The Warrior Litigant: One Successful Pro Se Shares His Experience in the Legal System

It is with great pleasure that I introduce you to another person who fought for his rights and won.

Captain Curtis Anthony Hervey (retired) is a champion for Veterans’ Rights, as well as a fisher-of-men, leading others closer to their creator, and a great thinker about how to combat bigotry.

CPT Hervey has filed a few legal actions without attorney representation and “won” through settlement. Both CPT Hervey and my sister Roberta Kramer (deceased) who was an attorney in California told me that it is better to settle than to win at trial. I agree.

Before I share CPT Hervey’s wisdom, here is his Curriculum Vitae, facts taken from his Facebook page https://www.facebook.com/PDMDIA/.

CPT Hervey served over 20 years total in both the Army and Kansas Army National Guard until a 2015 medical retirement due to unfit feet (PDRL).

     CPT Hervey is a graduate of Liberty Baptist Theological Seminary with a Masters in Religious Education, Desert Storm Veteran, Distinguished Graduate of Officer Candidate School, graduate of the US Army Chaplain School at Fort Jackson, SC, former KSARNG Chaplain Candidate, and Operation Enduring Freedom Veteran where he served as Deputy Chief of Contracting in Salerno, Afghanistan.

      CPT Hervey suffered MMT when his former VA family medicine physician, who is not a licensed and trained mental health professional, retaliated against him by maliciously assigning two personality disorder misdiagnoses. CPT Hervey had filed a complaint up the physician’s chain of command.

    By the Grace of God, CPT Hervey was able to successfully have both misdiagnoses medically cleared and redacted from his official VA medical record through health record amendments and winning his health record amendment appeal before the VA’s Office of General Counsel in DC arguing that the VA physician tortfeasor was negligent since he deviated from the Diagnostic Statistical Manual of Mental Disorders, Fifth Edition (DSM-5) standard of care when he failed to meet the burden of proof for the General Personality Disorder criteria.

    Next, CPT Hervey embarked on a 4-fold mission: 1) clear his name and restore his honor, 2) obtain justice (punish the guilty), 3) receive compensatory damages, and 4) reform the system as intervention and prevention for other military personnel and Veterans.

    In January 2021, CPT Hervey, as a pro se litigant, successfully negotiated a malpractice settlement with the Kansas Department of Justice in Hervey v. United States (Federal District Court case #19-4033-SAC-ADM). This accomplished objective #1, to clear his name and restore his honor.

    Although CPT Hervey has yet to receive Justice (objective #2), he still seeks reform (objective #4) to avenge all those who now unjustly bear the stigmatizing Scarlet Letter P (Personality Disorder) and to prevent others from receiving this debilitating and invalidating brand of dishonor.

   Without further ado, here is helpful advice for anyone who is injured by the malicious actions of government employees or big business. You can prevail over injustice, but only if you try.

“The Army Warrior Ethos will never allow me to accept defeat:

I will always place the mission first.

I will never accept defeat.

I will never quit.

I will never leave a fallen comrade.“

When you take on the government or big business, you may win a substantial punitive damage award. The punitive damage award is not meant to compensate you. It is meant to punish and deter the tortfeasor. On a spiritual level, it is the deterrence that is your big win. (Of course, most people enjoy having extra money, too. But CPT Hervey and this writer both are frugal and save more than they spend. Money for us means freedom to work on improving life in this realm for all people and helping to populate the hereafter.)

We discussed my analogy of going into a court battle that is heavily stacked against the pro se litigant with living the Black experience. (This writer is of Ashkenazi Jewish descent and Captain Hervey is African-American.) I wrote that I think living with bigotry toward one’s skin color is “like walking into court or the job interview knowing you will lose no matter how right you are.”

CPT Hervey explained the paradigm shift in attitude that he suggests to bring about positive change. “Besides, the Black experience I know about is one of overcoming overwhelming obstacles and persevering under herculean societal pressure.  The Black experience is about triumph, not defeat. This society has thrown everything at us and yet we are still here.  My ancestors would be dishonored if I was a whiny quitter! The ‘Black experience’ must be redefined. And this is why I say ‘Blackness’ (like Whiteness) is a state of mind.  Thinking ‘Black’ typically means ‘walking into court or the job interview knowing you will lose no matter how right you are.’

Instead your mantra should be, “I’m going to win and you’re going to lose.”

Another strong, Black woman who mentored me in fighting for justice put it this way: “We play until I win.”

I hope you find this uplifting and encouraging. If you have a success story about fighting injustice as a pro se litigant or by using administrative procedures, please share by contacting me at bohemian_books@yahoo.com.