Sunday, September 25, 2005

 

Investigation of Terri Schindler's case

This was posted on the Essential Truth blog, originally from The Empire Journal, and I had to post some of it here as well, since this case is so desperately close to my heart. Please visit The Empire Journal for the full article including associated documents, and please visit Essential Truth's blog as well.

The Disability Rights Section of the U.S. Department of Justice has directed the Office for Civil Rights of the Department of Health and Human Services to investigate a complaint filed in the Terri Schindler-Schiavo case to determine if alleged discrimination by a public entity violated the Americans with Disabilities Act of 1990 or Section 504 of the Rehabilitation Act of 1973.

Terri Schindler-Schiavo died on March 31 at age 41 at Woodside Hospice in Pinellas Park, Florida, as the result of her estranged husband Michael Schiavo obtaining judicial approval to kill his wife by withdrawing her nutrition and hydration. She had been a resident at hospice since April, 2000, and although regulations require that she be certified terminal with less than six months to live, she was not terminal. She was disabled due to a brain injury sustained in 1990 as the result of a sudden collapse which has never been explained.

Several days before Terri died, a New York special education teacher filed a detailed eight page complaint with the U.S. Department of Justice on behalf of Terri Schiavo alleging numerous violations of the Americans with Disabilities Act.

An immediate stay of execution was requested until the matter could be resolved.

But DOJ claims it didn’t receive the complaint until April 5 and by that time, Terri had died, 13 days after her feeding tube had been removed from her by judicial decree of Pinellas County probate court judge George W. Greer and after her parents, Mary and Robert Schindler Sr., took their efforts to save her live all the way to the U.S. Supreme Court trying to get a temporary restraining order to stop Judge George Greer’s execution after Congress and President Bush granted a de novo review of her case.

Danielle P. Miller, a teacher at Central Islip High School in Suffolk County filed a complaint on Terri’s behalf and served copies of it on Florida Gov. Jeb Bush, President George Bush, Florida Attorney General Charlie Crist, Lucy Hadi, secretary of the Department of Children and Families, and numerous other state and federal officials.

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