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Hello,
My Name is Jamyson. In November of 1991 My brother, sisters and I were kidnapped, placed into foster care and adopted out illegally. Because Our mom's roommates took my brother, sisters and I to the tulare county DHS and lied saying we were abandoned and abused. While our mother was out of town moving into our new home.
After being placed in foster care. I was sexually molested by our foster mom, placed on heavy psychotropic drugs, shuffled from foster home to foster home. Then I was transferred to Kern county where I spent the remainder of my time as a foster child.
So I filled a claim against Kern county in March 27th 2018 and on May 15th 2018 Kern county did not take any action on my claim. Which means they did not deny or approve my claim. Instead they gave jurisdiction to the Court by allowing me to file an action under the government code 945.6.
Then I filed a complaint against Tulare county about the same thing. And Tulare requested that I apply for leave to present late claim.
Because according to Government Code Section 911.6. Under some circumstances a late claim shall be granted. My claim qualifies because of circumstances 1-3 of the government code 911.6.
(b) The board shall grant the application where one or more of the following is applicable:
(1) The failure to present the claim was through mistake, inadvertence, surprise or excusable neglect and the public entity was not prejudiced in its defense of the claim by the failure to present the claim within the time specified in Section 911.2.
(2) The person who sustained the alleged injury, damage or loss was a minor during all of the time specified in Section 911.2 for the presentation of the claim.
(3) The person who sustained the alleged injury, damage or loss was physically or mentally incapacitated during all of the time specified in Section 911.2 for the presentation of the claim and by reason of such disability failed to present a claim during such time.
Circumstance number 1. Because it was by mistake. Because our mom's roommates took advantage of our mom being out town and lied. Our mom's roommates also took advantage of the fact our mom was mostly likely a little slow because she was suffering from a unknown brain tumor. That was later discovered.
Excusable neglect. Because the county social workers believed our mother's roommates and forced us to go along with the lies. We didn't know our 4th and 14th amendment rights were being violated. Because we didn't have any defense and there was no due process.
Circumstance number 2. We were all minors during the events and times indicated in government code 911.2
Circumstance number 3. I was mentally incapable of presenting a claim. Because according to my therapist the trauma from being kidnapped, sexually abused and placed on the medication. I dissociated myself from what happened and the damage was so bad. By the time I was taken off the medications I had completely forgotten why I was really in foster care.
But on July 17th 2018 Tulare county denied my leave to present a late claim. Because the cause of action was more than a year ago. Which means I have to fight it in court. And for relief from government code 945.4 as pursuant to government code 946.6.
So both Tulare and Kern county are not denying what happened to me. They are just fighting the statute of limitations.
You can get more info on my case at pacer.gov by looking us my case number 1:18-00699-LJO-BAM
https://youtu.be/zHv5fFWmiDs
My Name is Jamyson. In November of 1991 My brother, sisters and I were kidnapped, placed into foster care and adopted out illegally. Because Our mom's roommates took my brother, sisters and I to the tulare county DHS and lied saying we were abandoned and abused. While our mother was out of town moving into our new home.
After being placed in foster care. I was sexually molested by our foster mom, placed on heavy psychotropic drugs, shuffled from foster home to foster home. Then I was transferred to Kern county where I spent the remainder of my time as a foster child.
So I filled a claim against Kern county in March 27th 2018 and on May 15th 2018 Kern county did not take any action on my claim. Which means they did not deny or approve my claim. Instead they gave jurisdiction to the Court by allowing me to file an action under the government code 945.6.
Then I filed a complaint against Tulare county about the same thing. And Tulare requested that I apply for leave to present late claim.
Because according to Government Code Section 911.6. Under some circumstances a late claim shall be granted. My claim qualifies because of circumstances 1-3 of the government code 911.6.
(b) The board shall grant the application where one or more of the following is applicable:
(1) The failure to present the claim was through mistake, inadvertence, surprise or excusable neglect and the public entity was not prejudiced in its defense of the claim by the failure to present the claim within the time specified in Section 911.2.
(2) The person who sustained the alleged injury, damage or loss was a minor during all of the time specified in Section 911.2 for the presentation of the claim.
(3) The person who sustained the alleged injury, damage or loss was physically or mentally incapacitated during all of the time specified in Section 911.2 for the presentation of the claim and by reason of such disability failed to present a claim during such time.
Circumstance number 1. Because it was by mistake. Because our mom's roommates took advantage of our mom being out town and lied. Our mom's roommates also took advantage of the fact our mom was mostly likely a little slow because she was suffering from a unknown brain tumor. That was later discovered.
Excusable neglect. Because the county social workers believed our mother's roommates and forced us to go along with the lies. We didn't know our 4th and 14th amendment rights were being violated. Because we didn't have any defense and there was no due process.
Circumstance number 2. We were all minors during the events and times indicated in government code 911.2
Circumstance number 3. I was mentally incapable of presenting a claim. Because according to my therapist the trauma from being kidnapped, sexually abused and placed on the medication. I dissociated myself from what happened and the damage was so bad. By the time I was taken off the medications I had completely forgotten why I was really in foster care.
But on July 17th 2018 Tulare county denied my leave to present a late claim. Because the cause of action was more than a year ago. Which means I have to fight it in court. And for relief from government code 945.4 as pursuant to government code 946.6.
So both Tulare and Kern county are not denying what happened to me. They are just fighting the statute of limitations.
You can get more info on my case at pacer.gov by looking us my case number 1:18-00699-LJO-BAM
https://youtu.be/zHv5fFWmiDs
Organizer
Jamyson Harris
Organizer
Cottage Grove, OR