Wednesday, July 10, 2019

During our appeal of "The Jail Case" before U.S. 11th Circuit, Rob Riley defendants claim my wife, Carol, was not a party to underlying court action in Shelby County, AL -- despite public records to the contrary


Riley Jackson lawyers: Dealing in deceit
Which opposing party is attempting the most brazen legal chicanery in our pending appeal of "The Jail Case" before the U.S. Eleventh Circuit in Atlanta? The "honor," in what should be a surprise to no one, goes to the Rob Riley defendants and their esteemed counsel from the Birmingham firm of Stott and Harrington.

How does the Riley scam work? Well, let's take it step by step.

Our lawsuit, focusing primarily on my unlawful arrest and incarceration for blogging in Shelby County, Alabama, is timely on at least two grounds: (1) Accrual of the statute of limitations  (SOL) in a civil-rights case is governed by federal law, which holds that the SOL in a case involving false arrest and imprisonment does not begin to run until the imprisonment ends. My imprisonment ended on March 26, 2014, and "The Jail Case" lawsuit was filed on March 26, 2016, inside the two-year window under Alabama law; (2) A legal concept called "equitable tolling" extends the SOL in cases where a party is hampered by a legal disability.

In our case, the disability in question is the broken arm that my wife, Carol, suffered at the hands of deputies in Greene County, Missouri, during an unlawful eviction. Carol's broken arm, which came just as we were about to file our notice of appeal and original brief in "The Jail Case," was a comminuted fracture that required eight hours of trauma surgery and involved a number of possible complications that could have been life threatening. It also required about six months of intensive physical therapy, and during that time, I pretty much became Carol's full-time caregiver.

If that does not qualify as a legal disability that prompts equitable tolling, I'm not sure what would. But the Riley defendants were not having it. Since they had no real legal argument, they decided to distort reality, with the assistance of their lawyers from Stott and Harrington. Here is how we described it in our reply brief (embedded below, with our appellants' brief):

Perhaps the most blatant outrage in the Riley response brief involves the Shulers’ claim re: equitable tolling, due to Carol Shuler’s broken arm – broken by law-enforcement thugs in Missouri. Riley states: “It is nonsense to suggest that an injury to Carol Shuler should extend the statute of limitations date for a claim of abuse of process which belonged only to Roger Shuler. Carol Shuler was not a party in the underlying Shelby County court action upon which the abuse of process claim was based.”

We invite you to examine a couple of documents (here and here) from the underlying court action in Shelby County. The first is an amicus curiae memorandum from the Alabama office of the American Civil Liberties Union (ACLU), showing that Judge Claud Neilson's actions in ordering my arrest and incarceration were wildly unlawful. Under "Respondents" near the top of the motion, you will notice the name Carol T. Shuler. That's my wife, the one who had her arm broken. Her name is present because she was a party to the case, put there by the Riley defendants themselves, who included her in their lawsuit.

Stott and Harrington
The second document is Rob Riley's Motion for Contempt. Again, the name Carol T. Shuler appears among Respondents. And Riley even goes so far as to seek her arrest.

How do the Riley defendants, and their Stott and Harrington lawyers, then reach the conclusion Carol was not a party in the Shelby County court action? That defies explanation, and here is our reaction in the replay brief:

Carol Shuler was not a party? Really? Are the Riley defendants and their lawyers monstrous liars or are they too lazy to check the public record? The Riley lawyer does not even know who his client sued? Carol Shuler most certainly was a defendant in the underlying court action, and a simple search on Alacourt.gov shows that (if Riley hasn’t caused the record to be sealed). In fact, the Riley defendants specifically sought Carol Shuler’s unlawful arrest and incarceration, just as they did with Roger Shuler; their law-enforcement cronies just weren’t able to kidnap her. This blatant false statement in a legal brief should call into question all of the so-called arguments Riley attempts to pass off as legitimate.

Both the Riley defendants and the Stott-Harrington lawyers are "officers of the court," so this sham argument probably constitutes fraud on the court. We will be studying that issue and considering how to respond as we await findings from the Eleventh Circuit.


(To be continued)









13 comments:

Anonymous said...

A normal attorney would be embarrassed to file such a false and deceitful document in a public court file. But an attorney for Rob Riley probably has no sense of shame.

Anonymous said...

I take this to mean the lawyers for Riley know the case is rigged, so they figure, "Why bother to write a professional brief, one that is based at least a little bit in fact?"

Anonymous said...

This is part of the fallout from all the corrupt judges in our system. Bad lawyers know they can get away with garbage like this.

Anonymous said...

This tells me you surprised Stott and Harrington with your equitable tolling argument, and they know you have a solid point. You can almost hear them spitting as they write their trashy response.

Anonymous said...

These guys are too lazy to even check the court record. Makes all lawyers look terrible.

Anonymous said...

Looks like Rob Riley is packing on the pounds. Must be from eating all those donuts with Mike Hale's deputies.

Anonymous said...

How does someone go to Yale and come out as stupid as Rob Riley?

Anonymous said...

They never managed to arrest your wife?

legalschnauzer said...

@12:32 --

Nope, but they tried, even though she had nothing to do with publishing this blog. But, as one of the documents at a link in this post shows, they did seek her arrest. That tells me the Riley/Liberty Duke lawsuit never was about defamation. It was about punishment of a journalist for accurate reporting, and I suspect the plan was to kidnap Carol and me and kill us.

Steve said...

Some might think your claim “..the plan was to kidnap Carol and me and kill us.” is far fetched. But there was no warrant for the arrest as I understand it. Unpleasant things can happen when people are made to vanish into the night!

legalschnauzer said...

Steve:

Yes, I agree that some will find it far-fetched that the plan was to kill us. But why did they include Carol in the lawsuit, when it was clear she had nothing to do with the Legal Schnauzer posts they claimed were defamatory -- but were never proven defamatory in court, at trial, before a jury. (In fact, Riley and Duke never even attempted to prove they were defamatory.) I could hear the cops talking about getting "the wife" while they had me in the squad car that night. But they apparently were concerned about breaking down the door and causing too much of a commotion. If they had nabbed Carol, they would have been able to ransack our house, looking for something they thought I had, our cats would have died or been killed, and if we refused (or were unable) to turn over what they were after, I think we would have been killed -- and since this all happened in the middle of the night, nobody would have known what happened to us. With the influence of the Russian mafia in Alabama (Jeff Sessions and Rob Riley were doing business with them), it might very well have been a mob hit. I've written about a number of mysterious deaths in Alabama at that time, and the more we learn about the criminality surrounding Trump, the more I think at least some of those were Russian mob hits.

For the record, I don't think we are safe in Missouri either. I would not be at all surprised if we wind up dead here, with at least one of my family members involved.

Anonymous said...

Rots of Ruck. As usual, you are going to lose.

legalschnauzer said...

You should be praying that we DON'T lose. But you probably are not smart enough to realize that.