No. 21-87

Jeffrey Angelo Campbell v. Sylvia Betta-Cole, et al.

Lower Court: Eighth Circuit
Docketed: 2021-07-22
Status: Denied
Type: Paid
Response Waived
Tags: 14th-amendment child-custody civil-rights due-process family-law federal-jurisdiction parental-rights section-1983 state-court-jurisdiction state-courts
Key Terms:
DueProcess
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether a parent has a right to visitation and a case plan when there is no proof of life-threatening issues

Question Presented (OCR Extract)

QUESTIONS PRESENTED A juvenile case began in 2013, followed by a Termination of Parental Rights trial in 2015. The case was presented to the Nebraska State Supreme Court of Appeals in 2015 and concluded in 2016. The errors in ruling of the Nebraska State and Family Court violated the father’s 14th Amendment rights as well as other rights with both extrinsic and intrinsic fraud. The father filed a 42 U.S. Code 1983 complaint in 2019 under the Nebraska District Court to try and regain his children back. In 2018, a social worker opened a case on the mother for the reasons unknown. During a counseling session, the mother agreed to voluntarily give up her 2 children under duress after being pressured by a counselor. The father was not contacted or notified and was unaware of the situation for 4 months. During this time, the father was living and working out of state, after being alienated from his children by the mother, who served the father with a protection order preventing him from physical or verbal contact with his children. The protection order was granted under errors such as false pretense using fictitious information provided by the mother. With the best interest of the children in mind, the father left the situation heartbroken that he would not see or be able to speak to his children. When notified by the agency worker that the children is under state custody. The father did the best he could to do what needs to be done to be a parent. The father did not expect errors of the law understandably knowing he is not an attorney or a bar member. As the father dug into the constitution and other areas on what just occurred, he found out many errors that left many questions and disturbing finding in agency workers, departments, and the family court system. The questions presented are: 1. Kelson v. Springfield, 767 F 2d 651, HN2, HN8, A child cannot be removed unless the child’s life is in danger. If there is no proof of any life-threatening issues, does a parent have a right for visitation and a case plan? 2. Sometimes state courts unconstitutionally error on proceedings, when a state court errors, does federal court have subject matter jurisdiction? ; 8. In the

Docket Entries

2021-10-04
Petition DENIED.
2021-09-08
DISTRIBUTED for Conference of 9/27/2021.
2021-09-02
Waiver of right of respondent John Herdman to respond filed.
2021-08-23
Waiver of right of respondent State of Nebraska, Sylvia Betta Cole, Nebraska Department of Health and Human Services Division of Children and Family Services, and Reggie Ryder to respond filed.
2021-07-07
Petition for a writ of certiorari filed. (Response due August 23, 2021)

Attorneys

Jeffrey Angelo Campbell
Jeffrey Angelo Campbell — Petitioner
Jeffrey Angelo Campbell — Petitioner
John Herdman
Stephen G. Olson IIEngles, Ketcham, Olson, et al, Respondent
Stephen G. Olson IIEngles, Ketcham, Olson, et al, Respondent
State of Nebraska, Sylvia Betta Cole, Nebraska Department of Health and Human Services Division of Children and Family Services, and Reggie Ryder
James A. CampbellNebraska Attorney General's Office, Respondent
James A. CampbellNebraska Attorney General's Office, Respondent