The Grand Rapids Press 03/03/12 John Agar
“Court: State not responsible for Stanton boy’s death”
Despite ignoring warnings that Nicholas “Elmer” Braman was in danger, the state isn’t responsible for his death at the hands of his father, the state Court of Appeals said.
The 9-year-old died in October 2007 in a murder-suicide involving his father, Oliver Braman, and step-mother, Elaine Kaczor-Braman, in their Montcalm County home.
A state Court of Claims judge earlier rejected a claim by the boy’s mother, Rebecca Jasinski, who said that the Department of Human Services, and its workers, were derelict in their duties to protect the boy from an abusive father who used cattle prods to discipline his older boys.
“However, it was the fire and decedents’ negligent parents, not the state, who deprived them of these rights. Plaintiffs acknowledge that the Constitution does not require the government to protect its citizens from harm imposed by third parties in order to comport with due process requirements,” justices wrote.
Common Sense Review
The comments by the judge are ridiculous; this was a child who seeks safety in adults. If his own parents or adults in the home were not going to keep him safe, then who must keep the child from dying at the hand of his father?
I am not for the govt putting the nose in everyone business. However, an older brother was removed from the home a couple years earlier due to torture by cattle prod by the father. Yet the Dept of Child Protective services left the younger boy in the home… Who didn’t see this coming?
The child didn’t need to die. Apparently it was more important for the State to keep the child with the parent… in death.
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