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Judges uphold revocation of counselor’s license

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The Indiana Court of Appeals has affirmed the decision to revoke a mental health counselor’s license after she developed a personal attachment to a patient and ignored the patient’s request to leave her alone.

Elaine Williams was a licensed mental health counselor when she treated Patient A, who suffers from dissociative identity disorder, post-traumatic stress disorder, depression, and schizophrenia. The evidence shows that Williams involved herself in Patient A’s personal life and continued to contact her despite Patient A’s requests to be left alone. In her emails to Patient A, Williams expressed her love for Patient A and the pain caused by Patient A’s rejection of her. Williams’ behavior caused Patient A to call the police twice, move away from her home, change her phone number, and change her email account. The situation with Williams was traumatic for Patient A and caused her to feel fear, according to the court record.

The Office of the Attorney General filed an administrative complaint against Williams, and in a hearing before the Behavioral Health and Human Services Licensing Board an AG investigator and Patient A testified. The board found that Williams had committed two violations under I.C. 25-1-9-4 and two violations under I.C.25-1-9-6.7, and revoked her license pursuant to Indiana Code section 25-1-9-9(a) (2001).

The trial court initially affirmed the board’s decision, but then reversed on Williams’ motion to correct error. Madison Circuit Judge Dennis Carroll was troubled with the board’s severe sanction of revocation, not with any determination that Williams’ conduct warranted a sanction. The judge found the board’s decision to be arbitrary and capricious and ordered with instructions to impose a lesser sanction or hold a new hearing.

In Behavioral Health and Human Services Licensing Board, Kimble L. Richardson, George Brenner, Andrew Harner, Geneva Osawe, Rex Stockton, Carla Gaff-Clark, and The State of Indiana v. Elaine Williams, 48A05-1304-PL-185, the Court of Appeals affirmed the board’s decision, finding it afforded Williams fair proceedings and acted within its authority in revoking her license. The judges also held that the trial court improperly substituted its judgment for that of the board when it determined that revocation was too severe a sanction.

“We simply cannot conclude that the proceedings before the Board were unfair or that Williams was prejudiced,” Senior Judge John Sharpnack wrote.
 

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  1. Actually, and most strikingly, the ruling failed to address the central issue to the whole case: Namely, Black Knight/LPS, who was NEVER a party to the State court litigation, and who is under a 2013 consent judgment in Indiana (where it has stipulated to the forgery of loan documents, the ones specifically at issue in my case)never disclosed itself in State court or remediated the forged loan documents as was REQUIRED of them by the CJ. In essence, what the court is willfully ignoring, is that it is setting a precedent that the supplier of a defective product, one whom is under a consent judgment stipulating to such, and under obligation to remediate said defective product, can: 1.) Ignore the CJ 2.) Allow counsel to commit fraud on the state court 3.) Then try to hide behind Rooker Feldman doctrine as a bar to being held culpable in federal court. The problem here is the court is in direct conflict with its own ruling(s) in Johnson v. Pushpin Holdings & Iqbal- 780 F.3d 728, at 730 “What Johnson adds - what the defendants in this suit have failed to appreciate—is that federal courts retain jurisdiction to award damages for fraud that imposes extrajudicial injury. The Supreme Court drew that very line in Exxon Mobil ... Iqbal alleges that the defendants conducted a racketeering enterprise that predates the state court’s judgments ...but Exxon Mobil shows that the Rooker Feldman doctrine asks what injury the plaintiff asks the federal court to redress, not whether the injury is “intertwined” with something else …Because Iqbal seeks damages for activity that (he alleges) predates the state litigation and caused injury independently of it, the Rooker-Feldman doctrine does not block this suit. It must be reinstated.” So, as I already noted to others, I now have the chance to bring my case to SCOTUS; the ruling by Wood & Posner is flawed on numerous levels,BUT most troubling is the fact that the authors KNOW it's a flawed ruling and choose to ignore the flaws for one simple reason: The courts have decided to agree with former AG Eric Holder that national banks "Are too big to fail" and must win at any cost-even that of due process, case precedent, & the truth....Let's see if SCOTUS wants a bite at the apple.

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