The lawsuit names 26 defendants in all, alleging that each in some way conspired against William Overcash throughout child custody proceedings following his divorce.
Henry Ferro, who filed the lawsuit in U.S. District Court, estimates that his client has spent well over $1 million in the protracted custody battle already. Overcash is hoping to recover some of that money through compensatory and, possibly, punitive damages.
The lawsuit also aims to return Overcash’s parental rights for his 14-year-old daughter, Ferro said. A judge terminated those rights in 2013 and, Ferro said, Overcash has been completely cut off from his daughter since then.
Each defendant named in the suit played a role in causing Overcash “financial, physical and mental injury,” according to the lawsuit. Here’s how:
Nine judges, including three circuit judges in Marion County, are accused of “perverting and obstructing the administration of justice.” Overcash alleges that the way judges were assigned to his case -- it was a lengthy succession, as several judges recused themselves -- violated the Florida Rules of Judicial Administration. He also points to instances where judges did not initially recuse themselves when he says they should have, and another where a judge accepted a gift from Overcash’s daughter.
Sheriff Chris Blair and three of his deputies are named for their role in arresting Overcash three times on contempt of court charges that were later dismissed. Overcash alleges that they knew, or should have known, that the charges were false at the time of each arrest. In one instance, for example, he says a deputy injured his shoulder during an arrest for failure to pay child support. That warrant was thrown out at Overcash’s arraignment, according to the lawsuit.
The four DCF representatives are named based on the “bias of DCF against Overcash,” according to the suit. This includes interpreting an interview with Overcash’s daughter in her mother’s favor, in terms of custody, despite what Overcash casts as unsubstantiated evidence and a failure to disclose to the court previous complaints
Kimberly’s Center for Child Protection and three representatives are named for their role in interviewing Overcash’s daughter. At least two people involved in that interview were not certified to do so, according to the suit.
Lori Foultz, Overcash's former wife, along with her current husband and their three-person legal team, are accused of a slew of wrongs. These include demanding an unreasonable amount in attorney’s fees from Overcash, according to the suit, and then concealing that payment, which ultimately led to his arrests for contempt of court.
Foultz and Overcash married in 1998 and divorced in 2005. They had one daughter together. The lawsuit will not affect ongoing custody litigation between the two, Ferro said, explaining that the cases would continue simultaneously.
The suit was filed Oct. 28. As of Friday, no defendant had filed a response with the court.
By Nicki Gorny
Staff writer
Published: Friday, November 13, 2015 at 1:22 p.m.
