The Ku Klux Klan Law

When one hears the name of the State Agency "The Department of Family and Protective Services" those who have not been a target of their abuse think of this grand State Agency that protects the families of the State. Assuming that this is not the first post that you have read from the Dark Side of Childcare you will know that this is not true. The people employed by this State Agency are just as corrupt as any other workplace. The difference is that these people have the full backing of the Attorney General's Office to do whatever they want even if it means violating your Constitutional Rights. I was asked recently if Adrienne Driggers or her staff have any oversight, someone that can stop them from their unethical behavior. The answer is that they basically don't.  Their oversight comes from their own Department!

I was also asked if there was any way that employees of the Department of Family and Protective Services can be sued. The answer is a resounding YES through an old law created in 1871 as part of the Civil Rights Act of 1871 known as the Ku Klux Klan law.

Section 1983 of Title 42 of the United States Code also known as the "Ku Klux Klan law" as well as "Section 1983" is a means to punish State employees from denying you your Constitutional Rights. Section 1983 of Title 42 states:

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, SHALL BE LIABLE to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

A lack of ethical standards is evident in the behavior of  Department of Family and Protective Services Childcare Licensing Representatives, Adrienne Driggers the District Director for Sections 8,10, and 11, and her superiors. There is an agency wide belief that they are immune to any form of punishment. They clearly do not have any oversight, nor is there any desire on the part of high ranking officials to reign in the behavior of their subordinates. Section 1983 of Title 42 is your means of making these people pay for violating your Constitutional Rights.

It is sad that a law that was created as a result of the Ku Klux Klan, a racist organization known for lynching minorities, is the law that can help protect you from the Texas Department of Family and Protective Services.

Section 242 of Title 18 of the United States Code: Why Adrienne Driggers should be Imprisoned

It is a common belief amongst Department of Family and Protective Services staff that their actions are free from prosecution. They believe themselves to have full immunity from prosecution simply because they work for a State Agency. Nothing could be further from the truth. During all those sleepless nights I pondered this question: Who can protect us and the families of Texas from a State Agency created to protect us and the families of Texas? The answer is the United States Department of Justice through Section 242 of Title 18 of the United States Code.

Section 242 of Title 18 deals with the Deprivation of Rights under Color of Law.

In short, Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.

For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties.

Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.

However, this law does prohibit a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race. The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.

After reading the various posts on this blog it is abundantly clear that Adrienne Driggers should be prosecuted by the Department of Justice under this law. The thing is that she is not alone as a number of State employees are guilty of abusing their power to target us and other individuals. This is why I make this statement very loudly: Adrienne Driggers, the District Director for Childcare Licensing, is a felon. It is a sad thing that we are doing the Texas Attorney General's Office job in bringing these crimes that she has committed against the Texas Attorney General's Office who is defending her! One thing is certain, Texas Department of Family and Protective Services employees had best behave themselves and work in an ethical manner. This blog is spreading. Daycare owners and the public will now know that these corrupt individuals can and should face imprisonment.

UPDATE - Facing Justice with the State Office of Adminstrative Hearings

UPDATE: The hearing has once again been postponed as the Department of Family and Protective Services and the Attorney General's Office withheld pertinent documentation until the day before the hearing. We did not receive this very important documentation until after 4:00 pm c.s.t. via Fed Ex. Obviously intentional. In addition to this, the Department of Family and Protective Services and the Attorney General's Office failed to disclose any witnesses that they were going to present. They tried desperately for the hearing to take place despite our being in a huge disadvantage as a result of their withholding this information. In layman's terms, they tried to pull a fast one. The Hearing will be held on September 9th, 2015 at 10:30 am at 5155 Flynn Parkway Suite 200 in Corpus Christi, Texas.

The hearing to clear Marla from the Central Registry and to reinstate her license to operate the daycare is finally going to be held on June 10, 2015 at 5155 Flynn Parkway suite 200 in Corpus Christi, TX at 11:00 am Central Standard Time. We ask the community, legislators, and the media to attend.

We promise you that Adrienne Driggers and her staff will be exposed even further to the world. If her superiors were in denial of how she abused her power to target innocent people and endanger the lives of children they will learn that what we have written in this blog is absolutely true. They will also learn that her abuse of power is much worse than how she has been portrayed on this blog.

We will come after her and all the people that have helped her abuse her power in targeting our family. We will make her pay for the children that she caused to get molested. She will face justice for her murdering our unborn child and torturing our family. This hearing and her downfall will be historic.

My Promise to You

I was just thinking of the day when two licensing representatives came to our daycare to ensure that we were not operating. My wife Marla cried as she told the two ladies how caring and nurturing children was all that she ever wanted to do. She was a natural at it: caring, compassionate, and patient. She had devoted two decades of her life to help ensure that the lives of the children in her care and in the community would be much improved. Most of the children in our care came from underprivileged homes. The majority of our profits were reinvested into the daycare to help educate the children as she and I always believed that education was the key to escape the cycle of poverty. Marla's crime was to cross the path of Adrienne Driggers, the Southwest District Director of the Texas Department of Family and Protective Services. In Adrienne Driggers, you could not find a person more different from Marla. Adrienne Driggers, as well as Patricia Fernandez the attorney from the Texas Attorney General's Office, was well aware that her actions had previously led to the molestation of two children yet she had no hesitation to risk more children being hurt as a result of her decisions. Those decisions driven not by the safety of the children but by hate and intolerance. Unlike Marla who would give all that she had to ensure the well-being of children, Adrienne Driggers could care less for the safety of children. The children that were in our care or their families did not deserve consideration. To hell with them was her thinking. She would once again abuse her power to deny Marla her God given right for the pursuit of happiness.

I have wondered if that was what motivated Driggers. That perhaps she saw qualities in Marla that she herself was incapable of possessing. Though Adrienne Driggers is perhaps the most powerful person in the most powerful State Agency in Texas, she will never have the respect that Marla has as a result of her compassion. Given Adrienne Driggers recklessness and her willingness to endanger the lives of innocent children I wonder as I am sure that you do as well why she has not been terminated from her position. Any other person who has attempted to attack a person while in the act of doing her job, who has desecrated the United States Constitution, who has committed a felony while in the act of doing her job, would have been terminated by the Commissioner of the Department of Family and Protective Services ( John Specia, Jr.) and investigated by the Texas Attorney General's office. Why she has not is beyond me. But as our blog continues to spread, this inaction has the potential to expose a number of people.

I will do my share. Beginning next week, I will begin exposing on an individual basis those State employees and officials that have endangered the lives of the children of Texas. This is my promise. If they have not realized that they have messed with the wrong people I promise you that they will when they see their names and their actions and inactions exposed on this blog.

The Snarling Beast

The need to reorganize or perhaps even do away with the Department of Family and Protective Services Childcare Licensing is blatantly clear to anyone that has read this blog. One thing of which I have not previously mentioned in this blog is how Adrienne Driggers, the dreaded Southwest District Director of Childcare Licensing attempted to physically attack me while we were trying to obtain a permanent restraining order against her department at the courthouse in San Antonio. Were it not for our then attorney, Mark Braswell, who stepped in front of her we would have come to blows! 

The incident occurred after Adrienne Driggers had told me that her closing my daycare would not have occurred if I had just been "truthful" about who was truly operating my daycare claiming her belief that it was my wife Marla that was operating the daycare. Driggers had completely disregarded that not only did I have experience in operating a children's daycare but I also had a Bachelor's degree in Management from Texas A&M University. Driggers had also disregarded the fact that my wife, Marla, was only at the daycare to pick up the children from school at 3:00 pm and that she had documentation and witnesses to prove it. The daycare operated from 6:30 am to 6:00 pm. It would have been impossible for Marla to have operated the daycare but when it comes to the Texas Department of Family Protective Services Childcare Licensing Division, the truth doesn't matter and apparently neither does the safety and well-being of the children.

We can never forget the look on Adrienne Driggers face when she tried to attack me. It was that of a rabid animal. It was not until the trial of Casey Anthony, the woman who was found not guilty of murdering her child, that we saw that look again. This is the look of a woman who is given absolute power by the Department of Family and Protective Services Commissioner: John Specia, Jr. The astute person will have noticed that all of the Childcare Licensing Representatives that we have mentioned on this blog were women (so much for "motherly instincts"). The only male employees of the Texas Department of Family and Protective Services that I have mentioned have been Paul Morris and John Specia, Jr. both of which are Adrienne Driggers superiors in their positions with DFPS. Both of which have proven to lack as we say in South Texas, the "cojones" to either terminate Adrienne Driggers or to stand up to her behavior. This is the look of the person that has  absolute power to affect the lives of tens of thousands of children in Texas. This is the look of the person that has abused her power to persecute us for several years. This is going to be the look of the person that we are going to put away.

Suspecting Child Abuse

As you may have surmised, the Department of Family and Protective Services Childcare Licensing Division operates in an adversarial role with daycare operators. Daycare operators are well aware that any contact with Childcare Licensing could be detrimental. Because many Childcare Licensing representatives, and apparently Department of Family and Protective Services District Directors, are prone to falsifying write-ups any daycare operator making contact with Childcare Licensing invites trouble.

One must consider the reasons as to why children's daycares exist before understanding how the State of Texas Childcare Licensing Division is detrimental to the safety and well-being of children in Texas.  Children's daycares exist to allow parents the ability to earn income or advance their education to better support their families by allowing them to leave their children with trained individuals who will care for their children. Another purpose for daycares, and one not realized by Adrienne Driggers the Southwest District Director, is that daycares allow the State to oversee the care of a concentrated amount of children.

There is no greater thing in the world than to be able to help children and the community. When childcare licensing has proven themselves to be hostile towards daycare operators the focus of a daycares operations become more a matter of self preservation. So if a daycare suspects a child is being abused it is far more likely for a daycare to dis-enroll the child with the hope that someone else will solve the problem rather than risk giving childcare licensing the opportunity to harm the daycare. It was in San Antonio where I spoke with several daycare operators that expressed this concern. I was naïve at that time. I didn't realize how animalistic Childcare Licensing Representatives and their District Director were. Any contact with Childcare Licensing is a gamble.

When a daycare is closed because a District Director or Childcare Licensing Representative is using their power to settle a score those children that were once being cared for in a concentrated facility are now scattered into the community to be cared for by people who are neither trained nor have the oversight of the State of Texas. Several things can happen as a result: children could get molested, seriously injured or even killed.

SOAH Update

Our hearing with SOAH was to be held today but was postponed due to an unexpected medical emergency. Patricia Fernandez, the attorney representing Adrienne Driggers, attempted to deny our request for a continuance but was overruled by the presiding judge. This normally would not have been a big deal were it not for the fact that within 15 minutes of Ms. Fernandez attempting to deny our request for a continuance she and the State Office of Administrative Hearings were bombarded with calls from the offices of  State Representative Abel Herrero and State Senator Juan "Chuy" Hinojosa. Senator Juan "Chuy" Hinojosa is a member of the Sunset Review Committee that is reviewing the Department of Family and Protective Services. If Ms. Fernandez had not attempted to deny the continuance, it is very likely that Senator Juan "Chuy" Hinojosa's office would not have known of our blog or witnessed the tactics that have been used against us.

We thank all of you for your support. Our war to expose Adrienne Driggers, the Southwest District Director of the Texas Department of Family and Protective Services, and the broken system which has given her unlimited and unchecked powers is resonating throughout the world. For all of you in Texas that are following this blog, we ask you to join us in spreading the word of the abuse of power as this battle is for the protection of all of the children in Texas and for the protection of the rights afforded us under the United States Constitution. For those of you that are following these events outside of the United States, we appreciate your support as our war against intolerance and tyranny are a universal theme. We are the disenfranchised fighting against certain wicked members of our State government. We take comfort in knowing that so many people are supporting our cause. With the exception of Antarctica, our message has spread to every continent. The growth of this blog is growing exponentially.