UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

MATTHEW PARR, individually, §

C.C.H. AND A.V.H., minor children,
B/N/F MATTHEW PARR,
Plaintiffs, §
§
v. § CASE NUMBER: SA09CA0411 XR
§
SHARON SIGALAS, individually, §
and in her official capacity as Judge of the
Youth Court of Jackson County,
YOUTH COURT OF JACKSON COUNTY
MISSISSIPPI, MISSISSIPPI
DEPARTMENT OF HUMAN SERVICES,
JILL PATRICE JONES, individually,
TERRELL H. JONES, individually,
CYNTHIA WILSON, in her official
capacity as Administrator of the Youth
Court of Jackson County, MICHAEL
BRELAND, in his official capacity as
prosecutor for the Youth Court of Jackson
County, HARRISION COUNTY SCHOOL
DISTRICT, ELMER MULLINS, in his
official capacity as principal of D'Iberville
High School and agent or employee of the
Harrison County School District,
HARRISON COUNTY SHERIFF'S
DEPARTMENT, VAN MCCLENDON,
Individually, and in his official capacity
as deputy sheriff of the Harrison County
Sheriffs Department, MATT MATTHEWS,
in his official capacity as supervisor of
the Mississippi Department of Human
Services, LAURA TAYLOR, in her official
capacity as clerk of the Youth Court of
Jackson County, LENA PARKER,
individually, and in her Official capacity
as social worker for the Mississippi
Department of Human Services,
LARRY ELLIS, individually,
COURTNEY GIBBS, in her capacity
as an agent of the Mississippi Department
of Human Services,
Defendants,

EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER

AND PRELIMINARY INJUNCTION

COMES NOW, the Plaintiffs, Matthew Parr, individually and C.C.H. and A.V.H., B/N/F

Matthew Parr, in the above-styled and numbered matter, and respectfully moves this court

pursuant to Rule 65, for entry of an immediate temporary restraining order entered upon the

pleadings and thereafter, a preliminary injunction, entered following the requisite hearing,

restraining Defendant Jill Jones and Defendant Hardy Jones, hereinafter referred to as

Defendants, from transporting minor children C.C.H. and A.V.H. outside of Harrison County,

Mississippi except for times Ordered by the Youth Court of Jackson County and from requiring

through use of coercion, threat of consequence, or otherwise the attendance of C.C.H. or A.V.H.

at any religious service or church sponsored event for which C.C.H. or A.V.H. do not wish to

attend. In support of said Motions for immediate temporary restraining order entered upon the

pleadings and thereafter, a preliminary injunction, entered following requisite hearing, Plaintiffs

state as follows:

1. Plaintiffs C.C.H., age 16 and A.V.H., age 15, have established religious beliefs and

practices and are capable of making choices independent of the State or its agents. The

rights to self-determination of religious beliefs and practices are protected by the

 Establishment Clause and the Free Exercise Clause of the First Amendment to the U.S.

Constitution.

2. Defendants are members of a church for which the beliefs and practices are not supported

by Plaintiffs or their parents. Parental rights have been recognized by the Supreme Court

in Meyer v. Nebraska and in Pierce v. Society of Sisters.

3. Defendants have no statutory or lawful authority to determine the religious upbringing or

practices of the children, C.C.H. or A.V.H. This right is granted to Shalom Jones and

Matthew Parr, jointly, by Temporary Order of the 288th Judicial District Court in Bexar

County, Texas.

4. On one or more occasions including those outlined in the above-styled and numbered

Complaint, Defendants Jill Jones and Hardy Jones have threatened consequences for not

attending religious services at the church of the Defendants choosing.

5. One of the Churches the Defendants have required C.C.H. and A.V.H. is located outside

of the State of Mississippi and would require transportation of the children across state

lines into the State of Alabama. The Youth Court of Jackson County Mississippi has no

jurisdiction in the State of Alabama. The jurisdiction of the Youth Court is defined in §

42-21-151 of the Mississippi Code.

6. Plaintiffs have no alternative remedies at law or in equity.

7. The relief requested by Plaintiffs is necessary to protect Plaintiffs from substantial and

irreparable injury from Jill Jones and Hardy Jones.

8. A narrowly drawn proposed temporary restraining order, which Plaintiffs seek to have

entered immediately upon the pleadings is attached hereto.

WHEREFORE, Plaintiff prays for the entry of the following orders:

A. A temporary restraining order without Bond entered immediately upon the pleadings

under the authority of Rule 65 of the Federal Rules of Civil Procedure.

B. An order providing for a prompt hearing date on Plaintiffs' Motion for Preliminary

Injunction.

C. A Preliminary Injunction enjoining Defendants Jill Jones and Hardy Jones from

transporting minor children C.C.H. and A.V.H. outside of the State of Mississippi or

requiring their attendance without their consent at any religious service.

Respectfully submitted on the 26th day of May, 2009,

Matthew M. Parr, pro se.

2424 Gold Canyon Road, Apt 1617
San Antonio, TX 78259
Telephone: (210) 519-8344
Matthew Parr, pro se.
2424 Gold Canyon Road, Apt 1617
San Antonio, TX 78259
Telephone: (210)519-8344

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION

MATTHEW PARR, individually, §

C.C.H. AND A.V.H., minor children,
B/N/F MATTHEW PARR,
Plaintiffs, §
§
v. § CASE NUMBER: SA09CA0411 XR
§
SHARON SIGALAS, individually, §
and in her official capacity as Judge of the
Youth Court of Jackson County,
YOUTH COURT OF JACKSON COUNTY
MISSISSIPPI, MISSISSIPPI
DEPARTMENT OF HUMAN SERVICES,
JILL PATRICE JONES, individually,
TERRELL H. JONES, individually,
CYNTHIA WILSON, in her official
capacity as Administrator of the Youth
Court of Jackson County, MICHAEL
BRELAND, in his official capacity as
prosecutor for the Youth Court of Jackson
County, HARRISION COUNTY SCHOOL
DISTRICT, ELMER MULLINS, in his
official capacity as principal of D'Iberville
High School and agent or employee of the
Harrison County School District,
HARRISON COUNTY SHERIFF'S
DEPARTMENT, VAN MCCLENDON,
Individually, and in his official capacity
as deputy sheriff of the Harrison County
Sheriffs Department, MATT MATTHEWS,
in his official capacity as supervisor of

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the Mississippi Department of Human
Services, LAURA TAYLOR, in her official
capacity as clerk of the Youth Court of
Jackson County, LENA PARKER,
individually, and in her Official capacity
as social worker for the Mississippi
Department of Human Services,
LARRY ELLIS, individually,
COURTNEY GIBBS, in her capacity
as an agent of the Mississippi Department
of Human Services,
Defendants,

TEMPORARY RESTRAINING ORDER (PROPOSED)

Based on Plaintiffs' Complaint and Motion for Temporary Restraining Order, the Court finds

sufficient grounds for concluding that irreparable injury to Plaintiffs will likely occur absent

entry of a temporary restraining order. Therefore, it is hereby ordered as follows:

1. Defendant Jill Jones and Defendant Hardy Jones are temporarily restrained from

transporting minor children C.C.H. and A.V.H. outside of Harrison County, Mississippi

except for those times ordered by the Youth Court of Jackson County.

2. Defendant Jill Jones and Defendant Hardy Jones are temporarily restrained from

requesting or requiring the attendance of C.C.H. or A.V.H. at any religious service or

church sponsored event.

3. This temporary restraining order shall expire in ten days unless it is extended for good

cause shown by further order of this Court.

4. This temporary restraining order shall become effective immediately upon entry by the

Court. Plaintiffs are not required to post a bond or other security.

Page 2 of 3 - TEMPORARY RESTRAINING ORDER (PROPOSED)

 5. Hearing on Plaintiffs' Motion for Preliminary Injunction is set for

2009 at

DATED this day of , 2009

UNITED STATES DISTRICT COURT JUDGE

Submitted by: Matthew Parr, pro se

For Plaintiffs

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