Donna Suzanne Shell (née Ostrum; born c. 1957) is an American
activist
Activism (or Advocacy) consists of efforts to promote, impede, direct or intervene in social, political, economic or environmental reform with the desire to make changes in society toward a perceived greater good. Forms of activism range fr ...
critical of
child protective services.
Shell grew up in
Minnesota
Minnesota () is a state in the upper midwestern region of the United States. It is the 12th largest U.S. state in area and the List of U.S. states and territories by population, 22nd most populous, with over 5.75 million residents. Minne ...
. Her first experience with child protective services occurred in 1974, when at age 17 she was punched in the face by her father.
[Prendergast, Alan (February 10, 2005)]
Beyond Contempt.
''Westword
''Westword'' is a free digital and print media publication based in Denver, Colorado. ''Westword'' publishes daily online coverage of local news, restaurants, music and arts, as well as longform narrative journalism. A weekly print issue cir ...
'' That year, she was put in a
foster home
Foster care is a system in which a minor has been placed into a ward, group home ( residential child care community, treatment center, etc.), or private home of a state-certified caregiver, referred to as a "foster parent" or with a family ...
and gave birth to a baby she gave up for
adoption.
She became involved in dependency and neglect cases after
Elbert County, Colorado
Elbert County is a county located in the U.S. state of Colorado. As of the 2020 census, the population was 26,062. The county seat is Kiowa and the largest town is Elizabeth.
Elbert County is included in the Denver-Aurora-Lakewood, CO Metr ...
, took away one of her children in 1991 for an alleged spanking by his stepfather that she claimed "left no marks." The child was returned after four days with no further action.
[Pankratz, Howard (December 19, 2006)]
Parent advocate found in contempt.
''Denver Post
''The Denver Post'' is a daily newspaper and website published in Denver, Colorado. As of June 2022, it has an average print circulation of 57,265. In 2016, its website received roughly six million monthly unique visitors generating more than 13 ...
'' Since that time she has assisted other families facing court-ordered sanctions. Shell runs a website called Profane Justice and has also published a book by the same title.
[Shell, Suzanne (2001). ''Profane Justice: A Comprehensive Guide to Asserting Your Parental Rights.'' Sage Wisdom Press, 2nd edition, ]
In 2002, she told a reporter "I don't think they should ever terminate parental rights without proof that a child has been seriously hurt."
[Suprynowicz, Vin (November 10, 2002)]
Sitting in jail for spanking.
''Las Vegas Review-Journal
The ''Las Vegas Review-Journal'' is a daily subscription newspaper published in Las Vegas, Nevada, since 1909. It is the largest circulating daily newspaper in Nevada and one of two daily newspapers in the Las Vegas area.
The ''Review-Journal'' ...
''
Legal cases
In March 2004, the Colorado Supreme Court cited Shell for
contempt of court for ignoring a 2001 order to stop practicing law without a license.
In 2006 the citation was upheld by the Colorado Supreme Court, and Shell was fined $6,000.
In 2005, Shell filed suit on behalf of herself and April Fields in Colorado District Court against several officials connected with Child Protective Services. The case was dismissed by the U.S. District Court for the District of Colorado, and was a subject for her 2006 contempt citation by the state Supreme Court, as she was found to have attempted to represent Fields in the court without a license to practice law.
On December 12, 2005, Shell demanded
Internet Archive
The Internet Archive is an American digital library with the stated mission of "universal access to all knowledge". It provides free public access to collections of digitized materials, including websites, software applications/games, music ...
pay her $100,000 for archiving her website between 1999 and 2004.
[Lewis T. Babcock (February 13, 2007). ]
Internet Archive v. Shell
' Civil Action No. 06cv01726LTBCBS. Internet Archive filed a
declaratory judgment
A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants. It is a form of legally binding preventive by which a party involved in an actual or possible legal ma ...
Action in the
United States District Court for the Northern District of California on January 20, 2006 seeking a judicial determination that Internet Archive did not violate Shell’s
copyright
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, education ...
. Shell responded and brought a
countersuit
In a court of law, a party's claim is a counterclaim if one party asserts claims in response to the claims of another. In other words, if a plaintiff initiates a lawsuit and a defendant responds to the lawsuit with claims of their own against th ...
against
Internet Archive
The Internet Archive is an American digital library with the stated mission of "universal access to all knowledge". It provides free public access to collections of digitized materials, including websites, software applications/games, music ...
for archiving her site, which she alleges is in violation of her
terms of service.
[Claburn, Thomas (March 16, 2007)]
Colorado Woman Sues To Hold Web Crawlers To Contracts.
''InformationWeek
''InformationWeek'' is a digital magazine which conducts corresponding face-to-face events, virtual events, and research. It is headquartered in San Francisco, California
California is a state in the Western United States, located alo ...
'' On February 13, 2007, a judge for the
United States District Court for the District of Colorado
The United States District Court for the District of Colorado (in case citations, D. Colo. or D. Col.) is a federal court in the Tenth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are ap ...
dismissed all counterclaims except
breach of contract
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other par ...
.
The Internet Archive did not move to dismiss
copyright infringement
Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, ...
claims Shell asserted arising out of its copying activities.
[Samson, Martin]
Internet Archive v. Suzanne Shell.
via Phillips Nizer LLP On April 25, 2007 Internet Archive and Shell jointly announced the settlement of their lawsuit. The Internet Archive said, "Internet Archive has no interest in including materials in the Wayback Machine of persons who do not wish to have their Web content archived. We recognize that Ms. Shell has a valid and enforceable copyright in her Web site and we regret that the inclusion of her Web site in the Wayback Machine resulted in this litigation. We are happy to have this case behind us." Shell stated, "I respect the historical value of Internet Archive's goal. I never intended to interfere with that goal nor cause it any harm."
On February 13, 2009, Shell filed a copyright infringement lawsuit in U.S. District Court in Denver against 30 individuals and organizations. As of November 2011, the case is now over, all of the defendants (Except Leonard Henderson) have been dropped from the lawsuit.
[See generally ''Shell v. American Family Rights Ass'n, et al.'', case no. 1:09-cv-00309-MSK-KMT, U.S. District Court for the District of Colorado (Denver Div.).]
See also
*
Frivolous litigation
Frivolous litigation is the use of legal processes with apparent disregard for the merit of one's own arguments. It includes presenting an argument with reason to know that it would certainly fail, or acting without a basic level of diligence i ...
References
External links
American Family Advocacy Center (Profane Justice)*
Internet Archive v. Suzanne Shell'
Shell v. AFRA, ''et al''the truth is still told (Billy Wiseman)
{{DEFAULTSORT:Shell, Suzanne
1950s births
Living people
Computer law
Internet Archive collectors