Parents for Label and Drug Free Education
National Vice President
White Plains, New York: Federal District Judge Conner
Motion to Dismiss Denied.
United States Federal Judge of the Southern District of New York, Judge William Conner, has ruled coerced child drugging case will stay in federal court. Senior District Judge denies motion to dismiss.
On August 7, 2002 little 12 year-old Michael Mozer’s horror story of school officials forcing him “To take a cocktail of drugs that turned him into a psychotic who heard voices in his head” hit the front cover of the New York Post. School officials, “Who went so far as to file a medical-neglect and child-abuse complaint against his mother with the State’s Department of Children and Family Services after she stopped the medication,” have lost their plea to have the case dismissed.
New Jersey lawyer Alan Milstein of Sherman, Silverstein, Kohl, Rose & Podolsky (www.sskrplaw.com) is handling this high profile case. Milstein raises the issue of informed consent and the claims that parents are not being provided with all information regarding the subjective nature of an ADHD diagnosis, alternatives to “medication”, and drug risks, among others. Milstein’s focus is also on the constitutional rights of the child.
Both the school and doctors’ attorney filed motion to have the legal action dismissed earlier this year. In an eleven page opinion and order of July, 2, 2003, Judge Conner ruled that this boy’s case will indeed be heard in federal court, officially dismissing the school’s and physicians’ attempts to get it thrown out.
This case has a national impact and has the power to reform the broken system of labeling and drugging children within the public education system.
“No child should endure what Michael Mozer has been through. With more and more legal cases pending, this should serve as a wake up call to ensure our children will not be trafficked into behavioral drug use through the public education system,” Sheila Matthews, National Vice President www.ablechild.org.
The sweeping trend of States passing laws to prevent forced drugging in the public schools, and Congress passing similar legislation in the form of the “Child Medication Safety Act of 2003” with a margin of 425 to 1, has led Senator John Ensign of Nevada to sponsor this Act in the Senate.
For further information on the legal aspects of this case contact Alan Milstein, www.sskrplaw.com.
Reference: New York Post Article by Douglas Montero, August 7, 2002.