ST. LOUIS - A mother is suing individuals appointed guardians ad litem to her sons for various reasons.
Devon Arseneau filed a federal complaint on August 26 in the Eastern District of Missouri against Elaine Pudlowski, Frankel Rubin, Klein, Payne and Pudlowski, P.C., James D. Reid, James D. Reid PhD, LLC, Brian Dunlop and Dunlop and McCarter for violation of 42 U.S.C and injunctive relief.
According to the complaint, on March 31, 2016, Pudlowski was appointed by court order, as required by Missouri Statute in cases regarding the abuse and neglect of minor children, to serve as guardian ad litem for her son.
Frankel was Pudlowski’s employer and is responsible for her conduct, the suit says. Pudlowski entered her appearance on April 4, 2016, as required by Missouri Supreme Court Rules for Guardian Ad Litem and was tasked with “representing the best interests of the minor child,” Austin Arseneau.
Devon Arseneau alleges that Pudlowski acted outside the scope of her licensure, expertise, and terms of her court appointment by misrepresenting her qualifications for this case to the court. Devon Arseneau alleges Pudlowski has no training in the following: mental health issues; alcohol or drug addiction; medicine; trauma, domestic violence; sexual abuse of children; or childhood and adolescent development, yet determined and represented to the court that the child was not at risk.
On May 18, 2016, Reid was appointed to conduct a psychological evaluation of Joshua Arseneau, Devon Arseneau and a custody evaluation of Austin Arseneau. Reid's report was completed on Dec. 20, 2016, and Arseneau alleges that Reid misrepresented to the Court medical records which reveal a history of mental health issues and psychotropic medications incongruent with Reid’s diagnosis of Plaintiff’s former husband. Reid admitted to falsifying elements of his false of Plaintiff, which continue to be present in his reports handed out to certain professionals per the court order, the suit claims.
On April 30, 2013, Brian Dunlop was appointed to serve as guardian ad litem for Austin Arseneau. Dunlop intentionally blocked reporting of sexual abuse such that it would not be addressed in court proceedings and refused to allow his client’s therapist to testify, the suit says. Dunlop also allegedly failed to seek therapy for his client while the child was being molested.
Arseneau seeks for court to vindicate its judgement on July 1, 2020, damages worth $100,000 and other relief as the court judges just and adequate. Arseneau is represented by J. Christopher Wehrle.
U.S. District Court Eastern District of Missouri case number 4:21-cv-01067-SEP