Pledge of Allegiance Suit

[MOUNTAINORACLE]

Two file Pledge of Allegiance suit
Defendants claim reciting the Pledge has been "damaging"
By TERESA RESSEL
Daily Journal Staff Writer
Apr 16, 2009 - 09:42:32 CDT
FARMINGTON — Two Farmington men have filed a lawsuit against the local court and the Missouri Supreme Court because they say they have been “coerced” to recite the Pledge of Allegiance before court proceedings here.

Robert Stamm Jr. and Robert Stamm Sr., both represented by Donald Hager, filed the lawsuit Monday in St. Francois County. Being sued are Kenneth Pratte, individually and as presiding judge of the 24th Judicial Circuit; Phillip Horn, individually and as circuit marshal; and Missouri Supreme Court Chief Justice Laura Denvir Stith, as the administrative officer as the judicial system.

The 13-page court document states since about 2001, people attending court in St. Francois County are compelled by Horn and Judge Pratte to recite the Pledge of Allegiance before court proceedings. When a law day begins, Horn announces, “Please rise!” and Judge Pratte enters, asking everyone to remain standing for the Pledge of Allegiance.

The Stamms argue that the “coerced recitation” of the Pledge Allegiance “especially since the addition of the “under God” language in 1954” violates the “clearly established precedent” of a 1943 court ruling and their rights under the Missouri and U.S. Constitutions.

Stamm Jr., who has a charge pending for statutory sodomy, and his father state they have been compelled to recite the Pledge no less than four times since Stamm Jr. has been charged.

The document alleges the plaintiffs, one who is blind and the other who has a low IQ, were damaged by doing so.

“The actions of Defendants Pratte and Horn in so doing were outrageous, wanton, willful, without just cause or excuse, and were committed with reckless disregard and callous indifference to the federally prosecuted rights of (the Stamms),” it reads.

They are asking for “fair and reasonable” judgment for actual and punitive damages, for attorney’s fees and for any other relief. It also asks that Pratte and Horn refrain from coercing people to recite the Pledge of Allegiance in court.

It argues the court has violated the separation of church and state and freedom of speech.

The document states the Knights of Columbus, a Catholic fraternal organization, was active in adding the words, “under God” to the Pledge of Allegiance. The document states Pratte and two of the three other judges in the county and Pratte’s court administrator are Catholic.

“The historical record of the Roman Catholic Church, with regard to the principle of separation of church and state, has been something less than stellar,” the document then reads.

It also alleges Justice Stith has failed to sufficiently supervise Pratte with respect to matters of the Circuit Court affecting the fundamental due process rights of persons who come before the court.

It asks her to implement a plan for Pratte to prevent conflicts of interest at the trial court level. The document questions the potential for conflict with Horn’s wife being the prosecuting attorney.

Teresa Ressel is a reporter for the Daily Journal and can be reached at 573-431-2010, ext. 179 or at tressel@dailyjournalonline.com.


Copyright © 2009 Daily Journal Online. All rights reserved.


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With the sorry state of affairs in this country the Judges will get sanctioned. I think these A**Holes should be given a one way ticket to anywhere that isn't a part of this country; France comes to mind.

oracle

[Sandcut]

If I remember correctly from reading through PA Code a while back, it is a summary offense to conduct a public meeting without first saying the Pledge of Allegiance.

Couldn't find the citation again doing a quick search. I'll have to dig.

[ReconLdr]

"Stamm Jr., who has a charge pending for statutory sodomy, and his father state they have been compelled to recite the Pledge no less than four times since Stamm Jr. has been charged.

The document alleges the plaintiffs, one who is blind and the other who has a low IQ, were damaged by doing so.

“The actions of Defendants Pratte and Horn in so doing were outrageous, wanton, willful, without just cause or excuse, and were committed with reckless disregard and callous indifference to the federally prosecuted rights of (the Stamms),” it reads."

I can not believe this shit still goes on and the courts still allow these suits to go forward. If "under god" is offensive to you, omit those words when you recite the pledge or simply remain silent. I these people are atheists they don't believe in god so they are simple uttering a word that has no meaning to them... How does this warrant our tax dollars to go forward.

How about if they don't like saying the pledge before court... DON'T BREAK THE LAW....

I wonder if I can sue the Stamms.... On the grounds that them wasting tax payer money on this bullshit lawsuit, which will cause me to get pissed off and possibly loose sleep...

[MrBi11]

I can see where standing while the pledge is said could damage them when the supprize butsekz from dad didn't bother him because he didn't see it comming.

[/sarcasm]