Schwabs bring fight for their children to federal court

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TOPEKA, Kan. (WIBW) -- In continuing the fight to get their children back, Raymond and Amelia Schwab appeared in federal court Wednesday.

Raymond requested a hearing in a motion for a preliminary injunction and temporary restraining order against several state officials. The hearing was scheduled with Judge Daniel Crabtree on Wednesday morning, where the Schwabs and nearly 30 supporters were present.

"This is critical to every family that's been victimized by our state agency called the Department of Children and Family services," said Jennifer Winn, an advocate for the Schwabs.

Winn said the Schwabs case will set a precedent for other families in similar situations.

"I hope today that because the Schwab family has reached out and filed an injunction at the federal level, that the federal judges will clearly identify the violation of constitutional rights to these families, and rectify the situation immediately," said Winn.

Raymond filed an appeal with the State after his children were taken by Riley Co. Police last year. He says he believes RCPD had insufficient evidence to remove the children. Kansas Court of Appeals documents list allegations of drug use, neglect, and lack of supervision on the Schwabs.

Raymond said government agencies and state officials are not giving him due process of law in their ongoing case and when their children were taken away.

"I clearly believe if the Riley Co. police were to follow the law, if the Riley Co. prosecutor were to follow the law, even DCF, if they had done their job and defended and supported the constitution, my kids wouldn't even be in their custody," said Raymond Schwab.

Judge Crabtree heard the Schwabs claims against nearly 30 state officials, including Gov. Sam Brownback, they are suing. They claim the State is concealing documents that contain evidence against numerous agencies dealing with children.

"I hope this court enjoins them and demands that they stop violating our due process so we can continue with the state proceedings with our rights being protected," said Raymond Schwab.

Judge Crabtree dismissed the motion for the temporary restraining order, saying the Schwab's failed to show sufficient evidence their constitutional rights have been violated.

Raymond said that won't hinder his fight to get his children back. He is planning to file an appeal against the judge's decision.

"They think they're untouchable. They think they can do what they want. We hope to prove them wrong," said Raymond Schwab.