Facts are stubborn things.

Questions for Sam Sloan:

1. Did you place your daughter Shamena in the care of Shelby Roberts
in November 1982?

2. Did you agree to compensate the Roberts for care of Shamena?

3. Who cared for your daughter from November 1982 to August 1986?

4. On April 2, 1986, after hearing, Judge Lawrence Janow entered an
order granting temporary legal custody to plaintiff and temporary
physical custody to the present custodians, Charles and Shelby
Roberts, unnamed in the order. The plaintiff was given visitation
rights provided that he not take Shamema out of state without a court
order. The case was continued until August 25. On August 25, 1986,
were you in fact awarded physical custody of Shamena by Judge Lawrence
Janow, ***effective September 7, 1986***?

5. In that same decision of August 25, 1986, were the Roberts (who had
provided the care of your child that, in 1982, you were unable or
unwilling to provide, and continued to do so for almost four years)
"allowed 'reasonable overnight visitation' rights 'as Counsel
agrees'?

6. It seems to this lay person that on and prior to August 25, 1986,
the Commonwealth of Virginia acted wisely: it recognized the
biological parent's legal rights (even though he had failed to
previously provide the care that it is the duty of every parent to
provide); it also recognized that the Roberts, who alone had cared for
Shamena between November 1982 and August 1986, loved Shamena, and she
loved them. In its decision, the Commonwealth was acting on Shamena's
behalf. Why did you leave Virginia in late August 1986, **PRIOR TO
THE EFFECTIVE DATE OF YOUR BEING AWARDED PHYSICAL CUSTODY OF
SHAMENA**, depriving your daughter and the Roberts of each others'
love?

7. Do you see love as a zero-sum game?

8. As a "converted, practicing Muslim" you did not want your daughter
to attend a Christian school. Fine. Why did you simply not wait
until September 7, 1986, then petition to have your daughter attend
public school?

9. On September 4, 1986, after you had left the Commonwealth in
violation of the April 2, 1986, court order, the court rescinded that
portion of the August 25 order that was to have given physical custody
of Shamema to you effective September 7, 1986. Therefore, there was
never a moment in 1986 that the Commonwealth of Virginia awarded
physical custody of Shamena to you. I cite directly: "Plaintiff's
removal of Shamema from the Commonwealth of Virginia in violation of
the April 2 order resulted in his arrest twice on the basis of a
federal kidnapping warrant, once in Guam, and once in Hawaii, but the
charge was dropped after Lynchburg officials refused to pay the cost
of extradition from these locations." Why did you kidnap your
daughter?

10. Your ally Larry Parr (not currently a member of the United States
Chess Federation) views children as chattel. Do you agree with Parr?

11. Former USCF President Leroy Dubeck thinks that a kidnapper
(admittedly unconvicted) and a twice-convicted felon is fit to serve
as a fiduciary for the United States Chess Federation.

12. Phil Innes would prefer to talk about standards. Would you like
to join Innes in this discussion?

On Jan 28, 6:18 am, "samsloan" wrote:
First Campaign Statement by Sam Sloan

Ever since I took office on the board last August, I have fulfilled or
tried my best to fulfill every campaign promise I made. I have opened
up and started an investigation into why the USCF lost two million
dollars in post years. I have exposed payments made by board members
to their political allies. I have in most cases (but not in all cases)
stopped wasteful and ridiculous expenditures. Most importantly, I have
opened the doors to the inner sanctum and exposed some of the most
vile political deals, secrets which are not secret anymore.

Tremendous efforts were made to stop me from taking the office to
which I had been elected. Efforts have been made to censure me, to
reprimand me, to recall me and so on. Big bucks are going to be spent
this year to stop me from being re-elected, and for good reason. It is
up to you, the voters, to decide whether you want to return to the
politics of secrecy, whether you want the door that I have opened to
be slammed shut again.

The delegates, in their wisdom, have voted to give me 100 words to
explain my court case in Virginia. I have eight children. One of them
is Shamema, whom many of you met when I used to bring her with me to
International chess tournaments. When Shamema was eight years old, she
was kidnapped by unrelated right-wing fanatics and taken to Virginia.
When I came to Virginia to try to recover my kidnapped daughter, I was
immediately arrested, tried and convicted for trying to get my
daughter back.

http://www.anusha.com/judgego.htm

the text available on Sloan's website

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
---------------------------------------- x

M. ISMAIL SLOAN, individually, and on behalf of his children, SHAMEMA
HONZAGOOL SLOAN, MICHAEL RANKOTH SLOAN, JESSICA VITHANAGE SLOAN,
GEORGE RANKOTH SLOAN, and ANUSHA SLOAN, infants, a[n]d on behalf of
his mother, HELEN MARJORIE SLOAN, and on behalf of VITHANAGE
SANTHILATHA and RANKOTH PEDIGEDERA DAYAWATHIE and LINDA DUAVIS and
HONZAGOOL,
Plaintiffs,

-against-

STEPHEN R. PATTISON, EDIN BROWN, EILEEN F LEWISON, WILLIAM CRAWFORD,
MARLEE ANDERSON, CHARLES ROBERTS, SHELBY ROBERTS, JAY ROBERTS, LARRY
ROBERTS, JUDGE LAWRENCE JANOW, JUDGE MICHAEL GAMBLE, JUDGE SUE H. ROE,
JUDGE RICHARD S. MILLER, JUDGE DALE HARRIS, WILLIAM H. PETTY, BARBARA
J. GADEN, BOONCHOO YENSABAI, JOHN L. SOBELL, FRANK DAVIDSON III, LINDA
S. GROOME, KEITH REICHARD, PASTOR CHARLES ESTERLINE, PASTOR EARL
CLARKSON, TEMPLE BAPTIST CHURCH AND SCHOOL, RAJA ABDUL RASHID, RAJA
EHSAN AZIZ, AZIZ-UR-REHMAN, IJAZ MANSOUR QURESHI, DR. KHWAJA MAHMOOD,
FORTUNADO D. OBLENA, MASSIE G. WARE, JR., LEIGHTON HOUCK, ALMA COATES
DAWSON, JOHN MILLER, CENTURION PRIVATE INVESTIGATIONS, BU-BUSTER
WALKER, JOHN, STEWART, WALKER, SOVRAN-BANK, N A., NATIONS BANK NCNB
BANK. SHARON HABERER, VITHANAGE SANTHILATHA, VIRGINIA BURKS, JAMES
OLIVER, RICHARD L. GROFF, AMHERST COUNTY DEPARTMENT OF SOCIAL
SERVICES, MICHAEL W. COX, OFFICER F.D. MCFARLAND, OFFICER ROYER,
OFFICER LARIVIERE, INVESTIGATOR GLEASON, COMMANDER BURNETTE, SANCTUARY
FOR FAMILIES, KILLIS T. HOWARD, CREIGHTON W. SLOAN, W. CASSEL
JACOBSON, CECIL W. TAYLOR, WILLIAM H. TUCKER, PAIGE WEEKS JOHNSON, DR.
SHEILA I. MILOT, DR. MELVYN HAAS, MATTIE C. HALL HEALTH CARE CENTER,
NORTHWEST AIRLINES, TRANS WORLD AIRLINES, and the UNITED STATES
DEPARTMENT OF STATE,

Defendants.

----------------------------------------

92 Civ. 2388 (RJD)

REPORT AND RECOMMENDATION

Go, United States Magistrate Judge

The instant motions to dismiss and for a permanent injunction have
been referred to the undersigned by the Honorable Raymond J. Dearie
for a Report and Recommendation pursuant to 28 U.S.C. ? 636 (b) (1)
(B), as have plaintiff's motion for appointment of counsel and
plaintiff's motion for a temporary restraining order and preliminary
injunction.

Plaintiff Ismail Sloan brings this action individually and on behalf
of five of his children, his mother, and his four wives. He alleges in
the complaint a multitude of conspiracies on the part of the 65 named
defendants essentially to kidnap plaintiff's mother and three of his
children, and to steal his mother's money. Plaintiff alleges that
[t]he purpose of all of these kidnappings is and has been to seize
control of the financial assets and income of Helen Marjorie Sloan,
who has a considerable net worth relative to Lynchburg and a monthly
income of more than $4,000, to take the three children for illegal
adoption, and to convert the children to Christianity." par. 33. The
defendants include state court judges, federal consular officers,
social service agencies, police officers, the United States Department
of State, plaintiff's brother, two banks, two airlines, and others.

The major conspiracies that various groups of defendants allegedly
perpetrated are as follows: that, under the direction of plaintiff's
brother, defendant Creighton Wesley Sloan, various defendants
conspired in the kidnapping of plaintiff's mother from a Bangkok
hospital to the United States in September 1990; that various
defendants conspired to kidnap two of plaintiff's children from their
home in the United Arab Emirates in October 1990 and one from Virginia
in November 1990; that Virginia state court judges wrongfully awarded
custody of his daughter, Shamema Honzagool Sloan, to Charles and
Shelby Roberts; that a South Carolina state court judge wrongfully
awarded guardianship of plaintiff's mother to his brother, Creighton
Sloan, and conservatorship of her assets to N.C.N.B. Bank and that his
brother is dissipating their mother's assets and intends to sell her
house against her wishes.

Plaintiff seeks the following relief: a writ of habeas corpus
requiring the production before this Court plaintiff's mother and five
of his children the of overturning of a Commonwealth of Virginia
custody determination regarding his daughter, Shamema, and the
awarding of custody of Shamema, Michael Sloan, and Jessica Sloan to
plaintiff; the enjoining of all state court proceedings relating to
the subject matter of this action, including future arrests of the
plaintiff; the reversal of South Carolina rulings relating to the
guardianship and control of assets of plaintiff's mother, or that all
funds of plaintiff and his mother would be restored to their bank
accounts, and the sale of his mother's house should be enjoined; the
enjoining of Shamema's current guardians from any future contact with
her; and $100 million dollars in damages.

For the reasons set forth below, it is recommended that the complaint
be dismissed. Although plaintiff narrates a fascinating and moving
tale of woe, redress is not available from this Court.

FACTUAL BACKGROUND

Plaintiff has made a career as a chess manager, author, journalist,
and securities dealer. pp. 43, 110. His daughter, Shamema Honzagool
Sloan, was born on October 15, 1981 in New York City to his wife,
Honzagool, a native of Pakistan. pp. 44. Honzagool was awarded custody
of Shamema in May 1982 by the Bronx Supreme Court; in August of that
year Honzagool returned to Pakistan, where she has apparently
remained, leaving Shamema in the United States. par. 49. Plaintiff
placed Shamema in the care of Shelby Roberts of Madison Heights,
Virginia from November 1982 to August 1986, paying her $110 per week.
pp. 50-51. Plaintiff alleges that he had to hide Shamema in Virginia
because he feared the Black Muslim Underground Militant Organization
from Pakistan would try to kidnap her. par. 50.
Plaintiff filed a petition for custody of Shamema before Lynchburg
Family Court in September 1983 and alleges that Judge Dale Harris
"refused to set that matter down for a hearing." par. 98. On January
13, 1986, plaintiff filed a petition for custody of Shamema in the
Amherst county Juvenile and Domestic Relations Court. par. 100. On
April 2, 1986, after hearing, Judge Lawrence Janow entered an order
granting temporary legal custody to plaintiff and temporary physical
custody to the present custodians, Charles and Shelby Roberts, unnamed
in the order. The plaintiff was given visitation rights provided that
he not take Shamema out of state without a court order. The case was
continued until August 25.

On August 25, 1986, Judge Janow held a conference attended by the
Roberts, their attorney, Frank Davidson III, the plaintiff and his
attorney Stephen Martin, and J. Thompson Shrader, the court-appointed
guardian litem for Shamema. That day, Judge Janow issued a decision
awarding physical custody of Shamema to the plaintiff effective
September 7, 1986, and allowing the Roberts, "reasonable overnight
visitation" rights "as Counsel agrees". The order provided for
maintenance of the status quo and allowed Shamema to be enrolled at
the Temple Baptist school, where she had been enrolled before, rather
than public school. par. 106; see also order dated August 25, 1986, a
copy of which was submitted with plaintiff's letter of April 18,
1993.

Plaintiff states that he, a converted, practicing Muslim, did not want
his daughter to attend a Christian school. par. 108. Apparently for
that reason, plaintiff left Virginia with his mother and Shamema that
night and, a few weeks later, flew to Argentina where plaintiff
attended a chess tournament. pp. 51, 3.07-110. The plaintiff, his
mother, and his daughter eventually settled for the next four years in
the United Arab Emirates, where plaintiff worked as a columnist for a
local newspaper.

Charles Roberts, through his attorney, Frank Davidson III, filed a
custody Petition an August 27, 1986. par. 52. Since plaintiff had
already left the state, Roberts never personally served plaintiff with
the papers, and, instead, obtained leave to publish a notice of
service in the Amherst New Era Progress, a local county weekly. pp.
143, 227. On September 4, the court rescinded that portion of the
August 25 order that gave physical custody of Shamema to plaintiff
effective September 7 and left physical custody either with the
Roberts after that date, or with the Amherst County Department of
Social Services with leave to place the child "with any suitable
persons, including Charles and Shelby Roberts." Plaintiff's removal of
Shamema from the Commonwealth of Virginia in violation of the April 2
order resulted in his arrest twice on the basis of a federal
kidnapping warrant, once in Guam, and once in Hawaii, but the charge
was dropped after Lynchburg officials refused to pay the cost of
extradition from these locations. pp. 17, 20-21, 128-29, 130-31. Judge
Janow also issued a nationwide detention order for Shamema. par. 146.

[...]

RECOMMENDATION

Plaintiff voluntarily placed Shamema in the care of Shelby Roberts in
1982 and later submitted to the jurisdiction of the Amherst County
Juvenile and Domestic Relations Court when he filed his petition for
custody of Shamema on January 13, 1986. During the period after his
departure from the United States in 1986, plaintiff was in
communication with his attorney, Stephen Martin, who informed him that
failure to return Shamema from visitation would be a violation of the
April 2, 1986 court order, since the Roberts still had the rights of
physical custody until September 7, 1986. Stephen Martin also informed
him at this time that the Court had authority by statute to place
Shamema in the custody of whomever the Court felt was in her best
interest, but that "I believe that I was never able to convince Mr.
Sloan that a Court has the right to place custody at least temporarily
with anyone based on the best interest of the child, even if that
person is not a party to this action and has not filed any kind of
petition for custody. Letter from Stephen Martin to David B. Bice --
plaintiff's defense attorney in the attempted abduction case dated
January 28, 1993. Plaintiff's assertions that the Amherst County
Juvenile and Domestic Relations Court violated due process is simply
based on his disagreement with the awarding of temporary custody of
Shamema to the Amherst Department of Social Services, a non-party to
the custody proceeding, and his refusal to accept that a court could
find that the "best interest of the child could result in granting
custody to non-parties. Similarly, his charge that Shelby Roberts
lacked standing to sue for custody is unfounded.
As mentioned above, on September 4, l986, the court rescinded that
portion of the August 25 order that gave physical custody of Shamema
to plaintiff effective September 7 and left physical custody either
with the Roberts after that date, or with the Amherst Count Department
of Social Services "with leave to place the child with any suitable
persons, including Charles a Shelby Roberts." Plaintiff might not have
been aware this order, but he should have known that depriving the
Roberts of visitation rights after that date was a violation of the
April 2 order. He also should have known that the April 2 order, still
in effect as of August 25, 1986, prohibited the removal of Shamema
from the Commonwealth of Virginia without a court order. Plaintiff's
act of removing Shamema from Virginia clearly in violation of court
order, and the Roberts were thus properly authorized by the court to
seek to regain physical custody of her abroad. Upon Shamema's return
to the United States, the Amherst County Juvenile a Relations Court
had continuing jurisdiction over the custody dispute despite her four-
year absence; plaintiff could not use his unlawful removal of Shamema
from Virginia as a basis of stripping a Virginia court jurisdiction.