Thursday, June 16, 2005

Why Judge George B. Daniels Watch?

With regard to Dr. Michael James Hall's letter to the Clerk of the Second Circuit and his twice rejected complaint of judicial misconduct against Judge George B. Daniels; I too have twice tried to enter a complaint of judicial misconduct on Judge George B. Daniels and twice Ms. Pat Chin-Allen of the U.S.C.A. for the 2nd Circuit has rejected my complaint for reasons I believe to be frivolous. I have asked to meet with Ms. Chin-Allen to go over my complaint of misconduct and put it into a form that will be accepted by the court, but she has refused to meet with me without the Clerk of Court for the 2nd Circuit. The first time she rejected my complaint because my font size was 10 point instead of 12 point or larger, and because it was 6 pages instead of the maximum 5. The second time she rejected my complaint because she objected to the numerous exhibits even though there is no limit on how long or how many exhibits one can submit with a misconduct complaint. I asked Ms. Chin-Allen what the page limit was on Exhibits and she could not or would not tell me. The Clerk has not as of yet stated a willingness to meet with me on this issue. Based on Dr. Hall's posted complaint and my personal experience, it appears that the 2nd Circuit may have a pattern and practice of rejecting misconduct complaints concerning Judge George B. Daniels. I am not a lawyer, but I believe this is a civil rights issue. Is the U.S.C.A. for 2nd Circuit violating our civil rights by rejecting without action our complaints of misconduct against Judge George B. Daniels? I believe they are, as a result I have decided to create this blog entitled JudgeGeorgeBDanielsWatch and I encourage any and all who have complaints against Judge Daniels to make their concerns or complaints about him known. I believe the current complaint process is not working at the U.S.C.A. 2nd Circuit.

My case U.S.S.D.N.Y. 02-civ-4250 started out in New York State Supreme Court. It is a gay discrimination, perceived HIV+ discrimination, psychiatric injury (Acute Complex PTSD aka Acute PDSD) caused by the "workplace bullying" of my former manager, liable, and slander lawsuit against my former employer JPMorgan Chase Bank and my former managers. (For information on workplace bullying please go to bullyinginstitute.org and Drs Gary and Ruth Namie.) Defendants removed the case to the U.S.S.D.N.Y. under the diversity of jurisdiction rules because I live in New Jersey and am technically a New Jersey citizen. I was diagnosed by the late Psychiatrist Dr. Henry Victor Beaulieu. To make a long story short, I lost my attorney in September of 2002. She motioned to withdraw as council, I cross-motioned to have her removed for cause and my $15,000 contingency fee returned. Judge Daniels ignored causes of action in both motions and the issues of legal misconduct and legal malpractice by my former attorney. He simply ruled as both plaintiff and attorney have motioned to remove council, council is removed. He made that ruling the same afternoon I entered my cross-motion. The judge, who has been crowned the unchallenged king of delayed decisions, ruled the same day that I entered my cross-motion. I have been Pro Se ever since. He clearly did not give my cross-motion justice. If he didn't want to work on it, he could have and should have appointed a magistrate to deal with the situation. But he did not do so. As a result he irreparably damaged my ability to find and retain a new attorney. I have no lump sum payment to hire a new attorney, and no ruling that at least says I was justified to want my former attorney removed. Every potential attorney I went to wanted to speak to my former attorney, and as a result no new attorney would take my case. As per Dr. Beaulieu I applied for Social Security Disability because of my Acute Complex PTSD. The SSA gave me my disability and I have been on SSA disability ever since. I am well educated and very articulate. However I now have, for lack of a better phrase, a nitro glycerin personality. I'm on Seroquel, Klonopin, and Wellbutrin to manage the situation. My main symptoms are lack of focus on anything unrelated to my case, chronic fatigue, panic attacks. I have severe difficulty focusing on just about everything, except I can symptomatically fight for justice with regard to my case. I am symptomatically obsessed with obtaining justice for my case. I have been Pro Se for nearly three years now. My case is where it is because I got it there without an attorney. I myself did the discovery. I signed up for Westlaw Access and did my own legal research. I amended my own complaint to the U.S.S.D.N.Y. I responded to defendants' motion for summary judgment writing a brief that I believe to be very very good even if I had been a lawyer, and I am certain that I defeated the motion for summary judgment, yet Judge Daniels has not yet ruled on it even though he has had it over a year. My case is easy and straightforward. He either agrees with all, some, or none of my legal arguments. But he has to rule. Throughout my case I have complained to judge Daniels about the way defense council have abused my psychiatric condition and pro se status, Judge Daniels did nothing. I have also regularly complained to him about the way he was managing my case through the judicial process. Again he did nothing. I was awarded my disability from the SSA prior to the defendants even entering their motion for summary judgment. I believe the ruling by the SSA should have legally estopped the motion for summary judgment from being entered; it did not. I believe the motion for summary judgment was purely a malicious act of abuse by defense council and a piece of legal garbage. They were trying to push me over the psychiatric cliff of oblivion and Judge Daniels let them. Subsequent to the NYTimes article by Benjemain Weiser, I wrote to Judge Daniels stating that I needed reassurance from him that he could rule in a timely manner. I got no response from him or his office. I then mandamused Judge Daniels to the U.S.C.A. In my petition for mandamus I also asked the U.S.C.A. to alleviate, investigate, and solve the civil pending decision problem in Judge Daniels courtroom. When they didn't respond after 90 days, I entered a motion to expedite the mandamus stating two of my symptoms are hypervigilence and hypersensitivity and if I don't hear from the U.S.C.A. by June 15, 2005 I will have no choice but to go to the Supreme Court and Mandamus the U.S.C.A. to rule on the Mandamus of Judge Daniels. I pointed out to them that if I had to do that, it would clearly demonstrate that they were not only violating my civil rights, but also likely violating the civil rights of others in Judge Daniels civil pending decision queue that is the longest in the Federal Court System. They responded in a very interesting and political way. They denied my petition for mandamus, but they denied it without prejudice to renew if the U.S.S.D.N.Y. has not acted on the motion for summary judgment within 90 days. In other words they gave him a soft 90 day deadline tied to the U.S.S.D.N.Y. and not to Judge Daniels specifically. If he doesn't rule by August 19, 2005 or hand the case over to another justice, I will renew the mandamus petition. If the U.S.C.A. denies it a second time, I will appeal that decision to the Supreme Court and sue the U.S.C.A. and the U.S.S.D.N.Y. for violating my civil rights. If I have to, I will do it all Pro Se on SSA disability. I believe there needs to be a thorough investigation into Judge Daniels case management procedures as well as why his pending decision queue was permitted to grow so long. I believe Judge Daniels is engaging in a pattern judicial misconduct that needs to be stopped. I ask that all those who have had similiar experiences with Judge Daniels make their complaints known.

Christian Williams

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Anonymous said...

I write to say that I am a pro se litigant too at present in the process of filing a complaint against a judge. I sympathize totally with your situation. I too had a health problem which I write about extensively and lost my job after being constructively discharged and suffering extreme discrimination. I also worked in the financial district, like you, for a financial company. I hope I can make you feel better by telling you that the courts are inherently prejudice towards pro se litigants, as I too have experienced. But may I make a suggestion? You're a good writer and since I benefited enormously by writing about my experience, perhaps you could too. Not that I think you should give up - because you should not - but blogging about the connection between how your health situation caused a domino effect is so important for people to hear. I do it on Hubpages.com. (I truly am not a representative of hubpages). I also have a website called www.targetedpatient.net. I am not only still pursuing my case, I am trying to knock down that proverbial wall connecting healthcare, employment discrimination and the courts. See where we're going with healthcare? Do you see what they're doing? Write about it. There's, I believe, a connection. But please believe me when I tell you that courts are notorius for ruling for defendants in pro se cases. Even lawyers are less and less representing plaintiffs in civil matters. Individual rights are being thrown out the window. Do not quit but understand that you are not alone. Never give up hope. I wish all the best for you.

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