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Nebus v. Hironimus

69 bytes removed, 13:05, 29 December 2020
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adjustes REFs, added category Jurisprudence
A parenting agreement was filed in January of 2012. In the agreement, Hironimus agreed to the circumcision, which Nebus was to schedule and pay for in a timely manner. C.R.N.H. was slightly over one year of age at the time. Nebus, however, did not move to schedule the circumcision.<ref>{{REFweb
| quote= | url=http://www.browardpalmbeach.com/news/florida-mom-fights-court-order-to-circumcise-her-3-year-old-son-6454262 | title=Florida Mom Fights Court Order to Circumcise Her 3-Year-Old Son | last=Deirdra | first=Funcheon | publisher= | website=Broward Palm Beach New Times | date=2014-05-14 | accessdate=2015-05-28
}}</ref>
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
| quote= | 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 | last=Freeman | first=Marc | publisher= | website=Sun Sentinel | date=2014-07-19 | accessdate=2015-05-28
}}</ref>
On Thursday, November 6th, the 4th District Court of Appeal in West Palm Beach denied her motion without a written opinion, closing the possibility for a second appeal.<ref>{{REFweb
| quote= | url=http://www.sun-sentinel.com/local/palm-beach/fl-parents-circumcision-battle-update-20141213-story.html | title=Appellate court won't halt circumcision for 4-year-old Palm Beach County boy | last=Freeman | first=Marc | publisher= | website=Sun Sentinel | date=2015-05-28 | accessdate=2014-12-12
}}</ref>
Intactivists protested outside the offices of Dr. Puranik on February 23.<ref>{{REFnews
|last=
|first=
|url=http://jewishbusinessnews.com/2015/02/23/circumcision-of-four-year-old-boy-scheduled-protesters-target-surgeon/
|title=Circumcision of Four-Year-Old Boy Scheduled, Protesters Target Surgeon
|publisher=Jewish Business News
|quote=
|date=2015-02-23
|accessdate=2015-06-12
Nebus filed for contempt of court. Judge Gillen set March 10 as a deadline for Hironimus to appear in court with C.R.N.H. before he sign a warrant for her arrest.<ref name=DVC>{{REFweb
| quote= | url=http://www.sun-sentinel.com/local/palm-beach/fl-circumcision-court-battle-hearing-20150310-story.html | title=Judge orders West Boynton mom's arrest in circumcision case | last=Freeman | first=Marc | publisher= | website=Sun Sentinel | date=2015-03-10 | accessdate=2015-05-25
}}</ref>
On March 10th of 2015, Hironimus failed to appear in court. Judge Gillen was informed that Hironimus was at a domestic violence shelter fearing for her son and the psychological harm he could endure as a result of the procedure. Judge Gillen signed a writ of bodily attachment, calling Hironimus' fears "irrelevant at this point".<ref>{{REFweb
| quote= | url=http://www.palmbeachpost.com/news/news/crime-law/warrant-issued-for-boynton-woman-who-wont-allow-so/nkSJY/ | title=Warrant issued for Boynton woman who won’t allow son’s circumcision | last=Musgrave | first=Jane | publisher= | website=Palm Beach Post | date=2015-03-11 | accessdate=2015-05-28
}}</ref>
Attorney Thomas Hunker filed a federal lawsuit in the name of C.R.N.H. naming Dennis Nebus, Judge Jeffrey Dana Gillen and sheriff Ric Bradshaw as defendants, and seeking a temporary restraining order to prevent the circumcision from taking place before the case went to court. The case was assigned to U.S. District Judge Kenneth Marra.<ref>{{REFweb
| quote= | url=http://www.huffingtonpost.com/2015/04/16/heather-hironimus-circumcision-lawsuit_n_7080144.html | title=Heather Hironimus Files Federal Suit To Block Son's Court-Ordered Circumcision | last=Jauregui | first=Andres | publisher= | website=Huffington Post | date=2015-04-16 | accessdate=2015-05-28
}}</ref>
After 81 days at the domestic violence shelter, Hironimus was arrested on May 14th and C.R.N.H. was handed to Nebus.<ref>{{REFweb
| quote= | url=http://www.usnews.com/news/us/articles/2015/05/15/fla-woman-who-fled-to-avoid-sons-circumcision-is-arrested | title=Mom Arrested Who Fled Objecting to Circumcision | last=Sedensky | first=Matt | publisher= | website=US News | date=2015-05-15 | accessdate=2015-05-28
}}</ref> Judge Marra called for an audience on May 18th to define the legal procedure.
On May 18th, an audience took place to determine the legal aspects of the federal case. Hironimus was unable to appear as she was in jail. Judge Marra questioned attorney Thomas Hunker whether this was in fact a new case, or a rewording of the state case.<ref>{{REFweb
| quote= | url=http://www.sun-sentinel.com/local/palm-beach/fl-circumcision-case-federal-hearing-20150518-story.html | title=Federal judge hears bid to block circumcision | last=Freeman | first=Marc | publisher= | website=Sun Sentinel | date=2015-05-19 | accessdate=2015-05-28
}}</ref>
On May 20th, attorney Thomas Hunker filed a Withdrawal of Motion and Notice of Voluntary Dismissal of the federal case with prejudice -meaning that it is dismissed permanently and cannot be brought back to court.<ref>{{REFweb
| quote= | url=http://www.fox10tv.com/story/29071147/federal-complaint-dismissed-over-florida-boys-circumcision | title=Federal complaint dismissed over Florida boy's circumcision | last=Sedensky | first=Matt | publisher= | website=Fox 10 TV | date=2015-05-20 | accessdate=2015-05-28
}}</ref>
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
| quote= | url=http://rt.com/usa/261357-court-circumcision-mother-prison/ | title=Crying and shackled, mother consents to son’s circumcision after being jailed | last=Lafi | first=Louarbi | publisher= | website=Reuters | date=2015-05-22 | accessdate=2015-05-28
}}</ref>
Hironimus was not to be released until her first appearance in a criminal court, set for May 26 (which meant she would spend Memorial day weekend in jail). However, an audience took place on Saturday May 23th, allowing for her release from jail that same day in the afternoon.<ref>{{REFweb
| quote= | url=http://abcnews.go.com/US/florida-mom-released-jail-circumcision-dispute/story?id=31273930 | title=Florida Mom Released From Jail After Circumcision Dispute | last=Sydney Lupkin & Emily Shapiro | first= | publisher= | website=ABC News | date=2015-05-24 | accessdate=2015-05-28
}}</ref>
{{LINKS}}
* {{REFnews |url=http://web.archive.org/web/20160126001334/http://www.palmbeachpost.com/news/news/breaking-news/permit-problem-delays-circumcision-protest-at-holl/nmZfD/ |title=Anti-circumcision fight fizzles in court, outside of Broward hospital |archived=yes |first=Christine |last=Stapleton |website=PalmBeachPost.com |date=2015-06-10 |accessdate=2020-12-29}}
{{REF}}
[[Category:'... v. ...']]
[[Category:Jurisprudence]]
[[Category:Litigation]]
[[Category:Litigation over circumcision]]
[[Category:From IntactWiki]]
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