Plaintiff alleges Guardian ad Litem overstepped authority violating civil rights

Akron Ohio Federal Building
Akron Ohio Federal Building
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A father is embroiled in a legal battle against a court-appointed guardian, alleging violations of his civil rights and constitutional protections. On February 6, 2026, Michael J. Hofbauer filed a complaint in the United States District Court for the Northern District of Ohio against Christine A. Kimberly, accusing her of overstepping her authority as Guardian ad Litem (GAL) and infringing upon his parental rights.

Hofbauer’s lawsuit stems from events that unfolded during a custody dispute in Lucas County, Ohio. He contends that Kimberly’s actions as GAL exceeded her lawful duties and resulted in retaliation, procedural due process violations, interference with familial association, and discrimination. Hofbauer claims that these transgressions were not related to any legitimate judicial function but rather represented independent misconduct that caused him concrete constitutional injuries. “Defendant’s conduct included coercive demands, retaliatory actions, selective disclosure of evidence,” Hofbauer asserts in his complaint.

The plaintiff argues that Kimberly imposed severe visitation restrictions without any evidence of harm to the child and treated supervised visitation at a Children’s Resource Center (CRC) as mandatory without court authorization. Hofbauer alleges that these conditions were coercive barriers to exercising his parental rights and were presented as settled facts by Kimberly despite lacking judicial backing. Furthermore, he accuses Kimberly of demanding drug testing without court orders and using negative character allegations while withholding crucial information through protective orders.

Hofbauer seeks relief from the court by requesting declaratory judgment on the violation of his rights, injunctive relief preventing further involvement by Kimberly in the custody case, compensatory damages for emotional distress and financial losses suffered due to prolonged separation from his child, and punitive damages for the alleged misconduct. The plaintiff also calls for jury trial on all issues so triable.

Representing himself pro se due to financial constraints after unsuccessful attempts to secure legal representation, Hofbauer’s case is presided over by Judge Jeffrey J. Helmick under Case ID 3:26-cv-00303-JJH.

Source: 326cv00303_Hofbauer_v_Kimberly_Complaint_Northern_District_Ohio.pdf


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