Father of Missing Child Defeats Fresno County With U.S. Supreme Court Decision

Without a lawyer, a father of a parentally-abducted child in Russia wins a U.S. Supreme Court decision against county officials in Fresno, California who refused to comply with court orders.

Washington, DC (PRWEB) December 18, 2005 -- A father's nearly-exhaustive fight for justice, after his son disappeared six years ago, was given a second chance when the U.S. Supreme Court ruled in his favor. His civil lawsuit against Fresno County officials, thrown out by a federal judge two years ago, may return to a U.S. District Court.

Former Fresno resident Larry Synclair, 45, recently prevailed when the U.S. Supreme Court granted his petition for writ of certiorari. The court rescinded last year's Ninth Circuit Court judgment affirming U.S. District Court Judge Anthony W. Ishii's decision to dismiss Synclair v. County of Fresno due to lack of subject matter jurisdiction. The Supreme Court also instructed the Ninth Circuit to reconsider Synclair's case, in light of a prior Supreme Court decision that defines the application of a federal doctrine regarding subject matter jurisdiction. Should the Ninth Circuit Court return the case to federal court, Fresno County will face a civil lawsuit that accuses county officials of disobeying a court order regarding the international parental abduction of Synclair's son and violating his due process rights under the Fourteenth Amendment of the U.S. Constitution.

On November 3, 2000, Judge Nancy Cisneros ordered Deputy District Attorney William Frank of the Fresno County District Attorney's Child Abduction Unit to notify federal authorities concerning the abduction of Larry Synclair Jr., then age 5, by his Russian mother to Moscow. However, the District Attorney's office chose not to comply with the court and quietly shelved the judge's order for several months.

Synclair pressed the District Attorney's office to conform to the court order until he received a letter from Deputy District Attorney Dennis Lewis in April 2001. The letter asserted the office recognized the court order as invalid. Lewis added it was the District Attorney office's opinion Russia had jurisdiction despite Judge Cisneros' previous observation Fresno held jurisdiction. In December 2001, Larry filed a federal lawsuit alleging due process violations, listing as defendants: the County of Fresno, the department of Child Abduction Unit, the District Attorney's Office, and individually, Deputy DA William Frank, Investigator Ronald Hopper, Deputy DA Dennis Lewis, and former District Attorney Edward Hunt. During deposition, Lewis was asked what gave him the authority to undermine the judge's decision. "My knowledge and experience," he replied.

Although U.S. District Judge Ishii noted Fresno County did not deny they violated Synclair's due process rights, he closed the case in July 2003. In his opinion, he wrote the court would have to review Judge Cisneros' decision, which was regarded by county officials as void. However, his court was barred from doing so under the Rooker Feldman Doctrine -- federal courts have no jurisdiction to consider cases that originate from a state court decision. Judge Ishii stated this case was "inextricably intertwined" with Judge Cisneros' decision. Synclair appealed to the Ninth Circuit. The court of appeals concurred the district court "properly dismissed Synclair's claims based on the Rooker-Feldman Doctrine."

Without legal assistance, Synclair prepared and filed his petition to U.S. Supreme Court last May, stating case law that the doctrine is applicable if damages to the plaintiff occurred from a state court decision. Synclair emphasized he had no dispute over a state court decision. Damages originated from Lewis' letter, consequently denying Synclair the right to be heard in court. Additionally, the letter had no lawful connection to Judge Cisneros's decision, but merely acted as an independent voice of a government authority under color of law.

The County hired Fresno-based law firm Weakley, Ratliff, Arendt & McGuire to convince the Supreme Court to dismiss Synclair's petition. "Despite the fact the County does not dispute they violated my due process rights," says Synclair. "They preferred to use money from taxpaying citizens to hire a law firm that would hopefully sweep their illegal actions under the rug." On November 28, the Court disagreed with the law firm and granted Synclair's petition.

Maureen Dabbagh, mother of an abducted daughter in Syria and founder of the Virginia-based P.A.R.E.N.T. International, an advocacy organization addressing issues regarding international parental abduction, says ignorance of the law produces unwarranted or local policies. "Many parents are unable to get warrants based on regional policy which are in conflict with federal or state law." says Maureen. "To make matters worse, it is not the law that restricts the issuance of federal warrants when a child has been abducted, but rather individuals within law enforcement that apply policies that would define when a warrant would be issued, even when there is no question that a crime has been committed."

"Unfortunately, the child suffers as the case is denied proper and aggressive criminal pursuit." she adds. "These delays and improperly imposed conditions on issuing warrants have prevented effective case resolution."

Following a Fresno County court approval to change venue to San Diego county, since Synclair resided in Oceanside, he was granted sole custody of Larry Jr. Additionally, San Diego authorities issued a California arrest warrant for the mother although she remains hidden in Russia.

Synclair is confident the Ninth Circuit will remand the case to federal court after realizing the impracticality of the doctrine in his case. "Once that happens," he says, "I'll see to it my civil lawsuit is a hard slap in the face to those county authorities who believe they can act above the law and thumb their noses at our judicial system. It's sickening they prosecute people violating court orders, yet these county officials are guilty of the same crime."

It has been six years since Larry Jr. disappeared. Synclair, now working in Portland, Oregon, says he will never give up finding a way to locate and return his son home.

The case is Synclair v. Fresno County , 05-71.

Contact information:
About the case: Larry Synclair
Telephone (503) 975-2474

About international child abduction: Maureen Dabbagh, P.A.R.E.N.T. International
go to www.maureendabbagh.com

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