Domestic Violence, Police Shooting and Wrongful Death Appeal. Qualified Immunity?
Thank you to opposing counsel on my appeal of the Portfolio Recovery Harassment case, Misha Tseytlin, who brought this interesting appeal to my attention.
I warn you; the briefs are long. So long, that the attorneys felt compelled to violate local rule 28A(j) to squeeze in a few extra words. (Just like former Wisconsin Solicitor General Tseytlin did on my case.) There are photos that have the descriptions on the photos. I have no clue if those were added into the word count. If my plate wasn’t overflowing, I’d cut and paste the countable words into a blank Word Doc and see.
Enjoy the read.
[CORRECTION: Feb. 28, 2024. Originally, I wrote that Misha Tseytlin was “attorney general” instead of “solicitor general”.]
FREE Docs of the Day
Words of Wisdom to A Pro Se Litigant from ChatGPT
“It’s important to approach this situation with patience, perseverance, and a commitment to seeking justice.” – chat.openai.com (FREE artificial intelligence)
I cut and pasted the sentence above into my other favorite app, http://www.dogpile.com. Usually if a sentence is used on the internet verbatim, it will pop up at the top of the dogpile. “It’s important to approach this situation with patience, perseverance, and a commitment to seeking justice” did not.
ChatGPT pulls from the vast writing collected in cyber space and usually imparts common knowledge or sentiment. (Don’t use AI to write your legal documents for you, though. As one law-librarian told me, AI has been known to “hallucinate” and invent case-law.)
What We Wish We Could Say In Court
I am working on a reply brief in Laura Lynn Hammett v. Portfolio Recovery Associates, yada yada.
It is so difficult for me to refrain from snarky comments and sarcasm. The court would not be amused.
So, thank you my dear readers, for giving me someone who appreciates my humor to share the portions that land on the cutting room floor. (I am old.)
**********************
PRA’s Arguments:
- PRA did not know who answered the landline or cell phone, and therefore were allowed to call repeatedly until the old lady on the other end answered personal questions about herself.
In support of this argument, PRA followed Judge Rudofsky’s lead by misquoting Hammett’s houseguest in the exact way Hammett was misquoted by Judge Rudofsky. The sentence was truncated, and a period was placed inside the closing quotation mark, without straight brackets, indicating the sentence ended. (Response 8) –you can download PRA’s brief on yesterday’s post.
Actual: “[Laura Lynn] won’t be here until September 11th.”
PRA’s: Plaintiff “wo[uldn’t] be [there] until September.”
Apparently, PRA’s attorneys and Judge Rudofsky read the same litigation playbook.
PRA attorneys from Troutman-Pepper and Rose Law Firm wrote that my complaints about fictionalized transcripts in this Rudofsky case and a Judge Susan Weaver case were part of a “litigation playbook”. I haven’t had time to put together my complaint to the commission on professional conduct, but that is one snarky and unprofessional comment that should be included.
I’m not an attorney and I think it should be left unsaid — in a filed brief.
What Happens When an Attorney Lies or Just Cheats a Little?
Doc of the day: Motion to Strike Overlength Brief
There is not a lot of caselaw out there, not that I found anyhow. It will be interesting to see how the Eighth Circuit treats squeezing words together to extend the available word count.
The brief was written by attorneys at Troutman Pepper and Rose Law Firm. The lead attorney used to be a state solicitor general and is active in the Federalist Society with the District Court Judge being challenged, Judge Lee P. Rudofsky.
Why do I feel like they think they are only playing frat house pranks, and not destroying our nation?
UPDATE: (March 4, 2024) The motion to strike or sanction a represented party for compacting citations together was denied by the 8th Circuit Court of Appeals.
The same court denied a pro se litigant to file an overlength brief, which she specifically needed because she cited the record so often, and the local rule about citations specified the form must be “R. Doc. ##, at #”.
What this order means is that litigants may use “R.Doc.## at #” at will. Also “Br.#” for “Brief at #”, and “Vol.#”.
My New Hero, Mazie Green: Pro Se Litigant Beats Debt Buyer Portfolio Recovery on Appeal
Notice Portfolio Recovery Associates was represented by James Trefil of Troutman Pepper. (Trefil, Federalist Society Cabal Bro Misha Tseytlin, and David Mitchell of Rose Law Firm represent PRA at appeal against this writer on a similar case.)
Listen to Pro Se Counter-Plaintiff Mazie Green tell it like it is. Go, Mazie, go!
Thank you to one of the Good Guys, Attorney Steve Lehto for getting out the word.
False Imprisonment by a Hospital Jury Award Video of Maya Kowalski
https://cdn.jwplayer.com/previews/MfDJUYAg
After years in court, including appeals, a just award for Maya Kowalski. Of course, the hospital will appeal.
Community Contribution and Chance to Chat
Please message on Facebook for details or to purchase tickets. Witts Springs is a wonderful place to hike, ride ATVs, bike and just hang out. The dinners usually feature homemade desserts and good country cookin’.
It would be a pleasure to meet you to discuss local and state politics, especially the courts.
There are a few guest houses in the area and a wonderful church pastored by Jim Arnold to attend on Sunday.
Oh gosh! Did I just ask you to come talk about politics and religion?
When I say “do something”, I don’t mean roll over and play dead.
Find other good people who are willing to help you.
A Higher Law 