False Allegations ~ False Accusations ~ Recovered Memories
b

 

sexual abuse ~ sexual assault ~ child molestation ~ rape of child

sexual offender profiles ~ pedophiles ~ supervised  visitation ~ custody

fathers' rights ~ grandparents'  rights ~ men's rights
stranger rape ~ student rape ~ spousal rape

sexual har3assment ~ executive separation agreements

 

  A consensual intimate relationship is NOT sexual harassment

 

 Child abuse brings out the best in us (the desire to protect our children)

and the worst in us (the lynch mob
Brian <brianr@wave.co.nz>
\

 

 Children lose their fathers every day in Probate & Family Court

-- Anonymous

 

DADDY'S DREAM
Though I’m not there to turn off the light,
To tuck you in and kiss you goodnight,
To read a book, or get you a drink,
It’s you I love, and of you I think.
If you were here, I’d give you a squeeze,
And ask if you could give me one please.
So to the day we’d say our good-byes.
As we lay down and close our eyes.
-- Don Mathis
Click

<> 

 

wrrrr

 

               24 June 2009
If you are reading this on Internet Explorer, you will see that this page is a bit messed up.   A tech was unable to fix the page.  If there is a tech out there who is bright and understands English, please get in touch.  Otherwise I shall be fixing it myself little by little.  No time until then.  Am moving out of the country.  Busy throwing out possessions unneeded in my new life.
     In the meantime, the other pages do not seem to be affected.  Skim down to the alphabetical and the Drano lists and click as usual.
      THANKS for your patience.
      Barb

 

UPDATE -- 24 June 2009

U.S. District Court Justice Edward Harrington refused to take jurisdiction over the state pendent claims in Meuse's malicious prosecution case  and sent those claims to the state superior court to resolve the action.  (State “pendent” claims are those claims brought under state law, not under federal law, and have not been disposed of by the time you bring a federal case.)

As soon as FOX Television Stations, Inc., and National Center for Missing and Exploited Children found themselves in state court, they again filed to dismiss the case on the grounds that the “fair report privilege” applied to the case.  They had lost their motions in federal court on that ground and lost their motions again in state court.  They then filed an interlocutory appeal of the denial of their dismissal motion.  They lost again.  FOX and NCMEC next petitioned the SJC for relief from the Appeal Court’s denial of relief from the Superior Court’s denial of their motions to dismiss the three claims pending in the lower court:  defamation, conspiracy, and emotional distress.

            I never got around to uploading Meuse’s winning appellate briefs to my website because of my ongoing war about my license.  

           Then I was disbarred and ordered off the case in Essex Superior Court to which Judge Harrington sent the state causes of action against FOX, AMW, NCMEC, opposing counsel.   Both Meuse and I got screwed.  I could have retired with some cash—finally— and Meuse did not get a remedy for that which he had suffered.
             
I’ll try to find the time to upkload the appeals and opinions after I relocate this summer!



Spring 2009
End of June, beginning of July
AM MOVING.
SELLING EVERYTHING NOW!!!!

Click here and see pictures.
Questions: 978-474-0833
Pick up in Andover, MA


When relocated, will resume adding items of legal interest to website,
but watch for the publication of my book around the same time.


MONDAY, DECEMBER 15, 2008

Judge Christina Harms in Norfolk County (MA) Probate & Family Court  did it again!  Mike wrote:


HARMS TOLD ME TWICE TO GET A W-2 JOB AND CLOSE MY BUSINESS OF 27 YEARS!!!! I WISH I COULD TELL YOU 
WHAT TO DO. I CAN'T HELP MYSELF!!!

 GOD BLESS YOU AND BEST OF LUCK,

 I WISH WE COULD GET SOME JUSTICE HERE.

Back in 1993, "Mike" developed the original 
conversion of the Ford Tremec into a GM 5-speed.
These have always bolted to OEM GM aluminum
bellhousings without an adapter plate. The
Early Ford & FE Tremec were also originals from
Mike. The Mustang firewall adjustable quadrant
kit also is an original from Mike. His latest
developements are external slave clutch
release conversions & cable release conversions
too. Now Tremec sells the GM TKO-500 & TKO-600
as a direct replacement thru their Elite
distribution system.

<>A  listmate responded:

Hi,

I hope you appealed this order to close your business, it's clearly unconstitutional. 

Harms has a long standing reputation for deciding heavily in favor of one party, rather than doing her damn job and seeking an equitable distribution. She
does occasionally find in favor of fathers, but still
in a heavily unfair manner. 

She has also openly stated several times in the courtroom that she does not trust self employed men or men who own small businesses. In one case in the past couple years, she said in open court that "we have to watch these slippery little devils" referring to a man who was a self employed plumber, I believe .... "...self-employed individuals are slippery little devils to deal with."  McCann's appellate brief, quoting Harms, A-206-207, Jan. 17, 2001.


"...berated Mr. McCann for his 'cockamamie scheme' of his continuing as a self-employed businessman, as he had been his entire adult life [A-241, 248]." McCann's appellate brief, quoting Harms.

This is why Judge Harms should not be on the bench.  
She might be well-educated but clearly she must be book
smart and life stupid.  No common sense no good judgment.
Her prejudice against working men flares like a rocket.
HARMS, GET OFF THE BENCH!!!
COMMISION OF JUDICIAL CONDUCT: GET ON THE STICK!!!
GET HARMS OFF THE BENCH.

 

UPLOADED DECEMBER 11, 2008

A slander on Canadian men

Barbara Kay, National Post 
Published: Wednesday, December 10, 2008
http://www.nationalpost.com/story.html?id=1054757

 

What kind of leader will Michael Ignatieff be? It's a question that popped into my head when he cranked out a communique last week about domestic violence. It was the sort of pro forma statement most of the media ignored. But I didn't.

 

Last week, I used the occasion of the 19th anniversary of the Ecole Polytechnique massacre to challenge the feminist movement's anti-male orthodoxies and bogus "statistics," which have swollen the government-funded coffers of women's projects at the expense of truth and men's rights. Normally I'd wait a while before tackling the subject again. But when a possible future prime minister of Canada puts his name to scare-mongering nonsense, for no other discernible reason than to curry favour with one identity group at another's expense, I feel compelled to write a follow-up.

 

Marking the 19th annual commemoration of the Ecole Polytechnique massacre, Mr. Ignatieff issued a statement commiserating with the 14 female victims' families. Well and good.

 

Not well and good was the lily-gilding statement, "Even today, nearly one in three Canadian women are victims of spousal abuse."   This oft-cited figure is a myth, fabricated from whole ideological cloth. If true, the epidemic social pathology it represents would render Canada as dysfunctional as Darfur.



Millions of Canadian women would be roaming the streets with broken bones.

 

Here are the facts Mr. Ignatieff's staff could not be bothered to research: The five-year incidence of spousal assault victimization reported by women in a recent StatsCan survey was 8% for women, 7% for men. It is not reported whether, as is likely, many of the victims were also perpetrators, since half of intimate partner violence (IPV) is reciprocal. For severe violence, the annual reported figures are 2.6% for men and 4.2% for women.

 

Unilateral spousal "battering" is fairly rare. In a U. S. national survey of men and women touched by IPV, only 6% of married women cited unprovoked abuse by their husbands against 10% of men reporting the same by their wives.

 

Why, on the subject of IPV, do our political and cultural elites so stubbornly cling to obvious absurdities in the face of this transparent, authoritative and readily available information to the contrary?

 

The persistent stereotyping of IPV as a male pathology would seem to be a form of mass hysteria -- not personal emotional breakdown, but rather hysteria in its viral sense of mass popular self-deception. How is the hysteria spread? By false statements such as those in Mr. Ignatieff's press release.

 

The misandric myths perpetrated by the "white ribbon" industry have terrible consequences. Falsely accused men are routinely driven from their homes, torn from their children's lives, languish in jail and a frighteningly high number are even harassed to suicide. That is because our legal system panders to the mass hysteria that Mr. Ignatieff, in thrall, like so many other pusillanimous politicians, to a handful of virulently anti-male ideologues, has indicated he will be complicit in promoting.

 

When leaders can't remedy social ills, or even apply themselves to understanding their actual causes -- and IPV is indeed a social ill in need of realistic treatment, not scapegoating -- they should at least refrain from adding to the problem.

 

There are important words Mr. Ignatieff needs to say to the literally millions of blameless fellow men his ignorance and bias have slandered: "I was wrong. I'm sorry." If he doesn't have the courage to do so, I would hope that Canadian men and fair-minded Canadian women will remember his cowardly silence, as I will, when next they go to the polls.

 



UPLOADED DECEMBER 6, 2008

TWO TELL-ALL reports from MaryEllen Manning,
a member of the Mass. Governor's Council.

 

b

a

 

 

 

UPLOADED

New child-support guidelines, worksheet, and chart for Massachusetts effective in January 2009.   Substantial changes.
Alternative links are direct to the Massachusetts government website:
     http://www.mass.gov/courts/childsupport/guidelines.pdf
       http://www.mass.gov/courts/childsupport/worksheet-child-support-guidelines.pdf
     http://www.mass.gov/courts/childsupport/child-support-guidelines-chart.pdf

 

DRANO #190 Judge Tauro's Order and Barb's Preliminary Documents (1) Notice of Appeal of the Imposition of Discipline Identical to that Imposed by Massachusetts.  (2) Motion for Leave to Appeal in Forma Pauperis,(3) Affidavit to Accompany Motion for Leave to Proceed in Forma Pauperis, (4) Motion for Court to Amend and Revise Its Order of 29 September 2008. On Monday, 6 October 2008, Barb electronically filed this pleading in the United States District Court in Boston  CLICK

 

 

HELP

To someone who knows who is running www.fightingcps:  Please send them this message.  I cannot get through to them, a problem when people work anonymously.  Their link for feedback does not work.
TO: fightingcps.com
Please remove the link to me in the blurp that states that I brought or am bringing a class action against CPS.  This is NOT NOT NOT true and NEVER NEVER NEVER has been true.   I do NOT know who led you to believe this, but they gave you a bum steer.
I actually had a phone call at 3 in the morning from someone in California where you have CPS.   I am next to the ATLANTIC Ocean, NOT the PACIFIC Ocean.
Please, please, please remove from your website the blurp telling people
I am bringing a class action.  I am NOT NOT NOT a class-action attorney!!!!!!!!
Thank you,
Barbara

 

Keep on scrolling down

The alphabetical list of files on this website and the Drano Series table are below.

 

The Massachusetts Supreme Judicial Court has issued proposed amendments to the rules for the Board of Bar Overseers.  I glanced at some of them.  Eye candy, eye candy.   But it is interesting that the SJC is acknowledging that there is a need to amend them. 

 

Uploaded to the bottom of Drano #187 is the response I received from Assistant Bar Counsel Susan Strauss Weisberg to my objections filed on 9 June 2008 in the federal district court in Boston.  In her response to my objections, Weisberg wrote that my objections were addressed in four earlier documents.  I responded to each of those documents, and my responses to them have long been in my Drano Series (look for The BBO v. Barb)  . . . and in the court, too, so I've decided I do not have to file a reply brief.

 

The inmate letters in the Innocence Insisted by . . . series are up to 41 Please try to contact criminal defense counsel for those inmates.  You will be blessed for your humane efforts.  One phoned recently, a 3-way call with his wife.  Go to his website, put up by his devoted wife, Dusti,  http://www.freedomprojects.bravehost.com/, which tells the whole story.

 

There is one inmate story which could conceivably be made into a movie.  An exceptional criminal defense attorney is sought.  No money now but a great opportunity for great publicity and money later.  A career case!


        ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

                        Archive of Barb's Thoughts of the Day . . . click

        ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

This series of files has been inspired by the many letters I've received from inmates across the nation for many, many years.  In one of the more recent letters, I learned they found my address at

forejustice.org/wc/wrongful_conviction_websites.

The introduction may be seen now.  CLICK.  I've been scanning the letters and they shall be up little by little over the coming weeks.  Although I do not know whether these people are Guilty or Not Guilty, they need emotional support and competent lawyers.

 

modern-line-black-scales.jpg

Innocence Insisted

by

1.  Allen Huerefeld (Cedar Rapids, IA) (July 3, 2007)  CLICK
2.  Edward J. Murray (Lovelady, TX) (June 4, 2000) CLICK
3.  Eugene C. Sellers (Somerset, PA) (March 3, 2006) CLICK
4.  Frank Edward Johnson (Rush City, MN) (May 30-June 30, 2007)  CLICK
5.  Glenn A. Holder, Sr. (Houtzdale, PA) (April 30, 2007)  CLICK
6.  Jackie Ketter (Abilene TX) (July 9, 2007) CLICK
7.  John J. Gephart, Sr. (Houtzdale,PA) (31 May 2003) CLICK
8.  John Robert Demos (Walla Walla, WA) (Deember 16, 2006) CLICK
9.  Mark Merech (Gowanda, NY)
(August 27, 2007CLICK
10, Nedro G. Parker (Iowa Park, TX) (June 5, 2000) CLICK
11. P. Alvin Jones (Walla Walla, WA) (Sept. 25, 2007) CLICK UPDATED****
12. Pete Jenkins (Tiptonville, TN) Letter #1 (Aug. 2000) CLICK and Letter #2 (July 28, 2008) CLICK
 
13. Peter G. Lonergan (Rush City, MN) (May 11, 2007) CLICK
14. Purvis Bush (Albion, PA) (May 3, 2007) CLICK
15. Rinaldo Duncan (Albion, PA)
(July 30, 2007) CLICK
16. Tony Campbell (Rush City, MN) (June 23, 2008) CLICK
17. Joseph Mann (Cresson, PA)
(July 11, 2008)  CLICK
18. John Weister (Huntingdon, PA) (July 20, 2007)  CLICK
19. Ohayola Ohadapo (Rush City, MN) (June 29,2007)  CLICK
20. David Yeager (LaBelle, PA) (July 7, 2008)  CLICK
21. Albert Medina (Indian Springs, NV) (May 21, 2008)  CLICK
22. Rafael Vasquez (Tennessee Colony, TX) (April 4, 2005)  CLICK

Vasquez' is a lengthy story, mostly typewritten, by an articulate man who has received a college degree, has attained paralegal status, and was pursuing a prelaw education at the time of this writing.  A writer and reporter, Carolyn D. Wall,  introduces him,.

23. Alfred Safka (Rush City, MN) (December 10, 2007) CLICK
24. Booker Leon Carter, Jr. (Huntingdon, PA) (Feb. 23, 2008) (a rape case)   CLICK
25. Mark M. Robinson (LaBelle, PA) (June 11, 2008) ((mistaken identity?)   CLICK
26. Jose Fields (Huntingdon, PA) (May 8, 2008) (DNA case) CLICK
27   Dean Williams (Bennettsville, SC) (August 17, 2006) CLICK
28. Francis O'Neill (Huntingdon, PA) (March 18, 2008CLICK (3d-degree murder)
29. James E. Nixon, Sr. (Bellefonte, PA) (May 20, 2007CLICK
30. Jonathan Crawford (Pound VA) (May 1, 2007) CLICK  ("rape" of ex-girlfriend)
31. Joseph Dickey (Pollock, LA) (July 30, 2006)  CLICK
32. Michael Carlton Lowe, Sr. (Rush City, MN) (June 12, 2008) CLICK
33. Robert F. Walker, Jr. (Waynesburg, PA) (February 12, 2008) (wants post-mortem info re time of death)   CLICK
34. Rocco Mirra (Coal Township, PA) (January 3, 2008) (assorted sexual crimes) CLICK
35. Peter Jenkins (Tiptobville, TN) (July 28, 2008, Letter #2)  CLICK
36. Andres Castillo (San Quentin, CA)  ****UPDATED****
         
Letter #1  (June 1, 2008) and Letter #2 (July  27, 2008)  CLICK
37  Thomas Matthews (Cresson, PA)
(Feb. 15,2008) CLICK
38. Tony C. Salkeld (Bellefonte, PA)
(March 23,2007) CLICK
39.  Leon A. Stone (Big Stone Gap, VA)
(May 1, 2008) CLICK
40.  Steven Paul Scott (Cresson, PA) (August 3, 2008) (aggravated indecent assault,...,and Megan's Law) CLICK
41.  Clarence A. Yates (Waymart, PA) (May 19 and June 20, 2006) (rape of minot) CLICK  Yates' is a lengthy story, typewritten, by an articulate woman who befriended him after he  was convicted, plus  page written byYates himself.

       

                                                                 

A few dozen more inmate letters will follow throught the next month.

 

 

 

 

 

 

 

 

 

 

 

 

   b

Hear my interview on Dr. Shirley Moore's show on 2 May 2008:

http://www.blogtalkradio.com/Justice4us/2008/05/02/Injustices-
The blurp says the interview is with Pat Barry, but it was with me.

   b

 

See historical files about Uniform Laws.  Links are in alphabetical ist below under "Uniform"

 

Added to the MMPI file: What's Wrong with This Picture?, Scientific American, May 2001.  Article debunks psychological tests: TAT and Rorshach.  Click

 

COMING SOON

A list of the States in which the causes of action for "Alienation of Affection" and "Criminal Conversion" are still viable.   Follow up on the "Heart Balm" case in the alphabetical list below.  See the  BIGAMY case recently uploaded!!!

 

 

eagle-trib-header

Published: December 26, 2007 12:00 am         

Four articles from The Eagle-Tribune about Barb:

Lawyer to seek Supreme Court review of disbarment, published December 26, 2007

Johnson freed from jail, planning appeals, [published: October 25, 2006

Johnson lives her life her way, published: August 25, 2006

§                                                Activist lawyer disbarred Barbara Johnson ran for governor in 2002, published August 18, 2006   


CLICK

 

b



           






 

WORDS TO REMEMBER

In my opinion, the formal commencement of a criminal proceeding is quintessentially this type of state action. The initiation of a criminal prosecution, regardless of whether it prompts an arrest, immediately produces “a wrenching disruption of everyday life.” Young v. United States ex rel. Vuitton et Fils, 481 U.S. 787, 814 (1987). Every prosecution, like every arrest, “is a public act that may seriously interfere with the defendant's liberty, whether he is free on bail or not, and that may disrupt his employment, drain his financial resources, curtail his associations, subject him to public obloquy, and create anxiety in him, his family and his friends.” United States v. Marion, 404 U.S.307, 320 (1971). In short, an official accusation of serious crime has a direct impact on a range of identified liberty interests. That impact, moreover, is of sufficient magnitude to qualify as a deprivation of liberty meriting constitutional protection.*fn9

Albright v. Oliver, 510 U.S. 266, 295-296, 114 S.Ct. 807, 824-825, 1994.SCT. 40853 at ¶80 <http://www.versuslaw.com> (1994) (Stevens, J., with whom Blackmun, J. joined, dissenting). The dissenting justices continued: 

I can think of few powers that the State possesses which, if arbitrarily imposed, can harm liberty as substantially as the filing of criminal charges.

Albright, 510 U.S. at 312, 114 S.Ct. at 833,.1994.SCT.40853 at ¶119 (dissent)

. . . the Due Process Clause of the Fourteenth Amendment constrains the power of state governments to accuse a citizen of an infamous crime.

Albright, 510 U.S. at 316, 114 S.Ct. at 835, 1994.SCT.40853 at ¶127 (dissent).   
                                                   

 

 

Webcasts of Barb's arguments at the Massachusetts Supreme Judicial Court: (appeal of the disbarment
and appeal of the contempt)
:

 

http://www.suffolk.edu/sjc/archive/2007/SJC_09820.html  Appeal of the disbarment: 14 minutes

http://www.suffolk.edu/sjc/archive/2007/SJC_09866.html Appeal of the contempt: 11 minutes

b

 

 

The Bar War Continues -- 
WENT TO JAIL ON OCTOBER 19TH, 2006

http://podcasting.fia.net/3254/1668678.mp3
(audio/mpeg Object)
WAAF 107.3 FM
 Inteview of Barb Johnson by Hillman Morning Show
the day after Barb's release from jail
People say this is HYSTERICAL!!

 

 

 

 

 

For a year I've asked folks to go to Governor Deval Patrick's MY ISSUE and vote on the following issues.  He has done NOTHING about them.  His MY ISSUE page is there solely to mislead the public into thinking he is listening to us.  He is NOT listening!!

 

 

On Massachusetts Governor Deval Patrick's website,
you can send the Governor this message:
GOVERNOR,
START THE CONSTITUTIONAL PROCESS
OF REMOVING BAD JUDGES
Click here and then vote:
http://devalpatrick.com/issue.php?issue_id=7627069

 

 

Vote also for the issue
DEMAND COURT REFORM OF THE
PROBATE AND FAMILY COURTS

Click http://devalpatrick.com/issue.php?issue_id=7607449

 

 

To go to Massachusetts Governor Deval Patrick's website,
click here and then VOTE for the issue:
http://devalpatrick.com/issue.php?issue_id=7626850

Terminate Daniel Crane as Director of Consumer Affairs

 

 

 

 

 

Click on
 http://devalpatrick.com/issue.php?issue_id=7578976 
to vote for Shared Parenting
and tell the Governor


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What to do when you are fighting CONTEMPT
or How to Stay out of Jail
~~~~~~~~~~~~~~
Complaints for Contempt by
Pocahontas Against Smith
and
Smith Against Pocahontas,
Two Orders by Judge Smoot,
and 9 Motions to Amend by Smith
Click

 

 

 

 

b

 

 

 

 

 

 

 

Bulletin Board
Alphabetical list of over 240 files is below 
the recent important pleadings.

Take a look also at the Drano Series Table at "D" in the list.

 

 

 

 

 

 

 

 

 

 

Section 1983 and Malicious Prosecution

Scroll down to Drano Series Table 
for descriptions and links

##135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 
145, 146, and 147 now in both .html and .pdf files

 

 

 

In YOUR Eyes,  Questionable Judges
Edward F. Donnelly, 
Middlesex County (Mass.) Probate & Family Court

This message is from  ...:

Hi there.  Whenever I get reamed I think it’s only fair that you share in my fun.  I was in court ... as a Plaintiff, taking my ex-wife for contempt for visitation violations.  There were approximately 6 violations over a 3 month period, then once she got the summons over a month ago everything has been perfect naturally.  I made my case and was pleased with how organized it was.  I did a better job than I thought I might do…did not choke, no stammering, etc.

I laid out the violations one by one.  Then my ex-wife’s attorney told me how they tried desperately to make this all right but that I wouldn’t cooperate.   Then my ex-wife gave a 10-minute diatribe describing horrendous things that I have done in the past, most of which were multiple years ago.  It is the standard speech that she gives every time in court so I was ready for it.  However, when I said ‘I object’ to object to the testimony as irrelevant, I was not allowed to object.  Judge Donnelly . . . said ‘Don’t interrupt

 

Donnelly had only 1 or 2 years with the State after law school, 1 year of a private practice, at which he must have not made any money, so spent the next 15-16 years pushing a pencil in the Register's office, then was, in 1998, appointed as a judge by  former Gov. Paul Cellucci, who must have made a chunk of change for the nomination.  When you think of Donnelly, think of Cellucci, too.

The complaint to the CJC against him was dismissed.  Only with MULTIPLE complaints might he CJC sanction him.
So COMPLAIN TO THE CJC IMMEDIATELY.
COMPLAIN TO GOVERNOR PATRICK.
COMPLAIN TO THE GOVERNOR'S COUNCIL.
COMPLAIN TO CHIEF JUDGE MARGARET MARSHALL.
COMPLAIN TO THE CJAM.

Then when my ex-wife was finished, I knew I was finished too.  Donnelly said to me ‘Last chance’, giving me one last chance to respond.  Based on the tone of that last chance, I knew I was cooked.

I said that my ex-wife made up a pack of lies, etc, but Donnelly didn’t listen.

I told him that I had 3 faxes with me where I was pleading with her attorney to give me make-up visits so we wouldn’t have to go to court, contradicting my ex-wife’s lawyer’s claim that I couldn’t wait to get to court, and Donnelly had no interest in them.

I told Donnelly that my ex-wife’s attorney’s written response to my complaint should not be considered or included in the court because he brought it in with him that morning, rather than him responding within 10 days of the complaint, so I had no chance to prepare myself against those responses.

I told Donnelly that the same holds for the $3600 that my ex-wife’s attorney is requesting.  He handed me that motion in the courtroom, with no time to prepare for it.  Of course, his hourly rate for that was $300 even though he bills my ex-wife $210, and there was no detail for the billing.

End result:  I now sit and wait for the letter that will tell me that my ex-wife is not in contempt and that I must pay ex-wife’s lawyer $3600 and possibly other punishment for having the gall to try to enforce my right to see my son at least as much as the damn minimum 14 percenter as it is called would allow me to.  Guys, I will respect your convictions for fighting tooth and nail for your rights in court, but I have learned my lesson.  I will do everything I can do from this point forward to avoid a court room, even if means giving my ex-wife more than she deserves for child support or anything else.  Going into court is akin to pounding your head against the wall to get what you want.  You not only won’t get what you want, but you’ll be worse off than when you went in.  I once again, and for the last time, know with 100% certainty that none of us will get anywhere unless and until there is a true rebellion.

 

 

Drano Series #129
Barb's Letter to the Editors, Lawyers Weekly, published on 8/16/04

Drano Series #128
See Judicial Immunity and the Supreme Court below



John Smith's Second Complaint
Section 1983 and Malicious Prosecution

Drano Series #111 Click

Civil Right Complaint: Section 1983 and Malicious Prosecution
(
With special instructions how to write a Complaint

                  


The Forum

Drano Series #102 Click.

Are Lawyers Entitled to the Full Sweep of
Due Process Protections?

OOn 10/18/04, the Massachusetts Bar Assocation
announced the creation of a BBO Task Force:

  • Time is RIPE FOR REFORM of the Board of Bar Overseers
  • Time is Ripe to Introduce Due Process to the BBO
  • See the Lawyers Weekly Editorial at Drano Series #134


 

Daily Injustices 

The Daily Injustices of Justices Catherine Sabaitis, Lisa A. Roberts, Edward Donnelly, and Dorothy Gibson.  Revolutionary Series #9. Click.

Censorship by the BBO and Retaliation by the Appeals Court
Revolutionary Series #10. Click.

 

 
Where Did Justice Go??
Miscellaneous Cases

UPLOADED 6/21/03 
Drano Series #96 Click.
Judge Allen J. Jarasitis: Judas to Justice
A sitting justice is a traitor to justice in trying to help 
the Bar Counsel and his Assistant Bar Counsel get Johnson

May they be hoisted on their own petard! 
May the judge be impeached and the Bar Counsel, Daniel Crane, 
and his assistant, Susan Strauss Weisberg,
be disbarred for unethical and perhaps criminal behavior.

We do not need such despicable people in our judicial system.

Drano Series #92
drano92-immunity-elderly-medical-assistance.htm#decision.

DECISION IN ON JUDICIAL AND QUASIJUDICIAL IMMUNITY

An Elder Fights the Denial of Medicaid
by Division of Medical Assistance 
and
the Hearing Officer Needs the Immunity Defense 
Provided by the Massachusetts Tort Claims Act

 


 

 

Press Control-End to go to Google search tool
 at bottom of page
You can search this website
or the entire web!

 

 

 

Drano Series #1 through #185 in the ALPHABETICAL LIST BELOW

SCROLL below
ALPHABETICAL LISTING OF SUBJECTS BELOW
SCROLL below 
A-Dra above the Drano Series Table
 Dr
-Z below the Drano Series Table

 

 

Allegations: True or Not?

True or not, allegations of sexual abuse and/or rape of child ignite a chain reaction of events in administrative agencies, a police detective bureau, a district attorney's office, lawyers' offices, one or more criminal courts, possibly one or more civil courts, appeals courts, and, of course, likely a hospital, jail, and/or prison.

If you have had the misfortune to have been vacuumed into this maelstrom, what you need is a local lawyer pronto.  If, for whatever reason, you have not hired an attorney, what you need until you do is a guide through the system, lots of information, quickly, sample motions and supporting legal briefs, and some clues to strategy.  You don't need to read a story.  You're living it.

Before exploring this site, you should first read my disclaimer.  (My name, address,  phone number, and email feedback connection are at the very bottom of every page in the site.)

And you should read my goals.

My goal is to make this Website informative for all falsely accused of sexual abuse or assault or rape of a child. What I have uploaded is only the nucleus of what I hope to see here: a treasure trove of information related to false allegations.  If you don't see the answers to your questions here, visit my Store, where I sell answers to questionsAnd if those aren't enough to solve your problems, visit The Back Room, where I discuss Consulting Services and Legal Representation.

Information such as practices and policies and successes and defeats of the authorities in each state would be welcome.  Names of so-called experts used by the state or defendants and the cases in which they testified would be welcome.  Names of community centers or other locations where supervised visitation may be held would also be welcome: knowing those resources could possibly make the ordeal a bit easier for those readers going through it at this time.  And suggestions for new Webpages are welcome!

In the meantime, the following is what this site can offer you now.  If you need further help in finding what you're looking for, you can use the search tool at the end of this page. It will help you search within this entire site, which contains multi megabytes of information!

 

 

ABA 10 Myths of Domestic Violence.  See the RADAR flyer about the falsity of the 10 myths:  CLICK
Abel Screening
Abuse, Determining Whether Children and Adolescents Have Been Abused: Forensic Evaluation of Children and Adolescents Who May Have Been Physically or Sexually Abused
Abuse, Determining Whether Infants and Toddlers Have Been Abused: How to Conduct a Psychiatric Assessment of Infants and Toddlers  (0-36 Months)
Abuse, Problems in Determining Whether Abuse Occurred
Administrative Agencyform for written report by mandatory 
      reporter; form for investigative report by agency
Alienation of Affection
A Man's Right to Choose:  Down with Paternity Fraud
        A falsacc list member writes candidly about what must be done
          to prevent paternity fraud. 
America's Secret Holocaust
Amicus Brief by Committee of Concerned Social Scientists, State 
      of NewJersey v. Margaret Kelly Michaels
Anatomical Dolls
Another Reader's Story
Answers to Admissions
Answers to Interrogatories
Appeal, Notice of
A Reader's Story
Articles from Eagle-Tribune about Barb!!!!!!!!!!!!
Attorney's Fees, Rule 1.5 of the Massachusetts Rules of Professional Conduct
Attorneys   Find out about your State's judiciary!!!! 
Attorneys: Referrals Looking for an attorney?  Looking for a "pro bono" attorney?  
Uploaded the contact information for the 50 State bars.  Click
AVERSION THERAPY      On The planning Board 
Award: Barb's Woman of the Year Award Fathers Day, 16 June 2002
Banners:  Help Barb Advertise This Site by Putting One of Her Banners on Your Site

 





False Allegations 
at falseallegations.com

 


Barb: Articles from Eagle-Tribune about Barb
Barb's Letter to the Editor of Massachusetts Lawyers Weekly
Barb's Thoughts of the Day . . .  Archive click
Battered Men and Family Violence, authored by Tom Williamson, President of National 
        Coalition of Free Men.  Click to Purchase
Battered Men:  http://www.noexcuse4abuse.org 
             877-643-1120 access code 0757
Bibliography for Amicus Brief by Committee of Concerned 
       Social Scientists, State of New Jersey v. Margaret Kelly Michaels
Bigamy Fall River jury awards $550,000 in emotionally charged bigamy case. From a
        legal perspective, it was a straightforward case of deceit and misrepresentation.
        From all other perspectives, however, Weerasinghe Turner v. Viveiros was
        anything but straightforward.  Reprint from Massachusetts Lawyers Weekly
        for educational purposes.

Books:  Bestsellers
Books for Defending Yourself
Books, Paperback/Hardcover Fiction/Nonfiction
Books to Relax with During Time of Stress
"Boys will be boys; women should let them," by Kathleen Parker
Caretaking Plans
Certificate o
f Service
(for convenience only)
Child: Consistent statements by child
Child: Do Children Lie?
Child: Establishing trust   
Updated June 18th, 2008
Child: Repeated Interviews: Memory Distortion and Learned Behavior
Child-Batterer Profile (Eli Newberger's Testimony Inadmissible)
       Child Protection at the Crossroads: Child Abuse, Child Protection, 
      and Recommendations for Reform, by Susan Orr, Ph.D.
(external link
Child Custody: Due Process: Constitutional Rights and the Stigma of Sexual
       Abuse Allegations in Child Custody Proceedings
Colleen McMahon, Catholic
        Lawyer,  Summer-Fall 1999 
(NEWLY uploaded  older file)

Child Maltreatment Victims: Who Are They?National Clearinghouse on Child Abuse
        and Neglect Information (NCCAN Clearinghouse) <
http://www.calib.com/nccanch/>
      
(NEWLY uploaded  older file)

Child Protective Services   If you are having trouble with Child Protective Services or the
       Department of Social Services, you must read this case.   A Massachusetts case
       filled with lots of cases from lots of States!!!! 

Child Savers: A Dirge in Pictorial Poetry
Child Sexual Abuse Accommodation Syndrome, CSAAS
Children's Suggestibility:
The New Wave in Children's Suggestibility Research: A Critique  
(NEWLY uploaded  older file)
Child Support
: Both parents have duty to support
Child Support Enforcement Program -- Dept. of Revenue, Auditor's Report - 1999
Child Support by Nonbiological Father
Child Support:
Solution to Child Support Guidelines
Child Support Guidelines: Constitutional Aspects of the Guidelines
      and Their Enforcement as presented by Nathaniel "Nat" Denman, the granddaddy
      of Fathers Rights to ABA Family Law Section
Child Support Guidelines in Georgia
Declared Unconstitutional
Child Support Modification for Reservists
Child Support Orders when two states are involved
         Full Faith and Credit for Child Support Orders, 28 U.S.C. 1738B
Child Support Guidelines for Massachusetts AND Worksheet for PRE-2/15/02
Child Support Guidelines for Massachusetts AND Worksheet for POST-2/15/02
Child-support guidelines for Massachusetts effective in January 2009.   Substantial changes. 
     Alternative links are direct to the Massachusetts government website:
           http://www.mass.gov/courts/childsupport/guidelines.pdf
               http://www.mass.gov/courts/childsupport/worksheet-child-support-guidelines.pdf
           http://www.mass.gov/courts/childsupport/child-support-guidelines-chart.pdf
Child-support worksheet for Massachusetts effective in January 2009.   Substantial changes.  http://www.mass.gov/courts/childsupport/worksheet-child-support-guidelines.pdf
Child-support chart for Massachusetts effective in January 2009.   Substantial changes. 
          
http://www.mass.gov/courts/childsupport/child-support-guidelines-chart.pdf

Child Support Guidelines -- Compare them from State to State: A very important study by David Weden, III,  financial analyst and expert on the guidelines.  See them  at the fact-filled site of a fathers' rights group in Massachusetts: Click Please note that the revised Child Support Guidelines were effective as of 2/15/02.  Click  Note also that David Weden is available as an expert witness.

Circumcision: Pros & Cons, authored by Tom Williamson, President of National Coalition of
        Free Men. Click to Purchase
Citation for Motor Vehicle Offense: How statute is stretched to 
      reach result desired by Commonwealth and likely the public, too
Civil liability for malicious prosecution: Immunity
Class Action by Divorced Dads for Illegal Child-Support Collection in
       Michigan
Clergy abuse
Sister Keri Burnor tells her story on her new web site, clergyvictim.com, of her abuse and the case that has reshaped her life involving St Joseph's Abbey in Spencer, Massachusetts. 
Client Fee Agreements:
Hourly or Contingency
  (Harassment in
       Employment)
      
Blank Agreement Forms for Filling out and Signing: Hourly or
       Contingency
(Harassment in Employment), Contingency (Non-employment)
Clinical psychologists.  See Psychologists
Cohabiting:  "She's cohabiting! Must I send so much support?"
Collection and the Department of Revenue
Colposcopy and the Unknown
Complaint for Modification
  (based on a deprivation of parental rights
        and a substantial change in circumstances)
Complaint:
An Outline for a Complaint
Complaint in the Nature of a Petition for a Writ of Certiorari
       and to Invoke the General Superintendence of the Court
Blank forms for filing judicial complaints at Commission on Judicial Conduct Click
Confidentiality of Information, Rule 1.6 of the Mass. Rules of Prof. Conduct
Consulting Services: Multilevel Fee Structure
   A Must Read
Contempt: Citations for the States of Washington and Texas by 
       an Anonymous Friend
Contempt: Sample Appellate Brief
Controversy!  With Texas psychologist & University of Texas at Tyler
Crespo v. Crespo,
Fourteenth Amendment Due Process, clear and convincing
     standard in domestic violence matters  
NEW
Criminal motions.  See Motions, criminal
Custody
Custody and "Constant
False Reporting of Abuse" -- A Story in Washington  (NEWLY
       uploaded  older file) - 6/16/08

Daubert Test and DNA
Dean Tong's Ashes to Ashes' Table of Contents
De Facto Parent Awarded Visitation
Defamation Complaint: A Live Case Provides a Sample Complaint .  See also Drano #153.
Defending Yourself
   What to Do When You are Accused and Fighting for Your Liberty  A falsacc list member writes candidly about how you must manage 
  your defense team and what you must do to properly defend yourself. 
Denman's Cases for Custody/Visitation Fights
Dennis the Menace
Department of Social Services
   If you are having trouble with Child Protective Services
         or the Department of Social Services, you must read this case.   A Massachusetts
         case filled with lots of cases from lots of States!!!! 
Depositions
Depression according to DSM-IV
Deprivation of Parental Rights: A Federal Complaint
Development of memory
Diagnosing Sexual Offenders  
(NEWLY uploaded  older file)
Dictionary,  See Law Dictionary
at the bottom of every page
Disclaimer
Discovery Tools: See Depositions, Motions, Interrogatories, Answers to 
     
Interrogatories, Requests for Production of Documents
Divorce
: Sexual abuse, prove by preponderance of the evidence
Dollar Incentives for States for Collection Efforts of Child Support 
            and Declarations of Paternity According to the
            National Women's Law Center  Click
    3/9/02 
               Why is there not a fathers' group gathering the statistics of how much 
            the States receive, the methods used, and the errors made?

Domestic Violence Guidelines

See below DRANO SERIES TABLE for rest of alphabetical list


 

DRANO SERIES TABLE
The documents shaded Green are the documents 
the Board of Bar Overseers wants to censor.

1

Drano Is Needed to Wipe Out Rampant Discrimination by the Judiciary
(1) PETITION FOR WRIT OF HABEAS CORPUS,
(2) EMERGENCY MOTION FOR PHYSICAL EXAMINATION OF CHILD,
(3) EMERGENCY MOTION TO COMPEL ATTENDANCE AT DEPOSITION AND FOR AN AWARD OF SANCTIONS,
(4) SUPPORTING AFFIDAVIT, ASSORTED RELATED MOTIONS, & PROPOSED ORDER

Meuse

2

More Drano Is Needed to Wipe Out Rampant Discrimination by the Judiciary: Fathers' outreach attempt to other fathers is rejected by Chief Justice as being political. What then are the women's outreach efforts?

Meuse

3

Judge Manzi's Order Puts Infant in Harm's Way

Meuse

4

Petition for Interlocutory Relief, Supporting Memorandum of Law, and Motion for Stay of Order of Probate & Family Court Pending Appeal

Meuse

5

An Amended Complaint Based on the Deprivation of Parental Rights
Suit against doctor, court investigator, mental-health counselor, psychologist,  social worker, trial court and child protective service

Linnehan and Brown 

6

Mom's Ex Parte Motion to Continue and Judge Mary McCauley Manzi's Unlawful Decision and Appeals Court Judge George Jacobs' Denial of Relief 

Meuse

7

Plan for Recusing an Anti-Children Judge

 

8

Petition to Invoke the General Superintendence of the Court

Meuse

9

Opposition to Motion to Dismiss on Immunity Grounds 

Linnehan and Brown

10

Notice of Appeal from the Denial of the G.L. c. 211 sec. 3: 
Petition to the Full Bench of the Massachusetts Supreme Judicial Court 

Meuse

11

Letter to Chief Justice Sean Dunphy for Judicial Assignment 

Meuse

12

Opposition to Motion for Judgment on the Pleadings on Grounds of Sovereign Immunity: A Creative Look at Its Unconstitutionality.  It Could Change the Way Massachusetts Treats Its Citizens

Linnehan and Brown

13

Why an interlocutory appeal is necessary!

Meuse

14

The Default of Eli Newberger of Children's Hospital

Linnehan and Brown

15

Motion to Strike Eli Newberger's Answer to Amended Complaint and Motion to Dismiss

Linnehan and Brown

16

Opposition to Motions to Compel Answers to Interrogatories and Production of Documents and Sanctions

Meuse

17

Opposition to Motion for Judgment on the Pleadings

Linnehan and Brown

18

Is there a G.A.L. in your life? A letter to a guardian ad litem, the president of the hospital, and the hospital's general counsel

Another active case

19

Opposition to Eli Newberger's Motion to Remove Entry of Default

Linnehan and Brown

20

Jim's Story: The Devastating Story People Have Been Waiting For

Linnehan and Brown

21

Opposition to Eileen Kern's Motion for Judgment on the Pleadings

Linnehan and Brown

22

Amended Complaint

Linnehan v. Robyn Gerry Sylvia Paternity Case

23

AFFIDAVIT OF ROBYN GERRY-SYLVIA IN HER DIVORCE CASE 

Robyn Gerry-Sylvia v. Michael R. Sylvia Divorce Case

24

AFFIDAVIT OF MICHAEL R. SYLVIA IN HIS DIVORCE CASE

Robyn Gerry-Sylvia v. Michael R. Sylvia Divorce Case

25

Complaint

Robyn Gerry-Sylvia v. Michael R. Sylvia Divorce Case

26

Obituary of a Grandfather Who Longed to See His Grandson Before He Died . . . AND THE LETTER OF THE PSYCHOLOGIST WHO RECOMMENDED DENIAL OF GRANDPARENTS' VISITATION

Linnehan Grandparents v. Robyn Gerry Sylvia

27

Mass. SJC Denies Relief

Meuse

28

Deleted. 

Deleted

29

Brown's Opposition and Memorandum in Support of Opposition to Eli Newberger's Motion to Dismiss

Linnehan and Brown

30

Meuse's SJC Rule 27 Petition for Rehearing

Meuse

31

Plaintiff James Linnehan's Opposition and Combined Memorandum in Support of His Opposition to Children's Hospital's and Eli Newberger's Motion to Dismiss

Linnehan and Brown

32

Linnehan's Opposition and Memorandum in Support of Opposition to Jack McCarthy's Motion to Dismiss

Linnehan and Brown

33

Judge Death Threat case: Commonwealth v. Trimboli Motion for Exculpatory Evidence  Updated: Not Guilty

Trimboli

34

Renegade Juvenile Court Judge Orders Impoundment of Materials Being Sued on in Federal Court. The outrageous order is reminiscent of edicts issued by tyrants, autocrats, and sociopaths who have climbed to the pinnacle of power in countries other than OUR U.S. of A.

Linnehan related

35

Petition for Interlocutory Relief from Supervised Visitation (M.G.L. 231, sec. 118)

John Smith, Jr., and Pocahontas

36

(1)Decision by judge to CLOSE courtroom over Smith's objection.
(2)Petition for Interlocutory Relief from Closed Session in Family Court (M.G.L. 231, sec. 118)

John Smith, Jr., and Pocahontas

37

Letter to Judge Mark E. Lawton about Order to Impound Reports of Social Workers, Psychologists, and Eli Newberger-Childrens Hospital and Certain Documents on This Website

Linnehan related

38

A real case with names changed for privacy reasons.Complaint Brought Pursuant to 42 U.S.C. sec. 1983 for False Arrest, False Imprisonment, Conspiracy, and Malicious Prosecution and Other Claims. "John Smith" was holding a tape recorder with which he had been taping the conversation with his wife's step-brother when the police entered the scene. Fate would have it that it was even in his palm when the officer cuffed his wrists behind Smith's back. The officer didn't notice it until Smith was being booked at the station.

John Smith, Jr., and Pocahontas

39

PLAINTIFFS' BRIEF ON (1) COURT'S AUTHORITY TO RETAIN JURISDICTION (this is about the domestic relations exception -- that is, about when the federal court will not take jurisdiction of cases arising out of domestic relations cases), (2) DEFAULT JUDGMENT AGAINST ELI NEWBERGER, (3) LINNEHAN'S SURREPLY TO DEFENDANT McCARTHY'S REPLY TO LINNEHAN'S OPPOSITION TO HIS MOTION TO DISMISS 

Linnehan and Brown

40

A Complaint for Rescission or Reformation of a Deed from JOHN SMITH's parents and John SMITH to JOHN SMITH and POCAHONTAS based on mistake, deceit, or fraud by not intending to keep solemn marital vows to stay married to JOHN until death do them part. This Complaint, whether successful or not, should warn all parents who convey real property to a child and his or her spouse to write IN THE DEED that in the event the parties divorce, the property will revert to the grantors (the parents) and shall not be property of the marital estate.

John Smith, Jr., and Pocahontas

41

Judge Dreben's Decision on Interlocutory Appeal Regarding Closed Hearings in Probate & Family Court (Decision on Drano #35 and #36)

John Smith, Jr., and Pocahontas

42

Letter to Chief Judge Martha P. Grace, Juvenile Court, and Chief Judge Sean M. Dunphy, Probate & Family Court

Linnehan related

43

Letter to Chief Justice Barbara A. Dortch-Okara, Trial Court, Chief Judge Martha P. Grace, Juvenile Court, and Chief Judge Sean M. Dunphy, Probate & Family Court.  Added the context in which all these letters were written.

Linnehan related

44

Child's Attorney Caught Lying to Chief Justices!! Provable by Documentary Evidence: Letter in Reply to Child's Attorney's Letters to Chief Justice Barbara A. Dortch-Okara, Trial Court, Chief Judge Martha P. Grace, Juvenile Court, and Chief Judge Sean M. Dunphy, Probate & Family Court Added the context in which all these letters were written.

Linnehan related

45

Memo #14 by Retired Justice John J. Irwin, Jr., regarding payment of Guardian ad Litem fees: ordering the family court judges to violate a statute. See section 4(a) of the memo. Do the Nuremberg principles apply here?

John Smith, Jr., and Pocahontas

46

Judge Caught Lying in Decision!!! Provable by Documentary Evidence.  Judge's Order Denying Motion for Restitution of Guardian ad Litem's Fees

John Smith, Jr., and Pocahontas

47

JOHN SMITH's interlocutory appeal on the issue of paying fees for the alleged services of a guardian ad litem was filed on Wednesday, July 25th. The appeal was based on both a constitutional issue -- the separation of powers -- and an allegation of fraud upon the court.In the petition, sufficient facts were asserted for the court to find that Merrill committed a fraud upon the court.

John Smith, Jr., and Pocahontas

48

Guardian ad litem fees being contested in the Appeals Court.  APPELLANT'S SUPPLEMENTAL PETITION FOR INTERLOCUTORY RELIEF.  The Judge and the Wife's Lawyer Caught Lying!! Provable by Documentary Evidence

John Smith, Sr, John Smith, Jr., and Pocahontas

49

Supplementary Brief for the Return of John Smith's Children. File includes a sample cover, the motion for leave (permission) to file the supplementary brief, the very brief brief itself, and some important attorney-client fee agreements and billing tips.

John Smith and Pocahontas

50

Opposition to Motion to Dismiss Complaint for Rescission Sought on Grounds of Not Honoring Solemn Marriage Vows

John Smith, Sr., John Smith, Jr., and Pocahontas

51

Verified Complaint for Violations of 42 U.S.C. §1983, False Arrest and Imprisonment, Conspiracy (under §1983 and common law), Failure to Protect and Prevent (by inadequately training), Malicious Prosecution, Abuse of Process, Negligence, Intentional and Negligent Infliction of Emotional Distress

John Smith, Jr., and Pocahontas

52

Drano Series #52, 53, 54, and 55: OppositionS to Motion to Dismiss Complaint for Violations of 42 U.S.C. sec. 1983, False Arrest and Imprisonment, Conspiracy (under section 1983 and common law), Failure to Protect and Prevent (by inadequately training), Malicious Prosecution, Abuse of Process, Negligence, Intentional and Negligent Infliction of Emotional Distress



Oppositions to Police Commissioner Big Honcho's Motion (in his personal capacity)  Court allowed the Commissioner's Motion to Dismss

John Smith, Jr., and Pocahontas

53

Oppositions to City and Police Commissioner in His Official Capacity 
The court ALLOWED in part and DENIED in part the City's Motion to Dismiss.
Count 5 -- a section 1983 count -- against the City is still alive and well.

John Smith, Jr., and Pocahontas

54

Oppositions to Officers Colorone and McBroghan's Motion to Dismiss
Smith won this round.  The court DENIED the police officers' Motion to Dismiss.
The case against the officers is alive and well.

John Smith, Jr., and Pocahontas

55

Oppositions to Pocahontas Smith and Sean Plumber's Motion
Smith won this round.  The court DENIED Pocahontas and Plumber's Motion to Dismiss.  The case against the Pocahontas (Smith's wife) and her stepbrother is alive and well.

John Smith, Jr., and Pocahontas

56

Complaint for Contempt Against Court and Its Judge . . . for disobeying an order of a single justice in the Massachusetts Supreme Judicial Court.  See the Attorney General's Motion to Dismiss at Drano #71.

Judge's contempt case

57

Complaint Against the Judges,  the Family Court, the Trial Court,
and the Commonwealth (see Opposition to Motion to Dismiss at Drano #62)

John Smith, Jr., against  judges

58

Complaint in the Nature of a Petition for a Writ of Mandamus, Pursuant to M.G.L. c. 211, sec. 3 (about removal of children to another State)

John Smith, Jr., and Pocahontas

59

Complaint in the Nature of a Petition for a Writ of Certiorari, Pursuant to M.G.L. c. 211, sec. 3 (about closing hearings) and Decision on #58 and #59

John Smith, Jr., and Pocahontas

60

Consolidated SJC Rule 2:21 Appeal of the Denials of Relief about the closed hearings and the removal of the children from one State to another

John Smith, Jr., and Pocahontas

61

The Decision on the Consolidated Appeals

John Smith, Jr., and Pocahontas

62

Opposition to Motion to Dismiss Complaint Against Judges, the Family Court, the Trial Court, and the Commonwealth (see Complaint at Drano #57)

John Smith, Jr., and People Who Wear Black Robes

63

The Marriage Vows Case:  Pointing out the errors in Pocahontas's Reply.
John Smith's Surreply to Pocahontas's Reply to his Opposition to her Motion to Dismiss

King Harry Smith, John Smith, and Pocahontas

64

More Technical Pleadings for the Marriage Vows Case: 
Good if you want to learn how to argue the facts of your case using the LAW.
The pleading is a "Supplement" to a "Surreply." 

King Harry Smith, John Smith, and Pocahontas

65

Petition for Interlocutory  Relief from the Application of the Massachusetts Child Support Guidelines Where the Father Has No Visitation
The legal ARGUMENT in this petition was written by the foremost NATIONAL EXPERT on Child Support Guidelines. (A link to her website and services is provided.) The petition does not address the constitutionality or the UNconstitutionality of the Massachusetts guidelines. That I will have to challenge in another way. DENIED on 12/27/01 without hearing.  See Drano #70.  Federal Complaint will be coming.

Linnehan domestic relations case

66

Petition for Interlocutory Relief for Temporary Child Custody
This petition is unlikely to be successful. The court will likely say that relief will be available after final judgment, but it WON'T BE. The child will be too old and will likely leave the home of the mother and go to points unknown. The father does not want to risk losing track of him. 

In either event, the petition shows the format -- at least in Massachusetts -- to be used for such an interlocutory appeal. It may also work in other States. The law, primarily from the United States Supreme Court, is good in all States.
DENIED on 12/27/01 without hearing or explanation. 

Linnehan domestic relations case

67

Complaint in the Nature of a Petition for a Writ of Certiorari and to Invoke the General Superintendence of the Court (pursuant to M.G.L. c. 211, sec. 3) to Reverse the Denial of Meuse's Motion to Dismiss the PARENTAL KIDNAPPING Charge
Technical but necessary.  It's another way to get interlocutory relief, that is relief from the denial of a motion to dismiss before trial.  The law is, of course, primarily from Massachusetts, but there is also law from other States and from the United States Supreme Court, which is good in all States. 

Brian Meuse Found NOT GUILTY of Parental Kidnapping

Brian Meuse's
parental kidnapping case

5/23/2002: Brian Meuse Found
NOT GUILTY of Parental Kidnapping

68

Motion for Restitution of Fees  Paid for Guardian ad Litem if  Your State Was Supposed to Pay  but You Were Ordered to Pay  Instead
The courts are trying to get around the statute by saying you consented by either stipulating or not objecting to their ordering you to pay the fees.  My contention is that that is not good enough:::  the statute orders the Commonwealth to pay, NOT you.  Any agreement into which you entered or any failure of you or your counsel to object does not cut it . . . it would have yielded a result opposite to the intention of the statute and thus would have been an unlawful agreement or result.

A sample for you to use with your own facts

69

First Round of an Appeal Fighting Immunity:
* Sovereign Immunity for the State
* Absolute, Quasijudicial Immunity for certain so-called mental-health workers 
* Qualified Immunity  for public officials and certain private parties

Linnehan and Brown against doctor, court investigator, mental-health counselor, psychologist,  social worker, trial court and child protective service

70

Complaint in the Nature of a Petition for a Writ of Certiorari and to Invoke the General Superintendence of the Court
In Massachusetts, this is the only way to "appeal" a denial by a single justice in the Appeals Court to give relief from the application of the Massachusetts Child Support Guidelines where a father has no visitation

Linnehan v. the mother of his child and the court

71

Attorney-General Thomas Reilly's Motion to Dismiss Complaint for Contempt Against Judge. The SJC dismissed the Complaint immediately, without giving the plaintiff an opportuity to oppose the motion.   See the Complaint at Drano #56.

Judge's Contempt Case

72

Reply of Brown and Linnehan to Defendants' Appellee Briefs
The Primary arguments are immunity and state action, i.e., whether the defendants were state actors. 

Linnehan & Brown against Evil Evaluator ELi Newberger et al
in the multibillion $,$$$,$$$,$$$ sex-abuse industry

73

Decision of Appeal Against Eli Newberger and Immunity:
* Sovereign Immunity for the State
* Absolute, Quasijudicial Immunity for certain so-called mental-health workers 
* Qualified Immunity  for public officials and certain private parties
When I filed this appeal, I had absolutely no hope of winning it.  I hoped only that I would get one or two sentences which would crack open a wee bit the door locked tight by immunity.  I think I succeeded. See the decision: if judges are people, they are accountable -- according to Article V of the Massachusetts Declaration of Rights.  This one might be appealed to the U.S. Supreme Court on that question.  It might also be used for the appeal in my judge case.

Linnehan & Brown against Evil Evaluator ELi Newberger et al

74

Complaint under §1983 for Deprivation of Civil Rights, §1985(3) for Conspiracy, Common-Law Conspiracy and Emotional Distress.   Five attorneys -- one now a sitting judge and one prominent lawyer court-appointed as Discovery Master -- being accused of attempting to commit fraud upon the court  Uploaded with pseudonyms!!

John Smith and Pocahontas and her counsel

75

Two more exhibits proving opposing counsel and the Discovery Master were committing fraud upon the court on Monday, June 3, 2002, in Suffok Probate & Family Court.   

John Smith and Pocahontas and her counsel

76

Opposition to a motion to dismiss by one of the attorneys sued for attempted fraud.   Uploaded with pseudonyms!! 

John Smith and Pocahontas and her counsel

77

Answer to a Complaint for Contempt for Nonpayment of Child Support When There Has Been No Custody or Visitation  Uploaded without surnames!! 

Paul and Lynda

78

To come when I know it's safe!

John Smith and Pocahontas and her counsel and the Discovery Master

79

Opposition to a motion to dismiss by the second of five attorneys sued in federal court under 42 U.S.C. section 1985(3) for conspiracy.
At the top, I give instructions on how I tried to write a brief to overcome the hurdles of judicial and quasijudicial immunity.
Uploaded with pseudonyms!! 

John Smith and Pocahontas, her former counsel (now lsoa sitting judge), the Discovery Master, and a judge

80

The Bar War: Barb's First Response to the Complaint by Robyn (mother of Jim Linnehan's child) and the child's court-appointed attorney, Deborah D. Wolf to the Board of Bar Overseers Office of the Bar Counsel

Barb Fights for her First Amendment rights against secrecy by impoundment

81

The Bar War: Barb's Second Response to the Complaint by Robyn (mother of Jim Linnehan's child) to the Office of the Bar Counsel and/or Board of Bar Overseers 

Barb's fight for her First Amendment rights continues

82

The Bar War: Barb's Second Response to the Complaint by Deborah D. Wolf (the child's Juvenile-Court-appointed attorney) to the Office of the Bar Counsel and/or Board of Bar Overseers

Barb's fight for her First Amend- ment rights continues against the court-appointed attorney

83

The Bar War: Barb's Response to the Complaint by the Office of the Bar Counsel 

Barb's fight against Bar Counsel

84

The Bar War: The Sano Saga: a series of letters from me to the Assistant Bar Counsel in response to a Complaint filed by Deb Sano in 1999, three years ago.  It was a bill dispute.  Deb had given me a little more than $10,700.  Feeling sorry for her and her family I did not charge f33or many things I did -- discounted many charges -- and sent her back a little more than $3100.  She wanted more money back I asked what parts of the bill she disputed.   Instead of giving me what I thought was a reasonable response, she complained to the Bar.   The Bar counsel did find an arithmetic error of a little more than $300.  I sent Deb a check for the amount.  Read the details.

Barb's fight against Bar Counsel
and the Sanos

84a

The Bar War: To come.  Banned in Boston by the Board of Bar Overseers, commandered by the Massachusetts Supreme Judicial Court

Barb's fight against Bar Counsel
and the Sanos

85

The Bar War: To come.  I must yet write this account.  It is about the events surrounding the 24 hours in 1998 I spent in jail because I said "No" to a judge who wanted to allow opposing counsel to see records of my own personal finances. . . . to determine whether my clients and/or I had the funds to fight the long, hard fight.

The judge had found me in contempt of a non-existent order to pay opposing counsel fees and to pay fines each day I did not pay.   I balked in paying them.  I was trying to see 26 boxes of documents . . . to get MORE (I already had some) . . . documentary proof of the fraud committed by a company against the Commonwealth of Massachusetts.  (TYCO -- yes, of scandal fame -- had bought the defending company and was in control of the boxes.)

Barb's fight against Bar Counsel
about a bogus charge of contempt

86

The Bar War:  Sunday, 1/19/2003
My Proposed Findings of Fact, Memorandum of Law, and Proposed Rulings of Law after hearing on Bar Counsel’s motion for the release of impounded or segregated records. 

 

87

Where Did Justice Go? (Case #1) Three courts and the  Board of Bar  found NOTHING wrong with an attorney putting an attorney's lien for attorney's fees on the case of a senior citizen who did not even know him. Retaliation??
4/4/03 Update: The highest court in Massachusetts denied Senior Citizen Cholfin's application for further appellate review.  No reason given.  Just denied.   An abominable decision.

Retaliation because I'm fighting aainst JUDICIAL IMMUNITY????

88

Where Did Justice Go? (Case #2, An Estate Owed Elderly Caregiver Payment for Services ) The decision in this old case is so badly reasoned that I cannot help think it was just an example of how far the court will go in Retaliation because I'm fighting aainst JUDICIAL IMMUNITY.

Retaliation because I'm fighting aainst JUDICIAL IMMUNITY????

89

Reserved.

 

90

The Bar War: Barb's Official Answer to the Petition for Discipline Against Barb
The Board of Bar Overseers is the adjudicatorial arm. General Counsel of the BBO reports to the Board.  The Office of Bar Counsel is the prosecutorial arm. Bar Counsel of the BBO reports to the SJC.  However, before a Petition for Discipline is sent out, the OBC needs the approval of the BBO.
This answer was the one produced by counsel, whom I soon fired and then submitted as my answer my original answer as shows in ##90A, 90B, and 90C..

 

90A

Count One of Bar Counsel's Petition for Discipline of Barb and Her Side of the Story Interwoven in Blue

 

90B

Count Twoof Bar Counsel's Petition for Discipline of Barb and Her Side of the Story Interwoven in Blue 

 

90C

Count Three of Bar Counsel's Petition for Discipline of Barb and Her Side of the Story Interwoven in Blue 

 

91

The Bar War Barb's Motion for Award of $50,000 Fees by Mass. Supreme Judicial Court for Attorney to Defend Against Charges by Office of Bar Counsel in Petition for Discipline of Her. 

The Battle Between Barb and the Bar

92

The Elderly and the Struggle for Medicaid: An Elder Fights the Denial of Medicaid by Division of Medical Assistance and the Hearing Officer Needs the Immunity Defense Provided by the Massachusetts Tort Claims Act
An elderly woman appealed the administrative decision by the Division of Medical Assistance of the Office of Health and Human Services to deny her MassHealth/Medicaid. She sued a few folks in their official and individual capacities. Those folks moved to dismiss the case against them as individuals ... because the Commonwealth does not indemnify them (pick up the tab for them) in their individual capacities, where their own bank accounts would be in jeopardy.

GiGi (Great-Grandma) fights the Division of Medical Assistance of the Office of Health and Human Services:  Issue 1: Immunity not applicable. 
Issue 2: Incompetence and bad faith erases any protection by immunity of the Mass. Tort Claims Act

93

The Bar War:  Maggie Mulvihill, Columnist with the Boston Herald, Weighs in on Barb's Fight with the Bar Counsel: "Bar better be prepared for battle" (March 11, 2003)

Retaliation because I'm fighting aainst JUDICIAL IMMUNITY????

94

Has your spouse moved to another State and gotten a restraining order there against you? A Special Petition about a Restraining Order in Another State:
When a Section of a Restraining Order Statute Has Not Been Interpreted by the High Court

A revengeful spouse?

95

Family Court Commits Crimes:  Destruction of Evidence and Obstruction of Justice Three sitting judges and two assistant registers are implicated in crimes, proving that Sean Dunphy is a failed administrator

Corruption of the Family Court

96.

The Bar War:  Judge Allen J. Jarasitis: Judas to Justice
A sitting justice is a traitor to justice in trying to help the Bar Counsel and his Assistant Bar Counsel get Johnson
May they hang on their own petard!  May the judge be impeached and the Bar Counsel, Daniel Crane, and his assistant, Susan Strauss Weisberg, be disbarred for unethical and perhaps criminal behavior. We do not need such despicable people in our judicial system.

Corruption of a judge and the Office of Bar Counsel

97

John Smith's Opposition to Discovery Master's Motion of 4 May 2003 (a) to Approve Expenditures from Escrow Accounts and (b) for Instructions on What to Do with the Remaining Funds Conversion? Larceny? Fraud? 
Two court-appointed escrow agents -- two lawyers -- were not to remove funds from a $43,000  escrow account without court  permission . . . but they did remove funds without that permission.  Now one is trying to get the judge to approve his conversion of the funds.


John Smith and Pocahontas.

Corruption of two lawyers -- now one a judge

98

Lawyers Weekly Hearsay Column, 6/23/2003:A HEARSE, OF COURSE

Calling attention to people's civil rights

99

John Smith's Opposition to His Wife's Attorney's Fees
Great for finding reasons upon reasons why you should NOT have to pay your spouse's attorney's fees

John Smith and Pocahontas

100

The Bar War:  Johnson Seeks Reconsideration of Her Motion for a Jury Trial for the Board of Bar Disciplinary Hearing

The Battle Between Barb and the Bar Continues

101

Floyd and Barker: the Seminal Case from the Star Chamber out of which 
Judicial Immunity Arose in 1607

Judicial Immunity

102

The Bar War: Are Lawyers Entitled to the Full Sweep of Due Process Protections?

BBO and the Star Chamber

103.

John Smith Appeals Dismissal on Eleventh Amendment and Judicial Immunity  Grounds of Case Against Judges -- UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT (Memorandum and order included)

John Smith against the judges Eleventh Amendment and Judicial Immunity 

104

Panel to Set Standards on Judicial Accountability by David G. Sacks, first justice of the Hampden Probate & Family Court and chairman of the newly created  Steering Committee on Performance and Accountability. The article appeared in Lawyers Weekly, October 27, 2003 on page 11 [ 32 M.L.W. 443]

Dunphy gives us the status quo??

105

Barb's Letter Makes It into the Massachusetts Lawyers Weekly, November 3, 2003 She complains that the Board of Bar Overseers'  new accounting rule steamrolls over lawyers' rights.  Yep, we have them, too.  The point is that they steamroll EVERYONE's rights!

Barb warns against BBO's trap for the unwary: New Board Rule 1.15 unconstitutional

106

The Bar War: Some of the Motions Barb Filed at the BBO [Board of Bar Overseers] from the most recent to the oldest

To save yourself???

107

BARB GOES ON THE OFFENSIVE:The Bar War:State Complaint Against the Board of Bar Overseers, Chair Ellen Carpenter, Special Hearing Officer Herbert P. Phillips, the Office of Bar Counsel, and Bar Counsel Daniel Crane 

Barb sues the BBO

108

BARB GOES ON THE OFFENSIVE:The Bar War: Preliminary Injunction

The attempt failed

109

BARB GOES ON THE OFFENSIVE:The Bar War: Federal Complaint Against the Board of Bar Overseers, Chair Ellen Carpenter, Special Hearing Officer Herbert P. Phillips, the Office of Bar Counsel, and Bar Counsel Daniel Crane

Barb sues the BBO in federal court

110

John Smith's Reply to the A-G's Appellee Brief: What do you think?  Was the A-G stymied about how to justify judicial immunity? Is the Commonwealth a "person"? Can you sue your own State in Federal Court? Did you know there are two prongs to the Eleventh Amendment? One ratified. The other, 100 years younger and  judge-made. Can you overcome the Rooker-Feldman doctrine?

John Smith on Judicial Immunity, the Eleventh Amendment, Rooker-Feldman, and a taste of sovereign immunity

111

John Smith's Second Section 1983 and Malicious Prosecution Complaint against Pocahontas (the second time), the Detective with the Domestic Violence Unit, the City of Boston, and Pocahontas's attorney, who made the bogus 911 phonecall to the police

John Smith sues Pocahontas for malicious prosecution again, the police, and Pocahontas's attorney in federal court

112

John Smith's Opposition to DV Detective James's Motion to Dismiss

Second malicious prosecution action by Smith. 

113

John Smith's Opposition to Boston's Motion to Dismiss. See also ##111, 112,139, 140, 141, 142, 143, 144, 145, 146 (all summary judgment pleadings),

Second malicious prosecution action by Smith. 

114

BARB GOES ON THE OFFENSIVE: Opposition to the Motion to Dismiss by Board of Bar Overseers, the Board Chair Carpenter, Special Hearing Officer Herbert Phillips, Office of Bar Counsel, Bar Counsel Daniel Crane   All about the Younger Abstention Doctrine, which the courts use to dismiss your federal complaints

Barb Fights Back the BBO and the OBC AND the Younger Abstention Doctrine in federal court

115

115a

Table of Contents to Proposed Findings of Fact

Actual Proposed Finding -- Half html'ing done.  Other half to do.

What you need to write after a divorce trial
Will show you what you can ask during your divorce trial

116

Brian Meuse's Federal Complaint for Violation of His Civil Rights, including Malicious Prosecution, False Arrest and Imprisonment, and Defamation: All Arising out of an Affidavitless Warrant and a Conspiracy, Uncaring Courts, and a Parental Kidnapping Charge Leading to a Verdict of Not Guilty

What you need to file after a verdict of Not Guilty

117

BARB GOES ON THE OFFENSIVE: Barb's Brief Asserting That Neither Quasi-judicial Nor Quasi-prosecutorial Immunity Is Applicable AND
Barb's Opposition to Defendants' Further Motion to Dismiss AND
Motion to Reconsider Dismissal of Counts 1-6, Which Seek Declaratory Judgments (Court has subject-matter jurisdiction.  Judge did not realize that!!!)

A few creative arguments on:
Quasi-judicial Immunity and Quasi-prosecutorial Immunity

118
NCMEC
Stults
Pane

Brian Meuse's Oppositions to Three Motions to Strike for Alleged Noncompliance with Rules 8(a) and 8(e) Opposition to National Center for Missing and Exploited Children (NCMEC),  3/31/04
Opposition to Rosalyn Stults, Esq.,  3/13/04,

Opposition to Susan Pane, 3/13/04 

Compares Rules 8(a) and 8(e) with 9(b) and the common law on pleading conspiracy.

119

The Bar War Continues: Barb's Proposed Findings of Fact and Rulings of Law in the Bar's Action Against Her

Barb Fights the BBO

120

John Smith's Petition for a Writ of Certiorari from the Court of Appeals for the First Circuit to the United States Supreme Court
About "Good Behavior" and Judicial Immunity and the Eleventh Amendment
All three documents are here: the Petition, the Judgment from the First Circuit Court of Appeals, and and the Memorandum and Order from the United States District Court at Boston  --
Related pleadings:
Drano #57, the Complaint
Drano #62, the Oposition to Motion to Dismiss, and
Drano #103, the appellate brief to the First Circuit Court of Appeals and
Drano #128

There is only ONE percent chance that this writ will be heard by the United States Supreme Court.  Keep your fingers crossed!  I sued four judges in this case!

121

Brian Meuse's Opposition to Motion to Dismiss by FOX Television Stations, Inc. Issues: Fair Report Privilege to Defame and Conspiracy

Meuse's Sec. 1983, false arrest, defamation, malicious prosecution, etc.

122

BARB GOES ON THE OFFENSIVE: COMING: Motion to Reconsider Memorandum and Order of 5/26/04 and Vacate Dismissal of Counts 7-10.  This motion was denied.  Case on appeal.

Barb's federal case against the Board of Bar Overseers

123

Meuse's Opposition to STF Production's Motion to Dismiss. STF is more well known as America's Most Wanted, the TV show on FOX.

Brian Meuse

124

Meuse's Opposition to Motion to Dismiss by National Center for Missing and Exploited Children (NCMEC).  Judge rules NCMEC immune to suit under federal law

NCMEC gets $10,000,000 a year from the federal government. BACKCHANNEL source says, No over $18,000,000 a year!

125

Fathers for Justice: Photos of London Fathers Day Protest March

Support F4J-UK !!!!!!

126

The Court's Decision & Meuse's Motion to Reconsider Sua Sponte Dismissal of Bivens Claims.  Judge rules American's Most Wanted and FOX TV  immune to suit under federal law.
UPDATE: Judge Harrington refused to issue Rule 54(b) judgment, so First Circuit appeal of the dismissal of the claims against the corporations was not allowed to go forward. 

(1) Meuse will have to sue American's Most Wanted and FOX TV (Rupert Murdoch enterprises) and National Center of Missing and Exploited Children and Wal*Mart in State court or wait to appeal the dismissal os the corporations at the end of trial. 

(2) Meuse will have to sue the FBI separately for fraud.

A Surprise Dismissal of so-called Bivens claims

127

The Firestorm Caused by Meuse's Motion to Reconsider Sua Sponte Dismissal of Bivens Claims

Former Boston FBI Agents Caught LYING !!!  The same month now-imprisoned FBI John J. Connolly, Jr., indicted

128

Smith seeks a rehearing of his Petition for a Writ of Certiorari from the Court of Appeals for the First Circuit.  His nonconforming letter-petition has probably 1/2 of 1% of 1% chance of being granted -- but it was a chance to tell the Supreme Court what she thinks of the judicially-created doctrine of judicial immunity

Barb hoped her letter would reach the Supreme Court justices.  A few months later, Barb had heard nothing.  Into the Black Hole it went!

129

Letter to the Editors of Massachusetts Lawyers Weekly, published on 8/16/04. Barb includes here the original letter, too.  You can compare what got cut out before statewide publication.

Barb surprised that provocative letter about judges got published ... but judges' names got redacted

130

Opposition to Motion in Limine to Preclude Defense.  Defendant is charged with criminal trespass.

Dottie LaFortune's home was foreclosed and a Writ of Possession issued.  This 50-something former dance teacher was removed from her home by a SWAT team (law enforcement thought the Alabama Militia had come North to Maine to help her resist removal!).  They handcuffed her, searched her home, and charged her with Criminal Trespass. 

The DA, formerly the President of Maine's Senate, then brought a Motion in Limine on the grounds of collateral estoppel (issue preclusion) to stop LaFortune from claiming the home from which she was removed was hers.

So LaFortune contacted Barb to oppose the motion. The opposition discusses collateral estoppel (issue preclusion) and void judgments.  In Barb's opinion, the bureaucrats of the City of Biddeford goofed, the DA's motion is frivolous, and LaFortune was not trespassing.

Judge Arthur Brennan forbid Dorothy from defending against a civil judgment she contends is invalid. In Barb's opinion, the judge is incorrect.  A civil judgment, based on a preponderance of the evidence, cannot support a judgment on reasonable doubt.
 

State of Maine v. Dorothy LaFortunefor criminally trespassing in her own home, from which she was removed by a SWAT team.

Appellate Issues: Collateral estoppel (issue preclusion) and void judgment. 

The trial judge on the criminal case was also on the civil case.  He denied Dot's motion to recuse himself from the criminal case.

Trial on March 28th in Alfred, Maine, at York County Superior Court

131

Amended Motion to Dismiss State of Maine v. Dorothy LaFortune on Grounds of Where Judgment of Civil Court Was Void on Jurisdictional Grounds, Defendant Was Owner of Property and Could Not Trespass, Making Dismissal Mandatory by Operation of Law.   In Barb's opinion, the bureaucrats of the City of Biddeford goofed and LaFortune was not trespassing. Where the foreclosure and writ were unlawful, the charge of criminal trespass must be dismissed.

Issue: Void judgment

State of Maine v. Dorothy LaFortune   Trial on March 28th in Alfred, Maine, at York County Superior Court

132

Updated Pretrial Conference Memorandum 
Uncontested Facts, Contested Facts and Issues of Law, Lists of Witnesses and Documents, Updated Pretrial Conference Memorandum Contested Facts and Issues of Law

State of Maine v. Dorothy LaFortune Trial on March 28th in Alfred, Maine, at York County Superior Court

133

BARB GOES ON THE OFFENSIVE: Appellate Brief in Barb v. Board of Bar Overseers, the Board Chair Carpenter, Special Hearing Officer Herbert Phillips, Office of Bar Counsel, Bar Counsel Daniel Crane   All about the Younger Abstention Doctrine, Rooker-Feldman, and the Eleventh Amendment (the unconstitutional second prong), all of which the courts use to dismiss your federal complaints
PLUS:  The Massachusetts Bar Association announces Task Force to study and evaluate policy and procedures at the Board of Bar Overseers. Lawyers Weekly, Editorial, Oct. 18, 2004. 33 M.L.W.426

Barb versus the Board of Bar and others goes to the First Circuit Court of Appeals

134

In Memoria: Patrick "Butch" Bailey, on September 20, 2004, by Suicide brought on by Judge Herbert Gill, Chesterfield County, Virginia

Patrick "Butch" Bailey

135

Opposition to Defendant Attorney John DiPiano's Motion to Dismiss.
The ofollowing Drano pleadings are related to this opposition:
##136, 137, 138, 139, 140, 141, 142, 143, 144,  145, 146, and 147 now in both .html and .pdf files . 

Facts for summary judgment broken into Disputed Material and Immaterial and Undisputed Material and Immaterial facts  Learn thow o argue the difference! The pleadings include legal arguments for:

    • tape-recording police officers at the scene (recorder on before officers arrive)
    • videocam-ing a wife and her divorce attorney
    • Domestic Violence Guidelines
    • municipal liability
    • custom and policy
    • deliberate indifference
    • single incidence or "obviousness"
    • arrest-preferred policy
    • full faith and credit for out-of-state restraining order
    • federal bonus incentives for complying with Grants to Encourage Arrest Policies and Enforcement of Protection Orders Programs   (by DoJ Office of Justice Programs and Office of Violence Against Women, OVW/VAWA)
    • garden-variety malicious prosecution and section 1983 malicious prosecution
    • a constitutional argument allowing a conspiracy claim  under the second clause of § 1985(3)(c) without having to prove invidious gender discrimination Drano Series #141

Second malicious prosecution action by Smith.
In .html and Adobe pdf files

136

Opposition for Reconsideration of Judge Mark Wolf's Denial of Detective Suzanne/Susan James's Motion to Dismiss
This pleading goes deeply into the issue of RESTRAINING ORDERS and the DOMESTIC VIOLENCE GUIDELINES, particularly the arrest-preferred policy.

Second malicious prosecution action.  Smith won!

In .html and Adobe pdf files

137

Opposition to Motion for Reconsideration of Judge Mark Wolf's Denial of John DiPiano's Motion to Dismiss
This pleading goes deeply into the issue of RESTRAINING ORDERS and CIVILand CRIMINALCONSPIRACIES.

Second malicious prosecution action. Smith won!

In .html and Adobe pdf files

138

Opposition to Motion for Reconsideration of Judge Mark Wolf's Denial of City of Boston's Motion to Dismiss.
The opposition is exciting because it goe deeply  into the issue of RESTRAINING ORDERS and the DOMESTIC VIOLENCE GUIDELINES particularly the arrest-preferred policy, custom and policy of municipality.

Judge Wolf denied the defendants' motions for reconsideration of the denial of the defendants' motions to dismiss.
In .html and Adobe pdf files

139

Is your claim a "garden-variety" malicious prosecution claim or a malicious prosecution claim amenable to Section 1983?  Very important issue!
If you have a garden-variety malicious prosecution claim, it might be dismissed.

For any malicious prosecution case by John Smith.  Judge Wolf ruled the malicious prosecution claim was NOT a "garden-variety" malicious prosecution claim.
In .html and Adobe pdf files

140

Smith's Opposition to Police Officers' Local Rule 56.1 Statement of Facts in Support of their Motion for Summary Judgment 

First malicious prosecution
case by John Smith

In .html and Adobe pdf files

141

Smith's Memorandum in Support of His Opposition to Police Officers' Memorandum s in Support of Their Motion for Summary Judgment
Important brief about conspiracy under section 1985(3)(c),comparing conspiracy under first and second clauses.  The first needing invidious discrimination.  The second, not.

First malicious prosecution case by John Smith
In .html and Adobe pdf files

142

Smith's Surreply to Police Officers' Local Rule 56.1 Statement of Facts in Support of their Motion for Summary Judgment [

First malicious prosecution case by John Smith
In .html and Adobe pdf files

143

DECIDED: POLICE OFFICERS ARE NOT ENTITLED TO QUALIFIED IMMUNITY: 
Smith's Opposition to Police Officers' Motion for Reconsideration (by Chief Magistrate-Judge Robert B. Collings) of the Denial of the Officers' Motion for Summary Judgment Based on Qualified Immunity 

First malicious prosecution case by John Smith 

In .html and Adobe pdf files

144

DECIDED: POLICE OFFICERS ARE NOT ENTITLED TO QUALIFIED IMMUNITY: 
Smith's Surreply in Opposition to Police Officers' Motion for Reconsideration (by Chief Magistrate-Judge Robert B. Collings) of the Denial of the Officers' Motion for Summary Judgment Based on Qualified Immunity 

First malicious prosecution case by John Smith 

In .html and Adobe pdf files

145

DECIDED: POLICE OFFICERS ARE ENTITLED TO PROTECTION UNDER WIRETAP STATUTE (Tape recording in progress when  police came.  Statute treated as mandatory statute.  Barb still disagrees): 
Smith's Motion for Partial Reconsideration (by Chief Magistrate-Judge Robert B. Collings) of the Officers' Motion for Summary Judgment on Their Counterclaim for Violation of the c. 272, sec. 99(Q) (the wiretap statute) by tape-recording

First malicious prosecution case by John Smith 

In .html and Adobe pdf files
New 7/7/05

146

DECIDED: POLICE OFFICERS ARE ENTITLED TO PROTECTION UNDER WIRETAP STATUTE (Tape recording in progress when  police came.  Statute treated as mandatory statute.  Barb still disagrees):  Smith's Supplemental Motion for Partial Reconsideration (by Chief Magistrate-Judge Robert B. Collings) of the Officers' Motion for Summary Judgment on Their Counterclaim for Violation of the c. 272, sec. 99(Q) (the wiretap statute) by tape-recording

First malicious prosecution case by John Smith 

In .html and Adobe pdf files

147

DECIDED: POLICE OFFICERS ARE ENTITLED TO PROTECTION UNDER WIRETAP STATUTE (Tape recording in progress  when  police came.  Statute treated as mandatory statute.  Barb still disagrees):
Smith's Reply to Officers' Opposition to Motion for Partial Reconsideration (by Chief Magistrate-Judge Robert B. Collings) of the Officers' Motion for Summary Judgment on Their Counterclaim for Violation of the c. 272, sec. 99(Q) (the wiretap statute)

First malicious prosecution case by John Smith 

In .html and Adobe pdf files

148

Smith's Motion to Dismiss John DiPiano's three counterclaims: (1) Tortious Interference with Advantageous Business Relationship, (2) frivolous suit, pursuant to M.G.L. c. 231, §6F, and (3) alleged violation of the wiretap statute, M.G.L. c. 272, §99(Q) by videocam-ing   In an Adobe,pdf file

Second malicious prosecution case by John Smith
In an Adobe pdf file

149

Smith's Reply to John DiPiano's Opposition to Smith's Motion to Dismiss DiPiano's three counterclaims: (1) Tortious Interference with Advantageous Business Relationship, (2) frivolous suit, M.G.L. c. 231, §6F, and (3) alleged violation of the wiretap statute, M.G.L. c. 272, §99(Q) by videocam-ing  In an Adobe pdf file

Second malicious prosecution case by John Smith
In an Adobe pdf file

150

The Bar War Continues: As Barb anticipated, "they" want Barb's law license.   So here is her appeal to the Board.  "They" might give the appeal to a few members of the Board or the whole Board.  It's a roll of the dice.

The BBO v. Barb 

151

Barb v. The Bar et al: Barb sent her Petition for Writ of Certiorari to the United States Supreme Court The issues are quasi-judicial immunity and quasi-prosecutorial immunity. It's another roll of the dice.

Barb v. The BBO at SCOTUS

152

Complaints for Contempt by Pocahontas Against Smith and Smith Against Pocahontas, Two Orders by Judge Smoot, and 9 Motions by Smith: (1) Motion to Reconsider Order in ¶1 of August 12th Order re Appointment of Special Master, (2)  Motion to Amend Order in ¶2 of August 12th Order re Child Support, (3) Motion to Amend Order in ¶3 of August 12th re Uninsured or Unreimbursed Medical Expenses, (4) Motion to Amend Order in ¶4 of August 12th Order in Pocahontas Smith v. John Smith and Order in ¶3 of August 12th Order in  John Smith v. Pocahontas Smith, both re Life Insurance, (5) Motion to Stay Order in ¶5 of August 12th Order re Financial Statement,(6) Motion to Amend Order in ¶6 of August 12th Order re Delivery of Children to Pocahontas’s Father, (7) Motion to Vacate Order in ¶7 of August 12th Order re Signing up for DOR/CSE Services, (8) Motion to Amend Order of August 12th to Include Order re Health Care Providers, (9) Motion to Adjudge Pocahontas Smith in Contempt of ¶¶4, 14, 23 of the Amended Judgment of Divorce of 22 April 2004 and to Sanction Her for Falsely Alleging that a Child Was Injured in Smith’s Care and Then Accusing Him of Not Reporting the False Injury to Her 

All were denied and will be appealed. The ones in red demonstrate very clearly the invidious gender discrimination in family court against men.  These will be helpful to get to the U.S. Supreme Court  -- if Barb can overcome obstacles like the 11th Amendment and Rooker-Feldman, etc.

John Smith and Pocahontas are back at it in family court for post-divorce matters. 

Pocahontas jumped the gun: she had a baby sired by a man other than her husband, married him, bought a new home, AND THEN THE DIVORCE BECAME FINAL.

So she ended up not only an adultress but also a bigamist.  The Massachusetts family court in Boston did not care.

153

Barb's Other Case Against the Bar and Bar Counsel Daniel Crane and his Assistant Prosecutor. Complaint against for Defamation and Interference with Prospective  Advantgeous Business Relationship

Barb against the Bar, Crane and Strauss Weisberg
See also Drano #156, #157,  #158, 172, 176, 180, 182, all dealing with this action.

154

Barb's Opposition to the Recommendation of the  Board of Bar Overseers ["BBO"]  for Disbarment

This document was filed on Tuesday, July 18th, 2006, in the Single-Justice Session of the Massachusetts Supreme Judicial Court.   A hearing that day was held before Justice Spina.

On August 9, 2006, Justice Spina ordered my disbarment,  I am to stop practicing in Massachusetts by September 8, 2006.  I received notice of it on Friday, August 11, 2006. 

The Bar against Barb

154a

Home Page Announcement from 8/13/06 to xx/yy/07 for Barb's Opposition to the Recommendation of the Board of Bar Overseers for Disbarment

Barb fights back in her words:
The Bar against Barb

155

Barb's Petition for Rehearing Pursuant to Mass. R.A.P. 27, after Judge Francis X. Spina, sitting as a single justice at the Massachusetts Supreme Judicial Court rubber-stamped the Recommendation of the  Board of Bar Overseers ["BBO"]  for Disbarment

The Bar against Barb

156

(1) Motion to Strike Appearance of the Attorney General for the Board of Bar Overseers and the Office of Bar Counsel, (2) Opposition of A-G, and (3) Barb's Reply to A-G's Opposition

Barb against the Bar and Bar Counsel Crane and  Asst. Bar Counsel Weisberg

157

(1) Barb's Motion to Strike Appearance of the Attorney General for Bar Counsel Daniel Crane and Assistant Bar Counsel Susan Strauss-Weisberg
(2) the A-G's Opposition (when it is scanned in)
(3) Rule 9A Notice of Filing
(4) Barb's Motion for Leave to File Reply to A-G's Opposition (included here only for use as boilerplate) and
(5) Barb's Reply to A-G's Opposition

Barb against the Bar and Bar Counsel  Crane and Asst. Bar Counsel Weisberg

158

(1) the Motion to Dismiss by Board of Bar Overseers, Office of Bar Counsel, Bar Counsel Daniel Crane, and Assistant Bar Counsel Susan Strauss-Weisberg, (2) Table of Contents (Including List of Exhibits)of Opposition to Motion to Dismiss by Board of Bar Overseers, Office of Bar Counsel, Daniel Crane, Susan Strauss-Weisberg, and the Commonwealth of Massachusetts and Their Request to Dispense with Hearing,   Barb's Opposition to Motion to Dismiss by Board of Bar Overseers, Office of Bar Counsel, Daniel Crane, Susan Strauss-Weisberg, and the Commonwealth of Massachusetts, (4)  Motion for Leave to File Surreply to A-G's Reply to Barb's  Opposition (included here only for use as boilerplate) and (5) Barb's Surreply to A-G's Reply to Barb's  Opposition (including some interesting exhibits:  (B) Chief Judge Young’Order of February 25, 2004, (C) Issue 3, excerpted from Johnson’s Appellate Brief, filed in the First Circuit Court of Appeals,  (D1) Opposition to Motion to Dismiss Federal Complaint, (D2) Supplemental Opposition to Motion to Dismiss Federal Complaint, (D3) Opposition to Defendants' Second Motion to Dismiss Federal Complaint, amd (E)  History of Absolute Immunity

 Barb v. the BBO, OBC< Danny Crane & Susan Strauss-Weisberg

159

The Bar War Continues -- THE  9TH ROUND:  Barb's Appeal of Justice Spina's Judgment of Disbarment to the Full Panel of the Massachusetts Supreme Judicial Court

The BBO v. Barb

159a

The Bar War Continues -- EVIDENCE OF IMPROPRIETY AND CONFLICT --  Some Surprises on the Docket Sheet of Barb's Appeal of Justice Spina's to the  Full Panel of the Massachusetts Supreme Judicial Court Judgment of Disbarment

The BBO v. Barb

160

The Bar War Continues -- THE  9TH ROUND :  Barb's Motion for Leave to File Brief in Excess of 50 Pages (filed in the Clerk's Office for the Full Panel of the Massachusetts Supreme Judicial Court)

The BBO v. Barb

161

The Bar War Continues -- THE  9TH ROUND :  Barb's Combined Motions:  (1) Motion to proceed only on those parts of the original record before the single justice which are Johnson’s pleadings and (2) motion to strike the documents which Johnson has not seen or of which Johnson has not been given copies or which have not been properly authenticated (filed in the Clerk's Office for the Full Panel of the Massachusetts Supreme Judicial Court)  

The BBO v. Barb

162

The Bar War Continues -- A DETOUR :  Barb's Motion to Recuse Justice Francis X. Spina from this Board Disciplinary Action (filed in the Clerk's Office for Suffolk County for the single-justice session of the Massachusetts Supreme Judicial Court)  

The BBO v. Barb

163

The Bar War Continues -- A DETOUR :  Barb’s Motion for Jury Trial on Petition for Contempt and a Declaration of Whether a Finding of Civil or Criminal Contempt Is Actually Being Sought by Bar Counsel (filed in the Clerk's Office for Suffolk County for the single-justice session of the Massachusetts Supreme Judicial Court) 

The BBO v. Barb

164

The Bar War Continues -- A DETOUR :  Barb’s Combined Opposition and Answer to Show Cause Why Contempt Should Not Issue (filed in the Clerk's Office for Suffolk County for the single-justice session of the Massachusetts Supreme Judicial Court) 

The BBO v. Barb

165

Barb’s  Motion for Declaration as to What Constitutes the Unauthorized Practice of Law (to be filed in the Clerk's Office for Suffolk County for the single-justice session of the Massachusetts Supreme Judicial Court) AND Judge Spina's Order

The BBO v. Barb

166

JJohnson's Claim s Predicated upon the Grounds Set Forth in Subsection (2)(D) of Local Rule 83.6 AND Request for Show Cause Hearing before Judge M. Wolf or a Panel of Three Persons [uploaded 11/3/2006]

The BBO v. Barb

167

Motion for Order Commanding the Board of Bar Overseers (1) to Correct Docket Sheets for BBO Board Discipline Case Against Barbara C. Johnson, (2) to Provide a Table of Contents Which Identifies Each and Every Document Included in the 12-Volume Set of the Appendix, (3) to Provide a Copy of the 12-Volume Set of the Appendix to Johnson
IF ANY LAWYER HAD TRIED TO FILE AN APPEAL AND AN APPENDIX WITHOUT A TABLE OF CONTENTS,WITHOUT SUPPLYING COPIES TO THE OPPOSING PARTY, AND WITHOUT A CERTIFICATE OF SERVICE, THE CLERK WOULD NOT HAVE ACCEPTED IT FOR FILING

Barb's Reply to Weisberg's Opposition to the Motion for Order Commanding the BBO to produce

The BBO v. Barb 
Egregious discrimination -- in this case a class-of-one theory

~~~~~~~~

BUT BELIEVE IT OR NOT  BBO/OBC Susan Strauss- Weisberg opposed having to supply a Table of Contents for the 12-volume set, etc.

168

Barb's Motion to Vacate Order Allowing Bar Counsel's Motion to Stay and Consolidate and to File Consolidated Brief on Appeal    

The BBO v. Barb
No due process,  no equal protection,  and egregious unlawful discrimination again on a class-of-one theory)

169

Johnson’s Opposition to Bar Counsel’s Motion to Impound and Disregard Portions of Johnson’s Appendix, to File a Limited Supplemental Appendix, and to Proceed on and Refer to the Original Record. If Bar Counsel’s Motion Impound Has Been Allowed, Then Johnson’s Motion Is One to Vacate the Impoundment.

The BBO v. Barb
The BBO and OBC want everything impounded.
Impoundment equals secrecy!   Barb does not like secrecy!
The OBC motion was allowed without giving Barb a chance to oppose

170

Barb's Motion for Declaration As to What Constitutes the Unauthorized Practice of Law ["UPL"] under G.L. c. 221, §41 and As to Other Related Matters. 
Barb challenges the constitutionality of the UPL statutes, c. 221, §§41, 46, 46A, and 46B.  She also wants to get it in writing what she is permitted to do and not permitted to do!

The BBO v. Barb

171

Barb's Brief appealing the Judgment of Contempt by Judge Francis X. Spina.
Spina lacked jurisdiction to hear Bar Counsel's contempt petition.

The BBO v. Barb

172

Barb's Brief appealing the Judgment of Dismissal by Judge Thomas Billings.  Billings wrote an interesting decision (included here, too).  Helpful to a great extent.  Clearly he knew he had to follow the party line and  make a political decision, which meant dismissal.  Barb thinks his heart was not in it.  The appeal is solely on IMMUNITY IMMUNITY IMMUNITY: How the Mass. Tort Claims Act is unconstitutional because there is no sovereign immunity in the Commonwealth, judicial immunity, prosecutorial immunuty under the common law, and unconstitutional immunity under the Board of Bar Rule 9(3), and even  a summary of everything you wanted to know about the Eleventh Amendment, which should not have any effect in a State court. 
Barb's case had four counts of defamation and one count of intentional interference with prospective advantageous business relationships.

Barb v. the BBO, OBC, Bar Counsel Danny Crane, and Asst. Bar Counsel Susan Strauss Weisberg, and the Commonwealth

173

Brief to show cause why no disbarment in First Circuit.  Then the First Circuit on December 5th entered an order of stay until Barb's appeal at the Mass. SJC is resolved. [Uploaded 1/03/2007]

The BBO v. Barb

174

Reply to Bar Counsel's Opposition to Barb's Motion for Declaration as to What Constitutes the Unauthorized Practice of Law [see Drano #170].   Weisberg said Barb should have filed a Complaint for a declaratoty judgment.  Barb, no, that was not necessary, but if the court deems it was, just treat the motion as a complaint.  She had a cite right on point!

The BBO v. Barb

175

When Nonlawyers Are Permitted to Represent Parties in Legal Cases and the Representation Does Not Constitute the Unauthorized Practice of Law  

For folks who cannot afford or who do not want a lawyer to represent them

176

Barb's Amended Motion, Pursuant to M.G.L. C. 231, §59F, for Acceleration of Filing, Proceeding, Hearing, and Decision, with affidavit 

Barb v.  Bar Counsel Danny Crane,  Asst. Bar Counsel Susan Strauss Weisberg, the BBO, the OBC,  and the Comm. of Massachusetts

177

A Multi-faceted Motion:   Motion (1) to Vacate Order Allowing Appellee a Third Extension to over Four Months to File Brief, (2) to Reverse Forthwith the Denial of Johnson’s Motion for a Stay of Disbarment, (3)  to Hold OBC and BBO in Default, (4)  to Dismiss the Petition for Discipline Against Johnson, and (5)  to Vacate Judgments of Disbarment and Contempt on Grounds of Being Both Devoid of Evidence and Replete with Egregious Irregularities in Process.

The Bar War

178

Motion to Dismiss the Disbarment on Grounds of Violation of  M.G.L. C. 231, §59F,  and for Acceleration of Filing, Proceeding,Hearing, and Decision, with affidavit  

The Bar War

179

Reply Brief -- Combined --to the Appellees' combined brief against Barb's Appeal of the Judgment of Disbarment and the Appeal of the Judgment of Contempt

  • BBO and Bar Counsel's misrepresentations, omissions, and errors of fact and law
  • structural bias and absence of due process and equal protection
  • violation of equal protection on a class-of-one theory
  • BBO quashed her trial witness subpoenas duces tecum
  • distinction between exclusive and non-exclusive (illustrative) lists is deceptive: re M.G.L. c. 233, §8
  • judge issues order without either personal jurisdiction or subject-matter jurisdiction
  • improper use of issue preclusion or offensive collateral estoppel
  • clear error of law committed in disbarring and adjudicating Johnson in contempt

The Bar War

180

Barb v. The Bar et al: Reply Brief to the BBO, OBC, Crane, and Weisberg's Appellee Brief Against Barb's Appeal of the Judgment of Dismissal in Superior Court .  The issues of interest are:   

  • To what extent are the Siamese twins politically dependent or independent? 
  • It is undisputed and admitted by the Massachusetts Supreme Judicial Court  that it controls and supervises the BBO and OBC, but how pervasive is that control and supervision?
  • How much further than making political appointments to the BBO and OBC does the control and supervision go  
  • Does the Mass. SJC dictate which cases are investigated and which are prosecuted?  
  • Does the Mass. SJC dictate what sanctions should be applied in certain or all the cases?
  • Does the Mass. SJC dictate in which cases an information should be filed at the single-justice session of the SJC?

Barb v.  Bar Counsel Danny Crane,  Asst. Bar Counsel Susan Strauss Weisberg, the BBO, the OBC,  and the Comm. of Massachusetts

181

The Bar War: 5 Motions and Oppositions in Barb's Two Appellate Cases:  One, the Appeal of the Judgment of Disbarment  and the Other, the Appeal of the Judgment of Contempt  The SJC never decided these motions.  Guess you can conclude they were thus denied.

The Bar War

182

Barb v. The Bar et al:  Barb's Rule 27.1 Application for Further Appellate Review by the Mass. SJC and the Appeals Court order causing Barb to seek further appellate review .   The issues -- abridged below -- are:

(1)  Assuming arguendo that the Bar Counsel and the Assistant Bar Counsel are public employees, Article V of the Declaration of Rights, the Constitution of Massachusetts, commands that they be accountable at all times to all of the people, of which Johnson is one.

 (2)
The Mass. Tort Claims Act ["(MTCA"] is unconstitutional.  There was no rational bases for the Legislature to adopt the judicially created doctrine of sovereign immunity.  The people have a right to sue, given by Articles XI and XV of the Massachusetts Declaration of Right, and the First and Fourteenth Amendments of the United State Constitution. Therefore, the dismissal of Johnson’s claims against the BBO, the OBC, and the Commonwealth on grounds of sovereign immunity was error.

(3
Where there is no enabling statute for the BBO and OBC, their employees are not immunized by the MTCA for intentional torts.

(4)
The very existence of § 9(3) circumstantially sufficiently demonstrates that the Bar Counsel and the Assistant Bar Counsel are private employees and are vulnerable to suit by the people, of which Johnson is one.

(5)
Where sec. 1 of the MTCA does not include the BBO and the OBC or Bar Counsel or Assistant Bar Counsel, the dismissal of Johnson’s claims against the defendants on grounds of sovereign immunity was error.

Barb v.  Bar Counsel  Crane,  Asst. Bar Counsel  Weisberg, the BBO,  the OBC,  and the Comm. of Massachusetts

183

The Bar War:  Barb's Petition for Writ of Certiorari filed in the United States Supreme Court.  Issues are unique and are of national importance.  A must read for every lawyer.  Caption: In the Matter of Disbarment of Barbara C. JohnsonNo. 07-9625, docketed: March 3, 2008.  The Court gave it a different title: Barbara C. Johnson, Petitioner v. Supreme Judicial Court of Massachusetts.  SCOTUS grants cert to only 1 percent of the cert petitions filed.  Keep expectations low.  If cert is granted, the legal business will change for both lawyers and the public who truly needs them.  It will wipe away the fear that keeps lawyers from zealously representing you!
The original file of that which appears in Drano Series #183 may now be seen in .PDF at JD Supra: JD Supra: Legal Documents - Petition for Writ of Certiorari ...

The SCOTUS judges will decide whether to grant or deny my petition on April 18th, 2008, Friday.

The Bar War

184

The Bar War:  Appendices A through G to Barb's Petition for Writ of Certiorari.  Read the Massachusetts High Court's opinion and the Single Justice's Judgments of Disbarment and of Contempt.  AND THEN see Barb's comments INTERLEAVED into the High Court opinion.   Her comments call attention to how the Massachusetts High Court distorts the facts and invents others.  The original file of that which appears in Drano Series #184 may now be seen in .PDF at JD Supra: 

The Bar War

185

Credit Card Case: A Few Sample Documents: Motion to Dismiss, Answers to Interrogatories, Answers to Requests for Production of Documents, Motion for Partial Summary Judgment.   

Credit Card Collection

186

Barb v. The Bar et al: Barb's Petition for Writ of Certiorari  for Review of Dismissal on Immunity Grounds .  On Saturday, 24 May 2008, Barb mailed this petition to the United States Supreme Court.  She has not had time to html the file, so here it is in pdf.  Just  click on the links  and see the original.

Barb v.  Bar Counsel Danny Crane,  Asst. Bar Counsel Susan Strauss Weisberg, the BBO, the OBC,  and the Comm. of Massachusetts

187

Federal Court: Johnson's Objections to the Imposition of Discipline Identical to  That Imposed by Massachusetts with list of attachments).  Massachusetts wants the feds to impose the same discipline.  This is Johnson's response.  Interesting.  [uploaded 6/10/2008]  AND the Bar Counsel's response to Barb's Objections [uploaded 8/15/2008]

The BBO v. Barb

188

Barb's Opposition to Bar Counsel’s Motion to Impound and Strike or Disregard Respondent’s Filings (accompanied by supporting affidavit   Great new arguments for deception, trickery, secrecy.  This is the discipline case, but cases and theory good for use in any court.  Amercement the all-purpose royal penalty.   Analogize to your cases.  The BBO's brief is due Aug./ 15th.  There will be a hearing on Sept. 22d in Courtroom 22 in U.S. District Court in Boston.  Judge Tauro will preside.

The MASS. SJC seeks identical discipline in federal court.

189

Declaration of VAWA Reform Coalition

VAWA Reform Coalition

190

Judge Tauro's Order and Barb's Preliminary Documents (1) Notice of Appeal of the Imposition of Discipline Identical to that Imposed by Massachusetts.  (2) Motion for Leave to Appeal in Forma Pauperis,(3) Affidavit to Accompany Motion for Leave to Proceed in Forma Pauperis, (4) Motion for Court to Amend and Revise Its Order of 29 September 2008. On Monday, 6 October 2008, Barb electronically filed this pleading in the United States District Court in Boston

 

.

DRANO VIEWPOINTS

1

Boys will be boys; women should let them  KATHLEEN PARKER 

 A MUST READ

2

Dads on the Run by Candis Mclean, Western Standard – September 5, 2005
http://www.westernstandard.ca/website/index.cfm?page=article&article_id=977
Ex-wife take the kids, the house and all your money? 
Meet the secret group spiriting desperate dads out of Canada to start a new life overseas.

 

3

Fathers under Fire by Candis Mclean, Western Standard – June 13, 2005
http://www.westernstandard.ca/website/index.cfm?page=article&article_id=967
Dads who own guns are increasingly being labelled “dangerous” by therapists, cops and ex-wives who want to keep them from their kids.
The Western Standard can use more subscriptions.  Support this courageous publication and subscribe.

 

4

Domestic violence law abuses rights of men by Phyllis Schlafly-- May 12, 2006
http://www.signonsandiego.com/uniontrib/20060512/news_lz1e12schlafl.html
 

A MUST READ

5

 

 


 

DRANO SERIES TABLE
*To get a Drano file, click on the number at the left. 
For those with 640-pixel monitors, go to the end of the list and click on the number there.

Click away for Drano Series for 640-pixel monitors

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#20 (640-pixel monitor)
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Drnno Viewpoint #1: Boys will be boys, by Kathleen Parker
Drnno Viewpoint #4: Domestic violence law abuses rights of men by Phyllis Schaffly
Drawings
Dr. Moira Woods Found Guilty in Ireland of Professional Misconduct
Dr. Peggie Ward.   See Family Wars: The Alienation of Children
DSM-IV Definition of Depression
DSM-IV Definition of Post-Traumatic Stress Disorder

Due Process: Constitutional Rights and the Stigma of Sexual Abuse Allegations 
     in Child Custody Proceedings (NEWLY uploaded  older file)

Election of Judges in Massachusetts: A Proposal
Eli Newberger  Will the real Eli Newberger please stand up!
Eli Newberger's report precluded
Emancipation
Equitable Bill of Discovery:   A bill of discovery is appropriate when a plaintiff (1) has "properly described an ongoing or contemplated cause of action for which information is needed" and (2) has "alleged sufficient facts to demonstrate the inadequacy of ... interrogatories" and (3) needs the bill of discovery as an aid to his or her position in a suit the plaintiff wants to bring. 
Establishing Trust 
Updated June 18th, 2008
Evaluation of child: Problems in Evaluating Suspected Abuse
Evidence, Statutory Definition precludes Eli newberger's report
EXCULPATORY evidence    What you must know!
Expert Fees, Motion for
Experts

Experts: Five "Silver Bullet" Questions to Ask Opposing Experts
Expert: test .  .  .  See Kumho Tire below.
Family Wars: The Alienation of Children, by Peggie Ward, Ph.D., and
       J. Campbell Harvey, Esq.
Fatherhood Coalition: Massachusetts proactive group (external link)
Fathers and Restraining Orders: 
"Do Restraining Orders Cause Domestic Violence?"
        
By Mark Charalambous"
Formerly Featured Home Page Stories   Lest they be forgotten!
Fedynich Children Are Still Missing

Fees
Fells Acre Day School (Massachusetts)
The First Steps in Your Defense  A Must See AND Do *****
Forensic Evaluation of Children and Adolescents Who May Have Been 
        Physically or Sexually Abused (See Guidelines below)
Forensic psychologist.  See Psychologists
Forever Fascinating Books to Relax with During Time of Stress
       in association with 
forms etc etc etc for massachusetts??
Forms from Franklin County's Register of Probate &Family Court!!!
       Finally the ones you need!   Thank you Register John A. Barrett!
Forms for filing judicial complaints at Commission on Judicial Conduct
FORMS :  Motions and Orders for Letters Rogatory and Commissions  
When you want to take a deposition of someone in another state 
Free Medical Expert for the Innocent   (NEWLY UPDATED; NEW CONTACT INFO AND CURRICULUM VITAE)
Fresh complaint
Fresh complaint witness
Fresh complaint testimony
Grand Jury Attendance
Grandparents' Complaint for Visitation 
Grandparents' Groups at egroups.com for Commiseration, Instruction 
       & Action 
Guardian ad litem guardian
Guardians ad Litem: ABA Standards and Standards in Florida, Missouri, New
      
Hampshire, Ohio, and Utah and Post-Audit Report
Guardians ad Litem: Massachusetts Senate Post-Audit Report Read the truth about the guardian ad litem system in the Commonwealth. 
Guidelines by American Academy of Child and Adolescent Psychiatry for interviewing children for suspected abuse 
Guidelines: Forensic Evaluation of Children and Adolescents
        Who May Have Been Physically or Sexually Abused

Guidelines: How to Conduct a Psychiatric Assessment of Infants and
       Toddlers  (0-36 Months)

Habeas Corpus: Petition for Writ of Habeas Corpus
       and related motions, supporting affidavit, and proposed order
       Click here for small (640 pixels) monitor
Hague Convention of Private International Law
    When One Parent Is in One Country and the Other and the Child(ren)
         Are in Another: WHAT TO DO AND WHERE (47 member states)
Harm: Should it be an element of a sexual offense?
       Controversial paper by Rind, Bauserman, and Tromovitch
Have You Seen Paul Fedynich's Children? Last seen in Montreal.
Heacock v. Heacock, explaining res judicata, claim preclusion (merger and bar),
           issue preclusion (collateral estoppel)
heartros.jpgHeart Balm: Alienation of Affection
Hell hath no fury like a woman scorned  Excerpts from http://www.dvmen.org
including statistics from the Reverend Dennis Austin, who recently passed, to our sorrow.
Help Barb Advertise This Site
History of HELP-Texas by Harry Bowles: Real Patriots v. Mouth Warriors
How to Conduct a Psychiatric Assessment of Infants and Toddlers
        (0-36 Months)  See  Practice Parameters below  or Guidelines
Immunity [updated, March 2008]
Infants, Standards for Evaluation of Abuse in
Injunction
In  Memoria
Innocence Project: Peter Lonergan NEW 12/22/2007 In the next few months, I shall scan and upload to the website letters that I have received from men in prisons across the country. I do not know whether these men are innocent or guilty, but perhaps some lawyers will come forward to determine whether the allegations against were true or false.. A graduate student at University of West Virginia is looking into three of the cases in Pennsylvania.
Innocence Insisted
  NEW Fourth of July 2008 '

    by

1.  Allen Huerefeld (Cedar Rapids, IA) (July 3, 2007)  CLICK
2.  Edward J. Murray (Lovelady, TX) (June 4, 2000) CLICK
3.  Eugene C. Sellers (Somerset, PA) (March 3, 2006) CLICK
4.  Frank Edward Johnson (Rush City, MN) (May 30-June 30, 2007)  CLICK
5.  Glenn A. Holder, Sr. (Houtzdale, PA) (April 30, 2007)  CLICK
6.  Jackie Ketter (Abilene TX) (July 9, 2007) CLICK
7.  John J. Gephart, Sr. (Houtzdale,PA) (31 May 2003) CLICK
8.  John Robert Demos (Walla Walla, WA) (Deember 16, 2006) CLICK
9.  Mark Merech (Gowanda, NY)
(August 27, 2007CLICK
10, Nedro G. Parker (Iowa Park, TX) (June 5, 2000) CLICK
11. P. Alvin Jones (Walla Walla, WA) (September 25, 2007)