A 23 year old man is suing the attorney who represented him as a minor during his parents' divorce proceedings because, he says, she knew about the abuse his mother inflicted on him and did nothing about it.
Carlos J. Carrillo says that Stacey Platt of the Loyola Child Law Center "was very aware of the severity and frequency of abuse" that Carrillo's mother inflicted on him and his siblings but there is no record of her attempting to protect the children.
Carrillo points to a police report showing that his mother pulled a knife on him and threatened to stab him as well as three court orders requiring his mother to get anger management counseling, which she never did and which Platt never moved the court to enforce.
The complaint also states that Carrillo's mother stabbed his father in the chest.
Carrillo says that, as a result of the abuse by his mother, he was not able to lead a normal life and is now jobless with poor credit and three drunk driving arrests.
He is seeking at least $500,000 from Platt and Loyola University and for them to pay for mental health treatment and college.
Read the complaint after the jump.
Follow me on Twitter at jenfernicola.
7 Comments
jack said:
Another pro se, I see. The only breach of duty alleged is as guardian ad litem, but it may be a stretch to assume that a violation of the gal statute is legal malpractice actionable in tort. Otherwise, plaintiff is not a client of defendant, and hence legal malpractice will not lie.
chidevil1 said:
What? Defendant was the child representative for the plaintiff. Defendant was entrusted in representing the best interests of the plaintiff. He was a minor child and not able to represent himself in court. He couldn't walk into court ask the judge for a restraining order because his mother was physically abusing him. It was Stacey Platt's responsibility to ensure that the her clients weren't abused by either parent. According to the complaint, Platt knowingly allowed the abuse to take place and failed to do anything to put a stop to it. What the hell is a child representative for if not to protect the children from an abusive parent?
LeeS773 said:
I'm shocked they don't reference the Abused and Neglected Child Reporting Act.
I'm also shocked to not find "lawyer" listed as a mandated reporter in the Abused and Neglected Child Reporting Act. Surely, the spirit of the law intended for a lawyer appointed by the court as a Guardian Ad Litem (GAL) to be a mandated reporter because it also states "any person who came to know the child through an official capacity or position of trust." Most certainly a GAL would require the trust of a child to obtain the information needed for the performance of their official duties.
Therefore, in this case, I believe the following applies: "If a person acts as part of a plan or scheme to prevent the discovery of an abused or neglected child by lawful authorities to protect or insulate any person or entity from arrest or prosecution, the person is guilty of a Class 4 felony for a first offense and a Class 3 felony for a second or subsequent offense."
So my question is, if someone is guilty of violating the ANCRA and that causes harm, can they be sued for that harm? I would hope so.
LeeS773 said:
Is it considered ok to ask for a specific compensation that is special only to the person you are suing... ie...a Loyola University Bachelor's Degree?
msvideo said:
a college of his choice
chidevil1 said:
The complaint is asking for Loyola University, attorney Stacey Platt's employer, to pay for the plaintiff's education through a bachelor's degree. No where does it specify that the education must take place at Loyola.
chidevil1 said:
I think this kid needs legal help. If his allegations against his lawyer are true, he has a solid and winnable case. He can't go at it alone as a "Pro Se" litigant against well-seasoned attorneys and the deep pockets of Loyola University. By the way, the complaint doesn't say that he wants a degree at Loyola University. He is asking that Loyola University, the defendant's employer, pay for his educational expenses at a college of his choice.
Leave a Comment?
What your comment will look like:
said: