Saturday, December 29, 2012

CSBA: …Pants on Fire Part 3

In our third installment of our response to Candice Schwager's "Making a Difference" post we look at her comments about fighting for the little guy—when all they are asking for is what is owed to them in the first place?

As a tea party conservative, Candy's mantra is smaller government, less government spending, less taxes, etc., She rails against socialism, government handouts, over spending and the like.  In fact she follows that party line pretty strictly in her tweets and blog posts.  She also supports Rep. Paul Ryan's budget proposal that would in fact cut almost all federal aid intended to help states with programs and educational expenses for Special Needs children.

So Candice wants you to have exactly what you are owed by the system.  As a self proclaimed Tea Party Conservative/Social Conservative, that pretty much means the government owes you nothing.  Right? Obamacare=bad, Stimulus=bad, Medicare=bad, Medicaid=bad, Education Funding=bad, Govt. Mortgage Programs=bad—really, anything that would put federal dollars into something, save the military, is bad.

A few years ago, Candice decided to take her son's School District to court over what she felt was what was owed, by the system, to her and her family. When Candice "testified" in front of a senate panel on special needs education, she provided the panel her lawsuit filing as a handout. Here (Big File - Long Download) Lets look at some highlights of what she thinks the government owed her because of her son's physical and mental deficiencies:

(More after the Jump)


Page 63
Damages and Relief Requested
1. Disgorgement of all profits made by Jeff Rovers and RMG Law Firm in connection with claims asserted on Z.S.'s behalf vs. CCISD…
In other words, every dollar that Jeff Rovers and the RMG Law Firm billed the CCISD concerning Candy's lawsuit against the CCISD should go to Candice.  In TeaParty-ese this is called #WealthRedistribution—in the tea party world, this is very bad, but it is usually framed with the abstraction of higher taxes on the wealthy, not literally direct wealth redistribution which is exactly what Candice asks the court for.  In Candy's world, this is simply what is owed to her.  Another interesting observation, why did this point come first?
3. Temporary restraining order, temporary injunction and permeant injunction against Jeff Rogers, RMG Law Firm, CCISD and all Defendants prohibiting further retaliation, harassment or intimidation of the Schwager Family.
4. Reasonable attorneys fees to hire a civil rights attorney to assume lead in this case in addition to the $1600.00 in attorney's fees incurred in the Section 504 case prior to counsel's withdrawal…
So, despite being an attorney who "specializes" in litigating special needs claims, she wants the court to order the CCISD to pay for a REAL "Civil Rights Attorney" to take over this lawsuit in order to represent her, her son and her husband.  She also wants $1,600 in reimbursed legal fees.  Seriously, this is part of the focus of her practice—special needs litigation, but she wants the CCISD/Government to pay for what, a "better" attorney to represent her?  Two phrases for that #LegalWelfare & #BadMarketing.
5. Lost income suffered by Ms. Schwager on her primary job and in her special education practice…
So, because she is bringing this "pro-bono" lawsuit to court, she should get paid for the time she supposedly could have been working on other "pro-bono" lawsuits against the CCISD, representing other parties of course.  Naturally, in those cases, she would be asking for attorney's fees and expenses, and despite being pro-bono, she would expect a percentage of the damages award, which no doubt would also ask for the redistribution of wealth thru the disgorgement of profits by the law firm representing the CCISD. #DoubleDipping #Welfare  However, if you look at the amount of blogging, tweeting and posting that occurs during business hours, one could conclude that there really wasn't much income to be lost.  #CashGrab #CandyIsPartOfThe47Percent
5. $500 for IV treatments for stress-induced exhaustion…and $150 per treatment needed throughout the pendency of this trial…
What, socialized medical care?  Really, Candice needs government sponsored IV treatments while the trial proceeds?  If she gets so stressed out over trials, how could she possibly represent others as their lawyer.  While many would see this as something that squarely falls under #Obamacare, we will dub it #CandyCare since 1) Candice is against Obamacare, and 2) taking care of Candy's exhaustion is really just something the Government owes her.  #GOPArithmetic Personally, we think what she really needs is a good enema (2 for $2.99 on drugstore.com),  'cause god knows she is definitely full of it. #SponsoredByFleet  (We bet Rick can attest to her needing a good douche as well) #CandyDoucheBag
6. $75,000 for mental anguish and suffering, resulting in a 10-pound weight loss, the inability to eat or sleep, stress induced exhaustion, depression, anxiety, and extreme emotional pain and suffering caused by Defendants' conspiracy…in an effort to exhaust the Schwagers financially, emotionally, and physically…causing Ms. Schwager to hire a body guard to assure her family's safety.
A body guard, really?  Why not add a meditation guru, a full time massage therapist, personal physical Brazilian wax technician and a therapy pony for good measure.  Heck, I say go for it, get a full orchestra to lullaby your seemingly crazy ass to sleep—I mean it couldn't hurt, and maybe one less IV treatment to boot?  In all seriousness tho, a body guard to protect you from what— The #ShortBusMafia?  I wonder which part of Constitution or amendments guarantees the right to and funding of a body guard? Maybe right after the right to bare arms? #BodyGuardStimulus #FluffingMuscleMen Asking for money because she lost 10 lbs: #BestDietEver.
7. $75,000 for mental anguish, loss of consortium, extreme stress from loss of income and emotional anguish suffered by Richard Schwager…the Schwager experienced such a high degree of fear for their safety and hired a body guard to ensure that he and children remained safe.
Rick needed a body guard too? Hmmm #WhyLiftWeights if you need a bodyguard? Loss of CONSORTIUM-i.e. no sex? WTF—So Rick and Candice were not having sex, so he should get money for that? #FapFactory I would expect he should be grateful for the VACATION
8. $75,000 for mental anguish, pain, suffering resulting in the need for psychological counseling for Z.S…
So poor, Z.S.  the lawsuit is on his behalf, but clearly his mother and father should get their #WelfareChecks first.  He didn't even get his own body guard or therapy pony.  
9. Punitive Damages…
So $225,000 + $1,600 + $500 + $150 x _ + RMG's legal fees are not enough, she wants more! #47Percent #Entitlements #WealthRedistribution #CandyCare #LotteryLawsuits
9. Pre-Judgement interest in the amount of 18% and Post-Judgement interest in the amount of 6% and costs of court.
And she wants more court costs and INTEREST too!  #CashGrab #Welfare #CherryOnTop
10. Payment in full for a Comprehensive Independent Education Evaluation in all areas of suspected disability
This is the kicker, in her own words, her son needs to be independently evaluated for his areas of "suspected disability." this goes back to the premiss of the lawsuit in the first place.  The school district evaluated Z.S. and did not feel that he was as disabled as greatly as the Schwager's did.  CCISD's evaluation determined the level of "special education" that Z.S. needed but Candice felt he should have a greater amount of special attention.  At the heart of this lawsuit is the debate on how much responsibility a school district should have in the education of a child.  Many of the Tea Party, including Candice, advocate federal budgets that do not include any more money for a special needs child's education then any other student, likewise they advocate state budgets that slash educational funding, which ultimately hurts special needs students the most.  In fact, the general idea that the government is responsible for any aspect of a persons education, health or welfare is considered socialist and/or communist by most of the Tea Party, including Candice.  Should tax payers be paying for more resources to go to the education of Candice's son, because she feels he needs more special needs education resources then the school district's evaluation determined, or should he get the same access to education as everyone else with Candice being responsible for his special needs?

The Offshoot is that if she gets her way and special needs funding is slashed to nothing by Federal Budget and State Budgets, then her law practice will get more calls from those who LEGITIMATELY need special needs education being forced to litigate for services.  #ReallyAbout$$$s #LongTermInvestment #ShakeDown 
11. Payment for one year of counseling services for Z.S. at $120 per hour…
We at CSBA feel that Z.S. could probably benefit a lot from counseling, but again should it be Candy's responsibility or the tax payer's responsibility.  #CashGrab #LegalWelfare #47Percent  

For those keeping score, We want to point out that Candice Schwager's house was foreclosed upon. In early 2012, after appealing the eviction,  a court ordered her eviction from that house.  Like many homes out there today, Candy had purchased her home with government assistance, so when it was foreclosed upon, it was We the Taxpayers who were left holding the bag. #47Percent #Hypocrite

So Candice wants you to have exactly what you are owed by the system.  As a self proclaimed Tea Party Conservative/Social Conservative, that pretty much means Candy feels that the government owes you nothing—unless your name is Candice Schwager, then of course, the government owes you a lot, with interest.

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