4 ms·

Sue for declaratory judgment to have court decide if they broke a rule or law. No money in this, but can lead to their losing job. You can follow up with injun

Sue for declaratory judgment to have court decide if they broke a rule or law. No money in this, but can lead to their losing job. You can follow up with injunction from court to order them to cease whatever it is. Then contempt of court if they violate injunction.

giantg2 5y ago
I talked to a civil rights lawyer. It would cost at least $5k to get the case going. He also said that while there is basis for a case, the courts generally don't care unless there was substantial monetary damages. I submitted the information to the DOJ, who are supposed to sue if there's a pattern, policy, or practice that violates one's rights. Frankly, I don't think they'll do anything. Same as the other things I've done - contacting reps (ignored me), filing IAD complaints ("counseled" the trooper but nothing more), filing a bar complaint against the prosecutor (the bar says they won't even investigate prosecutors unless a court declares misconduct and of course that costs money to sue), and a judicial complaint against a magistrate (apparently a recording of the trial does not present sufficient evidence of misconduct even though there was clear bias, he's a retired police chief, refused to even hear a defense motion which is a 4th amendment violation, and yelled at the defense which is an example of misconduct that given when filing out complaint form). Nobody in the system wants to hold others in the system accountable. The system itself is more important than any individual's rights - that's the justification they give for keeping judicial conduct records secret, even if they contain exculpatory evidence.
- landemva 5y ago
  If you have the interest you can go after declaratory judgment yourself. Look in your State laws and line up COMPLAINT with every requirement in law. If you don't ask for money, a pro-se can get this started. It's mostly a process. Rights are available to those who individually enforce them. The attorney's bar club just protects the club members. But malpractice insurance companies know the game and rate the policies based on number of complaints against each attorney. Several complaints significantly increases malpractice insurance cost.
  - giantg2 5y ago
    My experience with pro-se representation is that the court doesn't like to side with pro-se individuals. Basically you have to prove everything to twice the standard that the lawyers do to convince the judge. I might look into it, but I highly doubt anything will happen. I don't think the complaints matter unless they are pursued. In this case the bar says they won't even investigate it without a court finding misconduct occurred (at that point is there even any investigation needed? Wtf does the bar complaint actually investigate?).

giantg2 5y ago

I talked to a civil rights lawyer. It would cost at least $5k to get the case going. He also said that while there is basis for a case, the courts generally don't care unless there was substantial monetary damages. I submitted the information to the DOJ, who are supposed to sue if there's a pattern, policy, or practice that violates one's rights. Frankly, I don't think they'll do anything. Same as the other things I've done - contacting reps (ignored me), filing IAD complaints ("counseled" the trooper but nothing more), filing a bar complaint against the prosecutor (the bar says they won't even investigate prosecutors unless a court declares misconduct and of course that costs money to sue), and a judicial complaint against a magistrate (apparently a recording of the trial does not present sufficient evidence of misconduct even though there was clear bias, he's a retired police chief, refused to even hear a defense motion which is a 4th amendment violation, and yelled at the defense which is an example of misconduct that given when filing out complaint form). Nobody in the system wants to hold others in the system accountable. The system itself is more important than any individual's rights - that's the justification they give for keeping judicial conduct records secret, even if they contain exculpatory evidence.

landemva 5y ago
If you have the interest you can go after declaratory judgment yourself. Look in your State laws and line up COMPLAINT with every requirement in law. If you don't ask for money, a pro-se can get this started. It's mostly a process. Rights are available to those who individually enforce them. The attorney's bar club just protects the club members. But malpractice insurance companies know the game and rate the policies based on number of complaints against each attorney. Several complaints significantly increases malpractice insurance cost.
- giantg2 5y ago
  My experience with pro-se representation is that the court doesn't like to side with pro-se individuals. Basically you have to prove everything to twice the standard that the lawyers do to convince the judge. I might look into it, but I highly doubt anything will happen. I don't think the complaints matter unless they are pursued. In this case the bar says they won't even investigate it without a court finding misconduct occurred (at that point is there even any investigation needed? Wtf does the bar complaint actually investigate?).