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Friday, September 7, 2012

How Did the Same Judges From the Siegelman Case Wind Up on the Appeal of My Lawsuit Against UAB?

Gerald Bard Tjoflat

The folks who are ramrodding my wrongful-termination lawsuit against UAB deserve credit for one thing: They aren't trying real hard to hide their dirty work.

As I reported yesterday, my appeal before the U.S. Eleventh Circuit in Atlanta was denied primarily because the court claimed I had not filed a Rule 56(d) motion seeking discovery--when, in fact, the record clearly shows I did file such a document. Also, the trial court violated black-letter law by granting summary judgment to the university without giving me an opportunity to obtain discovery that would prove my case--and the appellate court said that was perfectly fine.

The Eleventh Circuit has plenty of bad judges, but even they are not stupid enough to issue such absurdities on their own. Someone clearly is interfering with the judicial process in my case, and that's not a real good idea. For one thing, it's a crime--the formal term is obstruction of justice. For another, some folks take exception to interference with their personal affairs--particularly on matters that involve their ability to earn a living.

But the person who is ramrodding my case--we will call him "The Obstructor"--apparently has no concerns about his actions. That's because he's sending out clues that Stevie Wonder couldn't miss.

I've written before that I am convinced the "random assignment" of cases to federal judges is a myth. Does anyone seriously think that U.S. District Judge Mark Fuller just happened to get the Don Siegelman prosecution? My guess is that thousands of cases each year, civil and criminal, are intentionally assigned to certain judges for one reason or another. That means, of course, that numerous parties have their due-process rights violated before the cases even start.

For me, it was not an accident that 84-year-old Reagan appointee William M. Acker Jr. got my case. Three employment lawsuits were filed against UAB in May 2010 in the Northern District of Alabama. They involved business professor Glenn Feldman, engineering instructor Petru Simionescu, and yours truly. All three of them were assigned to Acker. What are the chances of that happening by random selection? Pretty much zero.

Someone in the legal community runs interference for UAB and has pull in the clerk's office to get certain cases assigned to Acker.

I now have evidence suggesting that the same forces can play games with the appellate process. Of the 17 active judges on the Eleventh Circuit, what are the odds that two of the three judges on my panel also heard the Siegelman appeal? I'm not a math whiz, so I won't attempt the odds, but I would say it's extremely unlikely. But there on my appeal are two very familiar names--Gerald Bard Tjoflat and J.L. Edmondson.

I have written probably a dozen or so posts that roundly criticized Tjoflat and Edmondson, and their unlawful rulings on the Siegelman appeal. Those posts have appeared on this blog and at probably a half dozen Web sites around the country. No other journalist that I am aware of has been more consistently critical of Tjoflat and Edmondson, by name, than I have.

One of my posts was titled "How the Eleventh Circuit Cheated Don Siegelman: A Summary." Another was titled "Federal Judges On Siegelman Appeal Prove to be Both Corrupt and Lazy." As you can see, I wasn't being subtle about my analysis of these judges' work.

So who wound up hearing my appeal before the Eleventh Circuit? Why, Tjoflat and Edmondson, of course.

It's hard to imagine a more flagrant violation of the due-process right to have my case heard by an impartial observer. (Actually, it's not hard to imagine a more flagrant violation; just imagine Mark Fuller hearing the Don Siegelman case.) I've developed this quaint sense that constitutional rights should be taken seriously, so I filed a motion to have Tjoflat and Edmondson recuse themselves--along with a petition to have their bogus ruling reheard and overturned. (You can read both the recusal motion and the petition for rehearing at the end of this post.)

My efforts to seek justice through the court system will be futile, of course. I've known that since the day Acker told me in open court, with Mrs. Schnauzer present, that he was going to cheat me. And he later added: "I know that UAB and the people over there are anxious about this." How did he know that? The Obstructor, or his affiliates, were at work and told him.

I've also known, from following the Siegelman case, that appellate judges are prone to protect their corrupt trial-court brethren. So I'm not at all surprised by what has transpired on my UAB case. I am disappointed that The Obstructor and Co. couldn't be a little more clever about it.

Consider the brazenness that is present here: One of the obstacles for anyone suing a state entity is immunity, in its various forms. It's a complicated subject, so I won't go into too many details, but this is clear under the law: A state actor loses qualified immunity in his individual capacity when the plaintiff alleges violation of "a clearly established constitutional right." I alleged multiple violations of the First Amendment right to free speech, so the individual state actors in my lawsuit were not protected by immunity--and I had the right to gather evidence via discovery that would prove those violations.

The trial court, however, has not allowed me to conduct discovery, thus giving the individual defendants a form of bogus immunity, and the Eleventh Circuit says that is fine. In a roundabout way, the courts are saying the First Amendment is not "a clearly established constitutional right"--and I address that issue on pages 7 and 8 of the rehearing petition below.

The First Amendment is not part of the constitution? You can see why it's hard to take these proceedings seriously.

What kind of person would interfere with someone's legal affairs? What makes The Obstructor tick?

Well, I am convinced that his thought processes are different from yours and mine. I, for example, wouldn't dream of pulling his stunts, for several reasons:

(1) I have better things to do;

(2) I know it's illegal, and I don't see myself as being above the law;

(3) I value my own physical well being. Our society has a couple of qualities that make it combustible--our justice system is dysfunctional, and our streets are soaked with guns. An individual who knows you have wronged him can easily obtain the firepower to inflict pain upon your person. As a citizen of the US of A, I know I can be gunned downed, accidentally or otherwise, at most any moment. But I don't want to tempt fate by giving someone a genuine reason to smoke my fanny.

The Obstructor apparently has no such concerns. Perhaps he's connected to the "justice system" in a way that makes him think he is untouchable.

If I were him, I wouldn't be so certain about that.


UAB--App. Recusal



UAB--Eleventh Circuit En Banc

7 comments:

Anonymous said...

OBEY

OBEY

ROGER SHULER SCHUYLER SPELL IT RIGHT SAYS LIBERAL GROUCH AND THE COURT AGREES JACK BOOT YOUR A$$

The court system according to Lawless America is broken.

Contact Lawless America, he is also the contact for the judicial watch which started with him a long, long time ago.

There has to be some intelligent human life breathing common sense into the reality of due process, oops, took the pulse here of those that have stolen your case:

ZOMBIES.

The system is now completely in our faces letting us all know we are a MILITARY DICTATORSHIP, which,

NEVER LASTS, just ask Libya, and all of Africa, as well, the Middle East is very sick and tired of this BS that we are now experiencing here in the U.S.

Been covert for as long as it has taken to "POP GOES THE WEASEL"

The saying was from the monkey chasing the little purse, called a weasel, and when it popped open from that funny little clasp holding the purse shut, POP.

And in America our money has gone to CULTURE REVOLUTIONS, or call them COLOR, financed by the FORD Foundation and the ROCKEFELLER Foundation and guess WHO gets to pop the weasel?

George Soros LOL, who is here in the U.S. as a BILLIONAIRE, to "help" us be like "Russia."

Russia, China, et al, all operate the court system the same and why they are now whining, about WHY NOT! Didn't we get the RED ARMY marching on our soil to prove our direction was anything BUT "progressive!" Why do the "communists" not get to continue raping us, rather than our own "courts envied by the world."

Did you know that the websites for the HIGHER COURTS actually advertised that THEY were-are "envied by the world."

Can't imagine why they would advertise to the global "partners" that the courts can compete with China and Russia. In a word, here, duh.

I truly PRAY Roger that the STATE OF ALABAMA has enough non zombies to WRITE letters, PETITION, the COURT that there are enough alive and well AMERICANS not just only watching, but indeed working to correct the wrongs in the "justice" system of not the U.S. Constitution. Thank you for the genius to learn how to formalize the "letters" for the corruption to be exposed so brilliantly.

Walker F. Todd, the last time he and I spoke on the tele said to me, and I say to you the same:

"You're not liked by the establishment." Neither is Don Siegelman nor any TRUE PASSIONATE REAL AMERICAN.

Roberta Kelly aka Biloxi Marx

At Biloxi Marx is an honorary to Diana of Whales for her courage to stand against the same VILE EVIL.

Anonymous said...

FURTHERMORE YOU UNGRATEFUL AMERICAN HOW DARE YOU EXPOSE THE CORRUPTION!

Why Congress and the Judicial are hand in glove and Mr. and Mrs. Schnauzer are NOT Congress nor the Judicial, and therefore, you are to learn your place:

Give up all your booty to the soulless and die, of course your souls get to go to the soulless.

These "Congresses" and "Justices" in the 20th and 21st Centuries?

SOULLESS, no eyes to see, no hearts to feel and no brains, clearly, to think.

Daniel Webster was a Senator, he knew, but not the Senators in this corrupted zombie USA.

Diane Feinstein said: "THIS IS AMERICA," "ISN'T IT," OR IT was a saying so degrading that the author of "PAYOFF" is now living somewhere that is NOT "America" that the Diane Feinstein BLOB wants to steal all our wealth and of course, souls are the real deal for the soulless.

LETTERS PEOPLE OF ALABAMA AND ALL OF AMERICA! LETTERS TO THE SO CALLED CONGRESS THAT IS THE FEDERAL RESERVE SYNDICATE, Fed's, BLOB, not BLOG, to do what IT has done for no less than one hundred years and counting, steal earth's bounty and call it a market experience for the uneducated and undereducated. How not modern.

Now, what do we think is going on here? The Congresses and Judicials all wanted to be the old model of feudal? Please, the behavior does not lie and the ability for the internet to expose the racket happened already.

I WOULD BET A LOT OF MONEY THE DIANE FEINSTEIN BLOB FAMILIES DO NOT DO GOOD INTERNET.

Roberta Kelly.

p.s. the Central Intelligence Agency, CIA, is too soulless to be in charge of deciding how Americans live in the years "aught" that would be from 2000, to 2100. Biloxi Marx 3752 Scribd and the CIA is not our genuine "government" so we best do something about the "Judicial" needing a military J EDGAR HOOVER dictating our "realities," simply because these "entities" CANNOT seem to find Article I, Section IX, Clause VII, U.S. Constitution.

legalschnauzer said...

These judges are common thieves. The federal crime is called "theft of honest services," and it's called that for a reason. They are stealing--and not just from me. They are using federal taxpayer dollars to steal the honest services to which all of us are entitled under the law.

This is no different from catching a bank president sticking his hand in the till.

Why are Americans blind to judicial thievery? I have a post coming on that subject.

Anonymous said...

Roger, I've been in a steep learning curve, putting all the "money" in order, so to speak.

Having watched as CREDIT SCORING was forced into the "market," that was in or about the early 1990s.

NO MORE OLD DOT EVERY I, CROSS EVERY T, MAKE SENSE UNDERWRITING OF "HOME LOANS,"

The racketeers tried a couple of times and failed, but FICO, "Fair Isaac Credit Organization," got its way about 1996, or thereabouts, and now we know the "Colorado Lone Gun Killer," (SET-UP) has a father who was to testify to the SENATE, about the FICO "algorithms."

FRAUD, intentionally the Federal Reserve System (SYNDICATE), and how the U.S. has been raped, pillaged and plundered by the "JUDICIAL" since Louis Brandeis' penned the sovereignty of the U.S. over to the "Fed."

CREDIT WAS FREE FOR SCORES OF FICO AT 500 AND LOWER. This meant that a person had to simply "have a pulse" and "gets a loan."

INTENTIONAL HOSTILE FINAL RAPE.

The recycling of the booty was-is nothing new. The OWNER OF PORTLAND, OREGON, ARLENE SCHNITZER FAMILIES, told me in the year 1977, I would NOT SELL ART IN HER TOWN AGAIN. Donald P. Wilson and I, submitted our own "commission" to the City, for a sculpture competition and won the BIG ONE.

Never again, though, that has been too true. Left the PNW for New Mexico IN 1980, and mistakenly, returned to the PNW! OMG!!

Schnitzer Steel of USA, EAST, disappeared all the "metal forensics" from GROUND ZERO, IN NYC, TO CHINA. Oops, the internet is a pesky tattler on the criminal enterprise called "US free and exceptional."

Add the current state of affairs, twenty years of service and a top JOURNALIST is removed from a UNIVERSITY, and then set up as a complete target. As well, certainly TEACHING ALL THE RESTLESS NATIVES how TO NOT be an AMERICAN with culture or the reality is the Fed is the power to snuff whatever digital reality has been earned.

In two words, criminally insane.

Immigrants are by design to lower the IQ, for the rest of America's Emotional Quotient of ZEROS.

The "US CORRUPT" are like monkeys that have stuck their paws into a jar to get the apple out. The apple cannot get out through the jar's opening as long as the monkey grasps the apple for all its life. And, the monkey gets so frustrated that it eats its own paw OFF, to get the apple.

LOOK AT THESE PEOPLE, who cannot actually realize the 500 credit scores destroyed their pensions and not those of us who continue to LABOR to save their dumasses.

Roberta Kelly aka Biloxi Marx 3752

Roger, the heroic stand that Mrs. Schnauzer and you have taken is what all great Americans did in the past and why America still stands, time for more of Mrs. Schnauzer and YOU to save the arses of those who are hiding from the evil that is NOT going to go away, indeed too much booty left.

Anonymous said...

"... Jeffrey Goldberg is a national correspondent for The Atlantic and a recipient of the National Magazine Award for Reporting. Author of the book Prisoners: A Story of Friendship and Terror, Goldberg also writes the magazine's advice column ....

.. "7 Reasons Why Israel Should Not Attack Iran's Nuclear Facilities."

An old fashioned underwriter of loans saw the JUDGES' PORTFOLIOS before the spirits hid the booty.

WAR WAR AND DRUGS GALORE, YES HOMES AS PAY DIRT!

Retirement for the most, our country was-is THE GOLDEN ARMY.

Books have been written describing the shadow of the U.S. which now has met the time where the Romans can no longer find the Judas Goats to kiss away the truth about life.

What are Americans going to do about (1) books from the foundations Ford and Rockefeller, to children in Afghanistan to KILL the "enemy," and the enemy? Today the killed are US troops, it was in the books for the children to do, AND (2) WARS WITHOUT END, because the families like BUSH invested in the (3) WOE INDUSTRIES.

What are the WOE INDUSTRIES? Well, Judges retire high on the hog, as they themselves refer to their LOFTY positions, and furthermore, FAT CATS, this is another slogan for their "retirements." HOMES ARE THE BIG ONE, THOUGH, AND THIS HAS BEEN ONGOING SINCE 1934, or thereabouts, think FANNIE FREDDIE AND GINNIE MAE.

When Judges get to have PUBLIC SAFETY FUNDS OF TEN MILLION DOLLARS ($10 MILLION), to make certain the criminals (commoners) are imprisoned and the PRISONS ARE FOR PROFIT, and yes, taking away real work from non-prison mates, then our priorities are WOE and NOT "Freedom."

There are too many Americans not incarcerated, and now awake, to further allow the WOE zombies to continue as you say, Roger, THEFT OF HONEST SERVICES.

How to either get our Citizens' Grand Juries or, Petitions of the millions who are not exactly the non-government in a Constitutional Republic. Time for the WOE WAR JUDICIAL AND CONGRESS to bring back the PREAMBLE Social Contract of HONEST SERVICES.

And then some. Thank the IQ EQ and non B.A.R. for Legal Schnauzers

Anonymous said...

the internet is being interrupted, seriously, so get ready for this as it is going to be the reality that we the dependent upon the www, are not prepared for.

get prepared.

jeffrey spruill said...

Mr. Schnauzer:

What are the mathematical possibilties of David W. Bouchard getting stuck in the Atlantic 7/29/10:

One defendant in the Nicholas attack did not appear in court Wednesday because his attorney, David Bouchard, alerted the court that he is stuck at sea trying to cross the Atlantic in a sailboat.

EXACTLY a year to the DAY of John Doe no2 sworn declaration:

http://s3.amazonaws.com/thenation/pdf/JohnDoe2Declaration.pdf

But Bouchard's warning to Prince did no good--the psychopathic coward was deposed anyway:

Prince sought to avoid giving a deposition in this case by claiming that he needed to be in Abu Dhabi in time for his children to begin school there on August 15. It is unclear what English-speaking school in the country begins any time before September. But, calling his bluff, Susan offered to travel herself to Abu Dhabi to take the deposition there, and the judge granted the order. As the old expression goes, if you can’t bring Mohammed to the mountain, you bring the mountain to Mohammed.

http://koehlerlaw.net/2010/08/erik-prince-meet-susan-burke/