneral and copyied to DEPARTMENT OF CHILDREN wanted to know why a case was opened after there investagion which was filed with court before temporary order was granted because “ im on disability, with no car”. Not because of neglect. Abandonment or being unable to provide which The Due Process Clause of the Fourteenth Amendment was violated.

C.          What are the facts underlying your claim(s)?  (For example:  What happened to you?  Who did what?

                        Was anyone else involved?  Who else saw what happened?)

Robert Fishback

The above-mentioned Defendant acting as Attorney for Iris Newkirk and Rhahsha Newkirk (the Defendants herein) filed a case in Duval County on 8/21/2021 where he alleged that I was the minor’s mother but I was deceased.

•           He did not file a State Interfered or Investigated Claims and Proof with the Court as proof of the said allegation.

•           The Defendant amended the Court Order to read that I am the minor’s mother and I was deceased on 9/21/2021 and that he asked for Rhahsha Newkirk to have custody of the minor while going through an eviction.

•           The Defendant based the case on perjury statements and fabrication of evidence as the Defendant did not adduce any evidence in Court to prove any of the allegations made in the court papers specifically the allegation on why I as the minor’s mother was being kept away from the minor without state interference.

•           The forced separation of I and the minor that was occasioned by the Defendant is a serious infringement of both I and the minor. There was no proof of any extraordinary circumstances that warranted deprivation of interaction with the minor and my right to familial association and privacy were thus infringed upon without adequate pre-deprivation procedures being followed.

My claim against the Defendant herein is merited as he failed to follow due process as is required by law which resulted in the disruption of I and the minor’s parent-child relationship. The action occurred “Under Color of State Law” and it resulted in the deprivation of a constitutional right or federal statutory right.

Iris Newkirk

The Defendant filed a case on 4/30/2021 without any evidence and relied on hearsay and was motivated with financial reasons as she found out that I was on Disability Funds Program after I was involved in an auto accident and wanted control over my Social Security Funds.

•           She gained control over the said funds after committing me in a hospital without my consent and reason on file states as follows “Mom Said I Needed to Be Seen.”

•           During my admission in hospital, no bills were paid for me or the minor and both I and the minor were removed from our home since 2015 and our bills went to collections. I provided evidence to prove the same but the same was ignored.

Rhasha Newkirk

This Defendant helped Iris Newkirk make false allegations in the case for financial reasons as she wanted access to my social security money since she was being evicted from her apartment on Mayport Road.

•           The Complex she was living in filed Court Order which she avoided by not answering the door for her to be served and her vehicle was repossessed from CarMax.

•           She made YouTube videos and used other social media platforms to humiliate and slander me. From the said videos and social media content, it is evident that the Defendant had taken my furniture without consent when I was hospitalized and proof of the same was provided to Judge Guy.

•           The Defendant repeatedly alleged that I had committed fraud due to my being on social security and had evictions and lost my vehicle due to lack of payment which was all proven and documented in Court to be false (please see docket in court case).

Jessica Jordan

This Defendant helped in hiding the minor. She did not want me to take the minor to the doctor after her and her husband, Eric Jordan, they had visited me in hospital after my auto accident.

•           The Defendant further made false statements including that I was not able to provide food and electricity for the minor. She hid the minor from me and prevented me from performing my parental duties and rights.

•           She prevented me from seeing the minor at the hospital whenever I felt that something was wrong or there was a change in the minor’s behavior after a visit from any family member which was my right as a parent.

•           All the allegations brought forth against me by this Defendant were proven to be false and the same were docketed in the case file.

Eric Jordan

This Defendant works for the State of Florida and made a post on Instagram and other social media platforms alleging that I did was not able to access electricity or water and disclosed other information relating to my disability. Such disclosure was contrary to HIPPA Rights.

•           The Defendant used my medical information that he had access to by virtue of him working for the State of Florida on his social media posts and to friends and family which was breach of my privacy rights.

Judge guy

The Honourable Judge allowed a case based on hearsay evidence and fabrication of evidence as the original filing listed me as deceased.

•           When Robert Fishback amended the court papers on two occasions, the 8/2021 and 9/21/2021, to the Judge overlooked the aid amendments and declared them to be typos and instead focused on my disability which he had no jurisdiction over and was not relevant to the case.

•           I inquired as to why I was never served with the summons until 10/2022 yet the case was filed on 4/30/2021 to which I never got a comprehensive response.

•           As at now, I have filed over twenty (20) motion requests which have all been denied and I was further told that until I get a car and secure a job, I am considered unfit which is an infringement of my constitutional rights and as a fit parent who has not been proven to be unfit.

•           According to the docket, custody was mentioned but there is no proof that custody was given to Iris Newkirk or any other family member. I requested Iris Newkirk and Rhahsha Newkirk for proof that the former was true but never received any. That was the first false statement and perjury statement filed and the same was overlooked by the Judge as I have been the only one with custody of the minor evidence of which is filed in court when I was granted child support in 2012 in Duval County (See attached);

•           I told the Judge that I had worked before including with the Ticket To Work Program Since 2012 and had jobs through the program at The Jacksonville Navy Base. Despite me telling the Judge that I had just had an accident and was still undergoing treatment and that my car was totaled during the accident, the Judge found me to be an unfit parent.

•           No Department of Children or any investigation on the allegations brought against by my family or documentary evidence provided to prove their allegations. The Judge declared me unfit to be a parent solely because of the lack of social security and vehicle which is in violation of The Equal Protection Clause of The Fourteenth Amendment.

•           In light of the above, it is evident that the Judge did not act within the limitations of his judicial authority.

•           Letters from doctors and the minor’s school were presented in decline of the minor’s mental health and performance but I was still denied a chance to exercise my parental rights and duties over the minor and the focus was on my disability which is discrimination that I am an unfit parent on the basis of my disability.

•           Willfully depriving someone of a right or privilege protected by the US constitution or laws is illegal.  The Judge kept mentioning that I am on Medicaid and I have been having problems getting insurance and state benefits since this case started.

James McGary

This Defendant is the minor’s biological father and helped in filing of fabricated case for removal of his child support and arrears.

•           He relied on the fact that I am disabled to have me declared incapacitated and filed to be removed from providing child support and paying previous arrears but never appeared in any court hearings before this court.

•           The Defendant was at one point in arrears of $35,000 and could not be traced for service or court appearance but was present for a case that alleged that I was deceased. The Defendant was found to be in default of court orders twice but was never held accountable.

•           The Judge removed the Defendant off child support on January 3, 2023, as the case was to the appeal and The Appeals Court removed the case from Duval and sent to Dayton Volusia County.

•           Per Jn, Jayvon McGary was paying Rhahsha Newkirk and JN $500 when he filed taxes when he was removed from paying child support because they filed that I was dead, incapacitated and unfit.

•           Judge Guy removed the Defendant from paying child support and arrears so that he only owed $13,000. The Defendant has never played an active role in the minor’s life.

1-100 DOES

Discriminatory arrests, police brutality, and use of excessive force are all examples of civil rights violations committed by these Defendants.

•           I received threats of backer acting me without reason or case.  The conduct complained of in my complaint was committed by all the Defendants acting under the color of state law which conduct infringed my constitutional rights.

•           Defendant’s conduct is shown to be motivated by evil motive or intent as it involves reckless and callous indifference shown towards my federally protected rights. I intend to adduce evidence disregarded during the case to prove the same.

IV.      Injuries

If you sustained injuries related to the events alleged above, describe your injuries and state what medical

treatment, if any, you required and did or did not receive.

aforementioned actions constitute a pattern of illegal conduct that remained ongoing until present day.

Defendants’ actions as described above were done with malice and with the intent to cause, or the knowledge

that it would cause, severe emotional and mental distress to Plaintiffs. The action and conduct of Defendants,

was disparate and discriminatory. Plaintiff was singled out and made out to be a target for all above named

Defendants, who have collectively worked together to defame and violate the rights of Plaintiff, defame the

character of Plaintiff and worked together to aid in the corruption that has taken place in the family courts to

displace JD from her fit and loving mother and wrongfully placed into the custody of mentally unstable and

abusive family members with no reason, cause or jurisdiction.

As a direct result of the wrongful conduct of the Defendants and the life altering events that proximately

stemmed from their actions, Plaintiffs have suffered and continue to suffer from injuries including but not

limited to severe emotional and mental distress, physical manifestations of emotional distress, including post

traumatic stress; psychological injuries, shame and embarrassment, made medical issue worse as her medical insurance was effected and is making it difficult to get medican for hypertention and musle issue carla has from previous issues and new ones from her auto accident. jd has not been treated for her skin condtion which the estranged family had no knowlage of and now needs to be treated for mental issues and physical issues this has caused being alienated from her only caregiver since birth.

V.       Relief

State briefly what you want the court to do for you. Make no legal arguments. Do not cite any cases or statutes.

If requesting money damages, include the amounts of any actual damages and/or punitive damages claimed for

the acts alleged.  Explain the basis for these claims.

Plaintiff Carla Newkirk suffers and continues to suffer from Clinically diagnosed Depression, Anxiety

and PTSD caused from the actions of Defendants. Due to the tremendous mental, emotional, Spiritual and

financial burden of this unjust and undue court case against Plaintiff, Plaintiff Carla Newkirk has been.

prevented from completing her master’s degree. Plaintiff Carla Newkirk’s reputation has been severely harmed.

in the community due to the false allegations and the loss of temporary custody of her child without being proven unfit.

Plaintiff’s daughter JD suffers and continues to suffer severe mental and emotional distress, both.

acknowledged and confirmed on the record by Defendant GUY, as a proximate result of Defendant’s actions.

JD has shown continual physical manifestations of emotional distress, including clinically diagnosed.

PTSD, Depression, Anxiety, severe weight loss, hair loss, changes in appetite and diet, extreme changes to JD’s

school grades, going from an A student to flunking school. JD is continually suffering from mental abuse and

neglect from her current care providers which shows in her grades and appearance. JD’s current care provider R. NEWKIRK has removed JD from all.

extracurricular activities and social activities that JD once thrived in. JD continues to suffer each day that she is.

wrongfully in the care of these mentality abusive family members..

VI.      Certification and Closing

Under Federal Rule of Civil Procedure 11, by signing below, I certify to the best of my knowledge, information,

and belief that this complaint: (1) is not being presented for an improper purpose, such as to harass, cause

unnecessary delay, or needlessly increase the cost of litigation; (2) is supported by existing law or by a

nonfrivolous argument for extending, modifying, or reversing existing law; (3) the factual contentions have

evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable

opportunity for further investigation or discovery; and (4) the complaint otherwise complies with the

requirements of Rule 11.

A.          For Parties Without an Attorney

I agree to provide the Clerk’s Office with any changes to my address where case-related papers may be

served.  I understand that my failure to keep a current address on file with the Clerk’s Office may result

in the dismissal of my case.

           B.          For Attorneys