Section 1983 Civil Rights Lawsuit Surfaces Against a JoCo Family Court Judge in KS Federal Court Case 2:23-CV02741

OLATHE, KANSAS - This Kansas story is unbelievable as it is heartbreaking that is beginning to make nationwide headline news as it was placed on the desk of Michael Smith with USA TODAY, months ago, and just begin to be spread. A Johnson County, Kansas court 2018 based court proceeding has now been placed in the United States Federal Court in the District of Kansas, and bears a tragic tale that one Kansas father is now asking the highest court for intervention into district judge misconduct and void orders that stem back over 18 months. These orders originated in the Johnson county 10th District original proceeding that revolves around the custody of 2 minor children. Kansas father Matthew Aaron Escalante entered the high court with a federal civil rights lawsuit against Johnson County Kansas district family court judge Paul William Burmaster on October 19th 2023 with 3 federal complaint alleging violations of father and daughters civil rights.

In our Constitution, fundamental civil rights hold extraordinary significance as they guarantee basic civic liberties for the citizens. Notwithstanding, note that these rights will lose all their importance if a wronged individual doesn’t have any component to move forward in the courts for infringement of those basic rights. Subsequently, keeping this in mind, the forefathers of our Constitution give us the “right to constitutional remedy” under Articles 32 and 226 of the constitution and a century later, section 1983 was created by congress. Section 1983 US codes originated for the freed slaves as mechanism to bring civil acitons for rights deprivations that were beginning to show still in the southern states after slavery was abolished. We, the people who are in a civil rights pinch, can enter into the federal court under Section 1983 of the US codes and bring civil action onto the alleged for deprivation of rights.

Group email exchanges between the USA Today, The Kansas City, our publishing agency and a multitude of others began receiving correspondences from the Kansas dad, in June 2023. The desperation yet professionalism received along with files was very compelling and on every of the very few occasions of outreach of Mr. Escalante, he always began his emails with, "This message is offered to you for consideration of the facts and to please consider it to be in the best of Children to share the story". And would always end with "Cordially". Many months later, the Kansas father showed us all as a group over 3 dozen ethics complaints brought by 3 different fathers, including himself, on a judicial member in the 10th District family courtroom. Ethics filings with the Kansas Commission of Judicial Conduct were in the hundreds of pages and in the Commission's dockets of # 2921, 2929, 2941, 2948, 2956, 2972, 2973,2983, 2987, 2988, 2989, 2996, 2997, 2998, 2999, 3000, 3001, 3002, 3003, 3004 3005, 3040, 3041, 3042, 3043, 3044, 3045, 3046, 3047, 3048, 3049, 3050, 3051, 3052, 3053, 3054, 3055, 3056, 3081, 3086. That is ton of ethics complaints that are in probes, perhaps the largest the State of Kansas will have ever seen. The correspondences on those pages from the commission do detail by the Secretary Douglas Shima, that they undergo a preliminary check first to verify some authenticity that an ethics complaint has a sound basis to be heard rather than that of a frivolous filing. Our Kansas fathers attached a message that was very disturbing if was true. He spoke that ever since he showed the evidence to the ethics board, as his own attorney, that retaliation in the district court had been occurring in his county proceedings and that the backlash from the local judiciary was more than he would like to describe in a single email. He said that on March 20, 2023, he entered a filing into the county case 18-CV03813, and spoke of domestic violence claims be made against him, as a father. The title of the motion he entered into the district court docket of his children’s proceeding 18CV03813, was specific and factual that meritless and baseless claims of DV were being brought against him. He says he placed that in the docket with verbiage where it could been seen and within hours, literally, a no-contact order on the whole courthouse had been issued onto the father by the presiding judge.

And here is where that is most interesting, it can be actually verified, in that county docket. It is still there and the no contact issuance literally right behind it. And a pending Kansas Human Rights Commission/EEOC dual filing charge of discrimination against the JoCo Kansas courthouse came on April 5th, 2023, as Mr. Escalante shows that he was alternatively being interviewed for employment on the other side of Johnson county courthouse at the time. The judge was unaware of that fact. Those two depictions counter each other, of a Kansas dad who deserves a no-contact order on the whole courthouse staff does not line up with the discrimination lawsuit that shows the courthouse staff recruiters were interviewing and considering Mr. Escalante for employment as a Trial Clerk II. Until that Courthouse No Contact order was issued out of the family court that went and 'tapped' the courthouse recruiting staff and said don't "talk to that father, we don’t like him". The EEOC is behind Mr Escalante that a equal opportunity federally protected job interview and application just tainted by someone who had no jurisdiction to turn communication with court recruiters, that the Judge did. Mr Escalante informs that he is not discouraged and that he actually anticipated some this backlash.

His offering of sets of court filings to syndicate recipients mimicks in essence the more recent publicized case of CL-2019-2911 - John C. Depp, II v. Amber Laura Heard. That California televised case showed the modern day problem that has festered in the countries courts of the procedural misuse of the domestic violence systems intended for victims who need the protections and safety of what the courts can offer them. The california defendant was using protective orders as a weaponized form of manipulating county court proceedings to have the stronghold. And the most heartbreaking part of Depp v Heard, is the silicon valley lady of great movie talent was unable to see that what she was doing was wrong and that it was causing a harm onto the Pirates of the Carribean star, to the point it was affecting his life output and even job potential, as the Pirates franchise had caught wind in prior year of rumors that Jonny was bringing acts of domestic violence and they shut him out of the franchise. That was the cause of effect of false claims surrounding domestic violence in CL-2019-2911.

In the Kansas cases of E. v E., the ethics commission of the state that governs the discipline of Kansas judges shows involvement ongoing since, you guessed it, March of 2023, the issuance of the court order that down a fathers voice speaking in the courts of misconduct. This court order seems very 'off' on its face, in how it is directing the father into a set of actions involving a Johnsen county contracting agency who is confirmed under suspicion by the District Attorney of a August 31 consumer complaint to the DA's office to have been engaged in improper handling of money. The 3 page consumer complaint speaks of a mishandling of account money that was occurring surrounding this father's account there, and the Director was caught misrepresenting it to the father and the courts. This all showing occurring in recent emails from that agency who deals with the re-integration of parents and when domestic violence purportedly occurs. The problem with this October action order that district court is asking of the Kansas father, is that this order and several others are sitting now in beforementioned federal lawsuit that is asking for review of the non jurisdiction and unconstitutional in the fathers county proceedings and the suit demands action. And more profoundly, all those matters just mentioned are all also sitting in another United States federal District of Kansas case of 2:23-CV02176. This other federal case has silently been running since February 2023. The plaintiff is same Kansas father except he is not alone, his with his children, et al minor children, meaning the children are also plaintiffs alongside him. They are running a $75,000 lawsuit against the biological mother and officers of the court, being the Guardian ad Litem and the opposing counsel. The suit is a large federal complaint of over 17 pages detailing district court ongoings of half a decade of male to female domestic violence acts of parental alienation and judiciary's ignorance of the facts that has now led to constitutional harm. This is showing now alongside the Judge lawsuit of 2:23-CV02741 as being a Conspiracy to Interfere with their civil rights, that includes the district court judge as participating in it.. The father and children’s federal suit seeks intervention, just like the judge suit does, but the second federal case is asking for cessation of behaviors in Federal counts of Obstruction of the family district court proceedings, and conspiracy to interfere with civil rights of daughters and their dad, and manipulation and coercion of the presiding officer of the district proceedings, that’s the Judge. Under section 1983 in this Kansas case, it would support a cause of action against all the members of a conspiracy for acts in furtherance of the conspiracy of which its alleged a color of state law is depriving the plaintiffs, dad and daughters, of due process and other civil rights. More to come on these growing Kansas cases.

© RStevenson 2023