Habeas Availability of NEPA's Religiosity

[PeteMauss]

Name of state is Pike Co., Pennsylvania which has nearly ruined my life.

How to get foot in US Court door (?) ..

Currently I am sentenced to 10 days in jail + ~$700 in fines without benefit of counsel or trial, by Hon. DF, PA Magistrate. She was angered by fact I came to trial "tipsy." She should have rescheduled, with a PD for me.

My appeal was dismissed by Common Pleas Court for timeliness though the clerk never dockets briefs on mailing date as allowed (too lazy), otherwise I'm in.

I am gambling on PaMD US Court, and would cite in my federal Habeas Corpus Petition - discrimination - religious and disability as to why I haven't exhausted state relief. Pennsylvania is teeming with religious nutcases (as evidenced by PBS-tv coverage of illegal school indoctrination in PA).

Disability: Ironically, it was improperly trained xx County Cops who drove me mad and into an SSA disability claim, to cover costs of being committed to ER (never any emergency!) I have written diatribes by Pike judges against my well being which speaks volumes more of them than me.

Religiosity: For a 2006 DWI I was required to attend God-centered church in jail for 90 days, without secular options, to get a parole nod from W. XX County's bigotry is matched only by its ignorance. What is the name of your state (only U.S. law)?

 

[BOR]

Federal HC relief for a 10 day sentence?

Do you understand what a HC petition is?

The state appeals court , if it is similar to Ohio, has Original Jurisdiction in HC Petitions. You will be out before the ink is dried on it.

The post seems to have vanished, maybe the poster deleted it?





























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[PeteMauss]

Federal HC relief for a 10 day sentence?

Do you understand what a HC petition is?

The state appeals court , if it is similar to Ohio, has Original Jurisdiction in HC Petitions. You will be out before the ink is dried on it.

The post seems to have vanished, maybe the poster deleted it?<<

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I dunno what happened except I used PayPal to ask a lawyer for $18, the same question.


Right, I'd be out before the ink dried, but the larger issue of the court's indoctrination (religious bigotry - XX Co. mining by Irish/Polish/Catholics - very religious, indeed.

I'm trying to get un-enrolled from Medicare and SSA by citing that the county improperly trained the police, who sequestered me, without emergencies, 5 times in an ER/hospital to purloin medical insurance monies (and me into faith-based hospital).

It's the same reason they gave me a citation for public drunkenness for having an empty Bud can in Walmart - disablity (and perhaps religious) bigotry and discrimination.

It's a big no-no. The ACLU & AU have expressed interest, as well as the local newspaper.

I seek a civil (USCS§1983) action for deprivation of rights against the county, in good faith where my reputation and means of livelihood are restored.

I was born and raised outside Chicago - this type of uneducated, immorality is alien to me, but I stand my ground.

I'll see if I can snag the original post from the SMS site ... thanks for your keen interest, though.​

 

[BOR]

Police enjoy what is known as "qualified immunity", to overcome that burden to be successful in a 1983 or other parallel civil rights action, you need to show they violated "clearly established law", this is a battle if the facts are wavy.

 

[PeteMauss]

Police enjoy what is known as "qualified immunity", to overcome that burden to be successful in a 1983 or other parallel civil rights action, you need to show they violated "clearly established law", this is a battle if the facts are wavy.

I understand q. imm; judges & D/As have it also, though if there is evidence that such people knew it was wrong or illegal or knew they violated clearly established law, then the gloves are off ... in the case reviews I've read, out of federal districts.

There is a notion of martyrdom complex, that if a judge were sued for punitive damages for religiously indoctrinating defendants and lost, he'd be a martyr. I think that the religious zealots of small, local courts hereabouts in the Poconos are quite capable of such sardonic chicanery.

 

[BOR]

I understand q. imm; judges & D/As have it also, though if there is evidence that such people knew it was wrong or illegal or knew they violated clearly established law, then the gloves are off ... in the case reviews I've read, out of federal districts.

Judges and Prosecutors enjoy Judicial and Absolute immunity, respectively.

Tht is a step UP from QI.

It is possible to sue a Prosecutor, but it is rare when the facts warrant it.

I believe I have only seen one case where a Judge was successfully sued, and would have to check my facts to make sure.

 

[PeteMauss]

Judges and Prosecutors enjoy Judicial and Absolute immunity, respectively.

Tht is a step UP from QI.

It is possible to sue a Prosecutor, but it is rare when the facts warrant it.

I believe I have only seen one case where a Judge was successfully sued, and would have to check my facts to make sure.

So what you're saying is tht to knowingly do wrong is "sinful" or illegal, whereas ignorance of the law is sometimes an excuse, unless there's fair warning or clear, well established law.


James Madison on federalism's supremacy - “… a religious sect, may degenerate into a political faction in a part of the confederacy; but the variety of sects dispersed over the entire face of it, must secure the national councils against any danger from the source: a rage for a paper money, for an abolition of debts, for equal division of property, or for any other improper or wicked project, will be less apt to pervade the whole body of the union, than a particular member of it; in the same proportion as such a malady is more likely to taint a particular county or district than an entire state.” [ James Madison, The Problem of Factionalism, The Federalist, © J.B. Lippincourt & Co./ Philadelphia, 1866 ]