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NORTH CAROLINA CUMBERLAND COUNTY

IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION~~ ~ FILE NO. Cf& C (/0 (.:J'{I ,-;
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Shelby Jean Williams J. Delbert Williams Plaintiffs, vs. Melody Ann Scott Robert Doak Scott Defendants.
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COMPLAINT
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NOW COMES the Plaintiffs, by and through counsel, in the above entitled action, complaining of the Defendants, by alleging and saying: 1. That the Plaintiffs are citizens and residents of Sampson County, North Carolina; and that the Plaintiffs have been residents of Sampson County, North carolina, continuously for more than six months preceding the institution of this action. 2. That the Defendants are citizens and residents of ,Cumberland County, North Carolina; that the Defendants have been residents of Cumberland County, North Carolina, continuously for more that SlX months preceding the institution of this action. 3. That the Plaintiffs are the natural parents of the Defendant Melody Ann Scott and the mother-in-law and father-in-law of the Defendant Robert Doak Scott. 4. The Defendants are the natural mother and adoptive father of a minor child Christina Hope Spence, born October 1, 1980, in Fayetteville, Cumberland County, North Carolina. 5. The Plaintiffs are the maternal grandparents of said minor child.

6. That the Plaintiffs are fit and proper persons to have the care, custody and control of the minor child Christina Hope Spence, and it is in the best interests of said child that she be placed in the exclusive care, custody and control of her maternal grandparents, the plaintiffs herein. 7. That, pursuant to the provisions of North Carolina General statutes Section 50A-3, there exist facts justifying this Court to assume jurisdiction to determine the custody of the said minor child, and that,

SUSAN

iT. I-lALL

ATTOR~r;YATLl\w

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pursuant to the prov1s10ns of North Carolina General statutes section 50A-9, the Plaintiff respectfully shows unto the Court the following required information: (1) that the said minor child currently resides at New Bethany Baptist Church located in Arcadia, Louisiana, with no family, where the said minor child has resided since on or about the first weekend in November, 1995; (a) that previously the said minor child resided with the Defendants at Six G Maas Drive, Fort Bragg, Cumberland County, North Carolina, from on or abou~the October, 1994, until on or about the first weekend in November, 1995; (b) that from on or September, 1991, until on or around October, 1994, the said minor child resided with the Defendants on Glensford Drive, Fayetteville, North Carolina. (2) that the Plaintiff has not participated as a party, witness, or in any other capacity in any other litigation concerning the custody of the said minor child in this or in any other state: (3) that the Plaintiff has no information of any custody proceedings concerning the said minor child currently pending in a court of this or of any other state: and (4) that the Plaintiff knows of no other person not a party to these proceedings who has physical custody of the said minor child or who claims to have custody or visitation rights with respect to the said minor child. 8. That the circumstances of this case render it appropriate for this Court immediately to assume jurisdiction and to enter an order for temporary custody pursuant to N.C.G.S. Section 50-13.5(d)(2) in that: A. The Defendants have relinquished their parental rights and control over the minor child in that on or about the first weekend in November, without first investigating the institution, the Defendants did transfer guardianship of the said minor child to the Reverend Mack Ford and the New Bethany Baptist Church, in Arcadia, Louisiana I and agreed to the following conditions: 1) That the Defendants would relinquish all visitation rights with their minor child for the period of her confinement at the institution: 2) That the period of guardianship is for a minimum of twelve months and may continue longer if the Reverend Mack Ford deems it necessary;
,

3)

That corporal

punishment.may

be administered;

SUSAN
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e. HALL
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4) That the institution's administration read the minor child's incoming and outgoing mail; 5) That the Defendants the administration; 6) month. B. nature of Louisiana Oi vision 1988 and generated others: One will cooperate phone call

has

the right

to

with the decisions from the child

of

five to ten minute

each

Reports and court documents indicate that due to the extreme the corporal punishment at the New Bethany Baptist Church, the Department of Health .. and Human Resources Child Protective has removed over 28 gi2::1's'" "from the institution beginning in continuing thereafter. These reports and court documents, since 1981, include the following allegations of abuse, among students to clean out dog pens and pig pens with

1) Forcing their bare hands;

2) Paddling with a wooden paddle approximately 4 inches by 10 inches on their bare buttocks and commonly receiving ten to thirty licks by an employee or supervisor of the Home; these beatings have been known to draw blood; 3) "Sister" and "Brother" beatings where other students are to beat another student or to administer corporal punishment: 4) Failure of institution officials to obtain proper medical of students who have medical illnesses;

permitted treatment

5) Verbal and mental abuse in that the girls are taught to be totally subjected to the general male population, speaking only to a male when being spoken to and not being allowed to look a fellow male student in the eyes; the girls are often called "whores" and "sluts"; anyone 6) Silence for months; treatment where the students may not speak to

to perform

7) Placement of students in a "hot boxll outside adequately in school;

for failure

8) The Institution has no windows, radios, calendars, magazines, or televisions. Thus the children have no contact with the outside world. 9) The Institution is surrounded by a 9' wire fence with barbed wire, 24 hour guards, attack dogs, and one guarded gates. Many of the adult males wear army fatigues.

c. Furthermore, parents of former students and former students ~ave indicated to the Plaintiffs that the children arc taught racial

SUSAN

ATIOR.~EY-AT-LAW

a. HALL

hatred, complete disregard for the authorities, hated have been divorced, and women's inferiority to men.

of parents

who

D. Plaintiff Shelby Williams attempted to visit her granddaughter in mid-November, 1995, and was turned away at the gates of the institution by approximately fifty (50) male students and instructors, who carried rakes and shovels, spread out across a public road, and who rhythmically chanted: "We are here because God wants us here. We are here because God needs us here." The students banged the tools on the ground rhythmically with their chanting. The Plainti ff was refused visitation with her granddaughter.

1)
"She is ~. here."

Reverend Mack Ford~stated to Plaintiff Shebly Williams, You can't see her, even her parents can't get her out of and the how the

E. The Plaintiffs have attempted to discuss the institution the Plaintiff's concerns with the Defendants but are only told that minor child had become difficult. The Defendants would not specify the minor child had become difficult but merely stated she was in woods with Some boys and may have wanted to belong to a gang.

F. The Plaintiffs, upon information and belief, believe that the minor child was an "A-B" student and was not a problem child in school until the Defendants began pressuring the minor child to restrict herself to the family residence. The minor child has no criminal record or history of problem with law enforcement. G. The Defendant Robert Doak Scott has told the Plaintiff's son that he would not put one of his own children in a place like New Bethany, but he sent the minor child, who is his adoptive child, to the home. H. That minor child. the Defendants are not dedicated to taking care of the

I. That the minor child is In immediate danger of physical and psychological abuse if she remains in the custody of New Bethany Baptist Church. 9. That, in order to avoid controversy between the parties hereto with regard to the best interests and general welfare of the said minor child, it is in the best interests of the parties hereto and of the said minor child that this Court make an award of custody of the said minor child. 10. That both the Plaintiff and the Defendant have sufficient means to defray their respective costs, expenses and counsel fees as a result of this action. WHEREFORE, relief: the Plaintiff respectfully prays the Court for the

following

SUSAN

tJ. HALL

ATTOHNEY-AT-LAW

1. That this verified Complaint of the Plaintiff be allowed and taken as an affidavit of the Plaintiff upon which the Court may base all of its Orders in this case;
2.

and control October 1, said minor conditions

That the Plaintiffs be awarded the excl us i ve care, custody of the parties' said minor child Christina Hope Spence, born 1980, subject to reasonable visitation privileges with the chi ld being awarded to the Defendants herein under such and limitations as the Court may deem just and proper;

3. That the Defendants be ordered to produce the minor child before this Court on the court date set for the return hearing and/or the Defendants turn the minbr-~c}1ildover to the Plaintiffs before that same date.
4. That pending a full hearing on the merits of the previously filed Complaint, the Plaintiff be awarded the immediate temporary exclusive care, custody and control of the said minor children:

5. That law enforcement child, if necessary.

assist with the return of the minor

6. That the costs of this action, if the same be contested by the Defendant herein, be taxed against the Defendant; and
7. That the Plaintiff be granted relief as the Court may deem just and proper.

such other

and further

This the

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th day of February,

1996.

Susan J. Hall Attorney for Plaintiffs 111 Lamon Street, Suite 217 P.O. Box 713 Fayetteville, North Carolina telephone: 910-485-0955

28301

SUSAN

if.

HALL
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STATE OF NORTH CAROLINA COUNTY OF CUMBERLAND

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VERIFICATION

Shelby Jean Williams being first duly sworn, deposes and says that she is the plaintiff in the foregoing action, that she has read the foregoing COMPLAINT and is familiar with the contents thereof, that same is true of her own knowledge except as to those matters as may therein be alleged upon information and belief and as to those matters, she believes them to be true.

'~Un~~c~ She by Jea


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. llams
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Sworn to and subscribed before me this day of February, 1996.


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STATE OF NORTH CAROLINA COUNTY OF CUMBERLAND

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VERIFICATION

J. Delbert Williams being first duly sworn, deposes and says that he is the plaintiff in the foregoing action, that he has read the foregoing COMPLAINT and is familiar with the contents thereof, that same is true of his own knowledge except as to those matters as may therein be alleged upon information and bel ief and as to those matters, he believes them to be true.

Sworp~to and subscribed before me this the ~ day of February, 1996.

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SUSAN J.lIALL
A T'T'OR!'/I::Y-AT- --- ,_ ---, __
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