Legal Magazine

My Family in Missouri is Trying to Have My Wife and Me Declared Incapacitated in the Wake of Assault by Missouri Deputies That Left Her with a Broken Arm

Posted on the 07 October 2015 by Rogershuler @RogerShuler

My family in Missouri is trying to have my wife and me declared incapacitated in the wake of assault by Missouri deputies that left her with a broken arm

Cowherd Construction in
Springfield, Missouri

My family in Missouri--specifically my two brothers--are trying to have my wife, Carol, and me declared incapacitated and disabled, an apparent first step toward taking away many of our rights that could end with physical commitment.
Documents have been filed in Greene County Probate Court, asking that a guardian or conservator (or both) be appointed for us. This area of the law is new to me, and I'm still researching it, but my understanding is that this can lead to the loss of many rights--the right to manage your financial affairs, the right to manage your own health care, the right to vote, the right to file a lawsuit . . . well, you get the idea.
Evidence suggests that last item--the right to file a lawsuit--is the real reason these cases have been filed. They were filed on September 29 and 30, roughly 20 days after Missouri sheriff's deputies conducted an unlawful eviction that left Carol with a broken left arm (which required repair from a trauma surgeon) and a badly bruised right arm. This blatant example of police brutality took place as Greene County Sheriff Jim Arnott stood and watched, pointing a finger and claiming Carol had assaulted a police officer--when, in fact, all she had done was try to enter our apartment (as she had been given permission to do) to retrieve our cat's litter box.
By the way, Carol had a followup visit yesterday with her surgeon, and her recovery seems to be going well. We will have more details in a few days, hopefully with copies of X-rays that show the extensive damage to her arm and reflect the brutality that was involved in the assault. (A personal message from Carol's Facebook page about her recovery is at the end of this post.)
Who has reason to be worried about the events of September 9, 2015? The eviction had been schedule inside the 10-day window during which, under Missouri law, no execution (such as an eviction) can be levied. Court documents indicate the Lowther Johnson law firm of Springfield, Missouri, representing landlord Trent Cowherd and Cowherd Construction, unlawfully scheduled the eviction. That means both the firm and landlord stand to be liable for Carol's injuries--and other damages we suffered--so they have reason for concern.
Not only was the eviction unlawfully scheduled, I timely filed a notice of appeal on September 8, which put an automatic stay on execution. Attorneys in the case--Gregory Lulich, of Lowther Johnson, and my brother, David Shuler of the Shuler law firm, who was representing our mother, Gondylyn ("Gondy") Shuler because Cowherd had included her as a defendant, with no grounds for doing so--were timely served with our Notice of Appeal and had every reason to know that execution was stayed. That Lulich and David Shuler, and their law firms, allowed a stayed eviction to take place means they stand to be liable for Carol's injuries--and other damages we've suffered--so they have reason for concern.
Finally, Sheriff Arnott and his deputies brutalized and seriously injured a 55-year-old woman who posed no threat to them--on a day, and under conditions, where law enforcement had no grounds to be on the property. In an environment of growing concern about police misconduct, which ironically started in August 2014 with the death of Michael Brown in Ferguson, Missouri, Arnott and his crew have reason to be concerned.
Are Carol and I really incapacitated and disabled--and do we really need a guardian or conservator? Of course not--and while we have been the victims of 15 years worth of court-related abuse, and we both have been diagnosed with PTSD after my unlawful incarceration and (likely) wrongful foreclosure on our home of 25 years--the notion that we can't handle our affairs is preposterous. We have, however, refused to stay quiet about the abuses we've suffered--and similar abuses heaped on other litigants in Alabama and elsewhere--and my determination to continue such reporting on this blog likely is the reason someone wants to legally have me declared a "nut job." I've already been kidnapped and thrown in jail for five months in Alabama, and this appears to be a slightly different version of the same tactic. In fact, I would not be surprised if the idea originated in Alabama, with someone serving as "liaison" for conservative legal and political forces that want to do us harm in both that state and Missouri.
So what is going on with this effort to more or less turn us into wards of the state? I'm still trying to figure that out. But readers can check out the basics by going to this link, clicking on "litigant name search," and keying in either my name (Roger Alan Shuler) or my wife's name (Carol Tovich Shuler). The style on my case, for example, is "1531-PR00897 - ROGER ALAN SHULER INP and DIS." The style and docket entries on Carol's case are pretty much identical. "INP and DIS" apparently stand for incapacitated and disabled.

My family in Missouri is trying to have my wife and me declared incapacitated in the wake of assault by Missouri deputies that left her with a broken arm

David Shuler of Shuler Law Firm

Curiously, the petitioner in both cases is listed as my brother Paul James Shuler, who works as a radiology technician at Mercy Hospital in Springfield. Last I heard, he now does imaging mostly in the hospital's Cardiac Cath Lab. What does Paul know about Carol and me, and our situation? What does he know about the long line of legal cheat jobs that have cost us just about everything we owned? The answer, best I can tell, is almost nothing.
That makes me think my other brother, lawyer David Shuler, is driving this slippery train--probably in an effort to protect his cronies in the legal, law-enforcement, and landlord communities. David has a company called Old Ivy Properties, which mainly seems to deal with rental units, so he's tied in with landlords. For good measure, he started another company less than a month ago, called G Shuler Properties, and I'm not sure what that's about. Our mother's name is Gondy, so does the "G" stand for her name? That would be my guess. Why, at age 86, does she suddenly need something called "G Shuler Properties"? I have no idea.
I'm still learning the law on all of this "INP and DIS" stuff, but it certainly is emitting a foul odor--the kind I grew to recognize quickly while living in Alabama. In fact, I'm learning that odors coming from Missouri courtrooms can be every bit as rank as the ones that come from the "halls of justice" in the Heart of Dixie. One big difference? In Missouri, I seem to have two brothers who are right in the thick of the sleaze.
Following is a message from my wife, Carol Tovich Shuler, about her recovery from the brutality heaped upon her by Missouri deputies. A special thank you to Dr. Brian Buck, and his trauma team at Cox Medical Center South in Springfield. Dr. Buck and his team also are affiliated with the University of Missouri in Columbia. They have provided Carol with top-notch care, and we deeply appreciate it.
From Carol Tovich Shuler:
Had a follow-up appt with my ortho trauma surgeon today. He was pleased with the results thus far, but I have a long way to go. They removed the stitches from ~8-10" long incision & took additional xrays. It was the first ones I've seen. It was rather horrifying seeing all the hardware in my arm...all the titanium plates, screws & pins. And my elbow looks like a jigsaw puzzle, it is in so many pieces. My arm was truly shattered by these maniac cops. Today they put me in a post-op compression sleeve to help with swelling & the healing process. However, I can't help but worry my arm will never be the same again. And that these freaks responsible will never be held accountable for all the trauma, loss & civil rights violations inflicted upon me & my family

Back to Featured Articles on Logo Paperblog