QUOTE(Livyjr @ Mar 8 2005, 04:17 PM)
Date: September 27, 1994
Certified Transcript of Examination of county executive "little Johnny Biggg", by order of Federal District Court for Northern District of New York
LIVYJR: Now, on October 13, 1988, do you recall being interviewed by Chris Kapostacy for the Capital Region Report that was subsequently broadcast over Channel 13 television?
LITTLE JOHNNY BIGGG: I remember being interviewed by a number of people.
I have a vague recollection of being interviewed by Chris Kapostacy.
LIVYJR: Do you remember telling Ms. Kapostacy that there was a number of developers who were developing a large pool of money to use to run against you?
LITTLE JOHNNY BIGGG: I don't remember saying that to Ms. Kapostacy, no.
FANCY LAWYER FOR BIGGG: NOTE MY OBJECTION to the record to this procedure.
I don't know what we're going to do here!
Presumably, we're listening to some type of tape that's not been identified.
SO!
Just note my objection for the record.
LIVYJR: This is an excerpt from a tape recording of a Channel 13 news broadcast, and we'll provide you with a copy of the tape.
FANCY LAWYER FOR BIGGG: I just placed my objection on the record as there being no proper foundation for this.
Nor is it proper procedure at a deposition.
But go right ahead and do it!
(Whereupon a portion of the tape was played)
LIVYJR: Do you recognize the voice?
LITTLE JOHNNY BIGGG: I recognize the voice, yes!
Chris!
I don't know who the other guy was, though.
Yes!
I do!
Yes!
LIVYJR: And that is you?
FANCY LAWYER FOR BIGGG: Object to the form.
You can answer.
LITTLE JOHHNY BIGGG: It was tough to hear, but it sounds like my melodic voice, yes!
LIVYJR: Do you remember telling Chris Kapostacy about developers who were getting a fund of money up to run against you?
FANCY LAWYER FOR BIGGG: Object to the form of the question.
I think it's already been asked and answered.
If your question is, does the tape recording refresh his recollection, I'll pemit him to answer that.
LIVYJR: Okay.
Having heard this excerpt of the tape recording, does that refresh your recollection with respect to whether you told Ms. Kapostacy that there were developers who were saving a large amount of money to run against you?
FANCY LAWYER FOR BIGGG: Object to the form.
You can answer.
LITTLE JOHNNY BIGGG: I remember -- well, that obviously refreshes my memory!
I didn't know I said it to her or not.
There was some general information like that from the developer's side.
And then there was the other side, which indicated they weren't too pleased with me, either.
LIVYJR: And what was the source of YOUR INFORMATION that the developers had a fund of $80,000 to run against you, or run somebody against you?
FANCY LAWYER FOR BIGGG: Note my objection to the form!
I don't know where that amount came from!
LITTLE JOHNNY BIGGG: I don't know that, either!
FANCY LAWYER FOR BIGGG: But you can answer the question, GENERALLY!
LITTLE JOHNNY BIGGG: To the best of my recollection, I think it came out of some of the public hearings and legislative hearings and just general rumor floating around.
I don't put much stock in that stuff!
LIVYJR: Did the fact that the developers were allegedly saving up a fund to run somebody against you have anything to do with YOUR DECISION to place Livyjr on leave of absence?
LITTLE JOHNNY BIGGG: OH, ABSOLUTELY NOT!
Over in the JUDICIAL part of the forum, in a thread entitled "BUSH-Appointee deals right to dissent a death-blow in Northern District of New York", I am following the efforts of a small group of older American citizens in upstate-New York State, the Capital District area, to be exact, to have a CIVIL RIGHTS APPEAL heard in the Second Circuit Court of Appeals in New York City, sometime later this year!
Last Thursday, the necessary Notice of Appeal to commence the appeal process in that matter was timely filed by these citizens with the United States District Court for the Northern District of New York within the thirty-day window for filing such notices, and when that Notice of Appeal was filed, that action by these citizens started a ten-day clock ticking, where these citizens then had ten days from the date of that filing to file a case management record with the Court, and that document was put in the mail today.
This necessary filing today keeps this citizen's CONSTITUTIONAL appeal appeal alive, and on track towards an eventual hearing in the Second Circuit Court of Appeals, which will be based on hard work, and the law, and THEIR continuing belief as Americans that it is OUR adherence to the law, and that alone, which separates us from brute animals!
What follows is the basis of THEIR case as it was filed with the Second Circuit Court of Appeals today!
For the sake of privacy, names of defendant parties, where private individuals, are given as their "street names"!
However, where the defendants are serving in a public capacity, and are alleged in the court papers to have used their public office in an improper fashion, and where these are public documents that I am citing from, the names of the public officials shall be read from the record as they appear:
Brief Description of Nature of Action, and Result Below:CIVIL RIGHTS COMPLAINT PURSUANT TO 42 USCS 1983 which has as its origins a physical and verbal assault on the PLAINTIFF herein, on videotape, by defendant "Chum-Chum" of Poestenkill, on August 7, 2001.
In that videotape, which is at the heart of the matter, herein, defendant "Chum-Chum" can clearly be seen in digital quality running towards PLAINTIFF on a public thoroughfare in the Town of Poestenkill, County of Rensselaer, State of New York, which is in the Northern District of New York, and assaulting him.
Afterwards, defendant "Chum-Chum", still on tape, can be heard to say "Looka him shake", meaning the PLAINTIFF, who he had just seriously injured, and then, defendant "Chum-Chum" is heard to call PLAINTIFF, a 55-year old disabled veteran, a "
f***ing retard"!
Defendant "Chum-Chum" taunts the PLAINTIFF in that videotape:
"Who you going to show that videotape to?"
"Nobody cares!"Defendant "Chum-Chum" further informed PLAINTIFF as defendant Pelletier assaulted him on August 7, 2001 that defendant Pelletier purposefully intended to seriously harm PLAINTIFF in his person and property to deny PLAINTIFF rights, privileges and immunities guaranteed to him by the United States Constitution and 18 USCS 1512(b) & 1513(b) of the laws of the United States, and that he could do so with impunity, in the Town of Poestenkill, County of Rensselaer, State of New York, because he was a protected person.
Thereafter, it is alleged that on or about the afternoon of August 17, 2001, defendant
RENSSELAER COUNTY EXECUTIVE Kathleen Jimino called PLAINTIFF at his home in Poestenkill, Rensselaer County, and told PLAINTIFF that defendant "Chum-Chum's" interests would be protected by Rensselaer County if PLAINTIFF attempted to bring a legal action against "Chum-Chum" for alleged Public Health Law and Sanitary Code violations in the Town of Poestenkill involving alleged falsification of test data by licensed professionals in Rensselaer County.
It is then alleged that on August 21, 2001, when PLAINTIFF made it clear to defendant
RENSSELAER COUNTY ENVIRONMENTAL HEALTH DIRECTOR Roy Champagne that PLAINTIFF was instituting a legal action against the Rensselaer County Department of Health for alleged negligence, that defendant Kathleen Jimino, cloaked in the authority of Rensselaer County Executive and acting under color of New York law, did conspire with defendant Joseph Cybulski, who was cloaked in the authority of Rensselaer County Director of Community Services, for the express purpose of having defendant Cybulski, under color of New York State Mental Hygiene Law 41.03(8), 41.05©, 41.07(a), 41.09 and 9.37(b), obtain for defendant Jimino from defendant Samaritan Hospital a fraudulent New York State Mental Hygiene Law 9.45 involuntary commitment order so that defendant Jimino could have PLAINTIFF involuntarily incarcerated as a mental patient to intentionally harm PLAINTIFF in his person and property for seeking equal protection of law in Rensselaer County and for petitioning for redress of grievance.
Thereafter, on August 22, 2001, despite never having been seen, or examined in any way by
CORPORATE DEFENDANTS herein, specifically Dr. John Braaten, Carol Fiorino, Bernadette Hallam and Andrea Gallerie, PLAINTIFF was taken into custody at the Albany, New York VA Hospital and was held against his will, and therefore stripped of his liberty and dignity as a human being, based upon NOTHING MORE than a fraud, a New York State Mental Hygiene Law 9.45 "psychiatric arrest order", signed by defendants John Christian Braaten and Carol Fiorino, falsely attesting therein that they had physically examined PLAINTIFF, and had thereby determined that he was a person suffering from a mental disease who was dangerous and needed immediate incarceration in a secure mental health facility run by defendant Northeast Health, Inc., in the City of Troy, New York.
Were it not for the efforts of an Albany, New York Police Officer, who demonstrated to federal VA officials holding PLAINTIFF that the 9.45 order was based on a fraud, and so secured PLAINTIFF's release, PLAINTIFF would have remained in forced captivity, like a deranged animal, based on nothing but outright false statements transmitted allegedly from the Rensselaer County Office Building to Northeast Health, for the issuance of the 9.45 order, and then back to the Rensselaer County Office Building for transmittal across jurisdictional boundaries from the County of Rensselaer, to the State of New York, and thus, to the Office of the U.S. Attorney for the Northern District of New York, and the VA POLICE in Albany, New York.
The affidavit containing that sworn record was ordered left off of the COMPLAINT by the Court below.
The Court Below then dismissed the Amended Complaint where these issues were framed with prejudice as being unintelligible.
A MOTION FOR INJUNCTIVE RELIEF to enjoin this practice was denied as moot by the Court below.
Issues Proposed to be Raised on Appeal:* The twenty-page limit on the maximum length that a
pro se Civil Rights Complaint can be in the Northern District of New York, which is extremely prejudicial to the rights of the
pro se PLAINTIFF who is a disabled person in the Northern District of New York;
* The central issue, of the appeal, however, is the legality and Constitutionality of what transpired when PLAINTIFF walked into the Albany New York VA Hospital on the morning of 22 August 2001, and was immediately taken into custody on orders of the VA Police upon identifying himself to VA personnel in the hospital as a disabled veteran seeking sanctuary in the VA Hospital, for fear of his life if he were to return to Rensselaer County, and his home.
In the Court below, PLAINTIFF requested permission of the Court to challenge affirmative defenses of absolute or qualified immunity, and collateral estoppel and res judicata raised in their Answers by several non-moving defendants to include defendants Kathleen Jimino, Joseph Cybulski, Timothy Holt, Denise M. Ayers, NYSRPN 453486, Roy Champagne, Robert Reiter, and Kevin Joseph McGrath, NYSLS 049508, which request was granted by the Court on November 24, 2003.
In the Court below, the central issue to be argued in this appeal is as follows:
Where the Amended Complaint in the action 03-CV-0753, commenced by Summons and Amended Complaint on September 17, 2003 in the Northern District of New York, asserts a cognizable Federal claim of violation of plaintiff's rights pursuant to the Constitution and laws of the United States pursuant to this Court's holdings in
Ruhlmann v.
Ulster County Dept. of Social Services, 234 F.Supp.2d 140 (N.D.N.Y. 2002), and alleges uncontroverted facts that support such claim, the Motions to Dismiss of defendants Northeast Health, Inc., Samaritan Hospital of Troy, New York, Adrian Anthony Morris, NYSMD 166342, John Christian Braaten, NYSMD 138415, Carol Fiorino, NYSRPN 230870, Bernadette Rotter Hallam, NYSRPN 331662, Andrea J. Gallerie, NYSRPN 444291, Carl Richard Aiken, NYSPE 067805, William Shea, Eugene Bechard and David Gebhardt to dismiss on the pleadings in the within action pursuant to F.R.Civ.P. Rules 9(b), 12(b)(6) and 12© must be denied in the sound exercise of this Court's discretion.
Where the Motions to Dismiss of various defendants rely upon matters outside of the pleadings, the motions are properly denominated as motions for summary judgment pursuant to F.R.Civ.P Rule 56, wherefore plaintiff herein is entitled to discovery prior to replying to such motions.
Where a more artfully drawn complaint might state the cognizable claims for relief as against defendants above in a more definitive manner, the Court should treat the Rule 9(b) and Rule 12 motions of defendants as motions for a more definite statement pursuant to Rule 12(e) and thereby grant leave to amend, rather than order the Amended Complaint dismissed.
Finally, pursuant to this Court's holdings in
Ruhlmann v.
Ulster County Dept. of Social Services, 234 F.Supp.2d 140 (N.D.N.Y.2002), defendants are not entitled to either absolute or qualified immunity in this above matter.
end quotes
Personally, my heart goes out to these simple people, and their struggle as American citizens to see justice finally done in this matter, which has been a charade in OUR America, and a shame, for far too long a time now, and so, I must wish them God Speed, and best of luck, which as jeffmoskin notes, comes of having great skill, and may that be the case here!
Stay tuned, and see!