Graciela Amaya is preparing to send her fourth and fifth petitions for writ to the United States Supreme Court regarding her son whom she has not seen for over three years and her home taken a few days before her son. Her initial petitions for writ of certiorari and rehearings were denied by the justices who last conferenced on June 8, 2006 regarding the petition for rehearing in Graciela Amaya's case (Docket No: 05-1015) which began in the United States District Court for the Eastern District of Wisconsin.
The cases stem from a paternity action filed by Amaya in Ozaukee County, Wisconsin and a November 14, 2003 ejection where Graciela Amaya and her four boys were forced out of their home in Milwaukee County, Wisconsin. There weren't any court proceedings, eviction or foreclosure filed against the single mother Amaya before they were forced on the streets. All she received was a 24 hour notice addressed to occupant to vacate the premises. Three days later, on November 17, 2003 Ozaukee County Judge McCormack acting from the paternity action Amaya filed to receive child support, ordered the removal and eventual termination of Amaya's parental rights to her youngest eight month old son. This created a chain of events beginning with her home business collapsing due to the taking of all her belongings to storage. She was forced to pay fees to receive her belongings back months later. Only a portion of her belongings were returned; most were lost, stolen, destroyed or taken. This left her and her boys displaced, staying with family, in shelters and living out of their car for almost a two year period. Eventually, Amaya was forced to live on welfare while rebuilding their lives, fighting civil cases for injuries as well as the return of her son and home, and dealing with the anguish of battling for dismissal of the criminal cases filed against her for attempting to move back into her home and for picking up her youngest son from daycare.
At first, Amaya believed it was a big mistake and once she contacted the bank it would be fine. She sent a letter to World Savings Bank, Gray and End, LLP (the bank's attorneys) and George Flessas of Pericles Realty alerting that she was the owner and had a land patent on her property believing the situation would be corrected. Unfortunately, it was not a mistake and it was done purposely. Why wasn't Amaya given the opportunity to dispute or pay the alleged debt? Was the alleged debt even valid? One would think if the debt was valid it would have been a quick judgment against Amaya if the lawsuit was filed. When has a lis penden (a notice) have the same or more power than an instrument for interest of ownership to a property that allows for the complete absence of any lawsuit or due process?
Are being displaced, alleged lack of emotional support from family and friends and alleged financial instability reasons to justify the taking and eventual termination of Amaya's parental rights. Why wasn't a petition for a child in need of protection of services (CHIPS) or any lawsuit filed against Amaya? Since when has a paternity action replaced a CHIPS case? Why wasn't Milwaukee County Child Protective Services involved in the removal of her almost nine month old son on November 17, 2003, or the termination of Amaya's parental rights in February of 2004? Does this mean all natural disaster victims will have their parental rights terminated?
Nothing seems to justify the taking of Amaya's home or son. The only thing that makes sense is that this is definitely wrong! Amaya filed lawsuits against the individuals involved and her cases were dismissed. It seems the more Amaya fought the more injuries she incurred.
Graciela
Cudahy, Wisconsin
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