LAWSUIT: BRITNEY CAN MANAGE JUST FINE

Published on: February 15, 2008
LAWSUIT: BRITNEY CAN MANAGE JUST FINE

A New York lawyer thinks Britney Spears is perfectly capable of managing without the help of her dad, Jamie, as her conservator. Attorney Jon Eardley filed legal papers in Federal court Thursday claiming Brit's family is stripping her of her rights and requesting that Britney's conservatorship case be taken away from L.A. County Superior Court.

Eardley made a case for taking it to the federal level by writing, "The deprivation of her civil liberties by the conservator is so severe as to interfere with the effectiveness of the scheduled medications that are covered by the Food, Drug and Cosmetics Act." He also claims, "It is doubtful that Ms. Spears can receive equal protection and a fair trial or hearing in the custody proceedings because of the intense media scrutiny."

The suit also alleges Britney "is being confined by the conservator to the private prison of her own home." Eardley says, "Ms. Spears has been denied the right to associate freely with her friends. She has been denied the right to make or receive telephone calls. She has been denied the right to operate a motor vehicle and must be accompanied by security guards in public, whether in a motor vehicle or on foot. She has been denied the right to receive or send mail."

Since Britney does not have the legal capacity to retain a lawyer, it's unclear who got Eardley on the case. Sources told TMZ that Sam Lutfi and his spokesman, Michael Sands, were somehow involved.

Jamie Spears' attorney told the court on Thursday that a restraining order against Sam Lufti has not yet been served because Lufti is avoiding process servers.

Jamie Spears was granted an extension of his conservatorship until March 10, the L.A. Superior Court decided Thursday, Feb. 14.

Also on Thursday, a judge appointed Britney's older brother Bryan as trustee of her trust, along with lawyer Ivan Taback. Britney is the original trustee, but the trust stipulates that "an individual Trustee shall cease to act as Trustee hereunder if he or she is under a legal disability or if by reason of illness or mental or physical disability...he or she is unable to manage his or her affairs."