U.S. Veteran Father Seeks Justice, Remedies for Alleged Family Court Violations of Parental Rights; Challenges Judge Daniel Segura's Fitness for Bench Amid Alleged Judicial Abuse, Bias and Prejudice
SAN DIEGO, April 6, 2024 /PRNewswire-PRWeb/ -- Allegations of constitutional rights violations have sparked unprecedented legal battle. This as San Diego County-based father Marian Anthony—an Honorable United States Marine Corps. Veteran—is taking a stand against the alleged violation of his constitutional rights in Federal Court, as provided within the 1st & 14th Amendments. Anthony alleges that his Constitutionally Guaranteed Rights have been infringed by a San Diego judge Daniel Segura, who Anthony believes has usurped his power and intentionally violated Federal Law. This by depriving the fit father of actual parenting time, right to parent and familiar speech, leading him to seek legal remedies, including sanctions and damages of $15 million. Daniel Segura, a recently appointed judge by Gov. Gavin Newsom, is a prior public defender whom Anthony alleges is "stigmatized and unfit for the position." According to Anthony, the argument is grounded in Constitutional law. Anthony seeks to prove that it is in this unprecedented case.
Anthony asserts that Segura—having served as public defender for 24-years—is severely stigmatized by psychological trauma, and demonstrates patterns of emotional enmeshed in his work, including defense representation of sinister criminals, with some having been convicted of infanticide. "Segura's 24-year career defense of murderers, including Veronica Rivas who forcibly drowned her own child and another instance where Segura was photographed holding a knife that was removed from a victim's skull represents his dark career history that undermines the required temperament and objectivity for delicate and sensitive family matters, "Anthony states. "He is far too emotionally invested in his work, and I believe this trauma has adversely impacting his ability to objectively oversee family law matters as it pertains to parental rights."
Anthony continues, "Judges are required to maintain the proper disposition and demonstrate the ability to act impartially, and Segura has demonstrated that he cannot." Anthony alleges that Segura has demonstrated patterns of intemperate criticism, prejudice and incompetence by issuing orders that are analytically flawed and empirically unjust, contrary to guaranteed individual liberties as defined within the 1st & 14th Amendments. Anthony alleges, "Segura usurps his power and is a menace, creating judicial child abuse."
Anthony alleges that Segura has made no finding of "fitness" and has created conditions of severe parental alienation, that arose from an allegation that Anthony upon entering his own home, with his children, to discovering an interloper, asked the unknown person to leave, Segura considered "disturbing the peace" then relegating Anthony less than 24-hours of supervised visitation each month with his two children. Anthony stated, "As a United States veteran, I am ashamed of how our country's court system is presently administering justice…and seek to draw awareness to the issue with respect to family law."
Anthony argues that Segura is either intentionally or inadvertently violating federal law, and is abusing discretion, by intentionally failing to acknowledge "Fundamental right to Parent" as guaranteed by the 14thAmendment upholding the right to exercise care, custody and control for "fit parents." Anthony further asserts his rights have been violated with respect to "right to familiar speech" as guaranteed by the 1st Amendment: to pray together, do homework together and lead by example on a daily basis. Anthony alleges that the U.S. Constitution forbids zero "actual parenting time" – unless a parent is found to be unfit. There has been no finding of fitness in Anthony's case.
Anthony believes he will prevail with his lawsuit, citing the U.S. Supreme Court holdings and the Troxel fitness presumption, "unless there is clear and convincing evidence of actual harm to a minor child, parents have rights."
Anthony cites that Daniel Segura has refused to recuse himself, and issued an eight-page rebuttal.
Anthony seeks legal remedies to rectify these violations of his constitutional rights. He calls for the judge to be sanctioned and permanently removed from the bench to prevent further infringements on the rights of other parents. Additionally, Anthony is seeking damages for $15 million to compensate for the emotional distress and harm to both himself and the children via parental alienation caused by Daniel Segura. When asked why he is seeking $15 million in damages, Anthony replied, "The value of a bond with your child is incalculable. These acts are without absolution. It's like grieving the loss of a child. I have lost 2-years of life and relationship with my daughters, who I have an extremely strong bond with. My girls are my world. I have coached them into becoming fantastic tennis players, a sport they love, and they have participated in events including the Billy Jean King Nationals here in San Diego. Segura has destroyed their potential, and so much more relative to lost family bonds and memories."
For media inquiries or further information, please contact:
Public Affairs Office
FathersHaveRights.org
Source:
https://www.sandiegoreader.com/users/photos/2013/oct/04/54244/
Credit -San Diego Reader – Eva Knott
https://dockets.justia.com/docket/california/casdce/3:2024cv00458/779970?amp
Media Contact
Marian Anthony, Marian Anthony Pro Se & FathershaveRights.org, 1 6194599532, [email protected], Fathershaverights.org
SOURCE Marian Anthony Pro Se & FathershaveRights.org
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