Hey Dave, thought I'd raise a point.
The Civil Rights Act was enacted because after the Civil War plenty of laws were passed by the southern states and municipalities curtailing the rights of African-Americans to due process, freedom from unreasonable search and seizure, the right to liberty and justice, equal protection under the laws, as enumerated in the Constitution. The point being that states can pass whatever laws they like, but if they violate the Bill of Rights then there is no immunity for state officials, those laws can be struck down on the federal level. This is why proceedings went as follows on 2/25/05 in the Circuit Court:
The Court (to OAG): Are your clients entitled to immunity from claims brought under the Civil Rights Act?
OAG: YES, your Honor, we are.
The Court: I know for a FACT that there is NO immunity under the Civil Rights Act!
I nearly smiled, but you don't do that in Court. Still, it was very obvious to me the judge set them up to make a brazen claim and then hammered them without delay and without pity for trying it in his Court.
He was clearly angered by this insulting claim made by OAG in his Court. There was no reference to gross negligence whatsoever, because that's VA law, which isn't the issue here. Here, we're dealing with federal law, and the only reason my case was dismissed in federal court was because the Tax Injunction Act mandates that any claims for restraining state taxes must be brought in state court. I appealed to the Fourth Circuit, because whether or not I owe taxes is a minor issue in this case; the major issue is civil rights violations, and I didn't do a very good job making that argument last year, but hopefully now the Court will agree that I learned, and I have. And, by the way, if my tax liability were any issue these people wanted to litigate then they would not have dropped those claims now right off the bat after the judge said I could come back for a n injunction if they don't get rid of the liens and fast.
You can't sit there and violate someone's civil rights for three years, defame them, make false claims in courts and then say oh so sorry let's erase history, now you have no claims, which is what OAG said in Court and I said not so fast, removing the liens doesn't come anywhere close to remedying the damage they've done me for years. If the Court would have disagreed, then I doubt I would have been granted leave to amend civil rights claims, nor would the judge have said, in response to their ridiculous motion to bar me from filing any more lawsuits (even if they damage me again), which he summarily denied just like Judge Sparks did in Texas when Berber and Moor tried the exact same thing: "Maybe you should file further lawsuits." Judges can't give legal advice to parties, but you know I do believe that the Circuit Court Judge saw this coming, that they would respond by now completely reversing the liens, and if they did, if they did that proving all they did for three years completely unjustified, then I would have new claims, like the malicious prosecution, defamation and gross negligence ones I'm bringing now.
I've learned to listen to everything judges say both in words and demeanor VERY carefully, and act accordingly. When these defendants defame me by saying I don't respect the judicial system, they have no clue: I always did, and do even more now when I've seen a number of judges against the odds treat me fairly and decently, giving my claims a chance, which I know is rare when you're not a lawyer, but I hope through what I've learned I earned it.
In the end, and I don't want to presume anything, but if I were a judge, I would wonder how on Earth this 35-year-old kid who's obviously not completely stupid, has settled so many claims already, would waste all this time, would file such detailed allegations replete with exhibits that prompted one judge to say his clerk was afraid of dozens of boxes of evidence in support of an affidavit of damages against Rea and Trading Places, could just be making all of this up. Maybe that's why Jenkens said I sued all to no avail, incredible statement since Jenkens paid me to settle - even after they won dismissal in Virginia federal court. I'm sure there are plenty here who would agree it's not likely anyone would ever pay someone as direct and unforgiving as I have been about all of this a single cent unless they had a great deal to fear from the truth coming out in a court of law. |
