From Lisa Nadig–court bloggers have same 1st Amend. Rights as mega media

http://www.usatoday.com/story/tech/2014/01/20/defamation-bloggers-supreme-court/4658295/

Court ruled that bloggers have First Amendment protection when sued for defamation

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GRANTS PASS, Ore. (AP) — A federal appeals court ruled Friday that bloggers and the public have the same First Amendment protections as journalists when sued for defamation: If the issue is of public concern, plaintiffs have to prove negligence to win damages.

The 9th U.S. Circuit Court of Appeals ordered a new trial in a defamation lawsuit brought by an Oregon bankruptcy trustee against a Montana blogger who wrote online that the court-appointed trustee criminally mishandled a bankruptcy case.

The appeals court ruled that the trustee was not a public figure, which could have invoked an even higher standard of showing the writer acted with malice, but the issue was of public concern, so the negligence standard applied.

Gregg Leslie of the Reporters Committee for the Freedom of the Press said the ruling affirms what many have long argued: Standards set by a 1974 U.S. Supreme Court ruling, Gertz v. Robert Welch Inc., apply to everyone, not just journalists.

“It’s not a special right to the news media,” he said. “So it’s a good thing for bloggers and citizen journalists and others.”

Crystal L. Cox, a blogger from Eureka, Mont., now living in Port Townshend, Wash., was sued for defamation by Bend attorney Kevin Padrick and his company, Obsidian Finance Group LLC, after she made posts on several websites she created accusing them of fraud, corruption, money-laundering and other illegal activities. The appeals court noted Padrick and Obsidian were hired by Summit Accommodators to advise them before filing for bankruptcy, and that the U.S. Bankruptcy Court later appointed Padrick trustee in the Chapter 11 case. The court added that Summit had defrauded investors in its real estate operations through a Ponzi scheme.

A jury in 2011 had awarded Padrick and Obsidian $2.5 million.

“Because Cox’s blog post addressed a matter of public concern, even assuming that Gertz is limited to such speech, the district court should have instructed the jury that it could not find Cox liable for defamation unless it found that she acted negligently,” judge Andrew D. Hurwitz wrote. “We hold that liability for a defamatory blog post involving a matter of public concern cannot be imposed without proof of fault and actual damages.”

The appeals court upheld rulings by the District Court that other posts by Cox were constitutionally protected opinion.

Though Cox acted as her own attorney, UCLA law professor Eugene Volokh, who had written an article on the issue, learned of her case and offered to represent her in an appeal. Volokh said such cases usually end up settled without trial, and it was rare for one to reach the federal appeals court level.

“It makes clear that bloggers have the same First Amendment rights as professional journalists,” he said. “There had been similar precedents before concerning advocacy groups, other writers and book authors. This follows a fairly well established chain of precedents. I believe it is the first federal appeals court level ruling that applies to bloggers.”

An attorney for Padrick said in an email that while they were disappointed in the ruling, they noted the court found “there was no dispute that the statements were false and defamatory.”

“Ms. Cox’s false and defamatory statements have caused substantial damage to our clients, and we are evaluating our options with respect to the court’s decision,” wrote Steven M. Wilker.

From Joanne;

 

Now if we can only get the Illinois ARDC to find that attorney bloggers have the same rights to the First Amendment especially when discussing corruption in the courts, there will be finally a win for the State of Illinois.

Jerome Larkin, head of the ARDC does not want that though.  He refused to have the ARDC managing staff and lawyer publish their Ethics Reports under the Illinois Ethics Reporting Act of 2009.  He ran a kangaroo court for myself and Kenneth Ditkowsky when all we did was write hundreds of faxes, letters and blog posts to protest the fact that the Mary G Sykes case was wired, the Judges admitted it in various ways, Judge Stuart lied at my trial when at first she sad she never chained poor Gloria Sykes, the Protective younger daughter, and threaten her pets with euthanization. Eventually, as warned by this blog on May 23, 2015, Mary Sykes, age 95 was narcotized to death and her body has not been tox screened or autopsied, but the Cook County Coroner should do it ASAP.

We now have a list of 30 probate cases across the nation where seniors were subject to “target, isolate, drain the estate, narcotize to eliminate and then creamate (to destroy the witness and evidence”.

Jerome Larking and his staff of ARDC attorneys–Sharon Opryszek, Melissa Smart and Leah Guiterrez Black have all covered up the Mary G. Sykes case and others where seniors have been fleeced and narcotized to death.

Recently Morris Eformes and Son Phillip were indicted for $1 billion in Medicare/Medicaid and state health care fund fraud in Florida.

Jerome Larkin protected Illinois Atty Seth Gillman for TWO YEARS, while he prosecuted myself and Ken Ditkowsky for speaking out against this massive network of health care fraud and probate court fraud in Illinois.

Illinois citizens are demanding better government. We want people who engage in these crimes and cover ups to either be indicted or tested immediately for psychopathy with a PET brain scan and removed and delicensed.

It is psychopaths like these that destroy the very fabric and fiber of civilization leaving Illinois and Chicago and unsafe environment for disableds and senior citizens.

Joanne

see case decision here:  http://cdn.ca9.uscourts.gov/datastore/opinions/2014/01/17/12-35238.pdf

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efiling–one of the MOST pressing problems in state court

Dear Readers;

From the time I was admitted to the bar way back in 1985, one of the problems I found is that when attorneys made errors or forgot something or no longer wanted something in the file, it would just appear or disappear!

In 2000 all the Federal Courts went to efiling on a system called Pacer.  Now, I am certain that’s because efiling is immune to court record tampering and I submit for your amusement the fact that federal court went to efiling first is because that system abhors file tampering, whereas 10 years later in most of Illinois, the system is not efiling, there is no public access to most of the system on line and the court’s filing system in Illinois is a dinosauric, antediluvian tragedy which I have been ticked off about since 2000 when the federal court system went to efiling but the states are lumbering along.

I know this will put a ton of (unskilled, paper shuffling) file clerks out of business in favor of a rarified smaller group of IT specialists, but civilization moves ahead in time with or without you.

Small children know how to operate a cell phone, text, tweet, facebook, myspace, build and operate their own webpages, etc. but our nation’s state court system simply cannot tolerate such forward thinking.

And in case you’re wondering about all those 80 + year attys toddling about federal court, yes, Virgina, they finally let them forego Pacer and walk up to the pro se desk with all the other pro se’ers and file there.  I don’t personally have a problem with that.  I think if an older attorney files an affidavit that he or she (but that was a time when women could not be attorneys, but I will save that for another post), still thinks a post is something you hitch a horse to, and a tweet is something birds do, and myspace refers to the bathroom or something, by all means I think THEY and only such attorneys should be allowed to still paper file anything.

Getting back to my point, it truly irks me that while Obama has mandated EMRS or electronic medical records by 2014, where is our nation’s court system on this position?

Why is there no hue and cry that court records and files MUST be electronic by that date also.

see the article at:

http://www.emrandhipaa.com/emr-and-hipaa/2009/01/14/obama-wants-full-ehr-by-2014/

And before you think that HIPAA is any great shakes, you should know that during a recent case I had taken on briefly, I was shocked to find out that HIPAA has no remedy!  That’s right folks.  If your doctor, pharmacist or any other health care provider publishes your medical records online to secure payment because you did not pay a bill–nothing to sue over.  It’s true.  There’s nothing in the statute, and only 3 Illinois cases have looked at this and the Ill. App. Ct. said, hey, there’s no remedy for a HIPAA violation.  So next time you’re at your docs and they blame something irksome on HIPAA you can just turn to them and say, so what?  There is no remedy and no violation and if you wanted to, you could paper the bathroom walls with any medical record you want and I can’t do anything about it, so don’t blame HIPAA.  I believe HIPAA was created so that insurance companies could freely exchange med info to slap unsuspecting insureds with the dreaded “pre existing condition” and lying about your med records to deny or increase your coverage.  I guess with Obama, that’s dead, but HIPAA is not and it only allows insurers to freely pass around your medical information DESPITE the fact it was touted as a law to protect the consumer!

Go hug a lawyer today for telling you the truth.  The statute was a scam and should be repealed.  What a load of junk.

And where was AARP on this issue when they recommended HIPAA?  Out selling overprice medicare supp insurance, that’s where they were.

Getting back to efiling, I know that the Rockford court system in Illinois was granted $80 million to implement it and what they have is a horrid sham.  Well, except for the fact I have been in Rockford and the Winnebago court system and every person out there can tell horrible stories of being shafted by a corrupt court system.

This has to end.  Obama, get in there and give us CLEAN court systems via electronic filing.

I have talked to the dudes at Pacer.  They claim they can come in and within a month set up a court filing system on efile from soup to nuts, in about a month and for minimal cost.

What is going on with our court system, that’s what I want to know.

thanks for listening

JoAnne
PS–okay, the cases on HIPAA were a bit of overkill.  If your doc plasters his bathroom with your medical reports, or publishes them online, etc., you CAN still sue.  The Illinois courts have adopted the tort of “intrusion of seclusion” which came from the common law, and when I say common law, that means some court in England from centuries ago.  It’s amazing how the “common law” is better than an expensive, insurance company touted legislation that does nothing whatsoever for consumers except let one insurance company rat on you to another.  That stinks.

Letters from KD still calling for an investigation

Dear Readers;

I supposed since a police officer from the Naperville police dept was called by LB as a witness to “Ken’s misconduct” in calling for an investigation, and Senator Kirk did not testify against him, Richard Durbin or anyone from the Department of Justice in Washington DC, I would assume these letters are proper.

It is only complaints to Attys Cynthia Farenga, Adam Stern and police officers in Naperville that complaints are improper!

See attached and we are all still wondering when anyone out there in criminal justice will take a look at the fact at the following criminal and wrongful misconduct which is created when a probate court clearly operates without jurisdiction in Sykes (conversion, wrongful eviction, false imprisonment, etc.); Tyler, Gore, Bedin, Wyman (conversion, Medicare fraud, false imprisonment, violations of 42 USC 1983, etc.)

It is clearly a mystery to me.  I still think both Ken and I have to get jobs at the ARDC and the US Atty’s offices so that someone there will actually DO something about all the bias and corruption in probate court.

thanks

joanne

sykesblog-KDltrs-JMDardcpanel

From Ken Ditkowsky — a form for requsting an accounting.

A form is guide as to the basics.    (These are Ken’s comments on WestlawNext – HORNER–PPE, § 50:22. Citation to compel accounting and settlement—Forms—Petition for citation, available at any law library.  Chicago has a great public and free law library on the 29th floor of the Daley center).
I am suggesting that this form be used by an ‘interested person’ to require the guardian/executor or other appointed individual to account.   For instance, in the Sykes case I am suggesting to Gloria/Kathy/Aunt Jo/Aunt yo and/or other interested persons to ask for an accounting for Carolyn.   For instance, the petition should disclose:
1) We know that Mary was a millionaire.   She had inherited from her husband and from Albert Biddy gold coins worth at this point in time over a million dollars. We also know that she had a safety deposit box that also had Gloria’s name on it and this safety deposit box was drilled by Carolyn.   (This is the safety deposit box that Cynthia Farenga testified that neither she or Adam Stern went to observe and Carolyn had free rein over it).    We also know that Mary had money of her own, and in particular there were funds that she had in a mattress.  Finally there was jewelry, antiques etc.
2) Under Illinois law being appointed a guardian does not create a forfeiture of the ‘ward’s assets’ but it places the guardian in a fiduciary relationship to the ward.   Ergo, there is not only a statutory duty to account for all of the assets, but a common law duty.    The published form provides a guide as to what should be said and is an acknowledgement that even those persons (including guardians and guardian ad litem) who are governed by Title XIa of the Probate act have to comply with this duty.
The time to take off the gloves is right now.    There is no reason for the State of Illinois and the United States of America not to collect the taxes due created by the taxable event of the plenary guardian not inventorying assets that she obtained in the raid on the safety deposit box, the house etc.    One has to be an idiot not to be suspicious of the fact that neither the plenary guardian or the two Guardian ad Litems have not made application for fees – why should they – over a million dollars of assets have not been inventoried.   The Wizard of Oz has not made the million dollars disappear.    It is logical that the two guardian ad litem and the plenary guardian who are trying desperately to vitiate the First Amendment Rights of persons (including me) who have spoken out have some ‘role’ in the non-inventory of the substantial assets.
Ken Ditkowsky

www.ditkowskylawoffice.com

 

From John Wyman – 48 talking points–to the FBI

This is from a letter that John Wyman sent to the FBI.  I don’t know when that letter was sent, but so far nothing has become of it.

The letter was sent to the US Dept of Justice attorneys at 219 S. Dearborn St, 5th Floor in Chicago, IL 60604, but so far, nothing has come from this obvious fraud.  Do you think I should put in an application to work there?  Obviously, whatever attys are there are not doing their job.

Yeah, I think Ken and I need to apply there–tomorrow.  I’ll call them for an application and submit a resume.
I think John Howard Wyman did a wonderful job on this and I want to thank him for doing this and being proud to share it with us.

see below and take care all.

JoAnne
PS–please excuse formatting errors and some typos.  It was scanned in and OCR’ed, and we all know how those computers are!

UNITED STATES ATTORNEY’S OFFICE

Department of Justice, 219 S. Dearborn, 5th floor, Chicago, IL
Thank you for reviewing the Elder Abuse case involving my mother, Winifred Carol Wyman. Her birthday is 12/26/31. Winifred Carol Wyman’s case number is 2009 P-197 in the 17th Judicial District of Northern Illinois, Winnebago County. I believe mine and my mother’s civil rights have been violated for the last three years.
I will present my case in chronological order to the best of my abilities. I’ve studied intensely Elder Abuse and the law for the last three years.
1) December 2008 – I saw my mother at my father’s, aka Powell Wyman, sister’s house, aka Pam Freeman. She appeared fine at that time except for missing most of her teeth due to neglect by my father.
2) January 3, 2009 – I received a frantic call from my father’s sister, Pam Freeman, that my mother was refusing to go into a nursing home and my youngest brother, aka David Wyman, needed help putting her there. (Physiological Abuse) is threatening elder senior citizens with placement in a facility that they do not want or need. After call to my brother, David Wyman, he assured me he could handle it himself.
3) March 3, 2009 – My father and brother, David, doctor shopped for a licensed clinical social worker, Bruce Person, LCSW. He found no sign of dementia or need for placement in a facility and said my father refused to sit in on the exam and that he was angry and defiant in the reception area when addressed. My father has been both physiologically and physically abusive to his wife and his children as long as I can remember. At some point my mother is prescribed Aricept. My father denied my mother medication saying he can’t afford meds. Denial of medication is another form of Elder Abuse.
4) April 3, 2009 – An incident happened at 1704 Belmont Blvd. Rockford, IL, my parent’s home, where my mother called the police on my father. The police arrived and found my mother alone and confused. My father was nowhere around. When he finally arrived, the police interviewed both my parents and because my mother allegedly threaten to shoot my father (even though there are no guns in the house and she didn’t know how to use one) the police made the decision to take my mother to Swedish American Hospital for a psychiatric hold.
S) April 2009 – In reports, my father admits giving my mother his sleeping pills (Ambien) to control her after she drank with him. A clear violation of Federal Law.  My mother has had stomach reduction surgery years ago and cannot drink alcohol at all.  Even a small amount will make her drunk and sick.  My father knew this at the time.
6) April 12, 2009 – Nine days stay in psychiatric ward – my father had my mother moved
around to different areas of the hospital to keep her away from another brother, aka Bill
Wyman, when he came to see her because Bill didn’t agree with our father’s actions.
Isolating her from other family members is another form of Elder Abuse according to IL state law.
7) April 2009 – Mid April, my mother was moved to the dementia unit at Alden Park
Strathmoor nursing home. I contacted my brother, David, and he states our mother had
her chance to go to assisted living. He said she is where she belongs (Alden Park
Strathmoor/dementia unit) and hung the phone up on me. I contacted my father and his first question was do you have any girlfriends in Rockford. I can’t get it up anymore, I’m lonely and I need someone to cook and clean for me. I replied that is what you had a wife for!)

8) April 2009 – My father isolated my mother by restricting all outside communication which included the use of the phone to call family members. Abuse again.
9) May 9, 2009 -I, aka John Howard Wyman, fly to Rockford to assess the situation myself. I arrived with my brother Bill at noon at Alden Park Strathmoor nursing home to visit our mother. My brother Bill has been put on the “no call no see list” with other family members by our father. Even though medicated, our mother looks and acts fine – not at all like the other patients.
10) May 9,2009 – Our father appears looking surprised to see me. After a casual conversation, I asked him if we could take mom out to celebrate Mother’s Day and my birthday also inviting him to join the family. The answer was “no” because she is not allowed to leave the home.
I go to the front desk to ask if the home does anything special for families on Mother’s Day. The receptionist states they couldn’t handle the volume of people but we could sign her out for the day. My father is standing behind me listening. As I turn to talk to him, He walks away. I then ask the receptionist who has Power of Attorney (POA). She just points in my father’s direction. My father turns around, comes back to the desk, and agrees to go to Mother’s Day brunch then leaves.
11) May 10, 2009 – The family (me, Bill and his children) shows up at nursing home to take our mother/grandmother to brunch. We wait for our father but he doesn’t show up. I try to contact him only to get a hold of his sisters (Pam). Pam informs me that he is not coming and that our mother cant’s go with us. Our mother says she wants out. I tell her I’ll come and get her tomorrow. More isolation for her!
12) May 11, 2009 -I show up at the nursing home with POA and witnesses Mom sign the
papers. After showing the nurse the POA, we gather her things to leave only to be kept
“locked in” for approximately 8 minutes. We pleaded with them to let us go. One can’t
hold US citizens against their will. Finally, out of the building and into the car. Seven police officers showed up with my father and stopped us from leaving the nursing home. After 20 minutes, they told me they didn’t understand the POA and that after I get it notarized I could take my mother tomorrow. I relented and took her back into the nursing home stating to the nurses not to medicate my mother. On my way out of the building 2 health care workers told me that my mother didn’t belong there. I asked them if they would testify for my mother. They said “no” because they would lose their jobs.
13) May 12,2009 -I show up at the nursing home with POA and waited for police. One officer arrived and told me I couldn’t take her even though the POA was correctly notarized because an emergency guardianship was in the pipeline. I found out later that it wasn’t going in front of a judge until May 14.
14) May 13, 2009 – An Order of Protection (OOP) was served at 6:00AM to 6 family members, namely, myself, Bill, three of Bill’s children and his son’s fiancee. It made no sense. Two of the OOP were totally unwarranted! Bill’s son Mark, aka Mark Wyman, and Mark’s fiancee were not involved. On these two unwarranted OOP, my father totally lied. Perjury is a class 4 felony. My nephew, Mark, and his fiancee are pursuing careers in health care and law enforcement. I went to the state police, which is part of “triad,” and was assigned to Dave Sam Thomas. Before meeting with him, I called District Attorneys, aka DA, office in reference to the two unwarranted OOPs. They told me it was a felony but weren’t interested in pursuing the charge. After meeting with Detective Thomas he told me he understood but his hands were tied.
15) May 2009 – I went to my attorney, aka JF Heckinger, and he informed me that the public guardian, Sharon Rudy, was my father’s attorney and that she was one of his best friends and we should be able to work this out He would see her and me back in Rockford June 16,2009 for the OOP hearing.
16) June 15,2009 – After I arrived in Rockford, I called attorney, JF, and he said he would see me in court June 16. The six of us that had been served the OOPs were in court plus Bill’s family attorney. My brother’s attorney, my attorney, JF, and my father’s attorney, Sharon Rudy, went into the judge’s chambers and “cut a deal.”  If I don’t pursue my father’s perjury charges they will vacate they OOP so my nephew, Mark, and his fiancee would be able to pursue their careers. “I fell on my sword.” When the judge gave his order, he stated that the OOPs were without meri;t however, this would be reinstated if we violated them. Didn’t make sense!  And this will turn out to create a situation where my mother is nearly killed in an abusive nursing home.  Without the “good” children who cared to come see her and make sure she is fine, the nursing home she is put in is abusive and neglects her medical care.
17) June 2009 – Still having my mother’s POA, I pursued my mother’s medical records. Before her adjudication, the physician hospital diagnosed her homicidal, suicidal, dementia, Alzheimer, alcoholism and schizophrenia.
18) June 2009 – I went to the visiting nurses association. They told me the reason my mother was removed from her home was for her own safety. They said the home was unfit to live in. I tried to explain to them that my father was the hoarder–and he was living there. My explanation fell on deaf ears only to find out later they were picking up attorney, Sharon Rudy’s fees.
19) June 16-19, 2009 – Saw my attorney, JK, and gave him Bruce Person, the LCSW, name because he was to testify at my mother’s adjudication on July 9, 2009. Attorney, JF, said he would draw up motion and send it. I received motion draft and it all but buries my mother.  I called attorney, JF, and told him not to summit it and that I would see him in court with Bruce Person, LCSW and other witnesses.
20) June 2009 – I received a call from Bruce Person, LCSW. He had spoken to my attorney, JF Heckinger and that JF stated he would do a better job if I would pay him. I called my attorney, JF, and told him he should not be discussing our business with anybody but me. At that point, I told him I would pay the balance on at court.
21) June 2009 – Before my return to Rockford, I spoke with the Guardian Ad Litem, aka GAL, Ruth Robertson, as she is the eyes and ears for the court. I filled her in on the situation of my mother’s denial of medical, health and dental care, the isolation from her family which includes her two sisters, Marilynn Cook/Colorado and Phyllis Campbell/North Carolina, and the repeated lifelong physiological and psychological abuse by my father.
22) July 2009 – I called my attorney, JF, before leaving for Rockford for the July 9 hearings. I arrived at court house at 8:45AM with my mother’s LCSW, Bruce Person. We waited until 9:15AM when a bailiff walks by and tells us there is no court today. I go to county clerk’s office to find out what went on. I am told that attorney, Sharon Rudy, had walked the case in on July 6th with my attorney, JF, and GAL, aka Kim Timmerwilke. I read the order and my attorney, JF, objected to my father being guardian as did my mother. The attorneys knew that the LCSW, Brian Person, and I were to be in court July 9th to testify that my father was abusive and a hoarder and should be removed from the home so my mother could live there safely. This is a direct violation of our due process of law to present evidence – a federal law.
23) I go to the DA’s office to complain only to have my attorney, JK, walk in for another case. He asked me what am I doing here -I said you did not tell me not to be here.
24) July 2009 -I met with GAL, Kim, and she told me she had met with my mother on July 4th at Strathmoor. Kim said my mother was delusional. At that time I told Kim about LCSW, Bruce Person, report and she said she would not believe a thing he said. She also stated that my mother requested an attorney to which she said she did not think my mother was serious. Another federal violation of my mother’s Constitutional Rights!
25) July 2009 – During this time I tried to obtain an attorney for my mother through Prairie State Legal Services. I was told that my mother had to call herself. My mother was not allowed to use a phone per my father’s orders at Strathmoor. Later, I found out that attorney, Sharon Rudy and JF Heckinger were on the board of Prairie State Legal Services. Collusion?? Conflict of interest?
26) July 12, 2009 – My mother’s sister, Marilynn, called the Rockford police from Colorado requesting a wellness check on her sister, Winifred Carol Wyman, institutionalized at Strathmoor. My mother had told her she has been beaten. The police do welfare checks but stated they did not think it was their jurisdiction. The Illinois Dept. of Health did an investigation and found that Strathmoor nursing staff failed to report and failed to protect.
My mother was beaten on July 4, 2009 by another patient. My father refused to press
charges. One of his duties as guardian is to protect and report harm to my mother. Later, GAL, Kim, admitted she saw bruises on my mother’s face. She is a mandated reporter. It is a further crime not to document/report.
27) July 27,2009 -I am back in Rockford to present information on my mother’s beating to judge, Lisa Fabiano. I am told I would have to wait until September 16th. LCSW, Bruce
Person, is ordered to do another evaluation on my mother and I am ordered to pay for his findings. The nursing home placement was not necessary because my mother scored 28 out of a possible 30 on the mini dementia test at Strathmoor in court. ????
28) July 31, 2009 – Evidently, my mother’s situation at Strathmoor had shed too much notoriety on the institution. They wanted her gone so she was transferred to another facility. My father did not have time to isolate her at the new home. My mother asked to use the telephone and called, from memory, her hairdresser to come help her do her laundry. The hairdresser picked my mother up and my mother requested to be driven to Colorado. When I first see her, she has a bruised jaw, blacken eye and a large knot on her forehead. She is extremely anemic. I get the necessary medical care for her. I take my mother every week to the doctor for iron and B12 shots. The judge, Lisa Fabiano, lets me keep her acknowledging that I was doing a good job. I am HAPPY and cannot believe with my mother’s diagnosis of homicidal and suicidal behavior that they let me keep her.
29) September 16, 2009 – Before the hearing, attorney, JF, asked to be excused from the case. I go PRO SE. I am smelling collusion–and lies. They ask me when it is convenient for me to come back for a hearing and I tell them November 30, 2009. At this next hearing, I will present evidence. They request for my phone number again so my father may call his wife. He never calls.
30) September 2009 – While still in Rockford, my roommate calls saying my mother was
complaining of chest pains. My roommate takes my mother to the emergency room. The Doctor admits her to the hospital because she is two pints short of blood. If she had been in Illinois, she would have died. With the blood transfusion, it was like the lights had been turned on! I keep the GAL, Kim, informed on my mother’s recovery during this time.
31) November 30,2009 -I return to Rockford for hearing and file the motion my attorney, JF, had prepared so I could present evidence in court. Attorney, Sharon Rudy, objects to everything that I have to say. Attorney, Sharon Rudy, again requests my phone number because she has misplaced the number and that is why my father has not contacted my mother. The court sets January 7, 2010 for a status hearing. Attorney, Sharon Rudy, court ordered to obtain ID, social security card etc. for my mother. They also set value of estimate for the house at 1704 Belmont Blvd. at $101,000.00. (Turns out that value is lie only to put probate atty fee liens and medicare liens on the house to have it sold.  The clear value, after reviewing comps and talking to a Realtor is $60,000–this was done as a ruse to meet the medicare cut of off of $101,000 to prevent impoverishing a spouse, only homes over $104,000 can be sold to pay nursing home liens!)  I ask for my mother’s social security payments for September, October and November 2009. Federal law mandates that the money follows the person.  My mother needs clothes, food and living expenses!
32) January 7, 2010 – I return to Rockford for status hearing. In court, I asked attorney, Sharon Rudy, for my mother’s ID and social security card. Attorney, Sharon Rudy, does have these items but states she did not understand the order. Ignoring a court order is contempt. I told the judge that I had made my mother a Colorado citizen and asked for her social security checks and they said they would look into it. Also at this status hearing, they make me guardian of person but I would not receive papers until May 2010. I am taking care of all
my mother’s health and welfare needs with my old Power of Attorney Form. At this point in time, my father is in a nursing home. I made a request to bring my mother back to her home, 1704 Belmont Blvd/Rockford to live. Both attorneys objected, saying the house is too deplorable—yet it was perfectly fit for my father to live in from May of 2009 to January 2010! Attorney, Sharon Rudy, filed a “Motion to Show Cause” why I should not be sanctioned (for saving my mother’s life and taking her to Colorado)  for me to pay her and GAL, Kim, for my contemptuous behavior and kidnapping my mother, yet they agree I am doing a great job with my mother. Attorney, Sharon Rudy, still objects to me presenting evidence and accuses me of copying her motion (word for word verbatim) that I filed November 30,2009. It was the same motion that my attorney, JF, had drafted and billed me for as did attorney, Sharon Rudy. Doubled billed! More collusion? I do not know.  If a doctor would have engaged in such fraud in order to place a homeless person in a nursing home and taken fees for it, he will be given 15 years and put in federal prison for 15 years.  But when judges and attorneys do the exact same thing–medicare fraud by altering home price appraisals to put a senior in a nursing home, get guardianship and then sell the home to a “friend” or “business parter”, for some reason the FBI looks the other way.
33) March 2010 -I return to Rockford for another status hearing. They give me my letters of guardianship for my mother. I give my answers to RTSC and motion to set aside
adjudication. I started to gather medical and nursing home records. The nursing home
administrator asked outright if this was for a lawsuit.
34) April 2010 – My mother breaks her hip and ends up with medical delirium.
35) June 2010 – I bring my mother back to Rockford for hearing. We drove from Aspen to Chicago arriving on a Friday. I receive a phone call from GAL, Kim, saying I hope you have not left Colorado yet because court has been cancelled by attorney, Sharon Rudy. Attorney, Sharon Rudy, claims she has not had time to look over my answers. I am not happy. Judge Fabiano agrees to see me June 2. GAL, Kim, says she cannot attend and attorney, Sharon Rudy, will not be there either so I will be able to present my evidence. However, attorney, Sharon Rudy, shows up and objects to me presenting evidence.
36) July 2010 – I fly into Rockford on a Friday for the Monday hearing. Again court is cancelled late on that Friday. The judge, Lisa Fabiano, went on vacation to Italy. I cannot believe she did not know in advance about her pending vacation to Italy. My mother is in hospital in Colorado recovering from her condition. I keep the GAL, Kim, well informed. I then go to U.S. Attorney’s office next to GAL, Kim’s, office to file a complaint in reference my mother’s case against attorney, Sharon Rudy, GAL, Kim, and judge, Lisa Fabiano. The office refuses to hear my case. Only later, I find out that GAL, Kim, is having an affair with US attorney, aka John McKenzie. An attorney in that office. More collusion? I do not know?
37) July 2010 – The next hearing is to be held in late July. Judge, Fabino, apologizes for her absents and lets me appear by phone saying this must be getting expensive for me. I
request my mother’s back social security and again they say they will look into it. Nothing is accomplished. Final court date is set for late November 2010. I also informed the court that my father has plenary guardianship and has failed to obtain supplemental insurance for my mother. This created a mess for Medicaid after my mother’s broken hip.
38) November 30,2010 – My mother is doing better in rehab. I return to Rockford for the
hearing. It is the first time my father appears in court. By this time I have two file boxes full of evidence and conflicting reports created by different agency – Rockford police,
administration at Strathmoor and the courts. They see my boxes and ask if they could do this in judge’s chambers. I agree with the understanding that the atmosphere would be more open and friendly. Did not happen. Every time I spoke, attorney, Sharon Rudy,
objected. Again, I asked for my mother’s social security checks and attorney, Sharon Rudy, advised me that they were going to use the social security for my mother’s share of the legal fees. This is in direct violation of federal law! A lien was filed against the house at 1704 Belmont Blvd. and they had it appraised. I informed them how my mother was doing and that she was coming back to my house to live. They also ordered me to pay my share of GAL, Kim’s, and attorney, Sharon Rudy’s, bills, basically for saving my mother’s life. My father was ordered to pay my mother’s bills through attorney, Sharon Rudy. My father is still living in the deplorable house (1704 Belmont Blvd.).
39) December 2010 – My mother is home with me again and I am taking her to Rockford for Christmas so she can celebrate with her grandchildren. My father had a heart attack and has been placed in a nursing home. When I heard this new, I immediately I called attorney, Sharon Rudy, to ask her again to allow my mother to be in her own home (1704 Belmont Blvd.). Again, she said the home condition was deplorable. I volunteered to clean it. No deal.
40) January 2011-1 have been sending my mother’s bill to attorney, Sharon Rudy, office only to have them returned to me. The office informed me that there are no funds to pay these bills. I should pay them out of the social security checks ($500.00) a month. That amount is all that she has to live on. It cost me an additional $10,000.00 a year for her care.
41) August 2011- I do not hear from the courts until I receive a notice by mail to sell my
parent’s home (1704 Belmont Blvd.) I make a phone call the day before hearing explaining that I cannot make the hearing so I file motion to vacate order. I then file another motion to set aside order and also file a Lis Pendes.
42) October 2011- Hearing is set for October 2011. I asked for a court date but never heard back from the court. I arrive at 11:45 on court date and call GAL, Kim. She says I failed to appear and have to reinstate my motions. I have sat in this courtroom for a 9:00AM hearings many times and have waited until noon. They would not hear my motion to re-file even after I re-filed. Their last minute cancellations oftwo court dates and my mother’s adjudication were moved up without notifying me. Does not seem fair.
43) December 2011- I am back in Rockford. After re-filing, I am not in front of the judge more than a minute and she upholds the sale of the house for 75% of the value of the house and all the cost involved. Furthermore, the cost for attorney, Sharon Rudy, and the new GAL, Atty Mrs. Kim McKenzie. I go to the U.S. Attorney’s office again to complain and again I am turned away. I think because GAL, Kim, and US attorney, John, are now married. More collusion?
44) March 2012 – My mother is allowed to go into her home (1704 Belmont Blvd.) for the first time in almost three years to tag her personal possessions. She is allowed to tag about 14 items. I record the whole house that I can see with a camcorder. Attorney, Sharon Rudy, enters the house with my mother’s caregiver and attorney, Sharon Rudy, states this is a real nice and at that point she tells the caregiver that she had not been in the house before! With the exception of the garage, all the other rooms were clean and livable. After taping for 45 minutes, since I am in town anyway, I offer to do a complete inventory. Attorney, Sharon Rudy, says no that the auction service would do it. While in town, I do an interview on a CBS news program in reference to the book I wrote on Elder Abuse.
45) May 11, 2012 – The court ordered that there would be an auction but would not be held until I went over the complete inventory list for all of my mother’s art supplies, art work and personal possessions etc., Attorney, Sharon Rudy, and GAL, Kim, tell Judge,  Lisa Fabiano, it is like a divorce without there being a divorce. My parents are still married! My brother, Bill, was told to pick up the 14 items that our mother had previously selected. I have to wait until Monday for the order to be handed down. This delays our trip back to Colorado.
46) May 2012 – We stayed just to sign the order Monday after the court hearing. GAL, Kim, saw my mother privately for 7 minute but claims that she was with her 20 minutes in court and states if my mother’s caregiver does not go to Colorado that they will revisit the case and try to place my mother in a nursing home in Illinois.
47) July 2012 – My brother, Bill, goes to house to retrieve my mother’s 14 selected items only to be given 4 of the items and was not allowed to look in the house. He looked in the windows and said that the house was empty and our mother’s stain glass is missing from the yard. Bill calls me to get a hold of GAL, Kim, to ask her for the rest of the 14 items on the list. GAL, Kim, said she would look into it and make sure attorney, Sharon Rudy, either emails or mail them to me. This has not happened yet… I get a call around the July 10th stating that they had a garage sale without my knowledge – another court order violation. They sold my mother’s life away against court orders. I made two calls and one e-mail to  GAL, Kim, but no reply from her as of yet and no inventory list from attorney, Sharon Rudy. I also saw Kevin O’Connell from Lisa Madigan’s office 1 am sure he will cooperate with the US Attorney’s office. They have trampled my mother’s and my rights with their collusion and complicity. There is more information to prove that all of these people should be investigated.
a. Sharon Rudy/Public Guardian and Attorney
b. Lisa Fabiano/Judge
c. Kim Timmerwilke McKenzie/GAL
d. John McKenzie/US Attorney
e. JF Heckinger/attorney
f. Alden Park Strathmoor/nursing home
g. District Attorney’s Office/Rockford, IL
h. U.S Attorney’s Office/Rockford, IL
48) July 2012 -I have written my mother’s story in book form called Against Her Will. The book has received national attention. Regardless of your decision to investigate our case, I have become an advocate against Elder Abuse.
Thank You Very Much,

John Howard Wyman

From Ken Ditkowsky, the gun is still smoking.

From: kenneth ditkowsky
Sent: Nov 12, 2012 4:02 PM
To: Janet Nideb
Subject: Smoking gun – Did you see it?

I think we are at a juncture.   It is fish or cut bait!
I have in my possession an e-mail from Cynthia Farenga to a Illinois ARDC lawyer that is a smoking gun.    So that it does not disappear I published it by sending a copy to the United States Attorney General, Senator Kirk, Senator Dubin, and the ARDC itself.  I intentionally did not make any reference to the document that would make it stand out or even be noticed.   I then tested the waters by sending a copy of the document containing the ‘smoking gun’ to my elected representatives, law enforcement, my wife and also to a excellent and seasoned investigator.     To my surprise, the document passed by all the prying eyes totally un-noticed.  (so much for diligence and concern about the First Amendment)  There were also a few organizations that received copies of the document and again it passed un-noticed.
Let me assure you the ‘smoking gun’ will not continue for long to be passed over. like a cancer the ‘smoking gun’ will lie un-noticed until I think the time right to uncover it. I mention this little event because the time to get on the bandwagon and to mark your claims is right now.   This is your opportunity to be profound and get in position to say *****.
The public is getting restless – Grandma is being abused on the front parkway and too many people are watching and cheering the abuser.   It soon will be time to arrest and bring the rapists to Justice and administrate a little pain to the cheering multitude.  If you are with Grandma – send a letter to your elected representatives and local law enforcement and demand an honest investigation of such august people as the guardians and guardian ad litem who have done such a marvelous job in luring grandma to the rape site and stripping her naked of her liberty, her property, her human rights and her civil rights.   [However, if you are not with us – you are free and we will even help you send a letter to your elective representatives to disclose to him/her what terrible people we are and how reprehensible it is to interfere with ‘nature’ by stopping the rapists from ravaging Grandma!]
Ken Ditkowsky

www.ditkowskylawoffice.com

How to Structure a Complaint — don’t be chatty

On of the things that comes up when I am working with a client on a complaint is that they want to be chatty!  Also in briefs, even when I have a 20 page limit and I have to cite caselaw, they want to dump the case law and get chatty!  No, it does not work that way.  Most business clients with a business degree understand and have no problems with that, but your average client that want to regurgitate all about her kitchen sink yesterday–yikes!

So, for all your pro se’ers out there and those of you permitted to have some input in your attys briefs, this post is dedicated to you.

And you know what?  I also have to dedicate it to new law school grads!  Because law schools are officially nuts and have no bearing in the real world, I have to spend hours and hours explaining basic procedure, steps, dealing with court hours employees, the details of depositions and structuring cases.  You name any practical, anything nuts and bolts, anything necessary to win your case and you can bet that a fresh law grad never heard of it.

Forget the bar exam–what about the practicalities of working in a law environment.

Getting back to the topic, here are the steps:

1) pick your jurisdiction.  Federal court is for federal laws generally and you might get dismissed for bring state legal breaches and torts in federal court.  Federal court is a court of limited jurisdiction.  Fortunately, all of it’s rules (about 95%) are set forth clearly and concisely in the Federal Rules of Civil Procedure and Evidence, but of course, some you will have to get from case law.  State court takes longer and is more messy.  Plus, the decisions can be not too great and much poorer and biased because the judge loves your OC who works for some big law firm he wants to join some day.  It can be disappointing.  But the best way to combat that is to show the court you have a good case, OC and his client is scum and lies all the time, and you will not lie.  After a while when you show you are trustworthy, the judge will likely warm up to you.

2) Watch your “limitations” period.  If you are at or near a deadline, there are some great lists on the internet for seeing what your deadline is based upon your “counts” or “causes of action.”  You might want to see an attorney or look up further case law for more information.  A case in your jurisdiction in your court is the best case for you to use.  In Chicago there is a fabulous law library open to the public on the 29th floor of the Daley center in Chicago.  The law librarians (most have a law degree, but may not be admitted to the bar), are typically very nice and helpful, having worked in a fairly stress free environment.

3)  Start writing the complaint.

A complaint is always “a clear and concise” statement of numbered facts and issue that will entitle you to the relief you are seeking.  It is not a time to be chatty.  It is not a time to write a novel, but if you want to attract attention to your case, writing a novel like John Howard Wyman did is a great idea.  He did a wonderful job.

 

a)  Title.  The title of your complaint should be the counts you are bringing.  For example “Complaint for 42 USC section 1983, Abuse of Process, Malicious Prosecution, Intentional Infliction of Emotional Distress”–it should name your basic counts.  If you are doing pro se try not to file more than 3 counts.  One or two is best.  I have a small law firm, and believe me, even with putting 3 attorneys on the case, it is hard to do 5 or 6 counts.  Don’t file more than you are willing to try.  You can change these around later by filing an “amended complaint” which often occurs after discovery and depositions and you see all the dirty tricks your opponent has pulled behind your back.

b) the next step is a basic introduction naming all the counts and the defendants and a one sentence statement of why you are bringing the law suit, ie, “wrongful guardianship of a competent woman”

c) Jurisdiction and Venue.  If you are filing in federal court, this will be trickier because the statute should say you can file there.  Not all federal claims can be brought in federal court.  Federal court is a court of limited jurisdiction because the states have rights to glom on to probably 90% of the litigation out there with their crazy, elected (and often obviously biased) judges and court system.  Federal court is a special exception so you will have to find it in a statue or court ruling you can bring your claim there.  Often it is the opposite where a federal case says your claim, even if federal is “not important enough” to get into federal court and you are stuck in state court.  The good news is, state courts rarely hand out sanctions, the judge has to be really mad at you or really biased.  Most of the time you and your opponent can say anything and the court just sighs.  So you will have to say “jurisdiction is proper because all the defendants reside in this jurisdiction and the acts complained of occurred in this jurisdiction.”  Then a statement of venue (that’s the best court in the jurisdiction, and the statement is typically “venue is proper because all the actions complained of took place in this court’s area.”

c) next, bring a count one.  Carefully research your count one and find out what the “elements” of that count are.  Then read through a few cases and try to find one that is either very close or exactly like yours.  Make sure you have made a list of the elements.  Write down a short list of the facts in your case that would make up those elements. Save that list for later.

c) bring your next 2 or 3 counts via the same process.  Find a case and/or statute in your jurisdiction or state.  Write down the elements.  Write down the basic and concise fact that would comprise your claim against the defendants.

d) start writing.  take your clear concise list of facts and start a section entitiled “statement of facts and parties” or introduce the parties first and then the facts that comprise elements of your cliam.

e) write up a count .  Count I for violation of 42 USC section 1983.  Refer to what facts support those claims by paragraph number, say paragraphs 1 to 20, etc.  At this point you might want to add in a few more (2 or 3 please, not a dissertation), that help establish that claim.  Close this section with what relief you want.  Do you want an injunctions, actual damages, punitive damages, exceptional damages.  Add in attorneys fees if you will have those by hiring an attorney that will appear for you at a later day.  Perhaps you want your attorney only for trial and the statute allows attorneys fees.  You can do that.  If you find you are entitled to and want an injunction because you found it in a case, say that, ie, pursuant to case law in Illinois, Plaintiff asks for an injunction prohibiting “the filing of a CCPA211″ in the future.  If you can get punitive or exemplary damages pursuant to statute, write down the statute cite that entitles you to that, ie, pursuant to 755 ILCS sec X, Plaintiff asks for exemplary damage because the defendants behavior was extreme, cruel, willful, wanton and without justifiable excuse.  take this language directly from a case or statute, don’t just make it up and stick it in there.

Keep on writing additional counts until you are done.  Remember, you might have to try these, so if you are pro se, pick your two or three best and keep it short and simple.

At the end, write up a ‘conclusion” restating all the counts, the defendants you are bringing each count against (not all defendants might have engaged in all the illegal activites prohibited for each count, some might have statutory or case law immunity from liability).

Give a summary of this, eg:

a)  Plaintiff seeks an injurnction, treble damages and reasonable attorneys fees for Patent infringment under XXX USC secion XX against Defendants X and Y;

b) Plaintiffs seeks actual and exemplary damages for Trademark Infringement under XXX USC section XX against defendants A and B;

and so forth.  you can even add in c) and for all other just and equitable relief as this court determines to be appropriate.

Now for the hard part for some of you, esp. those pro-se’ers out there.  If your complaint is over 20 pages, it is too long.  You weren’t paying attention to the rule “short, clear and consise statement of facts and issues that would make up a claim for relief.”  Go back and start cutting or the court will think you are crazy.  No one wants to read how it affected your pet in 3rd grade.  Get that stuff out.  Clear and concise, not chatty and gabby, and Oh, wouldn’t this be great to add in?  Nope.  The court and OC will be laughing at you.  One paragraph for your introductory summary; 2, maybe 3 pages for your “statement of facts”, one to 1.5 pages for each count.  One page for a conclusion.  So if you think your case is going to the US Supreme Court, 2 pages for an introduction, 5 pages for statement of facts and parties, 4 counts 2 pages each, and a one page conclusion, that’s still only 15 pages, get it?

Most courts limit briefs to 20 pages double spaced, so get used to writing in a very concise manner, just stating the facts.

I don’t think I have even seen a fresh law school grad that can properly write up a complaint.

Most pro se people can barely do this, but I think it’s because they just need good instructions.

take care
JoAnne