The Joplin Globe, Joplin, MO

Carthage, Jasper County

Discussion

May 23, 2008

Federal lawsuit dismissed; attorneys at odds on effect

By Susan Redden

sredden@joplinglobe.com

CARTHAGE, Mo. — A lawsuit that Emma France filed against Rita Hunter, Jasper County public administrator, has been dismissed in federal court.

Another lawsuit filed against Hunter by Delores Forste, France’s daughter, was sent back to Jasper County Circuit Court.

Attorneys for both sides agreed Friday as to the federal court rulings, but disagreed as to what those rulings mean.

Hunter said she was notified of the federal actions on Friday afternoon, adding “they’re telling me the suit’s been dismissed, and it’s over.”

Doug Harpool, a member of the Springfield law firm representing Hunter, said the dismissal means the end of the suit filed on France’s behalf against Hunter.

He predicted the other lawsuit, filed against Hunter by Forste, also will be dismissed.

“They sent that case back to state court, where I expect it will be dismissed, though it will take a little while,” said Harpool, who is representing Hunter on behalf of the county’s insurance carrier.

Richard Crites, a member of the Springfield firm representing France and Forste, said the France suit dismissed by federal court will be filed in Jasper County Circuit Court.

“It was dismissed without prejudice for lack of subject-matter jurisdiction; what they’re saying is that it belongs in state court, not in federal court,” Crites said. “And, it’s not over; we’re just getting started.”

He said the Forste suite was moved to federal court on a motion by Hunter’s attorney.

The lawsuits were filed in January on behalf of France, 95, formerly of Carthage, and Forste, France’s daughter, of Needles, Calif. The France suit was filed in federal court and sought $1 million in compensatory damages, plus punitive damages and other costs. The suit filed in Jasper County Circuit Court on behalf of Forste seeks “fair and reasonable” compensatory damages, plus punitive damages and costs.

Both lawsuits detailed events leading up to probate-court action May 16 in which France, after losing substantial money in telephone lottery scams, was named a ward of the public administrator. Testimony in support of the appointment indicated that France was not buying food or medicine, and instead was using her money on lotteries. Hunter said Forste was contacted about her mother’s problems and would not get involved.

Forste said she spoke to her mother frequently and knew about her financial losses. But, she said she was never notified of any court hearing or plans to make her mother a ward of the county. After the court ruling, Forste took her mother to visit relatives, then home with her to California.

France has said she wanted to stay in California, but Forste was charged with kidnapping her mother and was arrested two days before Thanksgiving. She spent nearly three weeks in jail before being returned to Jasper County, where she bonded out. The daughter’s actions to take her mother from the county translated to “abduction,” Hunter said.

The suits contend that France was made a county ward without due process, and in violation of her rights, and that those actions led to Forste’s arrest.



Aftermath

Emma France, Delores Forste and Steve Forste, her husband, have returned to California. Prosecution has been deferred in the kidnapping charges against Forste, and a probate court ruling has set aside orders that made France a ward of the public administrator’s office.

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