Nebus v. Hironimus: Difference between revisions

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Nebus vs. Hironimus is a ~~current~~ case in South Florida where two parents ~~have~~ a long drawn fight over the genital integrity of their child.

'''Nebus vs. Hironimus''' was a 2010-2015 case in South Florida where two parents had a long drawn-out fight over the [[genital integrity]] of their child.

C.R.N.H. was born in 2010. The parents, [[Dennis Nebus]] and [[Heather Hironimus]], were never married. In December of 2010, Nebus filed for paternity.

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== State case ==

In 2014, Nebus decided to move ahead with the circumcision. By then, Hironimus had researched the topic of circumcision and decided that she didn't want her son to be subjected to the procedure. Hironimus claimed that in a previous surgery C.R.N.H. had problems waking from the anesthesia, and she feared that the mandatory general anesthesia could cause the child's death. C.R.N.H. had also shown to have scarring issues, which also create a concern for the circumcision.

In 2014, Nebus decided to move ahead with the [[circumcision]]. By then, Hironimus had researched the topic of [[circumcision]] and decided that she didn't want her son to be subjected to the procedure. Hironimus claimed that in a previous surgery C.R.N.H. had problems waking from the anesthesia, and she feared that the mandatory general anesthesia could cause the child's death. C.R.N.H. had also shown to have scarring issues, which also create a concern for the circumcision.

Nebus claimed that C.R.N.H. wet his leg during urination, something he attributed to phimosis and expected to cure with the circumcision.

Nebus claimed that C.R.N.H. wet his leg during [[urination]], something he attributed to [[phimosis]] and expected to cure with the circumcision.

A medical expert, Dr. Charles Flack, testified that C.R.N.H. had no need for the circumcision. Flack also listed some of the common benefits, including the (incorrect) statement that penile cancer only occurs on [[~~uncircumcised~~]] males, and the claim reduction of HIV infection.

A medical expert, [https://www.jdch.com/providers/f/flack-charles-e Dr. Charles Flack], testified that C.R.N.H. had no need for the [[circumcision]]. Flack also listed some of the common benefits, including the (incorrect) statement that penile cancer only occurs on [[intact]] males, and the claim reduction of [[HIV]] infection.

On May of 2014, Judge [[Jeffrey Dana Gillen]] sided with the father, suggesting that the procedure can be performed with local anesthesia (which is not the case) and ignoring an important change in circumstances: at 3 and 1/2 years, C.R.N.H. is already aware of his body and afraid of a surgery, which increases the risk for trauma and psychological harm.

On May of 2014, Judge [[Jeffrey Dana Gillen]] sided with the father, suggesting that the procedure can be performed with local anesthesia (which is not the case) and ignoring an important change in circumstances: at 3 and 1/2 years, C.R.N.H. is already aware of his body and afraid of a surgery, which increases the risk for [[trauma]] and psychological harm.

Gillen ordered Hironimus to sign the consent forms, and stated that if she did not sign, Nebus signature would suffice to perform the procedure. Gillen also ordered Hironimus not to express in any way to C.R.N.H. her disagreement with the circumcision.

Hironimus set up a donation page to fund an appeal. Nebus objected to the fundraiser. A gag order was imposed. Intactivists then set up their own fundraiser to help Hironimus appeal.<ref>{{REFweb

Hironimus set up a donation page to fund an appeal. Nebus objected to the fundraiser. A gag order was imposed. [[Intactivists]] then set up their own fundraiser to help Hironimus appeal.<ref>{{REFweb

|url=http://articles.sun-sentinel.com/2014-07-19/news/fl-parents-battle-over-circumcision-20140719_1_male-circumcision-intact-america-dennis-nebus

|title=Courts hear parents battle over circumcision

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== Domestic violence center ==

in February of 2015, Nebus tried to schedule a pre-surgical appointment with Doctor Subhash Puranik from Plantation, Florida, without letting Hironimus know in advance. Hironimus and her now 4-year-old son sought refuge at a domestic violence shelter in an undisclosed location, stating that she fears for her son’s psychological well-being and requesting an attorney appointed to represent him before he can have the operation.

In February of 2015, Nebus tried to schedule a pre-surgical appointment with Doctor Subhash Puranik from Plantation, Florida, without letting Hironimus know in advance. Hironimus and her now 4-year-old son sought refuge at a domestic violence shelter in an undisclosed location, stating that she fears for her son’s psychological well-being and requesting an attorney appointed to represent him before he can have the operation.

Intactivists protested outside the offices of Dr. Puranik on February 23.<ref>{{REFnews

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On May 22th, Hironimus appeared before Judge Gillen, who demanded she signed the consent form for circumcision. Hironimus initially declined. Gillen informed her that she would be detained indefinitely until she signs the agreement. Hironimus then changed her mind, and signed the papers handcuffed and visibly altered. Photos of her signature focused on the distressed expression of Hironimus.

The attorney for Nebus requested permission to remove C.R.N.H. from Florida in order to schedule the circumcision, arguing that the involvement from the intactivist community created particular risks and made the scheduling of the procedure more difficult. The previous parental agreement is now void, and Nebus is not required to inform Hironimus of the procedure, in advance or afterwards.<ref>{{REFweb

The attorney for Nebus requested permission to remove C.R.N.H. from Florida in order to schedule the circumcision, arguing that the involvement from the [[intactivist]] community created particular risks and made the scheduling of the procedure more difficult. The previous parental agreement is now void, and Nebus is not required to inform Hironimus of the procedure, in advance or afterwards.<ref>{{REFweb

|url=http://rt.com/usa/261357-court-circumcision-mother-prison/

|title=Crying and shackled, mother consents to son’s circumcision after being jailed

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|accessdate=2015-05-28

}}</ref>

===Heather Hironimus signs consent form for circumcision of 4 and 1/2 year old son under extreme duress===

<youtube>Btxl4UGBdpc</youtube>

== Criminal charges ==

Once signed the ~~papers~~, Hironimus was no longer in contempt of the court. However she was not released that day from jail, as criminal charges raised by Sheriff Ric Bradshaw (a defendant in the now dismissed federal case) were now pending.

Once she signed the consent, Hironimus was no longer in contempt of the court. However she was not released that day from jail, as criminal charges raised by Sheriff Ric Bradshaw (a defendant in the now dismissed federal case) were now pending.

== Release from jail ==

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On June 8th, Thomas Hunker filed an urgent motion seeking an injunction to halt the procedure, scheduled by Nebus to be performed by Dr. Gary Birken at the [https://www.jdch.com Joe DiMaggio Children's Hospital] on Thursday June 11th.

The motion claimed that medical records said the boy has pain and inflammation in his penis and said she was concerned because the boy didn’t have these symptoms before custody was transferred from her to the father, Dennis Nebus, 47, of Boca Raton.

The motion claimed that medical records said the boy has [[pain]] and inflammation in his [[penis]] and said she was concerned because the boy didn’t have these symptoms before custody was transferred from her to the father, Dennis Nebus, 47, of Boca Raton.

She is concerned that “someone may have harmed the child’s genitals in order to produce these symptoms,” the motion said.

Palm Beach County Circuit Judge Jessica Ticktin (replacing Judge Gillen since June 1st) denied the motion on June 9th.

* [[Complication]]

* [[Informed consent]]

* [[Circumcision legal commentary]]

* [[Surrogate consent]]

* [[Wrongful circumcision]]

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}}

* {{REFdocument

|title=Brief of Amici Curiae to the Florida Court of Appeal for the Fourth Circuit

|url=https://pool.intactiwiki.org/w/images/Hironimus_Amicus_Brief_DOC_ARC_IA.pdf

|contribution=

|last=

|first=

|publisher=

|date=

|format=PDF

|accessdate=2023-10-05

}}

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[[Category:Jurisprudence]]

[[Category:Lawsuit]]

[[Category:Legal comment]]

[[Category:Litigation]]

[[Category:Litigation over circumcision]]

[[Category:From IntactWiki]]

@@ Line 6: / Line 6: @@
 |}
-Nebus vs. Hironimus is a current case in South Florida where two parents have a long drawn fight over the genital integrity of their child.
+'''Nebus vs. Hironimus''' was a 2010-2015 case in South Florida where two parents had a long drawn-out fight over the [[genital integrity]] of their child.
 C.R.N.H. was born in 2010. The parents, [[Dennis Nebus]] and [[Heather Hironimus]], were never married. In December of 2010, Nebus filed for paternity.
@@ Line 24: / Line 24: @@
 == State case ==
-In 2014, Nebus decided to move ahead with the circumcision. By then, Hironimus had researched the topic of circumcision and decided that she didn't want her son to be subjected to the procedure. Hironimus claimed that in a previous surgery C.R.N.H. had problems waking from the anesthesia, and she feared that the mandatory general anesthesia could cause the child's death. C.R.N.H. had also shown to have scarring issues, which also create a concern for the circumcision.
+In 2014, Nebus decided to move ahead with the [[circumcision]]. By then, Hironimus had researched the topic of [[circumcision]] and decided that she didn't want her son to be subjected to the procedure. Hironimus claimed that in a previous surgery C.R.N.H. had problems waking from the anesthesia, and she feared that the mandatory general anesthesia could cause the child's death. C.R.N.H. had also shown to have scarring issues, which also create a concern for the circumcision.
-Nebus claimed that C.R.N.H. wet his leg during urination, something he attributed to phimosis and expected to cure with the circumcision.
+Nebus claimed that C.R.N.H. wet his leg during [[urination]], something he attributed to [[phimosis]] and expected to cure with the circumcision.
-A medical expert, Dr. Charles Flack, testified that C.R.N.H. had no need for the circumcision. Flack also listed some of the common benefits, including the (incorrect) statement that penile cancer only occurs on [[uncircumcised]] males, and the claim reduction of HIV infection.
+A medical expert, [https://www.jdch.com/providers/f/flack-charles-e Dr. Charles Flack], testified that C.R.N.H. had no need for the [[circumcision]]. Flack also listed some of the common benefits, including the (incorrect) statement that penile cancer only occurs on [[intact]] males, and the claim reduction of [[HIV]] infection.
-On May of 2014, Judge [[Jeffrey Dana Gillen]] sided with the father, suggesting that the procedure can be performed with local anesthesia (which is not the case) and ignoring an important change in circumstances: at 3 and 1/2 years, C.R.N.H. is already aware of his body and afraid of a surgery, which increases the risk for trauma and psychological harm.
+On May of 2014, Judge [[Jeffrey Dana Gillen]] sided with the father, suggesting that the procedure can be performed with local anesthesia (which is not the case) and ignoring an important change in circumstances: at 3 and 1/2 years, C.R.N.H. is already aware of his body and afraid of a surgery, which increases the risk for [[trauma]] and psychological harm.
 Gillen ordered Hironimus to sign the consent forms, and stated that if she did not sign, Nebus signature would suffice to perform the procedure. Gillen also ordered Hironimus not to express in any way to C.R.N.H. her disagreement with the circumcision.
-Hironimus set up a donation page to fund an appeal. Nebus objected to the fundraiser. A gag order was imposed. Intactivists then set up their own fundraiser to help Hironimus appeal.<ref>{{REFweb
+Hironimus set up a donation page to fund an appeal. Nebus objected to the fundraiser. A gag order was imposed. [[Intactivists]] then set up their own fundraiser to help Hironimus appeal.<ref>{{REFweb
   |url=http://articles.sun-sentinel.com/2014-07-19/news/fl-parents-battle-over-circumcision-20140719_1_male-circumcision-intact-america-dennis-nebus
   |title=Courts hear parents battle over circumcision
@@ Line 58: / Line 58: @@
 == Domestic violence center ==
-in February of 2015, Nebus tried to schedule a pre-surgical appointment with Doctor Subhash Puranik from Plantation, Florida, without letting Hironimus know in advance. Hironimus and her now 4-year-old son sought refuge at a domestic violence shelter in an undisclosed location, stating that she fears for her son’s psychological well-being and requesting an attorney appointed to represent him before he can have the operation.
+In February of 2015, Nebus tried to schedule a pre-surgical appointment with Doctor Subhash Puranik from Plantation, Florida, without letting Hironimus know in advance. Hironimus and her now 4-year-old son sought refuge at a domestic violence shelter in an undisclosed location, stating that she fears for her son’s psychological well-being and requesting an attorney appointed to represent him before he can have the operation.
 Intactivists protested outside the offices of Dr. Puranik on February 23.<ref>{{REFnews
@@ Line 142: / Line 142: @@
 On May 22th, Hironimus appeared before Judge Gillen, who demanded she signed the consent form for circumcision. Hironimus initially declined. Gillen informed her that she would be detained indefinitely until she signs the agreement. Hironimus then changed her mind, and signed the papers handcuffed and visibly altered. Photos of her signature focused on the distressed expression of Hironimus.
-The attorney for Nebus requested permission to remove C.R.N.H. from Florida in order to schedule the circumcision, arguing that the involvement from the intactivist community created particular risks and made the scheduling of the procedure more difficult. The previous parental agreement is now void, and Nebus is not required to inform Hironimus of the procedure, in advance or afterwards.<ref>{{REFweb
+The attorney for Nebus requested permission to remove C.R.N.H. from Florida in order to schedule the circumcision, arguing that the involvement from the [[intactivist]] community created particular risks and made the scheduling of the procedure more difficult. The previous parental agreement is now void, and Nebus is not required to inform Hironimus of the procedure, in advance or afterwards.<ref>{{REFweb
   |url=http://rt.com/usa/261357-court-circumcision-mother-prison/
   |title=Crying and shackled, mother consents to son’s circumcision after being jailed
@@ Line 151: / Line 151: @@
   |accessdate=2015-05-28
 }}</ref>
+===Heather Hironimus signs consent form for circumcision of 4 and 1/2 year old son under extreme duress===
 <youtube>Btxl4UGBdpc</youtube>
 == Criminal charges ==
-Once signed the papers, Hironimus was no longer in contempt of the court. However she was not released that day from jail, as criminal charges raised by Sheriff Ric Bradshaw (a defendant in the now dismissed federal case) were now pending.
+Once she signed the consent, Hironimus was no longer in contempt of the court. However she was not released that day from jail, as criminal charges raised by Sheriff Ric Bradshaw (a defendant in the now dismissed federal case) were now pending.
 == Release from jail ==
@@ Line 173: / Line 173: @@
 On June 8th, Thomas Hunker filed an urgent motion seeking an injunction to halt the procedure, scheduled by Nebus to be performed by Dr. Gary Birken at the [https://www.jdch.com Joe DiMaggio Children's Hospital] on Thursday June 11th.
-The motion claimed that medical records said the boy has pain and inflammation in his penis and said she was concerned because the boy didn’t have these symptoms before custody was transferred from her to the father, Dennis Nebus, 47, of Boca Raton.
+The motion claimed that medical records said the boy has [[pain]] and inflammation in his [[penis]] and said she was concerned because the boy didn’t have these symptoms before custody was transferred from her to the father, Dennis Nebus, 47, of Boca Raton.
 She is concerned that “someone may have harmed the child’s genitals in order to produce these symptoms,” the motion said.
 Palm Beach County Circuit Judge Jessica Ticktin (replacing Judge Gillen since June 1st) denied the motion on June 9th.
+{{SEEALSO}}
+* [[Complication]]
+* [[Informed consent]]
+* [[Circumcision legal commentary]]
+* [[Surrogate consent]]
+* [[Wrongful circumcision]]
 {{LINKS}}
@@ Line 191: / Line 197: @@
 }}
+* {{REFdocument
+ |title=Brief of Amici Curiae to the Florida Court of Appeal for the Fourth Circuit
+ |url=https://pool.intactiwiki.org/w/images/Hironimus_Amicus_Brief_DOC_ARC_IA.pdf
+ |contribution=
+ |last=
+ |first=
+ |publisher=
+ |date=
+ |format=PDF
+ |accessdate=2023-10-05
+}}
 {{REF}}
@@ Line 196: / Line 213: @@
 [[Category:Jurisprudence]]
 [[Category:Lawsuit]]
+[[Category:Legal comment]]
 [[Category:Litigation]]
 [[Category:Litigation over circumcision]]
 [[Category:From IntactWiki]]