HOUSTON - A federal judge is set to rule on whether to dismiss a physician executive’s complaint against a Harris County probate judge regarding the will of her guardianized mother who died while a Ward of the state.
Dr. Sheila Owens Collins sued the Honorable Judge Michael Newman in the Southern District of Texas in Houston, alleging intentional infliction of emotional distress and violation of her rights under the U.S. Constitution after he failed to appoint her executor of the family estate, according to a press release.
“The Honorable Judge Newman did little to bring civility, truth, and honor into the proceeding in a way that was not discriminatory,” Dr. Owens Collins wrote in her Dec. 2 response opposing dismissal. “The Honorable Judge Newman declared that the plaintiff was unsuitable to serve as the first name executor. The stated reason of family discord is unreasonable and not substantiated by case law.”
An initial pretrial and scheduling conference before Judge Peter Bray is set for Jan. 8, 2021.
As previously reported in the SE Texas Record, Mrs. Hattie Owens became a ward of the state under guardianship after her granddaughter, Aisha Ross, allegedly made a false report with Adult Protective Services against Dr. Owens Collins who was her mother's power of attorney at the time.
“Judge Newman demonstrated an overall bias to the court, appointed attorneys, their representatives and to disgruntled family members who gave the appointees misinformation that they acted on to further isolate and violate the Ward's Constitutional and American Disabilities Act (ADA) rights for the joint purpose of speeding up the Ward's demise to have early access to her assets,” Dr. Owens Collins stated in her brief.
Although Dr. Owens Collins is a neonatologist on staff at a Clearlake hospital and other hospitals nationwide, she was not appointed guardian of her mother Mrs. Hattie Owens. Instead, Dana Drexler, an attorney, was assigned.
Once appointed by a Judge, a guardian of a senior citizen, such as Mrs. Hattie Owens, is empowered to liquidate their assets, sedate the individual with physician-prescribed psychotropic medication, to deny choice of food, marital status, health insurance, medical care and even ban visits with friends and family members.
“The claim against the Honorable Judge Newman is specifically for failure to fairly adjudicate excessive claims for expenses and reimbursement from the estate of Hattie Owens and abuse of discretion in allowing monies from the estate to be paid to appointed attorneys despite evidence that there were deficiencies in their job performance and in their fulfillment of the ethical, financial and legal obligations to the Ward,” Dr. Owens Collins' pleading states.
In his Nov. 16 Motion to Dismiss, however, Defendant Judge Newman claims that he enjoys judicial immunity.
“Allegations of bad faith or malice are not sufficient to overcome judicial immunity,” Judge Newman’s Attorney Barbara Callistien wrote.