The Federal Court ruled on the request made by Austin Vantrease. I will get into that ruling where Vantrease was requesting names, addresses, and amounts given by donors soon enough. Before this, I will give the background, with a few things to say of my own.
I’m actually writing this the night before this announcement is made (meaning last night, Wednesday) and will finish when it is announced. Please consider what I write as my opinion. By now, most should know I am forthright and honest with the website’s readers. People say I’m “real and raw” and I like this characterization. I tell you (almost) everything in due time; and hold the sugar-coating, please. Thank you for allowing me to be so open. More precisely, thank you for putting up with me.
To follow is my recap. Anyone who wishes can look this case up on their own. I would guess there is a fee. Here is the information, if you’re so inclined:
- Case: 1:11-cv-00149-IMK-JSK
- Document: 174
- Filed: 10/24/2012
- Initial Filing: Civil Lawsuit Complaint (2.5 pages)
Undisputed Facts:
The following facts are undisputed. Plaintiff Ken Diviney and others have engaged in fund raising to help pay for Ryan Diviney’s medical costs and other expenses. Such efforts include solicitation of donations through a website, “Ryan’s Rally,” and fund raising events such as road races and dinners. Plaintiffs have received charitable contributions from a wide variety of individuals and organizations to help defray Ryan Diviney’s medical costs and other expenses. [1]
Vantrease Motion and Contentions:
The names and addresses of all individuals, business organizations, charitable organizations, educational institutions, public or private agencies, or other persons or entities, with the exception of private health insurance companies insuring Ryan Diviney or his parents, who or which have contributed any funds and/or tangible items for the care and support of Ryan Diviney since November 7, 2009. [1]
Copies of any documents recording the dates and amounts of financial donations and/or tangible donations made by the persons or entities identified above. [1]
My Legal Objection:
Plaintiff’s objected to both the interrogatory and request for production on the ground that the information requested was irrelevant and not reasonably calculated to lead to discovery of admissible evidence. [1]
Plaintiffs objected to Request for Production on the basis the request was “overly broad, unduly burdensome and not reasonably calculated… [1]
Vantrease’s Claim for Wanting Donor Information:
Defendant Vantrease first argues the information regarding the identities of persons or corporations who or which have donated funds or items for the care and support of Ryan Diviney is relevant and discoverable because it may prove or disprove bias on the part of the witness or juror. [1]
Defendant further argues that an exception to the “collateral source rule” may apply… [1]
Allow Me to Summarize:
Okay, did you get all that? No problem if you didn’t because I’ll break it down… as I understand it.
Austin Vantrease wants everything about everybody related to donations. He claims this is necessary to: 1) ensure fair witnesses and jury selection, and 2) reduce his overall potential financial obligation (this is the “collateral source rule” mentioned earlier).
I strongly disagree. Not only that but his attorney’s argument seems incredibly weak. Almost non-existent, I would suggest.
First, witnesses are thoroughly deposed and jurors go through an extensive selection process. There are many, many opportunities for attorney’s to find (and remove) witnesses and people from the jury pool. Even still, I offered to give a donation list to the court (and not Vantrease) to cross-reference jury candidates and witnesses. Problem solved, as I see it. This way a violent felon isn’t running around a maximum-security prison with the names and addresses of good people who were only wanting to help my son.
Second, on offsetting his likely financial troubles, I am outraged; To me, Austin Vantrease has no claim to decent people’s goodwill! How dare he! Really, what kind of cad would even think of this, let alone ask? Let’s look at this in real terms. In effect, a generous person who donated, say a pillow for Ryan to rest his head on at night, would have it ripped out and “re-gifted” from Vantrease. Tell me, am I not thinking about this right?
So, tonight I wait for the court’s decision. You will know quickly after I do. This can go two ways:
- We Lose. I consider even a partial favorable/unfavorable ruling as losing. This means I go down the extensive and expensive road of appealing. It puts my plan of a class action suit and injunction in play. It means I potentially find myself in jail before too long for being in contempt of court. I promise you, I will only give your personal information to a violent felon as a last resort. I will protect those people who helped Ryan to the greatest extent possible (and this is where it would be harmful to Ryan, not me). You can bet your house on that. It’s a simple principle… you have Ryan’s back and I will, in turn, have yours. Fair enough?
- We Win. In this case, I do my best to recover from the chilling effect of people uncomfortable donating over the past few months. Hey, I don’t blame anyone one iota for being hesitant. I haven’t actually analyzed it, but it seems contributions have declined sharply. Vantrease continues to harm Ryan, even from within the walls of Huttonsville Prison.
The Judgement:
DENIED! We won, hands-down. The court found all claims moot (i.e., presenting no real controversy). It was a huge victory for Team Diviney.
Turns out, the court didn’t even take us up on our offer to provide the donor list to it. It is just fine with traditional jury selection and witness verification. What’s more, the ruling says “There is not a shred of evidence to suggest the four (4) rationales applied in Anderson [collateral source rule] for admission are present in the instant case.” This, to me, would be a crushing defeat if I were on the other side of this lawsuit.
I see this as the United States Federal Court protecting good and caring people who voluntarily make donations from undue fear.
Okay, back to the decline in donations that this inane action has potentially caused. This ruling should not only alleviate any earlier donor fears, but give confidence that you will not be bullied by anyone going forward. Please, if you were holding off to see the outcome of this case, it’s now safe to go ahead with your donations (easily done by using the link above the Blue Moon Ad to the upper-right).
What I Anticipate Next:
I’m guessing this ruling will not sit well with Vantrease. I predict he will be asking for the Anti-Parole Petition list. Sour grapes! Not sure what it will help him to have a publicly signed document that will go to the State of West Virginia anyhow (other than to try and wear me down… which will NEVER happen). People who signed this really don’t care what he thinks. Still, I believe I might object on the same grounds as the donor list.
I’ll let you know if he does.
###
Disclaimer: This post is my opinion (in general) and my take on the court’s ruling (specifically). Further, It’s speculation on Vantrease’s (to include his legal counsel’s) thoughts and actions. Only he knows with 100% certainty why he does what he does. I make no claim to the accuracy of anything and invite other opinions to comment (below)!
[1] Case: 1:11-cv-00149-IMK-JSK
Happy, happy, happy! Joy, joy joy! If you’re happy and you know it, clap your hands!
Hooray! Glad this went in Team Diviney’s favor.
AMEN!!!!!! How do you eloquently say “suck it Vantrease!” :):):)
Perfectly stated, Jill.
Very happy to read this.
I have always wondered why Vantrease was given such a light sentence to begin with. I also wondered why he wasn’t charged with a much more sever crime. I seem to think he deserve’s at least 25 years to life. It just seems to defy reason why he got such a light sentence.
My prayers continue for Ryan and his family.
I agree that was a total waste of time in the court system. The Lawyer just making money for himself it seems. They will never wear Team Diviney down! Ken, Sue, Kari, and our Grand Ryan are on this mission, they must beware!!!!
AMEN RITA!!!!!!!!!!!! Thank you Lord for this ruling & I continue to pray for Ryan’s TOTAL healing & mercy for this family!!! Keep it up Ken & family!!! Blessings from your biggest fan in Los Angeles!!! <3
PRAISE GOD!!!!!!!!!!!! I was about to throw an absolute FIT in reading what was going on. I was so upset I had to skip thru some of the information & get right to the decision!!! This world is sickening, to think that something like this could happen number one, but to think that the criminal that did this would want to “get off” ANY responsibility for the consequences of his actions is besides me. The world is lucky I’m a nice Christian gal!!! And Ken, I so enjoy your posts & don’t ever feel like you have to hold something back from us .. what you guys have gone thru is DISGUSTING at best & I think you are an amazing man & family for how you are handling things. I will continue to pray for your son’s TOTAL healing & lots of money for you guys!!! 😉 I also pray that we can forgive those who did this to Ryan & also that they would remain behind bars until Jesus comes to get us all from this crapy world. WINK Blessings & happy weekend. xo
Congratulations Team Ryan!!!!! That is an amazing defeat and shows justice will prevail! That Vantrese boy doesnt deserve the anything-even the very jail cell he sits in!!!!
I love our Justice System when it works. This thug and his slugs for family members should just grow up, take responsibility and start doing the right thing – oh never mind, this did start out behind a dumpster.
Excellent decsion by the court! Indeed, it is the RIGHT decision!
Continued praise to TEAM DIVINEY! You conintue to amaze me at all our accomplish and do when continuing to shamelessly be harrassed by one spoiled, selfish, self-entitled, BRAT — who himself is supported by a family of the same character. What shame at the highest possible level. There are no words. Hugs and a ton of love and continued support to Ryan and each of you. God Bless.
What Austin intended for evil, God can use for good. Media attention to his outrageous legal maneuvering will only make Ryan more relevant, and hopefully bring your family even more support.
Ken, Great news and know that felon will never wear you out ,but why the %^$$#@ doesn’t he just stop being such a fool and his lawyer too.
He committed a brutal act and is paying for it with his time(hopefully full sentence+).NOW lets see him pay court ordered restitution with out thinking it can come from Ryan’s donations(completely insane)
Team Diviney will always be here for Ryan and you all!!!!!
love Gail
The media is now hearing of this. Getting unsolicited calls for interviews. I’ll post these as they become available.
AV is an idiot and the court simply confirmed it. I am realizing I am getting a bit snarkier in my comments regarding this thug the longer this goes on.
Praise God!!
This is indeed great news.
Legal fees and expenses–reimbursed to the Court. Just for clarification. A
God bless you, Ken–I am so very sorry you have to deal with these morons in any further regard. They know what they are doing, i.e., interfering with Ryan’s care via donations. I could not have imagined the court allowing this perp to deduct from what he has been ordered to pay, the donations made on Ryan’s behalf. That’s just nuts. That would benefit the perp. So i figure they are just messing with you any way they can. Perhaps the court should ADD to the perp’s restitution obligation, any legal fees or expenses he is running up by doing these frivolous filings. SHSP NGA love to you all, Annie
Such great news!
Oh happy day for Team Diviney!
just read your blog [/]. i have the answer to my wonderings … thanks.
what ~I~ can’t imagine is anyone being supportive of mr vantrease (well, besides his lawyer who is making money off of this and probably will be for some time to come; nice, steady income). i even doubt that his lawyer, aside from the income from representing this, feels any supportive feelings toward him. i don’t even think that were i his mother (whoo) i would be supportive of his requests. egad.
a VERY possible scenario. i’d be interested in what the court(s) determine to be his motive. ‘course, i haven’t read yours yet. will do that!
Zenda, I think he’s trying to wear out my mental and financial resources by challenging him at every inane request. My vision will NEVER be clouded by these attempts.
i can’t think of any reason that he should need this information.
Paula, I like your wording, “Team Vantrease”!
Anyway, they just don’t get it. Instead of paying restitution they are wasting the state of West Virginia’s time, money and resources on an attorney and court hearings that are getting them no where except bad press. They are also taking money away from the care for Ryan, which would only work against them in the long run.
Team Vantrease… you did this to yourself and your families, get jobs and pay the price for the crime.
Team Diviney will never leave Ryan’s side!
Does this mean his attorney won’t receive the “dog clean up” donation mentioned in a post on the initial blog? Well that part is a shame.
Great news.
So happy to read this outcome of events….God Bless…:-)
SCORE! I had a good feeling about this! Still, this caused undue apprehension on many levels…..not the least of which is time spent away from your son responding to such nonsense. I’ll give Vantrease and his lawyers one thing: They had some some nerve (the kindest word I could think of) asking for this information. Further, I think you are right, Ken. They are definitely trying to wear you down. However, they don’t know the Ken Diviney we know. The Ken we know would NEVER walk away from helping his son. The Ken we know would give his last breath to help his son and his family. Glad this is behind you, my friend.
Love,
Carla & family
Thank you Lord!
Amazing!! What great news! At least the court sees this kid’s request for what it is: BS
Another win for Team Diviney! Too bad Austin and his family can’t see that the Diviney support system is unbreakable! I’m proud to say I signed the petition (would have signed it more than once if possible). If he wants to know who thinks he should be in jail for the rest of his life I am sure most of us are willing to raise our hands.
Hi Ken, I’m so thankful for this, because — if the court had ruled any other way, there would have been a huge protest from Team Diviney — and we would have had to expend precious energy on dealing with the audacity of VanTrease, rather than on helping the one who needs and deserves our energy — Ryan of course.
Only a real cold hearted group would seek to add further distress to your life, Ken — as if the initial attack wasn’t enough. My gosh they are either blind or just plain don’t care (which, judging by their actions is painfully obvious.)
Team Diviney will continue to back up your family and do whatever we can to help Ryan live the best quality of life possible.
Too bad the perpetrators who caused Ryan and your family to suffer so much don’t feel the same.
Yet another hurdle created by Team Van Trease now overcome. I thought they went the lowest they could when Ryan was so visciously assaulted — but it appears they are continuing to go even lower. How low can they go? I don’t know, but if there were awards for cruelty they would win.
Sending you love, hugs, hopes and always my prayers. Your strength is an inspiration to us all.
Paula
That is so great to hear, Ken! I could not imagine why on earth the Vantrease clan would think the courts would rule in their favor. Hopefully you will see an increase in donations to help Ryan!
So happy to read about the ruling on this!!!
Great news for Ryan and your entire family. Vantrease shouldn’t have any rights. Keep him in prison as long as possible.
Hot dang! Hey Austin, you can kiss Team Diviney’s collective butts!