Showing posts with label True Story. Show all posts
Showing posts with label True Story. Show all posts
Sunday, April 11, 2010
Tuesday, March 16, 2010
EQUITABLE TOLLING
“Equitable tolling may be appropriate where the defendant has
actively misled the plaintiff regarding her cause of action, where the
plaintiff has in some extraordinary way been prevented from asserting
her rights or where she has mistakenly asserted her rights in the wrong
forum.” Buckalew v. Ebi Companies, 2002 WL 1335110, at *4 (E.D. Pa, June
5 Plaintiff’s arrest occurred in March 1977. The documented activities
of the 5 Squad occurred three years later, during the period 1980
through 1984. See Sentencing Memorandum.
Philadelphia police engaged a long-standing pattern of appalling public corruption. The fact of this harm is readily ascertainable.
5 Squad: Philadelphia police engaged a long-standing pattern of appalling public corruption. The fact of this harm is readily ascertainable.
Labels: 5 Squad, hi daddy, Kryptonite, Political Corruption, TwitterVerses
IN THE UNITED STATES
DISTRICT COURT
FOR THE EASTERN DISTRICT
OF PENNSYLVANIA
1 In deciding a motion for judgment on the pleadings under Rule 12(c), a court must “‘view the facts presented in the pleadings and the inferences to be drawn wherefrom in the light most favorable to the . . . non-moving party’” Green v. Fund Asset
Management, L.P., 245 F.3d 214, 220 (3d Cir. 2001), quoting Institute for Scientific Info, Inc. v. Gordon &; Breach, Science Publishers, Inc., 931 F.2d 1002, 1004 (3d Cir.1991).
Judgment is appropriate “only if the plaintiffs would not be entitled to relief under any set of facts that could be proved.” Id., citing Consolidated Rail Corp. v. Protlight, Inc., 188 F.3d 93, 95-96 (3d Cir. 1999).
BLANE NEELY a/k/a WALTER MITCHELL : CIVIL ACTION v SIX CONTINENT’S HOTELS, et. al. : No. 02-3890
ORDER-MEMORANDUM
AND NOW, this 15th day of October, 2003, the “Motion for Judgment on the Pleadings of Defendants, Six Continents Hotels, Inc., Holiday Inns, Inc. and John Sweetwood” is granted, Fed. R. Civ. P. 12(c).1
This civil rights action arises from the March 1977 arrest and subsequent conviction and incarceration of plaintiff Blane Neely a/k/a Walter Mitchell. On March 17, 1977, plaintiff was a guest at the Holiday Inn in Philadelphia, where defendant Elliott Jurist was the night manager. Second Amended Complaint,
10, 11. At approximately 11 p.m., Jurist is alleged to have given defendant David Grove, a Philadelphia police officer, access to plaintiff’s telephone records and to have permitted him to listen in on plaintiff’s telephone conversations. Second Amended Complaint,
12. It is further alleged that later that night, Jurist and Grove entered plaintiff’s room and assaulted and robbed plaintiff. Second Amended Complaint,
13, 14. As a cover-up, plaintiff was then arrested, and subsequently convicted and incarcerated based on the testimony of Jurist and Grove.
2 Plaintiff pro se filed the original complaint and, on July 15, 2002, an amended complaint. On January 13, 2003, Cozen & O’Connor was appointed as counsel for plaintiff and immediately moved to amend the complaint. The motion was granted and on February 10, 2003, a Second Amended Complaint was filed.
3 “A claim may be dismissed as time-barred where it is clear from the complaint that the applicable statute of limitations has lapsed.” Buckalew v. Ebi Companies, 2002
WL 1335110, *1 (E.D. Pa., June 5, 2002) (citations omitted).
4 Molina v. City of Lancaster, 159 F. Supp.2d 813 (E.D. Pa. 2001). See also Bailey v. Tucker, 533 Pa. 237, 261, 621 A.2d 109, (1993)
(“it would seem that being subjected to a term of imprisonment is a harm or injury to the person. Nor can there be any doubt the fact of this harm is readily ascertainable upon its occurrence.”)
2
On June 25, 2002, plaintiff filed this civil rights action.2 On February 18, 2003, movants filed an answer to the second amended complaint, asserting a statute of limitations defense, and now move for judgment on the pleadings.
3
The parties agree that Pennsylvania’s two-year statute of limitations applies to federal claims arising under 42 U.S.C. §§ 1981, 1985(3) and 1986. In general, civil rights claims for false arrest and false imprisonment accrue at the time of the arrest and are timebarred if not commenced within two years of the arrest.4 Plaintiff was arrested in March 1977, and any civil rights claim based on the arrest was time-barred two years later. This case was not filed until 2002, 25 years after the arrest and well past the expiration of the applicable statute of limitations. Plaintiff contends, however, that the statute of limitations this case is tolled by the federal equitable tolling doctrine.
“Equitable tolling may be appropriate where the defendant has actively misled the plaintiff regarding her cause of action, where the plaintiff has in some extraordinary way been prevented from asserting her rights or where she has mistakenly asserted her rights in the wrong forum.” Buckalew v. Ebi Companies, 2002 WL 1335110, at *4 (E.D. Pa, June 5 Plaintiff’s arrest occurred in March 1977. The documented activities of the 5 Squad occurred three years later, during the period 1980 through 1984. See Sentencing Memorandum.
3
5, 2002), citing Lake v. Arnold, 232 F.3d 360, 370 n.9 (3d Cir. 2000); Oshiver v. Levin, Fishbein, Sedran & Berman, 38 F.3d 1380, 1387 (3d Cir. 1994). It is plaintiff’s burden to demonstrate the applicability of equitable tolling, and part of the burden is proving the exercise of reasonable diligence in pursuing the claim. Buckalew, supra, at *4 (citations omitted).
Here, a period of 25 years elapsed between plaintiff’s arrest and his assertion of a federal civil rights violation. Plaintiff argues that he was prevented from asserting his rights “in an extraordinary way” because defendant Grove was a member of the 5 Squad, a group of Philadelphia police officers engaged in “a long-standing pattern of the most appalling public corruption.” United States v. Wilson, No. 88-282, Government Sentencing
Memorandum, at p.2. However, plaintiff does not make out how the 5 Squad prevented him from proceeding with his claim. Also, there is no allegation that the 5 Squad was involved in plaintiff’s arrest.5 In addition to the 25-year delay between arrest and the filing of this claim, there was a 12-year delay after the sentencing of the 5 Squad in 1990.
Whatever influence or effect the 5 Squad may have had was dissipated upon the conviction and sentencing of its members.
“To invoke equitable tolling, [plaintiff] must show that [he] exercised reasonable diligence in investigating and bringing [his] claims.”
New Castle County v. Hallibur NUS Corp., 111 F.3d 1116, 1126 (3d Cir. 1997) (18-month delay in bringing CERCLA claim not excused by equitable tolling; complicated clean-up implementation procedures did not constitute extraordinary circumstances).
"One who fails to act diligently cannot invoke equitable principles to excuse that lack of diligence." Baldwin County Welcome Center v. Brown, 104 S. Ct. 1723, 1726 (1984)
(equitable tolling not invoked where pro se plaintiff ignored specific instructions regarding filing deadlines and filed employment discrimination action after 90-day period permitted by law).
Plaintiff does not attempt to explain the extraordinary delay in filing his claim. In that he has not satisfied his burden of proving diligence in the pursuit of his claim, equitable tolling cannot be sustained.
Plaintiff’s claims are time-barred.
BY THE COURT:
_______________________
Edmund V. Ludwig, J.
Labels: 5 Squad, hi daddy, Kryptonite, Political Corruption, TwitterVerses
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Posted by Elyssa D'Educrat
Labels: #Armstrong, #CFTC, #Drexel, #Madoff, #Mumia #fuckyourightback, #SEC, fraud, political corruption, whitecollar at Sunday, March 07, 2010
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Elyssa Durant
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5 Squad: Philadelphia police engaged a long-standi...
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Philadelphia police engaged a long-standing pattern of appalling public corruption. The fact of this harm is readily ascertainable.
5 Squad: Philadelphia police engaged a long-standing pattern of appalling public corruption. The fact of this harm is readily ascertainable.
1 In deciding a motion for judgment on the pleadings under Rule 12(c), a court must “‘view the facts presented in the pleadings and the inferences to be drawn wherefrom in the light most favorable to the . . . non-moving party’” Green v. Fund Asset
Management, L.P., 245 F.3d 214, 220 (3d Cir. 2001), quoting Institute for Scientific Info, Inc. v. Gordon &; Breach, Science Publishers, Inc., 931 F.2d 1002, 1004 (3d Cir.1991).
Judgment is appropriate “only if the plaintiffs would not be entitled to relief under any set of facts that could be proved.” Id., citing Consolidated Rail Corp. v. Protlight, Inc., 188 F.3d 93, 95-96 (3d Cir. 1999).
BLANE NEELY a/k/a WALTER MITCHELL : CIVIL ACTION v SIX CONTINENT’S HOTELS, et. al. : No. 02-3890
ORDER-MEMORANDUM
AND NOW, this 15th day of October, 2003, the “Motion for Judgment on the Pleadings of Defendants, Six Continents Hotels, Inc., Holiday Inns, Inc. and John Sweetwood” is granted, Fed. R. Civ. P. 12(c).1
This civil rights action arises from the March 1977 arrest and subsequent conviction and incarceration of plaintiff Blane Neely a/k/a Walter Mitchell. On March 17, 1977, plaintiff was a guest at the Holiday Inn in Philadelphia, where defendant Elliott Jurist was the night manager. Second Amended Complaint,
10, 11. At approximately 11 p.m., Jurist is alleged to have given defendant David Grove, a Philadelphia police officer, access to plaintiff’s telephone records and to have permitted him to listen in on plaintiff’s telephone conversations. Second Amended Complaint,
12. It is further alleged that later that night, Jurist and Grove entered plaintiff’s room and assaulted and robbed plaintiff. Second Amended Complaint,
13, 14. As a cover-up, plaintiff was then arrested, and subsequently convicted and incarcerated based on the testimony of Jurist and Grove.
2 Plaintiff pro se filed the original complaint and, on July 15, 2002, an amended complaint. On January 13, 2003, Cozen & O’Connor was appointed as counsel for plaintiff and immediately moved to amend the complaint. The motion was granted and on February 10, 2003, a Second Amended Complaint was filed.
3 “A claim may be dismissed as time-barred where it is clear from the complaint that the applicable statute of limitations has lapsed.” Buckalew v. Ebi Companies, 2002
WL 1335110, *1 (E.D. Pa., June 5, 2002) (citations omitted).
4 Molina v. City of Lancaster, 159 F. Supp.2d 813 (E.D. Pa. 2001). See also Bailey v. Tucker, 533 Pa. 237, 261, 621 A.2d 109, (1993)
(“it would seem that being subjected to a term of imprisonment is a harm or injury to the person. Nor can there be any doubt the fact of this harm is readily ascertainable upon its occurrence.”)
2
On June 25, 2002, plaintiff filed this civil rights action.2 On February 18, 2003, movants filed an answer to the second amended complaint, asserting a statute of limitations defense, and now move for judgment on the pleadings.
3
The parties agree that Pennsylvania’s two-year statute of limitations applies to federal claims arising under 42 U.S.C. §§ 1981, 1985(3) and 1986. In general, civil rights claims for false arrest and false imprisonment accrue at the time of the arrest and are timebarred if not commenced within two years of the arrest.4 Plaintiff was arrested in March 1977, and any civil rights claim based on the arrest was time-barred two years later. This case was not filed until 2002, 25 years after the arrest and well past the expiration of the applicable statute of limitations. Plaintiff contends, however, that the statute of limitations this case is tolled by the federal equitable tolling doctrine.
“Equitable tolling may be appropriate where the defendant has actively misled the plaintiff regarding her cause of action, where the plaintiff has in some extraordinary way been prevented from asserting her rights or where she has mistakenly asserted her rights in the wrong forum.” Buckalew v. Ebi Companies, 2002 WL 1335110, at *4 (E.D. Pa, June 5 Plaintiff’s arrest occurred in March 1977. The documented activities of the 5 Squad occurred three years later, during the period 1980 through 1984. See Sentencing Memorandum.
3
5, 2002), citing Lake v. Arnold, 232 F.3d 360, 370 n.9 (3d Cir. 2000); Oshiver v. Levin, Fishbein, Sedran & Berman, 38 F.3d 1380, 1387 (3d Cir. 1994). It is plaintiff’s burden to demonstrate the applicability of equitable tolling, and part of the burden is proving the exercise of reasonable diligence in pursuing the claim. Buckalew, supra, at *4 (citations omitted).
“Here, a period of 25 years elapsed between plaintiff’s arrest and his assertion of a federal civil rights violation. Plaintiff argues that he was prevented from asserting his rights “in an extraordinary way” because defendant Grove was a member of the 5 Squad, a group of Philadelphia police officers engaged in “a long-standing pattern of the most appalling public corruption.” United States v. Wilson, No. 88-282, Government Sentencing”
Memorandum, at p.2. However, plaintiff does not make out how the 5 Squad prevented him from proceeding with his claim. Also, there is no allegation that the 5 Squad was involved in plaintiff’s arrest.5 In addition to the 25-year delay between arrest and the filing of this claim, there was a 12-year delay after the sentencing of the 5 Squad in 1990.
Whatever influence or effect the 5 Squad may have had was dissipated upon the conviction and sentencing of its members.
“To invoke equitable tolling, [plaintiff] must show that [he] exercised reasonable diligence in investigating and bringing [his] claims.”
New Castle County v. Hallibur NUS Corp., 111 F.3d 1116, 1126 (3d Cir. 1997) (18-month delay in bringing CERCLA claim not excused by equitable tolling; complicated clean-up implementation procedures did not constitute extraordinary circumstances).
"One who fails to act diligently cannot invoke equitable principles to excuse that lack of diligence." Baldwin County Welcome Center v. Brown, 104 S. Ct. 1723, 1726 (1984)
(equitable tolling not invoked where pro se plaintiff ignored specific instructions regarding filing deadlines and filed employment discrimination action after 90-day period permitted by law).
Plaintiff does not attempt to explain the extraordinary delay in filing his claim. In that he has not satisfied his burden of proving diligence in the pursuit of his claim, equitable tolling cannot be sustained.
Plaintiff’s claims are time-barred.
BY THE COURT:
_______________________
Edmund V. Ludwig, J.
Labels: 5 Squad, hi daddy, Kryptonite, Political Corruption, TwitterVerses
IN THE UNITED STATES
DISTRICT COURT
FOR THE EASTERN DISTRICT
OF PENNSYLVANIA
1 In deciding a motion for judgment on the pleadings under Rule 12(c), a court must “‘view the facts presented in the pleadings and the inferences to be drawn wherefrom in the light most favorable to the . . . non-moving party’” Green v. Fund Asset
Management, L.P., 245 F.3d 214, 220 (3d Cir. 2001), quoting Institute for Scientific Info, Inc. v. Gordon &; Breach, Science Publishers, Inc., 931 F.2d 1002, 1004 (3d Cir.1991).
Judgment is appropriate “only if the plaintiffs would not be entitled to relief under any set of facts that could be proved.” Id., citing Consolidated Rail Corp. v. Protlight, Inc., 188 F.3d 93, 95-96 (3d Cir. 1999).
BLANE NEELY a/k/a WALTER MITCHELL : CIVIL ACTION v SIX CONTINENT’S HOTELS, et. al. : No. 02-3890
ORDER-MEMORANDUM
AND NOW, this 15th day of October, 2003, the “Motion for Judgment on the Pleadings of Defendants, Six Continents Hotels, Inc., Holiday Inns, Inc. and John Sweetwood” is granted, Fed. R. Civ. P. 12(c).1
This civil rights action arises from the March 1977 arrest and subsequent conviction and incarceration of plaintiff Blane Neely a/k/a Walter Mitchell. On March 17, 1977, plaintiff was a guest at the Holiday Inn in Philadelphia, where defendant Elliott Jurist was the night manager. Second Amended Complaint,
10, 11. At approximately 11 p.m., Jurist is alleged to have given defendant David Grove, a Philadelphia police officer, access to plaintiff’s telephone records and to have permitted him to listen in on plaintiff’s telephone conversations. Second Amended Complaint,
12. It is further alleged that later that night, Jurist and Grove entered plaintiff’s room and assaulted and robbed plaintiff. Second Amended Complaint,
13, 14. As a cover-up, plaintiff was then arrested, and subsequently convicted and incarcerated based on the testimony of Jurist and Grove.
2 Plaintiff pro se filed the original complaint and, on July 15, 2002, an amended complaint. On January 13, 2003, Cozen & O’Connor was appointed as counsel for plaintiff and immediately moved to amend the complaint. The motion was granted and on February 10, 2003, a Second Amended Complaint was filed.
3 “A claim may be dismissed as time-barred where it is clear from the complaint that the applicable statute of limitations has lapsed.” Buckalew v. Ebi Companies, 2002
WL 1335110, *1 (E.D. Pa., June 5, 2002) (citations omitted).
4 Molina v. City of Lancaster, 159 F. Supp.2d 813 (E.D. Pa. 2001). See also Bailey v. Tucker, 533 Pa. 237, 261, 621 A.2d 109, (1993)
(“it would seem that being subjected to a term of imprisonment is a harm or injury to the person. Nor can there be any doubt the fact of this harm is readily ascertainable upon its occurrence.”)
2
On June 25, 2002, plaintiff filed this civil rights action.2 On February 18, 2003, movants filed an answer to the second amended complaint, asserting a statute of limitations defense, and now move for judgment on the pleadings.
3
The parties agree that Pennsylvania’s two-year statute of limitations applies to federal claims arising under 42 U.S.C. §§ 1981, 1985(3) and 1986. In general, civil rights claims for false arrest and false imprisonment accrue at the time of the arrest and are timebarred if not commenced within two years of the arrest.4 Plaintiff was arrested in March 1977, and any civil rights claim based on the arrest was time-barred two years later. This case was not filed until 2002, 25 years after the arrest and well past the expiration of the applicable statute of limitations. Plaintiff contends, however, that the statute of limitations this case is tolled by the federal equitable tolling doctrine.
“Equitable tolling may be appropriate where the defendant has actively misled the plaintiff regarding her cause of action, where the plaintiff has in some extraordinary way been prevented from asserting her rights or where she has mistakenly asserted her rights in the wrong forum.” Buckalew v. Ebi Companies, 2002 WL 1335110, at *4 (E.D. Pa, June 5 Plaintiff’s arrest occurred in March 1977. The documented activities of the 5 Squad occurred three years later, during the period 1980 through 1984. See Sentencing Memorandum.
3
5, 2002), citing Lake v. Arnold, 232 F.3d 360, 370 n.9 (3d Cir. 2000); Oshiver v. Levin, Fishbein, Sedran & Berman, 38 F.3d 1380, 1387 (3d Cir. 1994). It is plaintiff’s burden to demonstrate the applicability of equitable tolling, and part of the burden is proving the exercise of reasonable diligence in pursuing the claim. Buckalew, supra, at *4 (citations omitted).
Here, a period of 25 years elapsed between plaintiff’s arrest and his assertion of a federal civil rights violation. Plaintiff argues that he was prevented from asserting his rights “in an extraordinary way” because defendant Grove was a member of the 5 Squad, a group of Philadelphia police officers engaged in “a long-standing pattern of the most appalling public corruption.” United States v. Wilson, No. 88-282, Government Sentencing
Memorandum, at p.2. However, plaintiff does not make out how the 5 Squad prevented him from proceeding with his claim. Also, there is no allegation that the 5 Squad was involved in plaintiff’s arrest.5 In addition to the 25-year delay between arrest and the filing of this claim, there was a 12-year delay after the sentencing of the 5 Squad in 1990.
Whatever influence or effect the 5 Squad may have had was dissipated upon the conviction and sentencing of its members.
“To invoke equitable tolling, [plaintiff] must show that [he] exercised reasonable diligence in investigating and bringing [his] claims.”
New Castle County v. Hallibur NUS Corp., 111 F.3d 1116, 1126 (3d Cir. 1997) (18-month delay in bringing CERCLA claim not excused by equitable tolling; complicated clean-up implementation procedures did not constitute extraordinary circumstances).
"One who fails to act diligently cannot invoke equitable principles to excuse that lack of diligence." Baldwin County Welcome Center v. Brown, 104 S. Ct. 1723, 1726 (1984)
(equitable tolling not invoked where pro se plaintiff ignored specific instructions regarding filing deadlines and filed employment discrimination action after 90-day period permitted by law).
Plaintiff does not attempt to explain the extraordinary delay in filing his claim. In that he has not satisfied his burden of proving diligence in the pursuit of his claim, equitable tolling cannot be sustained.
Plaintiff’s claims are time-barred.
BY THE COURT:
_______________________
Edmund V. Ludwig, J.
Labels: 5 Squad, hi daddy, Kryptonite, Political Corruption, TwitterVerses
via feedproxy.google.com
yeah... i think you wannna see this...
Posted via web from ElyssaD's Posterous
Posted by Elyssa D'Educrat
Labels: #Armstrong, #CFTC, #Drexel, #Madoff, #Mumia #fuckyourightback, #SEC, fraud, political corruption, whitecollar at Sunday, March 07, 2010
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The Difference Between Internet Explorer, Firefox,...
from Web Browsers News and Reviews
Unemployment tops 20% in eight California counties
from latimes.com
Taking On China
from NYT > China
brownpau: everytime you make a powerpoint edward tufte...
from I Love Charts
Reform Requires Regulation
from Elyssa Durant
The Cost & Prevaleance of Chronic Conditions in the...
from Elyssa Durant
Chief justice unsettled by Obama's criticism of Supreme...
from latimes.com
EFF knocks iPhone developer license agreement
from CNET NewsView all »
@ElyssaD
ELYSSA DURANT
Elyssa Durant
A little bit of everything... mostly free range ranting. If first thought is best thought, let this be my playground. I hope to focus on content rather than perfection.
View my complete profile
Sanity for Superheroes
powered by
Blog Archive
▼ 2010 (60)
▼ March (60)
CASSINGLE? 45? ALL I KNOW IS IT ONE WIDGET!
Mayor's Office of the Ten-Year Plan to End Chronic...
Blue Cross CEOs gorge on profits from premiums
K...
Introducing News Dots - By Chris Wilson - Slate Ma...
Nashville Mayor Karl Dean makes a deal with the Ch...
OpEdNews - Article: THE OFFICE THAT SPIED ON ITS O...
Article: Needed; Editors, Awakeners, Putting-the-p...
Article: AIG, Goldman Sachs,the Fed and Treasury, ...
Article: Economic Warfare? Europe versus Wall Str...
Article: To what extent are rigged bond auctions b...
Under Pressure: Evolution or e-volution...
Friends of Peltier: UN Expert to Report on Afforda...
Elyssa D' Educrat has shared items with you throug...
Untitled
dots...
Former guard sentenced in deadly bar shooting
Na...
The Wealthiest Towns in America: Belle Meade, Tenn...
MEDIA ALERT: Posttraumatic Stress Disorder (PTSD) ...
First they Came for the Jews...
Metro Nashville Council looks to silence Twitter a...
Charges dismissed against reformed-mob-boss-turned...
Judge Holds Merck Liable - Wall Street Journal
Who needs political consultants when journalists c...
A west Tennessee journalist disgusted by bizpig jo...
Metro Council passes convention center plan; gener...
Earnings Report: HealthSpring soars from Medicare ...
CHS wrongly wiggled out of contract, Managed Care ...
Survey: 40 percent in U.S. have no broadband
WiMax deployments ramp globally, but U.S. lags
Metro Nashville schools to target bus drivers, jan...
Top Ten Tips for Livin Laid-Off: #10! [video]
Odd Todd: Eyeball Hypochondria
Topsy Labs » Blog Archive » Topsy Update – Photo S...
Building a Better Teacher
U.S. Hopes Internet Exports Will Help Open Closed ...
Topsy Labs
TN stimulus funds give students greater access to ...
Nashville schools offer Vanderbilt degrees for top...
The Associated Press: Australian court: Vioxx doub...
Judge Holds Merck Liable - Wall Street Journal
COINTELPRO The Naked Truth
Metro Nashville schools to target bus drivers, jan...
5 Squad: Philadelphia police engaged a long-standi...
Lessons I've learned in 5 years of working with MD...
Next steps for stimulus
Metro Nashville - General Services - ADA Complianc...
Twitter / Kevin Eder: RE http://bit.ly/bziYUp Ar ....
Twitter / LML: exactly. RT @ElyssaD: @lml ...
OpEdNews - Quicklink: The Fleecing of America: Tho...
OpEdNews - Article: THE IRANIAN PEOPLE'S STRUGGLE ...
OpEdNews - Article: 1-2-3 What Are We Fighting For...
OpEdNews - Article: Michael Moore: There's Going t...
OpEdNews - Article: Mainstream Media FAIL with Ove...
Social Media Use Among Teens, Boomers and Moms: Ne...
OpEdNews - Article: The 'Mumia Exception' - Explai...
OpEdNews - Article: The 'Mumia Exception' - Explai...
COINTELPRO: THE NAKED TRUTH FBI Domestic Intellig...
Nashville,TN: Social Serivces Uses Federal Funds t...
Nashville,TN: Social Serivces Uses Federal Funds t...
Reality Bytes: Writing Through Dark
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i'm done watching this
Sunday, February 7, 2010
The Missing Peace [Strong Language] embedded documents
The Roof is On Fire
The APPEAL had given me for the thirteen months I actually believed somebody was listening. WRONG AGAIN! That false strength I kept in reserve to keep going was the part of me that needed to believe that I haven't lost everything. It gave a false sense that somebody was actually listening.
I WAS WRONG....
So listen carefully, my friends. It was not too long ago that I had almost everything a young person needs to succeed in this world.
Or maybe not. As for my most current insurance dispute... I feel that I have done everything humanly possible to be sympathetic towards health care provider who is NOT providing care. I cannot sacrifice my own well being for every bright eyed bushy tailed wanna be who is too stupid to see that I am far from.
I had such a battle this week. It culminated in the end like every other battle I have taken on. I only won because ultimately but we are all losing.
For every under qualified, health care provider who has NOT provided the adequate, there are many more like me. Alienated just enough to give up on fashion, etiquette and social norms; but not enough to walk away from it all.
We are keeping watch. We are taking names, and I for one do not give a rat's ass about "keeping the peace." So welcome to this world you helped create. This is where I live. In CyberSpace. So even though I can't get an account, pay any bills, watch television or even use a real computer or find a job without internet, I'll find my missing piece. And I did. I am writer. I am a researcher. I am a human being that is gonna fuck with your world the same way you fucked my mine. Bring it on Daddy. I've been waiting to see what the ultmate power play will be.
With love from your youngest daughter, the one who never accomplished a single thiing in herr entire lfe, well I accomplished this. And I managed to live to be 37 years old. That is the same age you were the last time I stepped foot in your home, and walked out of your lives for what was supposed to be forever.
Yes, Reality Bytes. The Roof is On Fire
Mumia is STILL on death row.
The 39th District is corrupt to the core.
The MAYOR dropped the bomb. May 13, 1985.
No longer sealed. I am no longer hiding.
Now I know, why my life stopped when it was about to start.
I know the truth. And the feds know I'm “certifiable!” What I would like to know is, what is their excuse?
So you decide...
RW ONLINE: Philadelphia: The Power Structure and the Railroad of Mumia Abu-Jamal
RW ONLINE: Philly Cops: A History of Brutality in Blue, Part 2
Liberté pour Mumia Abu-Jamal - Chez Féefils
Philadelphia D.A.'s pick for top detective oversaw 'Tainted' corrupt unit.
HOLY CRAP! THIS WAS MADE FOR ME! NEXT I LOOK FOR The Sneetches
The Boy With A Problem
You're no a Victim, Neither am I
~~~~~this where I must break~~~ all in due time my friends~~~~
I can't lose what I never had. I won’t be another sell-out... mostly because I don't know how.
I am then the voice of perseverance. I am one voice of perseverance. I am one of 47 million Americans. And today I am still fighting the good fight.
This battle; this challenge; this half won war has come to define me. And without that, I am not really much of anything at all...
As someone once told me, if you don’t stand for something, you will fall for anything. I've already fallen, but I sure as shit stand for something.
"...so for now, I write. Maybe later read. I am always listening. But if there is any justice left in this world, maybe someday, I might actually live."
That's all for now, folks. I think I'll tweet a bit. I think I've earned it the right to play a little. Can't go anywhere anyway. License suspended (thanks again dad! You can manage to move 1.3 million dollars into two separate trust funds offshore within one hour of TRO, but you couldn't authorize Frank to transfer $4.50 into my Bank of America account before I got saddled with several thousand dollars in court fees and collection agencies?
22 days to hand over the $4.50 I needed to avoid eviction osing all my "stuff" again and sleeping in my car at at gas stations in the for almost 8 months?
ahhh..... now I get it! You want me to lose everything. How long have you know?
Certainly it was Adam Dread who called your attention to this site, but before then you always wanted me to just be gone. Why not just let me go?
Walking in The Shadow of Death
You must be so proud. I'm finally doing you told me to do long ago.
Fighting for myself, because you made it clear you will never do it for me. Lesson learned. Bring it on. Again. This time I know what to expect.
Content missing - Associated Content - associatedcontent.com
Elyssa Durant, Ed.M.
Nashville, Tennessee
FBI wants widespread monitoring of 'illegal' Internet activity
News Blog - CNET News
[Parts previously posted at United Professionals under: An Appalling Appeal]
In the future, the prosecutors argued, "other officers...may take their cue from the sentencings of cooperators." Unswayed, Federal Judge Robert Gawthrop slammed the cops with the maximum mandated by the federal sentencing guidelines--and Blondie with even more. The result has been exactly what the government feared: only four other officers have fallen. "They took the cue all right," says a senior FBI official. "No one's talking. And even if they do, the history of these kinds of scandals is that cops go right back to acting as they always have when the dust settles, because the pressure they most feel is the pressure to produce results, the constant demand to get the job done."
McGuire believes the pressure inevitably forces cops to make up some of their own rules. "Most of the kind of stuff [Blondie and the others] did was in the vast gray area that represents the real nuances of police work," he says. "We've all faced these things; we all have our own personal lines."
And Blondie, now in the second year of his 13-year sentence? He remains a stranger to remorse: "We didn't invent the system, or the ways to scam it to do the job. We inherited it. We were its custodians. Now others are."
TIME- WHEN COPS GO BAD
The APPEAL had given me for the thirteen months I actually believed somebody was listening. WRONG AGAIN! That false strength I kept in reserve to keep going was the part of me that needed to believe that I haven't lost everything. It gave a false sense that somebody was actually listening.
I WAS WRONG....
So listen carefully, my friends. It was not too long ago that I had almost everything a young person needs to succeed in this world.
Or maybe not. As for my most current insurance dispute... I feel that I have done everything humanly possible to be sympathetic towards health care provider who is NOT providing care. I cannot sacrifice my own well being for every bright eyed bushy tailed wanna be who is too stupid to see that I am far from.
I had such a battle this week. It culminated in the end like every other battle I have taken on. I only won because ultimately but we are all losing.
For every under qualified, health care provider who has NOT provided the adequate, there are many more like me. Alienated just enough to give up on fashion, etiquette and social norms; but not enough to walk away from it all.
We are keeping watch. We are taking names, and I for one do not give a rat's ass about "keeping the peace." So welcome to this world you helped create. This is where I live. In CyberSpace. So even though I can't get an account, pay any bills, watch television or even use a real computer or find a job without internet, I'll find my missing piece. And I did. I am writer. I am a researcher. I am a human being that is gonna fuck with your world the same way you fucked my mine. Bring it on Daddy. I've been waiting to see what the ultmate power play will be.
With love from your youngest daughter, the one who never accomplished a single thiing in herr entire lfe, well I accomplished this. And I managed to live to be 37 years old. That is the same age you were the last time I stepped foot in your home, and walked out of your lives for what was supposed to be forever.
~breaking~ Sunday February 7, 2010
Having been on both sides if the proverbial couch, I have the perspective is both enlightening and scary at the same time.
I look back and want to say shout "told you so" from the nearest roof top.
kRaZy is crazy does... out loud. I may be enjoying this just a little too much.
Sometimes I try to look at this fight, (I meant to say this life) objectively.
I can see my own future, and I can see where it is taking me. I know how it will end if I don't keep up the pace.
It is amazing at how far we will go to have nothing at all.
I have come this far, and on some level I almost enjoy the dance. No. On some level, I actually love the dance.
But then there are days like this.
Because without this turmoil, this exercise in futility, absurdity, government waste, bureaucracy, irreverent disregard for basic human kindness, decency and humanity: and all long to go to the kind of place I hear about from through ignorant innocents. Children who have never known the type of pain and cruelty that exists in the real world.
He speaks of a place called Never land. You see, I don't know the story of Peter Pan, Captain Hook, and I have no idea who Wendy is. Of course I've heard of Tink (though I hear she is a pain in the ass ;) but only because I like glitter pens and fairy dust. I don't know these things, because I don't know the innocence, the purity, the make believe world of childhood. I never had one.
I knew cruelty... and though I am not cruel, this is who I am at this very moment: Dark, discouraged, and deeply disappointed.
The New Crisis: Promoting Reagan's Legacy of Racial Policies
The New Crisis: Promoting Reagan's Legacy of Racial Policies
What if this is all that there is for me? If I can never break free from this cycle of insanity, and trust me when I say the insanity I speak of is NOT in my head. We have all heard the expression insanity is the sane response to insane surroundings; let me assure that there are very few cases that rival mine. I am the stuff psychologists, sociologists, and the occult speak of behind closed doors. My sister and I were raised this way. She may be a lawyer, she may have good credit, she may have a lot of things, but while my father took me to see the same shrink that treated Jack Danton, David Shapiro, possibly even Milken, Drexel Lambert and other nefarious white collar criminals, my father took my sister to see a psychiatrist who specialized in serial killers. What a message that sends... message received.
Mastronardo (note: Mastronardo is the son-in-law of the infamous Mayor Frank Rizzo who is best known for historic tales of systemic corruption in Philadelphia) FEDS BUST N.J. TRADER IN $1B SCAM
So I wonder, and you should too... did he take us there to be healed or did he take us there to create our futures? I will never be good enough for him. Thank god jesus allah and the power invested in this little stupid wifi device... his vision of us, his vision of U.S. is wrong.
I know this now. I didn't know then. I have proof now. I hardly even need it. It all out in the open and I am glad. Never again should the FBI create hatred, men so indoctrinated by power that they have such little regard for human life that they treat their children the same way they treated John Africa and the thirteen members of MOVE the day the Powers That Beat decided it was long overdue to take John Africa out. So what if thirteen people died with him... who cares about the 5 children who died along with him?
The roof, the roof, the roof is on fire. We don't need no water let the mother fucker burn, Burn, mother fucker, burn. The Roof is on Fire by Bloodhound Gang
And they did. And they died. May 13, 1985.
Burned forever in my mind and it should be in yours too.
OUR COUNTRY.
OUR PEOPLE.
OUR GOVERNMENT.
OUR COUNTRY.
OUR PEOPLE.
OUR GOVERNMENT.
FUCK YOU AMERICA! FUCK THE US FOR FUCKING US ALL! But thank you daddy for letting me in on the secret. Now it is my turn.
What else would call if not the City of Brotherly Love? I do. Because my daddy told me to shoot them ya know... just in case. Daddy lost his first and only trial and the CITY of Philadelphia decided it was time to take him out.
What if I have nothing left? What if the Hook does NOT bring me back?
This demonstration and project in futility and determination has defined me for so long, that without it, I'm not sure if I am anything at all.
fuck that... yeah... Reality Bytes. But I won't play dead, and I won't pretend my name is not Elyssa. My Daddy changed his; and my gold-digging bitch of a mother changed hers so many times I can't even keep up with the bitch. Through in 1/4 mil in "cosmetic surgery" and tattoos on her eyelids lips and some lazar and and derma crap stuff, no wonder she looks like a million bucks.
Dad The one she couldn't hold on to. And she blames it all on me. Ironically, so does he.
Yes, Reality Bytes. The Roof is On Fire
Mumia is STILL on death row.
The 39th District is corrupt to the core.
The MAYOR dropped the bomb. May 13, 1985.
No longer sealed. I am no longer hiding.
Now I know, why my life stopped when it was about to start.
I know the truth. And the feds know I'm “certifiable!” What I would like to know is, what is their excuse?
So you decide...
RW ONLINE: Philadelphia: The Power Structure and the Railroad of Mumia Abu-Jamal
RW ONLINE: Philly Cops: A History of Brutality in Blue, Part 2
Liberté pour Mumia Abu-Jamal - Chez Féefils
Philadelphia D.A.'s pick for top detective oversaw 'Tainted' corrupt unit.
HOLY CRAP! THIS WAS MADE FOR ME! NEXT I LOOK FOR The Sneetches
The Boy With A Problem
Whoooooooooooooosh! for now... let's leave on a good note! And will someone, anyone, please send some tech support. I've paid my dues. I'll keep on paying. ~Dixie Chicks
You're no a Victim, Neither am I
~~~~~this where I must break~~~ all in due time my friends~~~~
I can't lose what I never had. I won’t be another sell-out... mostly because I don't know how.
I am then the voice of perseverance. I am one voice of perseverance. I am one of 47 million Americans. And today I am still fighting the good fight.
This battle; this challenge; this half won war has come to define me. And without that, I am not really much of anything at all...
As someone once told me, if you don’t stand for something, you will fall for anything. I've already fallen, but I sure as shit stand for something.
"...so for now, I write. Maybe later read. I am always listening. But if there is any justice left in this world, maybe someday, I might actually live."
That's all for now, folks. I think I'll tweet a bit. I think I've earned it the right to play a little. Can't go anywhere anyway. License suspended (thanks again dad! You can manage to move 1.3 million dollars into two separate trust funds offshore within one hour of TRO, but you couldn't authorize Frank to transfer $4.50 into my Bank of America account before I got saddled with several thousand dollars in court fees and collection agencies?
22 days to hand over the $4.50 I needed to avoid eviction osing all my "stuff" again and sleeping in my car at at gas stations in the for almost 8 months?
ahhh..... now I get it! You want me to lose everything. How long have you know?
Certainly it was Adam Dread who called your attention to this site, but before then you always wanted me to just be gone. Why not just let me go?
Walking in The Shadow of Death
You must be so proud. I'm finally doing you told me to do long ago.
Fighting for myself, because you made it clear you will never do it for me. Lesson learned. Bring it on. Again. This time I know what to expect.
Content missing - Associated Content - associatedcontent.com
Elyssa Durant, Ed.M.
Nashville, Tennessee
FBI wants widespread monitoring of 'illegal' Internet activity
News Blog - CNET News
[Parts previously posted at United Professionals under: An Appalling Appeal]
Saturday, January 30, 2010
Conspiracy Theory
History of a Scandal
"If anybody believes for the most part that there is not conspiracy at times, with the police department, not only here in this city, but across this nation, they're crazy."
Friday, January 29, 2010
TRANSPARENCY FOR ALL: PRIVACY DAY
#nocleanfeed http://quixote.org/ej/archives/mumia/corr.html
TIME How Cops Go Bad
DRAFT: [NO SPELLBOT OF BLOGGER]
For anyone who would like to know why I feel so strongly that any reform that does not address the issue of regulation, oversight and enforcement... perhaps my experience will serve as an example of how the judicial system fails to protect those who so desperately need help to fight injustice, inequity and corruption in the United States of America.
At twenty-two…
At 22 I was diagnosed with a degenerative spinal condition. Yes, there are times when the pain is so terrible, I cannot lifet myself out pf ed or tie my shoes. But far worse is having the knowledge that the level of damage to my spinal cord could have been stopped had I received adequate health care.
Yes, I had insurance. But who was there to make them pay???
14 years later, I finally received surgical intervention, and I could feel my hands again. As a wanna-be writer, that alone had been a miraculous gift for almost 18 months.
Through the toughest times in my life, no one told me I was wasting my time and money on an education I would never be able to use.
I wanted a diversion. I wanted a purpose. I wanted people to learn from my experience, so that they would not find themselves bankrupt in every sense of the word before the age of 25.
Even more disturbing than the damage to my spinal cord, is the realization that I missed mosre than 14 years of my life. So not only did I waste my time and money on an education I will never be able to use, I wasted a window of opportunity. A moment in time when I almost had a world the world at my fingertips.
Without any real place to go after college, I felt I had no other choice than to become a professional student of sorts—you know, the ones who stay in school forever to take advantage of cheap housing, health insurance, and student loans.
SHIT MY DAD SAYS, FORMER DEPUUTY CHIEF OF CRIMINAL INVESTIGATIONS, EASTERN DISTRICT OF PENNSYLVANIA
EXPERT AND TASK FORCE FOR SEC #MADOFF INVESTIGATION
Unfortunately, I wandered aimlessly through the system acquiring useless knowledge and letters after my name that do not mean jack in the real world. But it distracted mye from the fact that my spinal cord continued to worsen my physical and emotional health.
So with no prosepects on the horizon-- and so thrilled thto feel my hands today, that the one thing I can do is write. So for now, I write, maybe tomorrow I'll read, but if there is any justice left in this world, maybe someday I will actually live.
http://my.barackobama.com/page/community/post/elyssadurant/gGxh4R/commentary
Despite having four individual insurance policies including a major plan with Blue Cross Blue Shield for $1,000,000; I still wound up on Medicaid, and eventually welfare and social security with a total income of under $6,000 / year.
The insurance investigators ultimately ruled in my favor, however I was unable to collect any damages for two reasons: Although mandatory federal fines in the amount of $560,000 would require legal assistance and complicated civil litigation that would be timely, costly, and emotionally traumatic. Second, under federal law, grants immunity to ERISA plans: a type of group insurance that is totally untouchable due to federal preemption of state law that leaves the beneficiary without recourse or the ability to collect punitive damages under federal law. Corruption Scandal
Unfortunately, this was a very complicated case that involved unscrupulous attorneys that involved tax and insurance fraud, and has yet to be resolved despite the overwhelming evidence of fraud and the favorable ruling from the insurance department. It should also be notes that no criminal charges were ever brought against any of the participants, which s even more disturbing if you knew the history of the parties involved, some were arrested for RICO conspiracy, Tax Evasion, Embezzlement, Extortion, and wire fraud. One man actually shot himself in the head one month after the Insurance Dept. opened the investigation.
So one is dead, one got off on a technicality, one was acquitted, and several others were never prosecuted. I however, pay a price for their crimes every day of my life, I now live in a prison of sorts: a prison of poverty, and despair with no real expectation of change on the horizon.
So here are the facts
I recently learned that for the last 14 years, my parents have been using my social security number to claim as (1) an employee -- thus covered under an ERISA beneficiary plan that I have never been able to access and (2) was claimed as a dependent on my mother's NY State tax return for many years making impossible for me to file taxes or obtain insurance, disability benefits, or student financial aid since neither parent is willing to release a copy of their return.
I filed a complaint with the Pennsylvania Insurance Department in 1995, and received response six months after the policy had expired. Despite the considerable evidence I provided to the Insurance Dept. and Pennsylvania Blue Shield, I was told that despite the overwhelming evidence that I provided, the Insurance Dept. Did not have the authority to override the terms of the contract.
Since ERISA mandates that all beneficiaries (including insured dependents) be given a copy of the policy (among other forms of insurance identification, e.g., EOBs, Insurance ID C, and a copy of the policy, my requests for ERISA mandated materials were repeatedly denied until the Jason Manne from the Dept. of Public Welfare sent a letter to my insurance carrier to inform them that they in accordance with federal law, they must honor my request for a copy of the insurance policy.
The insurance Department came to the same conclusion: that my rights under federal law had been violated, but because this situation was unprecedented in the state of Pennsylvania, it took approximately 9 months before BCBS decided to send me the necessary documentation. In addition, my plan had expired, and BCBS refused to honor my request for COBRA continuation (which would have been extended from 18 months to 36 since I was disabled at the time of the qualifying event plan supporting my initial request for federally mandated information in accordance with ERISA 4236.
Blue Shield refused to honor my request for COBRA continuation and / or a reassignment of benefits so those providers could be reimbursed directly. According to their attorney, Tija Hilton-Phillips, they had no obligation to provide me with any information about COBRA continuation and shifted the burden of responsibility onto the plan administrator and/or fiduciary. In addition to having the terms of my policy falsified in writing, I was unable to identify the plan administrator of fiduciary. Since federal law requires that all plans be filed with the Dept. of Labor, I contacted them on multiple occasions and wrote several letters requesting a copy of claims made under the policy, the plan fiduciary, administrator, and the specific type of ERISA plan (e.g., self-insured) that was on filed in accordance with federal law. Again, my verbal requests were denied. I then sent a written request to the regional office in Philadelphia but again, received no response.
Washington requests in Washington in accordance with federal law, e.g., self-insured, their assistance in (with information Furthermore, the Dept. of Labor requesting this information were never answered. I never found out the name of the plan administrator or the fiduciary, and was never offered COBRA continuation, and then BCBS refused to let me continue under COBRA, claiming they were not obligated to offer it to... so who is ultimately held accountable in these situations.
When I first filed this complaint against BCBS, each agency denied responsibility despite the overwhelming evidence that I had provided. Although I was only 22 at the time, I spent my days and nights reading up on insurance, labor and employment law, and subsequently came to believe that aside from violating my natural rights, I had been denied due process protections and requested legal assistance from advocacy organizations in New York, Pennsylvania and Tennessee.
I was unable to find anyone who would take my claims seriously, and could not find anyone to take my case pro-bono or on contingency. Eventually, I moved to Nashville, TN and tried to recover from the physical injuries and the new emotional scars that left me cynical and bitter about a judicial system that consistently fails to enforce natural and human rights.
Everyone I spoken to thus far reiterates the same statement-- practically verbatim, "I sympathize with your dilemma, yet, as you know, our office does not have the jurisdiction to assist you in this matter."
I sought the assistance of an attorney at Shnaeder Harrison years ago (regarding Pennsylvania Act 62) and Jason Manne in the Dept. of Public Welfare.
Although I may be biased, I believe this case has substantial social merit and long standing implications for children in the Pennsylvania I am a reputable witness, with have 5 years of doctoral studies under my belt in the field of public policy. My motives are clear. I want my life back. I want a fucking apology and I want it now. #yeahisaidit so sue me but get in line.
I have been unsuccessful in my search for a competent litigator (unfortunately, this is an unprecedented case that touches on all the hot issues before the 3rd circuit including ERISA and the State's interest in Equal Educational Opportunity and due process protections for children (and adults) who are "victimized twice... first by their parents, and then, again by a judicial system who fails to protect them" (it's been a while, but I believe that is a paraphrase of the dissenting opinion from Justice Montemuro in Curtis v. Klein.
In many ways, I feel it is too late for me to recover what I lost due to a snag in the law and a few loopholes in the system. I have collected evidence for over 14 years because I used to believe that justice might prevail.
if you are prepared to look bold into the bold into he face of the mos obvious yet unresolved example of poltical corruption, manioulation and the effects of chronic exporsure to being systematic ignored, marginalized, and eeventaully forced out of into a life of complete and total isolation... then you have clearly come to the right place.
NEW EVIDENCE FOUND FRIDAY 2010 TEN YEARS 2 THE DAY
Much to the embarrassment of my former feinds, colleagues, and family, for two reasons: 1. because share my story (and the documents) to be sure no other child in the Commonwealth of Pennsylvania falls victim to such heinous crimes due to legal technicalities from an outdated piece of legislation. It has been 14 years since my case was “abandoned” by the state judicial system in the Philadelphia Court of Common Pleas.
With the support and inspiration, I received from some very kind and brilliant professors in sociology and social policy, plan to submit a book proposal to document the sequence of events that still astound me and curious onlookers who take a quick peek as they casually pass in and out of my life. You see, it is much like a traffic accident- people like to take comfort in seeing the tragedy of a broken man and his family demonstrating the social injustices and inequity resulting from a stratified society.
My social security number and account are worth less than the paper they are pronted on. I lived in constant fear, and complete isolation. I dream of leaving the States so I can be free of this 24/7 full time "job" of restoring my soc just so that I can get a job and become more than a poor welfare receipient with a stich of hope for the future.
There is a good reason we call it "Idenity Theft."
TIME How Cops Go Bad
For anyone who would like to know why I feel so strongly that any reform that does not address the issue of regulation, oversight and enforcement... perhaps my experience will serve as an example of how the judicial system fails to protect those who so desperately need help to fight injustice, inequity and corruption in the United States of America.
At twenty-two…
At 22 I was diagnosed with a degenerative spinal condition. Yes, there are times when the pain is so terrible, I cannot lifet myself out pf ed or tie my shoes. But far worse is having the knowledge that the level of damage to my spinal cord could have been stopped had I received adequate health care.
Yes, I had insurance. But who was there to make them pay???
14 years later, I finally received surgical intervention, and I could feel my hands again. As a wanna-be writer, that alone had been a miraculous gift for almost 18 months.
Through the toughest times in my life, no one told me I was wasting my time and money on an education I would never be able to use.
I wanted a diversion. I wanted a purpose. I wanted people to learn from my experience, so that they would not find themselves bankrupt in every sense of the word before the age of 25.
Even more disturbing than the damage to my spinal cord, is the realization that I missed mosre than 14 years of my life. So not only did I waste my time and money on an education I will never be able to use, I wasted a window of opportunity. A moment in time when I almost had a world the world at my fingertips.
Our Penna Blue Cross Shield will not [note double underscore] be applicable in the Tennessee Thus, please do not use the numbers for doctors drugs, etc.MEMO From Law Offices of Marc Durant4/12/94Dear Elyssa,
Also, do not tell doctors to bill us for any reason. Dad
At twenty-two…
I was 22.
The next four years would prove to be the closest one could become as i fell following a trail that that never squesks clean.
I learn the most significant defining factor in my life. My FBI facts were nothing but lies. I must sign off my signal goes to blank but before I go learn from my transparency that these are the only thing that keeps me on the radar. It may corrupt fbi snipers but someone for once may here me scream for Justice for All. I am only #ONE Just me. Spotty. Just a girl without a new plan. [insert american girl when web feed works #TwitterShitter]
I was diagnosed with a degenerative spinal condition. Yes, there are times when the pain is so terrible, I cannot lifet myself out pf ed or tie my shoes. But far worse is having the knowledge that the level of damage to my spinal cord could have been stopped had I received adequate health care.
Yes, I had insurance. But who was there to make them pay?
14 years later, I finally received surgical intervention, and I could feel my hands again. As a wanna-be writer, that alone had been a miraculous gift for almost 18 months.
Through the toughest times in my life, no one told me I was wasting my time and money on an education I would never be able to use.
I wanted a diversion. I wanted a purpose. I wanted people to learn from my experience, so that they would not find themselves bankrupt in every sense of the word before the age of 25.
Without any real place to go after college, I felt I had no other choice than to become a professional student of sorts—you know, the ones who stay in school forever to take advantage of cheap housing, health insurance, and student loans.
SHIT MY DAD SAYS, FORMER DEPUUTY CHIEF OF CRIMINAL INVESTIGATIONS, EASTERN DISTRICT OF PENNSYLVANIA
EXPERT AND TASK FORCE FOR SEC #MADOFF INVESTIGATION
Unfortunately, I wandered aimlessly through the system acquiring useless knowledge and letters after my name that do not mean jack in the real world. But it distracted mye from the fact that my spinal cord continued to worsen my physical and emotional health.
So with no prosepects on the horizon-- and so thrilled thto feel my hands today, that the one thing I can do is write. So for now, I write, maybe tomorrow I'll read, but if there is any justice left in this world, maybe someday I will actually live.
http://my.barackobama.com/page/community/post/elyssadurant/gGxh4R/commentary
The insurance investigators ultimately ruled in my favor, however I was unable to collect any damages for two reasons: Although mandatory federal fines in the amount of $560,000 would require legal assistance and complicated civil litigation that would be timely, costly, and emotionally traumatic. Second, under federal law, grants immunity to ERISA plans: a type of group insurance that is totally untouchable due to federal preemption of state law that leaves the beneficiary without recourse or the ability to collect punitive damages under federal law. Corruption Scandal
Unfortunately, this was a very complicated case that involved unscrupulous attorneys that involved tax and insurance fraud, and has yet to be resolved despite the overwhelming evidence of fraud and the favorable ruling from the insurance department. It should also be notes that no criminal charges were ever brought against any of the participants, which s even more disturbing if you knew the history of the parties involved, some were arrested for RICO conspiracy, Tax Evasion, Embezzlement, Extortion, and wire fraud. One man actually shot himself in the head one month after the Insurance Dept. opened the investigation.
So one is dead, one got off on a technicality, one was acquitted, and several others were never prosecuted. I however, pay a price for their crimes every day of my life, I now live in a prison of sorts: a prison of poverty, and despair with no real expectation of change on the horizon.
So here are the facts
I recently learned that for the last 14 years, my parents have been using my social security number to claim as (1) an employee -- thus covered under an ERISA beneficiary plan that I have never been able to access and (2) was claimed as a dependent on my mother's NY State tax return for many years making impossible for me to file taxes or obtain insurance, disability benefits, or student financial aid since neither parent is willing to release a copy of their return.
I filed a complaint with the Pennsylvania Insurance Department in 1995, and received response six months after the policy had expired. Despite the considerable evidence I provided to the Insurance Dept. and Pennsylvania Blue Shield, I was told that despite the overwhelming evidence that I provided, the Insurance Dept. Did not have the authority to override the terms of the contract.
Since ERISA mandates that all beneficiaries (including insured dependents) be given a copy of the policy (among other forms of insurance identification, e.g., EOBs, Insurance ID C, and a copy of the policy, my requests for ERISA mandated materials were repeatedly denied until the Jason Manne from the Dept. of Public Welfare sent a letter to my insurance carrier to inform them that they in accordance with federal law, they must honor my request for a copy of the insurance policy.
Washington requests in Washington in accordance with federal law, e.g., self-insured, their assistance in (with information Furthermore, the Dept. of Labor requesting this information were never answered. I never found out the name of the plan administrator or the fiduciary, and was never offered COBRA continuation, and then BCBS refused to let me continue under COBRA, claiming they were not obligated to offer it to... so who is ultimately held accountable in these situations.
I was unable to find anyone who would take my claims seriously, and could not find anyone to take my case pro-bono or on contingency. Eventually, I moved to Nashville, TN and tried to recover from the physical injuries and the new emotional scars that left me cynical and bitter about a judicial system that consistently fails to enforce natural and human rights.
Today, the facts about the Philadelphia Police forces propensity for manufacturing evidence, planting contraband and perjuring themselves in court was finally the subject of a New York Times article.
Everyone I spoken to thus far reiterates the same statement-- practically verbatim, "I sympathize with your dilemma, yet, as you know, our office does not have the jurisdiction to assist you in this matter."
I sought the assistance of an attorney at Shnaeder Harrison years ago (regarding Pennsylvania Act 62) and Jason Manne in the Dept. of Public Welfare.
I have been unsuccessful in my search for a competent litigator (unfortunately, this is an unprecedented case that touches on all the hot issues before the 3rd circuit including ERISA and the State's interest in Equal Educational Opportunity and due process protections for children (and adults) who are "victimized twice... first by their parents, and then, again by a judicial system who fails to protect them" (it's been a while, but I believe that is a paraphrase of the dissenting opinion from Justice Montemuro in Curtis v. Klein.
In many ways, I feel it is too late for me to recover what I lost due to a snag in the law and a few loopholes in the system. I have collected evidence for over 14 years because I used to believe that justice might prevail.
if you are prepared to look bold into the bold into he face of the mos obvious yet unresolved example of poltical corruption, manioulation and the effects of chronic exporsure to being systematic ignored, marginalized, and eeventaully forced out of into a life of complete and total isolation... then you have clearly come to the right place.
NEW EVIDENCE FOUND FRIDAY 2010 TEN YEARS 2 THE DAY
Much to the embarrassment of my former feinds, colleagues, and family, for two reasons: 1. because share my story (and the documents) to be sure no other child in the Commonwealth of Pennsylvania falls victim to such heinous crimes due to legal technicalities from an outdated piece of legislation. It has been 14 years since my case was “abandoned” by the state judicial system in the Philadelphia Court of Common Pleas.
With the support and inspiration, I received from some very kind and brilliant professors in sociology and social policy, plan to submit a book proposal to document the sequence of events that still astound me and curious onlookers who take a quick peek as they casually pass in and out of my life. You see, it is much like a traffic accident- people like to take comfort in seeing the tragedy of a broken man and his family demonstrating the social injustices and inequity resulting from a stratified society.
The federal division of local, state and national police forces is being broken down ever since the law enforcement assitance administration in the Nixon years continuing with the crime bill, with the funding and the equipment coming from the federal government.
To show you how police manufacture proof, or evidence,
It is time to have these loop holes closed for good and ensure equal protection under the law for all children—not just those who are lucky enough to have a fair hearing or be heard before they reach the age of majority.
against criminals, against people who have been incarcerated for being criminals. Not fair! When you think of the lives of men have been ruined. Crime Line Exposed
Prison systems that punish only "violent" criminals but forgive those who commit acts against humanity systematically all things we hold dear when they sold us school... they never told us what was real~ violating natural law rights; impeding emerging culture; drowing out dissent from voices like my own that scream in the dark of night calling for justice. Constitution and federal law rights are consitsently twisted shedding new light for those searching endless to find that same fire exists somewhere anywhere outside the powers that beat me to a whisper and mumia and so many so MANYcountless voices.todays top news: 1/29/2010 IT'S BEEN TEN YEARS #noshit
Speak in any language you chose. I am listening and I need you. Tweet a sign that you see the spark in me that rages ever since that in May of the Philadelphia Fire.
Mrs. Patterson, a widow, who cleaned other people's floors and
THEY WERE CALLED FIVE SQUAD BUT THERE WERE SIX
clothes to keep her family together and now delivers newspapers
before dawn with her grandson, was framed by corrupt police officers and spent 3 years in prsison in the early 1990's after being falsely convicted of selling crack cocaine.
Mrs. Patterson and her church always knew whe was innocent, but only in the past couple of months has the rest of the city learned the truth.
And although Philadelphia has been rocked by one police scandal after another in recent years, the new charges reveal a group of officers so corrupt, so calloused to the rights and welfare of residents, that the details have shaken the city to its roots.
Mrs. Patterson is one of dozens, perhaps even hundreds of victims of a band of 5 renegade offciers who for at least 3 years haunted her predominantly poor and Black North Philadelphia neighborhood, beating, robbing, lying and planting phony evidence on the good and the bad, Federal and local prosecutors said.
"She went to jail for 3 years for something she was completely innocent of.," said Lynne Abraham, the Philadelphia District Attorney, "This whole thing has made me physically ill. This is the ultimate betrayal of the public trustm and it has some very destructive consequences. It justifies people's suspicions of the police."
Earlier this year, the officers pleaded guilty in Federal Court to being criminals in blue; nearly 50 cases were invovled in, including Mrs. Patterson's have been overturned by the courts and the District Attorney's office. Hundreds more could also be thrown out.
Scheduled for sentencing in October are Officer Hohn Baird, 40, Thomas BeGovanni, 44, Officer Steven Brown, 48, Officer James Ryan, 39, and former officer Thomas Ryan, 38, who is on disability. Most of them have apparently been cooperating with investigators.
A sixth officer, from the same district, was charged today in Federal District Court with conspiracy to violate civil rights. There are reports that even more officers will be charged, expanding the scandal and the city's potential liability.
Others who have not been taken seriously by the judicial system or the public at large. Unaware of the consequences that arise from dual standards in the worst of academic snobbery and intellectual elitism- living a lifestyle they might otherwise envy. #namaste
There is a good reason we call it "Idenity Theft."
None of us are really defined by a number. So when yor social secrity number threatens your security or conflicts with your personal idea of who yo are by sending you back to the sorce of the trauma, BLINK!
Identity Theft steals more than your tax id, bank and credit history, it steals your secuirty yor independence and a piece of the person i was becomong. BLINK!
A person with hope and Choices. Free, Indepent. Self-reliant. Defiant!
#nofear #nosilence #truth is I hope together we can build #alliance together as #ONE an army of #ONE saying peace, not war, no #reliance on #violence
Sunrise is almost upon the us, I made it through another night trapped way deeper in the a Conspirary of Silence.
can you my whisper? now can i define it! i forgot #whoiam so i mst refine it!
Can I be free to can be me and may i just say goodnight my friends, all is good in my heart because distance know no boundaries when friends mean i am with WOman without a contry a community or a place to call #home peace out to my friends without borders namaste.
with identity that means either relocating to another country and/or having my name and social security number changed or restored, it is probably well worth the inconvenience if it means there is still hope for living a peaceful existence.
Thursday, January 28, 2010
Wednesday, January 27, 2010
Phuck Phil!
October 30, 2009
I TRIED NOTING: NUMBER OUT OF SERVICE #FAIL
PASSING THE BUCK: JUST STICK PHIL WITH THE BILL original document here!
MODIFIED POST // FOR "TRANSPARENCY"
Dear Elyssa:
Thank you for your message about reforming the process for determining eligibility for Social Security disability benefits. I appreciate hearing from you, and I certainly understand your interest in this matter.
This is an issue related to the federal government rather than state government. Unfortunately, as Governor, I do not have the ability to intervene in the operations of the federal government. Your comments would be more effectively addressed to your elected federal representatives: the President, one of our two United States Senators, or the Member of Congress who represents you in the United States House of Representatives. I am confident that they would welcome the opportunity to respond to your concerns.
I appreciate your willingness to bring this matter to my attention. As I continue to work for policies that are effective and beneficial to the people of Tennessee, I hope you will feel free to contact me whenever you have problems, suggestions or concerns related to state government.
Warmest regards,
Phil Bredesen
PASSING THE BUCK: JUST STICK PHIL WITH THE BILL original document here!
MODIFIED POST // FOR "TRANSPARENCY"
YES! Another Letter to Congress!
Elyssa Durant, Ed.M.
Nashville, Tennessee
Cell: (615) 424-8810
ed70@columbia.edu
RE: White House Healthcare Forum
http://www.whitehouse.gov/
February 12, 2009
Dear President Obama & Members of Congress:
There are widespread reports that Phil Bredesen, Governor of Tennessee is being considered for a position with the Department of Health and Human Services in Washington, DC.
As someone who has lived and voted in the state of Tennessee since 1996, I have witnessed several shifts in policy, both on the local and federal levels. I am a recipient of TennCare, Social Security, and a member of the Daniels Class.
Governor Phil Bredesen has no place in Washington. Please remove his name from consideration for a cabinet position with HHS.
Order Setting Aside Daniels Daniels Court Doc
Even under of the best of economic circumstances, the state has often been reluctant to release state monies until they are in physical receipt of all federal matching dollars. This delays program implementation and compromises the integrity of the research design. Consistency is a critical component of effective program development and design.
Governor Bredesen had decided to hold back state funds until the final details of the stimulus package worked out, were finalized. Anyone who has followed the healthcare crisis in Tennessee will tell you, Bredesen is not the champion of healthcare we once hoped he would be.
If we hold off on making decisions about the state budgets until the details of this enormous, comprehensive package are finalized, our current programs will suffer as a result.
We cannot wait for a determination regarding federal funding before we to determine our state budget while before we of the programs we already are suffering financially.
Let me assure you that when it comes to withholding critical items like food, housing, social services, it adds up exponentially. Withholding medical care simply because of procedure and bureaucratic red tape, is shameful and cruel. The money is there, but it seems there should be a certain level of oversight and accountability if we expect it to be used effectively without delay and without excessive administrative delay and costs.
How do I know this? Because I used to work for the state during the time when they not only made the as they were transitioning to during the transition from I used to work for TennCare,
We need to have some level of accountability to ensure the timely and proper disbursement of funds. In my experience, there is little recourse for person’s individuals who are caught up in the complicated payment arrangements, complicated language, and the systematic, procedural delay when it comes to the processing and payment of claims.
Let me personally assure you, that there is a very real human cost here as well... and unless there is immediate intervention, much more than just money will be lost.
Please sign the bill before any more jobs, homes, and future are ruined by because help did not fast enough. Please release the funds, because we are running out of time.
I am 36, and my spinal cord is damaged from years of delayed, sub-standard medical treatment as I attempted to navigate a system that simply does not work. I owe the federal government $179,982.00 in student loans. When I am able to work, I make $10.46/hour as a substitute teacher in MNPS. That job comes with no security and no benefits.
I have an advanced master’s degree from an Ivy League Institution. I am eight credits shy of a Ph.D. in "Policy Development & Program Evaluation" aka: public policy. Despite having maintained a 3.83 grade point average while earning my masters and just over 3.2 during the three years I was enrolled full time in a doctoral program.
Despite having comparable coverage, the insurance company refused to give me COBRA and would not cover my pre-existing condition even through both Columbia and Vanderbilt Universities used the same underwriter for student medical insurance: Chickering US HealthScare.
I had no break in coverage and even purchased a private HMO (Oxford) plan that cost several hundred dollars each month just so I could prevent becoming uninsurable before my 23rd birthday.
Wrong. Not only did I continue to pay for all three policies, I also had to pay for treatment and STILL wound up on TennCare and Medicaid.
Despite doing all the "right" things, I was still unable to transfer benefits from one graduate school to the next.
When I was twenty-two years old I developed a medical condition, and it quickly became obvious to me that it would be a lifelong struggle to cope and adapt to having physical disability. I purchased three independent policies, however due to a terminal liability in am ERISA plan, with $1 million dollar major medical policy. As someone who also needed to turn to federal funds and intervention in a crisis, I know that if or when help does arrive, it usually too late.
I understand the how; I just don't understand why.
Maybe one of these days Vanderbilt University and the Department of Education will realize it might just be cheaper to hire me that harass me. I need a real paying job now, but with the skyrocketing unemployment rate, it looks as though I will have a lot of competition.
Throughout the three year process of filing medical appeal after the next, I acquired over 1/4 million dollars in debt in unreimbursed medical care and student loans. I was fortunate enough be able t keep my TennCare that time—only because the state mandated a 30 hour work week, because at 32 hours, your benefits kick in.
Even while in the states employ, I witnessed a pattern of behavior that was reckless and harmful to the citizens of Tennessee. In fact, there were so many changes during short time I was there the time I was there that even my colleagues in the office of consumer affairs did not know about them until we were a formal complaint had been filed by a consumer in crisis.
There was so much chaos in the system because consumers and were not given sufficient information and the state was completely unprepared to respond to the large number of people who their benefits terminated, limited, or transferred. It took several months to update the medical database used to verify insurance coverage, and many more to get that information in sync with pharmacies and providers. Recipients were left in the dark, probably because it was easier that way.
State of Tennessee CONSUMER AFFAIRS http://www.tennessee.gov/
Although I doubt many people people outside of Tennessee are aware of the harsh policies enacted during the Bredesen administration. His endless assault on the state’s Medicaid & Medicare programs resulted in 271,000 people to be dropped off the roles. People who are uninsurable or cannot afford health insurance. He has requested multiple federal waiver to limit federal law rights under the Medicaid Act, and Social Security beneficiaries. Is not the kind of man we want to lead HHS into a new era of reform. He has demonstrated a wanton disregard for the welfare of his own constituents should not be rewarded with a cabinet position in the new administration. He has failed this state, and now it costing money. Where it will come from, I don't know. Perhaps he will turn to the feds.
SSA Form 9SORRY FOLKS ~> ERROR! GRRR! GO TO ORIGINAL DOCUMENT FOR EMBEDDED FORMS >:-/
Now, again, I face losing my healthcare coverage once again. Please do something, and do it quick. I would not wish this experience on my worst enemy,
Unemployment rates in the state of Tennessee are at an all-time high, yet welfare roles have remained stable. This tells us that despite the financial crisis and sad state of the Tennessee economy, people are not able to access emergency aid that we would expect people to receive in times of economic hardship.
Where is the safety net? Where is the American Dream that I so diligently chased after for so many years? What was the point of investing so much in a future that I can never enjoy? How can anyone justify spending so money much on an education that will never be used?
What will happen when the state begins the 140,000 members of the Daniels Class? DHS has not been able to process the applications already on file. As the unemployment rate continues to go up, we need to be sure that applications for emergency assistance are processed within a reasonable period.
I have no idea how they intend to handle the growing number of unemployed, uninsured, people in need of emergency assistance given that they are already overwhelmed by the number of applications already on file. Is it a really a good time to start the recertification of the 140,000 members of the Daniels Class?
Let us hope the state is not granted another federal waiver or we are all in trouble.
Sincerely yours,
Elyssa Durant
Nashville, TN
Previously Posted as "we are so screwed. phil opts out of all options"
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