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BIHN & McDANIEL, P.L.C. ATTORNEYS AT LAW

SUITE 1775

2600 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85004

(602) 248-9779

WALKER RYAN, P.L.C.

ATTORNEYS AT LAW

SUITE 1500

3101 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85012

(602) 280-1000

Martin A. Bihn (014338)

Donna M. McDaniel (017366)

BIHN & McDANIEL, P.L.C.

2600 N. Central Ave, Suite 1775

Phoenix, Arizona 85004

Tel: (602) 248 9779

Fax: (602) 248 9749

Email: MBihn@phxlegal.com

Donna@phxlegal.com

Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

Montiah Chatman, individually and on 

behalf of her two minor children, J.L.C.

and E.V.T.P.; 

 Plaintiffs, 

vs. 

Marci D. Ferrell, Cindy Chrisman and John 

Sullivan

Defendants.

Case No: 2:17-cv-03826 DLR

THIRDAMENDED COMPLAINT

AND

JURY DEMAND

For their Complaint against defendants, Plaintiffs Montiah Chatman and her two 

minor children, J.L.C. and E.V.T.P. allege as follows:

1. This is a case of the Arizona Department of Children’s Services (“ADCS”) 

running amok, harming a mother and her two small boys and trampling their civil rights in 

the process. ADCS removed two small boys from their mother, without a warrant, exigent 

circumstances or any other legal justification. ADCS did not initiate the required Juvenile 

Court proceeding to allow the mother to contest the action. Instead, ADCS immediately sent 

the boys to Minnesota in the custody of a person ADCS knew was the subject of a protective 

Case 2:17-cv-03826-DLR Document 68 Filed 01/31/19 Page 1 of 19
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BIHN & McDANIEL, P.L.C. ATTORNEYS AT LAW

SUITE 1775

2600 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85004

(602) 248-9779

WALKER RYAN, P.L.C.

ATTORNEYS AT LAW

SUITE 1500

3101 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85012

(602) 280-1000

order barring her from coming near the boys. Minnesota Child Protective Services removed 

the boys shortly after they arrived and placed them in foster care. The mother singlehandedly 

fought three cases in two states for four months to get her children back. ADCS’ conduct in 

this matter is unconscionable.

2. Plaintiffs Montiah Chatman and her children; six year old son J.L.C. and three

year old son E.V.T.P., are all residents of Arizona.

3. Upon information and belief, defendant Marci D. Ferrell is a resident of 

Maricopa County, Arizona. 

4. Upon information and belief, defendant Cindy Chrisman is a resident of 

Maricopa County, Arizona.

5. Upon information and belief, defendant John Sullivan is a resident of Pinal 

County, Arizona.

6. The State of Arizona employed defendants Ferrell and Chrisman as 

investigators with the Arizona Department of Child Safety and employed defendant Sullivan 

as an Assistant Attorney General.

7. Defendants caused events to occur within Arizona out of which this matter 

arises.

8. This Court has jurisdiction over Plaintiffs’ federal law claims pursuant to 28 

USC § 1331 and supplemental jurisdiction over the state law claims pursuant to 28 USC § 

1367.

9. Notice of Claim letters pursuant to A.R.S. § 12-821.01 were timely served on 

defendants Ferrell and Chrisman on June 30, 2017. Defendants Ferrell and Chrisman failed 

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BIHN & McDANIEL, P.L.C. ATTORNEYS AT LAW

SUITE 1775

2600 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85004

(602) 248-9779

WALKER RYAN, P.L.C.

ATTORNEYS AT LAW

SUITE 1500

3101 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85012

(602) 280-1000

to respond to the Notice of Claim letters and they were deemed denied. A Notice of Claim 

letter was served on John Sullivan in early November 2018 about a month after defendants 

identified him by name in their Answers to Plaintiffs’ first set of interrogatories. The Notice 

of Claim was denied by the State of Arizona on November 28, 2018.

ALLEGATIONS COMMON TO ALL CLAIMS

10. Montiah Chatman has court ordered sole custody of both children. 

11. In 2012 a Minnesota Court granted Montiah full and sole custody J.L.C. 

12. In 2016 the Pinal County Superior Court entered an order awarding Montiah 

full and sole custody of E.V.T.P. 

13. Those orders remain in full effect.

14. Montiah also holds a valid order of protection against Colin Pearson, 

E.V.T.P.’s father.

15. E.V.T.P.’s grandmother is Corey Pearson. She lives in Minnesota. Corey 

Pearson is not related to J.L.C.

16. In late 2016 Corey Pearson contacted Montiah and asked her to bring J.L.C.

and E.V.T.P. to visit her in Minnesota.

17. Montiah initially declined to allow J.L.C. and E.V.T.P. visit Corey Pearson in 

Minnesota.

18. Corey Pearson purchased non-refundable airline tickets for Montiah and the 

boys to fly to Minnesota.

19. Montiah reluctantly allowed the boys to visit for a week.

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BIHN & McDANIEL, P.L.C. ATTORNEYS AT LAW

SUITE 1775

2600 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85004

(602) 248-9779

WALKER RYAN, P.L.C.

ATTORNEYS AT LAW

SUITE 1500

3101 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85012

(602) 280-1000

20. The plan was for Montiah to fly with the boys to Minnesota, drop them off 

and to immediately return to Arizona.

21. Montiah was to return a week later to pick the boys up and the three would fly 

home to Arizona.

22. Two days after she dropped the boys off in Minnesota, Montiah received a 

telephone call from an investigator with the Minnesota Child Protective Services (“MCPS”).

23. The MCPS investigator stated that an anonymous caller told MCPS that 

Montiah had “abandoned” her children. Months later Montiah learned that the anonymous 

caller was actually Corey Pearson. Corey Pearson had been seeking SNAP benefits (food 

stamps) and childcare benefits from MCPS. Corey Pearson’s allegations were utterly 

fabricated.

24. Montiah advised MCPCS that the boys had not been abandoned but were only 

visiting Pearson for a week.

25. MCPS took custody of the boys. 

26. Ultimately MCPS sided with Montiah. 

27. Montiah drove to Minnesota where, on November 21, 2016, MCPS officials 

turned the boys over to Montiah. They immediately returned to Arizona.

28. That next day Corey Pearson initiated a fraudulent family court case in 

Minnesota seeking custody of J.L.C. and E.V.T.P.. 

29. Corey Pearson sought emergency ex parte custody orders for both J.L.C. and 

E.V.T.P.

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BIHN & McDANIEL, P.L.C. ATTORNEYS AT LAW

SUITE 1775

2600 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85004

(602) 248-9779

WALKER RYAN, P.L.C.

ATTORNEYS AT LAW

SUITE 1500

3101 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85012

(602) 280-1000

30. Corey Pearson submitted a materially false affidavit in support of her request. 

Pearson falsely swore that Montiah had abandoned the boys, and that she, Pearson, had 

physical custody of the boys. At the time Pearson swore out the affidavit, the boys were 

actually in Arizona.

31. On November 22, 2016 the Minnesota court issued what it termed an ex parte 

temporary emergency custody order purporting to grant Corey Pearson custody of J.L.C. 

and E.V.T.P.

32. Corey Pearson did not immediately serve Montiah with the orders.

33. Instead, Corey Pearson contacted the Wright County Sheriff’s Office in 

Minnesota. Upon information and belief, Corey Pearson told the police that Montiah had 

kidnapped J.L.C. and E.V.T.P. and she attempted to file a missing persons report. Upon 

information and belief, sheriff’s deputies checked with MCPS, determined the boys were 

properly with Montiah, and declined to take any action whatsoever on Corey Pearson’s 

information.

34. Next, Corey Pearson contacted the Phoenix Police Department and filed false 

missing persons report. Upon information and belief, Corey Pearson falsely told the Phoenix 

Police Department that she had custody of J.L.C. and E.V.T.P. in Minnesota and that 

Montiah had kidnapped and wrongfully removed the boys to Arizona.

35. Upon information and belief Corey Pearson also began telephoning the 

Arizona Department of Children’s Services (“ADCS”) on a daily basis demanding that 

ADCS enforce her “Minnesota Custody Order.”

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BIHN & McDANIEL, P.L.C. ATTORNEYS AT LAW

SUITE 1775

2600 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85004

(602) 248-9779

WALKER RYAN, P.L.C.

ATTORNEYS AT LAW

SUITE 1500

3101 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85012

(602) 280-1000

36. On December 25, 2016, J.L.C. disclosed that Corey Pearson had sexually 

abused E.V.T.P. on three different occaisions during their time in Minnesota.

37. The next day Montiah obtained an Order of Protection against Corey Pearson 

from the Pinal County Superior Court. Montiah forwarded a copy of the Order of Protection 

to the Wright County Sheriff’s Office so it could be served on Corey Pearson.

38. On December 29, 2016 Montiah and her children had to meet with the 

Phoenix Police Family Investigations Bureau detectives and ADCS investigator Marci 

Ferrell to address and dispel the “missing persons” report by Corey Pearson.

39. At the end of the meeting the Phoenix Police removed the boys from the 

Missing Children Database and advised Montiah that Corey Pearson could be charged with 

making a false police report.

40. ADCS investigator Marci Ferrell also spent some time with the children and 

was apparently also satisfied that they were not being abused or neglected and that Montiah 

properly had custody of them.

41. During their meeting Montiah told Marci Ferrell about the abuse the boys 

suffered from Corey Pearson, the Order of Protection against Corey Pearson and about the 

two valid custody orders granting Montiah full and sole custody of the boys.

42. Montiah Chatman also gave Marci Ferrell copies of the Orders of Protection 

against Corey Pearson issued days earlier by the Pinal County Superior Court.

43. Ferrell advised that Corey Pearson called the ADCS office every day with a 

new story in an effort to push ADCS into enforcing “custody orders.”

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BIHN & McDANIEL, P.L.C. ATTORNEYS AT LAW

SUITE 1775

2600 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85004

(602) 248-9779

WALKER RYAN, P.L.C.

ATTORNEYS AT LAW

SUITE 1500

3101 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85012

(602) 280-1000

44. At the beginning of 2017 Montiah believed that she had halted Corey 

Pearson’s efforts to interefere with her family. 

45. On January 4, 2017 Marci Ferrell appeared at Montiah’s home at around 5 pm

with two Coolidge police officers.

46. As the police officers stood by, Marci Ferrell announced that ADCS was 

removing E.V.T.P. and J.L.C. and taking them into custody for up to 72 hours.

47. Upon information and belief, defendants Ferrell and Christman made the 

decision to remove E.V.T.P. and J.L.C. and to turn them over to Pearson over a month 

earlier, in late October or early December 2016.

48. Montiah objected telling Ferrell and the officers obout the order of protection 

for E.V.T.P.

49. Montiah told the officers that Ferrell was intending to turn E.V.T.P. over to 

Corey Pearson in violation of the order of protection.

50. The police officers then backed away to get direction from a supervisor.

51. While they waited for a response from their supervisor, the officers asked for 

permission to enter the home.

52. The officers walked through the home and found it to be clean and orderly with 

food available. They also observed E.V.T.P. who appeared to be neatly dressed, clean and 

happy.

53. Upon information and belief, the officers saw no reason to believe that Elijah 

was in imminent danger of serious bodily injury, and no reason to believe he had suffered 

physical injuries.

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BIHN & McDANIEL, P.L.C. ATTORNEYS AT LAW

SUITE 1775

2600 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85004

(602) 248-9779

WALKER RYAN, P.L.C.

ATTORNEYS AT LAW

SUITE 1500

3101 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85012

(602) 280-1000

54. The officers saw exigent circumstances to justify immediately removing 

E.V.T.P. and no grounds to believe that E.V.T.P. needed to be removed from his home at all.

55. The officers did not remove E.V.T.P. from his home.

56. The officers left E.V.T.P. in his room and went out to telephone their superior.

57. Over the next two hours the officers spoke with their superior, their legal 

advisor and defendant Chrisman to determine whether the children could be removed and 

turned over Pearson in light of the order of protection.

58. Ferrell and/or Chrisman telephoned Assistant Attorney General John Sullivan.

59. At that time defendant Sullivan handled DCS cases.

60. Sullivan spoke with the police officers and Ferrell several times over a 

speakerphone.

61. Sullivan advised and directed them to get permission to enter the home and 

then seize and remove E.V.T.P.

62. Sullivan’s advice and direction violated well established law that a child can 

only be removed from his home without a warrant where there is reasonable cause to believe 

that the child is likely to experience serious bodily harm in the time that would be required to 

obtain a warrant. 

63. No exigent circumstances existed justifying the removal of E.V.T.P. (and JLC) 

without a warrant. 

64. The officers then told Montiah that they were not going to seize E.V.T.P. 

pursuant to the Minnesota order.

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BIHN & McDANIEL, P.L.C. ATTORNEYS AT LAW

SUITE 1775

2600 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85004

(602) 248-9779

WALKER RYAN, P.L.C.

ATTORNEYS AT LAW

SUITE 1500

3101 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85012

(602) 280-1000

65. However, the officers told Montiah that because DCS (Sullivan, Ferrell and 

Chrisman) had made the decision to remove E.V.T.P. that the officers were legally bound to 

assist DCS and could not challenge its decision.

66. Ferrell then advised Montiah to turn over E.V.T.P. or the officers would arrest 

her and they would take E.V.T.P.

67. Marci Ferrell served an ADCS “Temporary Custody Notice” (“TCN”) relating 

to E.V.T.P. on Montiah.

68. On the TCN, Marci Ferrell had written that temporary custody was necessary 

because, “Minnesota issued a temporal [sic] custody order.”

69. On the TCN, Marci Ferrell also checked the box to indicate that the following 

existed: “Other circumstances place a child at imminent risk of harm requiring removal 

(describe specific circumstance).” However, Marci Ferrell did not write a description of any 

specific circumstances and left that portion of the TCN blank.

70. Marci Ferrell told Montiah that she would be advised if ADCS filed a petition 

for a Preliminary Protective Hearing.

71. Montiah provided Marci Ferrell with a copy of the Order of Protection against 

Corey Pearson that had been issued days earlier by the Pinal County Superior Court.

72. Montiah begged Marci Ferrell not to give her children to Corey Pearson the 

person who harmed the children and who lived nearly 2000 miles away.

73. Upon information and belief defendants decided that they did not have to 

consider or comply with the Order of Protection issued by the Pinal County Superior Court 

because it had not yet been personally served on Corey Pearson.

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BIHN & McDANIEL, P.L.C. ATTORNEYS AT LAW

SUITE 1775

2600 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85004

(602) 248-9779

WALKER RYAN, P.L.C.

ATTORNEYS AT LAW

SUITE 1500

3101 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85012

(602) 280-1000

74. Then Marci Ferrell discovered that J.L.C. was not home. J.L.C. was visiting 

Debra Chatman (Montiah’s mother and J.L.C.’s grandmother) a few miles away.

75. Marci Ferrell yanked a crying E.V.T.P. from his mother’s arms, put him in her 

car and drove to Debra Chatman’s home to seize J.L.C.

76. At 9 pm Marci Ferrell also served Debra Chatman with a TCN. 

77. On this TCN Marci Ferrell simply wrote “MN/Neglect”

78. Marci Ferrell failed to state the specific reason why temporary custody was 

necessary on the TCN form.

79. No exigent circumstances existed justifying the removal of J.L.C. without a 

warrant. 

80. Marci Ferrell did not check the box on the TCN indicating that there were any 

other circumstances placing the child at imminent risk of harm requiring removal.

81. As Marci Ferrell grabbed a crying J.L.C. from his grandmother, Marci Ferrell 

broke down.

82. Marci Ferrell also began crying said she knew the removal was wrong but that 

she would be fired if she did not take the boys.

83. Upon information and belief Cindy Chrisman directed Marci Ferrell to remove 

E.V.T.P and J.L.C.; directed, knew, and/or approved of turning E.V.T.P. and J.L.C. over to 

Pearson. Upon information and belief, Chrisman set in motion a series of acts by her 

subordinate Ferrell that Chrisman knew or should have known would result in the 

deprivation of plaintiffs’ rights. Defendant Sullivan directed, knew and/or approved of and 

participated in the removal of E.V.T.P. and J.L.C. and their turn over to Pearson.

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BIHN & McDANIEL, P.L.C. ATTORNEYS AT LAW

SUITE 1775

2600 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85004

(602) 248-9779

WALKER RYAN, P.L.C.

ATTORNEYS AT LAW

SUITE 1500

3101 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85012

(602) 280-1000

84. Over the next two days Montiah repeatedly telephoned Marci Ferrell and 

supervisor, Cindy Chrisman. Both refused to speak with Montiah

85. Cindy Chrisman finally answered one of Montiah’s calls and told Montiah that 

her children had been turned over to Corey Pearson and were already in Minnesota.

86. Montiah was frantic and told Cindy Chrisman that there was an order of 

proctection against Corey Pearson and that she had molested the younger boy. Cindy 

Chrisman told Montiah that she was done speaking on the subject and hung up.

87. Montiah immediately drove to Cindy Chrisman’s ADCS office and asked to 

speak with her. Cindy Chrisman refused to meet with Montiah but had her secretary tell 

Montiah that it, “wasn’t an Arizona problem and to take it up with Minnesota.”

88. Corey Pearson’s “Minnesota custody order,” was not valid or effective in 

Arizona.

89. The Minnesota court had no jurisdiction to enter the custody order since the 

boys were not in Pearson’s custody or even physically present in Minnesota when the order 

was issued.

90. Corey Pearson was required to comply with the Uniform Child Custody 

Jurisdiction and Enforcement Act (“UCCJEA”), (codified in Arizona at A.R.S. § 25-1001

through A.R.S. § 25-2067) before Arizona would enforce the “Minnesota Custody Order.”

91. The UCCJEA provides enforcement mechanisms for out of state custody 

orders. In all cases, enforcement of an out of state custody order requires notice, a hearing 

and an Arizona Court Order to enforce the out of state order.

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BIHN & McDANIEL, P.L.C. ATTORNEYS AT LAW

SUITE 1775

2600 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85004

(602) 248-9779

WALKER RYAN, P.L.C.

ATTORNEYS AT LAW

SUITE 1500

3101 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85012

(602) 280-1000

92. Neither Corey Pearson nor defendants made any effort to comply with the 

UCCJEA.

93. Upon information and belief, defendants knew and understood the law and 

made a deliberate choice to act out side of the law.

94. Upon information and belief, defendants as ADCS employees, had no 

independent legal authority to enforce an out of state custody order without complying with 

the UCCJEA.

95. Upon information and belief, defendants also failed to follow the laws, rules 

and regulations applicable to ADCS in numerous ways including, removing the children 

without cause, failing to hold a hearing within 72 hours and turning the children over to 

Corey Pearson, a person who was subject of an Arizona Superior Court protective order 

based on allegations of abusing the boys.

96. Corey Pearson returned to Minnesota with the children.

97. Montiah called the Wright County Sheriff’s Office in Minnesota. The Wright 

County police had been trying to serve Corey Pearson with the order of protection but she 

had been avoiding service. At Montiah’s urging, the deputies went to Corey Pearson’s 

home.

98. The deputies served Corey Pearson with the order of protection and removed 

J.L.C and E.V.T.P. from the home.

99. The police officers turned the boys over to MCPS.

100. MCPS inititated a dependency case and placed both boys in foster care.

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BIHN & McDANIEL, P.L.C. ATTORNEYS AT LAW

SUITE 1775

2600 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85004

(602) 248-9779

WALKER RYAN, P.L.C.

ATTORNEYS AT LAW

SUITE 1500

3101 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85012

(602) 280-1000

101. Montiah spent the next four months desperately trying to locate and recover 

her children.

102. Montiah inititated a custody proceeding in Arizona and successfully litigated 

both the dependency and family court custody matters in Minnesota.

103. Ultimately, Minnesota courts dismissed Corey Pearson’s family court petition 

in its entirety.

104. MCPS dismissed its dependency and returned both boys to Montiah, and all 

three immediately returned to Arizona.

105. The four months in foster care was horrible for the two boys. They were 

beaten and abused and moved from their original placement to separate foster homes. Both 

suffered physical and emotional distress, some which may be permanent.

106. Montiah agonized over every moment that she was separated from her two 

boys knowing they had been placed with their abuser and then removed to foster care and 

abused by others.

107. All plaintiffs continue to suffer emotional distress as a result of defendants’ 

conduct.

COUNT I - 42 USC 1983

ALL PLAINTIFFS AGAINST

MARCI FERRELL, CINDY CHRISMAN, AND JOHN SULLIVAN

108. Plaintiffs reallege the allegations contained in paragraphs 1-107 above as if 

fully set forth herein.

109. For the purposes of Count I, Marci Ferrell, Cindy Chrisman and John Sullivan

are sued in their individual capacities.

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BIHN & McDANIEL, P.L.C. ATTORNEYS AT LAW

SUITE 1775

2600 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85004

(602) 248-9779

WALKER RYAN, P.L.C.

ATTORNEYS AT LAW

SUITE 1500

3101 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85012

(602) 280-1000

110. At all material times Marci Ferrell, Cindy Chrisman, and John Sullivan were 

acting under color of state law. 

111. Marci Ferrell, Cindy Chrisman and John Sullivan are “persons” within the 

meaning of 42 USC § 1983. 

112. Marci Ferrell, Cindy Chrisman and John Sullivan acted individually and/or in 

concert and/or set events in motion to deprive plaintiffs of their rights, privileges or 

immunities secured by US Constitution, including but not limited to the Fourth and 

Fourteenth Amendments. 

113. Parents and children have a well-elaborated constitutional right to live together 

without governmental interference. Wallis v. Spencer, 202 F.3d 1126, 1136 (9th Cir.2000). 

114. The Fourteenth Amendment guarantees that parents will not be separated from 

their children without due process of law except in emergencies.” Mabe v. San Bernardino 

County, Dep't of Pub. Soc. Servs., 237 F.3d 1101, 1107 (9th Cir.2001). 

115. Officials violate this right if they remove a child from the home absent 

information at the time of the seizure that establishes reasonable cause to believe that the 

child is in imminent danger of serious bodily injury and that the scope of the intrusion is 

reasonably necessary to avert that specific injury.” Mabe v. San Bernardino County, Dep't of 

Pub. Soc. Servs., 237 F.3d 1101, 1107 (9th Cir.2001).

116. The Fourth Amendment also protects children from removal from their homes 

absent such a showing. Doe v. Lebbos, 348 F.3d 820, 827 n. 9 (9th Cir.2003).

117. Defendants removed and separated J.L.C and E.V.T.P. from their mother 

without a warrant and in the absence of any exigent circumstances justifying the removal.

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BIHN & McDANIEL, P.L.C. ATTORNEYS AT LAW

SUITE 1775

2600 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85004

(602) 248-9779

WALKER RYAN, P.L.C.

ATTORNEYS AT LAW

SUITE 1500

3101 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85012

(602) 280-1000

118. Defendants removed and separated J.L.C and E.V.T.P. from their mother with 

out affording them the due process required under Arizona statutes requiring ADCS to return 

seized children within 72 hours or file a case in Juvenile Court.

119. Defendants removed and separated J.L.C and E.V.T.P. from their mother in 

spite of having the knowledge that the Minnesota custody order was not effective because 

neither Corey Pearson nor defendants had complied with the UCCJEA.

120. All Plaintiffs suffered damages as a result of defendants’ unconstitutional 

actions.

121. Defendants acted with reckless and callous indifference to plaintiffs’ federally 

protected rights entitling plaintiffs to punitive damages against Marci Ferrell and Cindy 

Chrisman.

COUNT II

State Law – Intentional Infliction of Emotional Distress

All Plaintiffs Against

Marci Ferrell and Cindy Chrisman and John Sullivan

122. Plaintiffs reallege the allegations contained in paragraphs 1-121 above as if 

fully set forth herein.

123. The conduct of defendants Marci Ferrell and Cindy Chrisman and John 

Sullivan was extreme and outrageous; they knew they were violating the law when they 

removed J.L.C. and E.V.T.P. from Montiah: (1) without obtaining a warrant and in the 

absence of any exigent circumstances, (2) without following ADCS’s own statutes, rules and 

regulations which would have afforded plaintiffs’ due process, and (3) with an ineffective 

Minnesota custody order and without complying with the UCCJEA.

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BIHN & McDANIEL, P.L.C. ATTORNEYS AT LAW

SUITE 1775

2600 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85004

(602) 248-9779

WALKER RYAN, P.L.C.

ATTORNEYS AT LAW

SUITE 1500

3101 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85012

(602) 280-1000

124. Defendants either intended to cause emotional distress or recklessly 

disregarded the near certainty that such distress would result from their conduct in: (1) 

separating children from their mother without cause, (2) giving the children to a person that 

had not been vetted by ADCS with the knowledge that the children would be immediately 

removed to Minnesota, and (3) giving the children to a person who was the subject of an 

order of protection based on findings that she had abused these very same children.

125. Defendants’ conduct was so outrageous in character, and so extreme in degree, 

as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly 

intolerable in a civilized community.

126. As a result of defendants’ conduct Montiah Chatman and her children, J.L.C. 

and E.V.T.P. have suffered severe emotional distress.

COUNT III

State Law – False Arrest/False Imprisonment

J.L.C. and E.V.T.P 

Against 

Marci Ferrell and Cindy Chrisman and John Sullivan

127. Plaintiffs J.L.C. and E.V.T.P. reallege the allegations contained in paragraphs 

1-126 above as if fully set forth herein.

128. Marci Ferrell and Cindy Chrisman and John Sullivan, acting individually and 

in concert, committed the tort of false arrest by intentionally seizing J.L.C. and E.V.T.P. and 

removing them from their homes without consent and without any lawful authority.

129. Marci Ferrell and Cindy Chrisman and John Sullivan, acting individually and 

in concert, committed the tort of false imprisonment by intentionally detaining J.L.C. and 

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BIHN & McDANIEL, P.L.C. ATTORNEYS AT LAW

SUITE 1775

2600 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85004

(602) 248-9779

WALKER RYAN, P.L.C.

ATTORNEYS AT LAW

SUITE 1500

3101 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85012

(602) 280-1000

E.V.T.P. without consent and without lawful authority by holding them for days before 

turning them over to Corey Pearson.

130. As a result of defendants’ conduct J.L.C. and E.V.T.P. have been harmed and 

suffered damages.

COUNT IV

State Law - Negligence

J.L.C. and E.V.T.P 

Against 

Marci Ferrell and Cindy Chrisman

131. Plaintiffs reallege the allegations contained in paragraphs 1-130 above as if 

fully set forth herein.

132. As employees of ADCS, Marci Ferrell and Cindy Chrisman and John Sullivan 

owed a duty to the public at large and Montiah, J.L.C. and E.V.T.P. in particular to conduct 

themselves in accordance with the laws governing ADCS, to include those pertaining to the 

removal of children from their parents, the validity of custody orders, and the suitability of 

persons to take custody of children.

133. Upon information and belief, Marci Ferrell and Cindy Chrisman breached their 

duties by removing J.L.C. and E.V.T.P. from their mother without legal cause or 

justification, by failing to recognize that the Minnesota custody order was not effective in 

Arizona, and by delivering J.L.C. and E.V.T.P. to Corey Pearson, a person defendants knew 

or should have known was wholly unsuitable to be entrusted with care and cusody of these 

children and was the subject of an order of protection.

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BIHN & McDANIEL, P.L.C. ATTORNEYS AT LAW

SUITE 1775

2600 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85004

(602) 248-9779

WALKER RYAN, P.L.C.

ATTORNEYS AT LAW

SUITE 1500

3101 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85012

(602) 280-1000

134. Defendants’ conduct was the actual and proximate cause of the emotional 

injuries suffered by Montiah and the emotional and physical injuries suffered by J.L.C. and 

E.V.T.P.

135. As a result of defendants’ conduct Montiah, J.L.C. and E.V.T.P. have been 

harmed and suffered damages.

WHEREFORE, Plaintiffs pray that this Court enter judgment for the Plaintiffs and 

against each of the Defendants and grant:

A. Compensatory and consequential damages, including damages for emotional 

distress, humiliation, loss of enjoyment of life, and other pain and suffering on all claims 

allowed by law in an amount to be determined at trial;

B. Special damages in an amount to be determined at trial;

C. Punitive damages on all claims allowed by law against individual Defendants 

and in an amount to be determined at trial;

D. Attorneys’ fees and the costs associated with this action under 42 U.S.C. § 

1988, including expert witness fees, on all claims allowed by law;

E. Pre- and post-judgment interest at the lawful rate; and,

F. Any further relief that this court deems just and proper, and any other 

appropriate relief at law and equity.

JURY DEMAND

1. Plaintiffs demand a jury trial on all issues.

Case 2:17-cv-03826-DLR Document 68 Filed 01/31/19 Page 18 of 19
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BIHN & McDANIEL, P.L.C. ATTORNEYS AT LAW

SUITE 1775

2600 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85004

(602) 248-9779

WALKER RYAN, P.L.C.

ATTORNEYS AT LAW

SUITE 1500

3101 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85012

(602) 280-1000

Dated this 31st day of January, 2019. 

BIHN & McDANIEL, P.L.C. 

/s/ Martin A. Bihn 

_______________________

Martin A. Bihn 

Attorneys for Plaintiffs 

Original of the foregoing electronically 

filed this 31st day of January, 2019, with: 

Clerk of the United States District Court 

using the CM/ECF System for filing and 

Transmittal of a Notice of Electronic Filing 

to the following registrants:

MARK BRNOVICH 

Attorney General 

JAMES B. BOWEN, Bar No. 013774 

CYNTHIA D. STARKEY, Bar No. 013418 

Assistant Attorney General 

2005 North Central Avenue 

Phoenix, Arizona 85004-1592

James.Bowen@azag.gov

Cynthia.Starkey@azag.gov

/s/ Martin A. Bihn

Martin A. Bihn

Case 2:17-cv-03826-DLR Document 68 Filed 01/31/19 Page 19 of 19