Posted on 09/08/2005 6:18:32 PM PDT by Aussie Dasher
Months after her death by court-ordered dehydration, the Justice Department has ordered an investigation of a complaint alleging discrimination against Terri Schiavo under the Americans with Disabilities Act or the Rehabilitation Act.
The Justice Department's Disability Rights Section directed the Office for Civil Rights of the Department of Health and Human Services in July to conduct the probe, reported the Empire Journal, an Internet news site that has published numerous investigative stories on the Schiavo case.
Schiavo died March 31 at age 41 at Woodside Hospice in Pinellas Park, Fla., after her estranged husband Michael Schiavo obtained judicial approval to remove her nutrition and hydration.
The eight-page complaint was filed by a New York special education teacher several days before Schiavo died, but the Justice Department claims it did not receive it until April 5, Empire Journal said.
Danielle P. Miller of Central Islip High School in Suffolk County served copies of the complaint to President Bush, Florida Gov. Jeb Bush, Florida Attorney General Charlie Crist, secretary of the Department of Children and Families Lucy Hadi and numerous other state and federal officials.
Miller named judges involved in the case as defendants, including Florida 6th Circuit Judge George Greer, members of the Florida Supreme Court, the U.S. Court of Appeals 11th Circuit and the U.S. Supreme Court.
The complaint alleges Florida 6th Circuit Judge Thomas Penick Jr. failed to enforce his own orders for Michael Schiavo to provide appropriate care as his wife's guardian. Also named was Judge W. Douglas Baird, who struck down Terri's Law in 2004, ruling that legislation designed to save Terri Schiavo's life was unconstitutional.
Miller presents a long list of alleged civil rights violations against Schiavo, including her inability to obtain a divorce.
The complaint also alleges neglect and refusal of medical care and therapy by Michael Schiavo as her guardian.
Miller argues that even if Michael Schiavo's claim that his wife did not want to be kept alive by "artificial means" is true, the law did not regard a feeding tube as artificial at the time she became incapacitated.
Therefore, the complaint says, she did not have informed consent. Miller also points out that, according to the law, she would have had to be mentally competent to make that decision.
"The rulings of the Florida courts and the subsequent hands off attitude of the appellate courts and the federal courts are a travesty of justice an abortion of human ethics," the complaint asserts.
The Empire Journal said there is no indication how long it will take HHS to investigate the complaint.
In 1995, HHS initiated collection procedures against Hospice of Florida Suncoast, the owner and operator of Woodside Hospice, where Terri Schiavo died.
The federal agency sought to recover $14.8 million which it contends was unlawfully paid to the hospice as a result of fraudulent claims made for Medicare reimbursement for patients that were not terminally ill, including Terri Schiavo.
The most recent HHS annual report, filed Dec.31, 2004, shows the agency has initiated collection procedures against Florida Suncoast.
One can only hope in our lifetime we'll see the Justice. I somehow think though, that it will be God that mets it out.
Too late. Where was the effort when Terri was still alive?
I hope the hospice gets the 'real justice' it deserves. It is far too late for Terri. This step should have been taken more than three years ago. In fact, I mentioned taking this very step in a post about six months before Terri died. Why the parents lawyers did not raise the issue is beyond me. But nobody listens to me anyway. I'm just a geezer in Oregon.
It is too late for justice for Terri, but I pray it is not too late for justice for those involved in killing her. My heartfelt thanks to this woman who filed the complaints. Just like 9-11, we must never forget!
Good but so sad.
I certainly hope so.
...too little too late...
Time for a little showboating...
Thank you for providing this news.
They're in trouble now. The federal government can bankrupt just about anybody with court costs on a case like this.
I meant to add - LEGAL costs
My thoughts too. Investigate and let the chips fall where they may.
The complaint alleges Florida 6th Circuit Judge Thomas Penick Jr. failed to enforce his own orders for Michael Schiavo to provide appropriate care as his wife's guardian. Also named was Judge W. Douglas Baird, who struck down Terri's Law in 2004, ruling that legislation designed to save Terri Schiavo's life was unconstitutional.
What is astounding is that JUDGES are named in the suit! Normally, they are immune from lawsuits and prosecutions when they make rulings. This is going to be a spectacular lawsuit!
Dear God, I pray some heads will roll.
Way too little, way too late. I hope I'm wrong, but I expect this to end up like the investigation done by Crist or whatever his name is - the FL AG, I think he is - was asked to investigate what happened to her initially.
The case is moot. The fraud claim against the hospice is a different matter.
I was in touch with some big wig at HHS numerous times
in the months prior to Terri's murder.
They can't claim they didn't know about her abuse!
This is the Justice Dept... all lawyers and judges.. and do you think they will really find against another lawyer or judge?
I pray to God this case makes a big huge impact!!!!
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