Joco Family Court Judge Paul Burmaster Facing Felony For Unlawfully Detaining A KS Dad, That Returned As Attorney

Olathe, Kansas Jan 2, 2024 (Issuewire )
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The Honorable Judge Paul Will Burmaster of the Johnson County District Court in Kansas is now facing a second lawsuit alleging violations of Title 18, United States Code, Section 242. This federal statute makes it a crime for any person acting under color of law to willfully deprive another person of their constitutional or legal rights.

The pro se plaintiff, Matthew Aaron Escalante, also previously filed a federal lawsuit against Judge Burmaster two months ago in the U.S. District Court in the District of Kansas. 2:23-CV02471. That suit has progressed to hearing schedules to be held in January in the Robert J Dole courthouse.

In this most recent filing on December 12, 2023 (Case No. 2:23-CV0559 Escalante v. Burmaster), Mr. Escalante alleges that on April 27, 2023 Judge Burmaster began acting without jurisdiction and retaliating against the plaintiff in the Johnson County family court, using the Johnson County Sheriff's Department and without proper jurisdiction that led to unlawful detainment.

Specifically, Mr. Escalante claims that Judge Burmaster lacked proper jurisdiction to hold him in indirect civil contempt on April 27, 2023. According to Kansas statute KSA 20-1204a, which establishes procedures for indirect contempt hearings, a show cause motion and supporting affidavit are required. However, Mr. Escalante provides court transcripts showing that the show cause order issued against him by Judge Burmaster was deficient and lacked any factual allegations. Kansas has many instances showing in history, of the reversals of hearings because a judge didn't follow the Law, but this would be Kansas's first felony dealt to a family court judge who was jailing out of hatred.

Mr. Escalante also alleges that during the April 27th hearing, he cited the Kansas case Meigs v. Black to Judge Burmaster, pointing out the show cause order's deficiencies under KSA 20-1204a and lack of jurisdiction. Despite this, Judge Burmaster allegedly directed the Johnson County Sheriff's Department to detain and handcuff Mr. Escalante.

If proven, the federal complaint alleges Judge Burmaster intentionally misinformed the deputy about his authority to detain Mr. Escalante, knowing he lacked proper jurisdiction over the contempt proceedings. This would constitute a violation of Title 18 U. . . 242 by depriving Mr. Escalante of his legal rights under color of law. It could also violate the Kansas statute KSA 21-5411 prohibiting unlawful restraint.

The plaintiff is providing court transcripts and evidence to the federal magistrate to support his claims against Judge Burmaster. He seeks to hold the judge accountable for alleged misconduct and unlawful acts in the family court proceedings. The pro se father is stating fraud separated him from his daughters. The dad has not seen his oldest daughter, who is 14, for over two years. And has not seen his youngest for now over 17 months, she is 8. The Kansas mother to the children, Janelle Leigh Escalante, is a defendant in her own federal lawsuit alongside her civil attorney, and the pair both now facing conspiracy to interfere federal counts in 2:23-CV02491. These listed three suits now mentioned are also still accompanied by two others. 2:23-CV02536; is against the Chief Judge of the district court for enabling this all to occur for so long and it alleges a crime by the chief judge. Judge crime allegations are the grounds the dad is using to gain the jurisdiction to enter these men into high court under loss of immunity. And the last lawsuit, which now makes five total, is 2:23-CV02529 is against the Gardner KS police department, for acts of civil rights interferences such as ignoring police reports for years, that the father was signaling custody interferences on a criminal level against the mother, and the police ignored them.

A family court misconduct meltdown occurring in the 10th Judicial District.

The fathers filing can be found here:

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