* Franklin claimed he was denied daily half-hour out-of-cell walks. The judge found this claim surprising, because in other filings Franklin alleged he was crippled.
* He claimed prison guards abridged his "right to be supplied" with T-shirts, a claim which had previously been dismissed.
* He claimed he did not receive "some unspecified medical treatment because an officer neglected to wake him from his afternoon nap," causing him "mental frustration," which the judge learned meant "that someone got his dander up."
* Franklin sued prison guards who he alleged "wear clopping heels on their boots, which causes plaintiff to feel he's in a Natsy [sic] prison camp."
* He asserted that his right to free speech was violated because prison staff discliplined him "for commenting on a guard's allegedly out-of-wedlock birth."
* He sought $3 million in damages for "mental frustration" he suffered when a Portland television station allegedly misidentified a "14 wheeler tractor and trailer rig" as an "18 wheeler."
* Franklin launched constitutional challenges to Oregon statutes which denied felons the ability to be candidates for public office or to vote during their incarceration.
* Franklin brought up some Oregon history in one of his claims. In 1923, the D'Autermont boys robbed a train in the Sikiyou Mountains, killing several railroadmen. According to Franklin, since the incident, trains blew their whistles as they pass the penitentiary in the early morning hours, violating his "right to public piece [sic]." The judge found that "Even assuming the railroads do carry on such a heinous practice, it would not violate one of Franklin's federally protected rights."
* He sued "Ronal Regan and his constiuants [sic]" for $8.9 million for "violation of undue restraint" in connection with an Oregon seatbelt law. he believed the law was underinclusive because it did not apply to bicycles and horses as well as cars.
* He complained that he lost sleep on three occasions because the penitentiary's steam heater pipes snap and pop, and that he endured "Harassment by Water" because the prison authority's over-watering of the prison yard in the summer made it difficult for him to find a dry place to lie down.
* He claimed the pentitentiary's cleanliness rules violated his "constitutional right to accumulate an unlimited number of newspaper clippings."
* Franklin was also a reformer, suing Oregon's governor, attorney general, legislators, and judges for failing "to pass Legislation which would keep our System such as The Courts, &/or Jails from being so corrupt."
* He complained that the penitentiary food service bakes desserts in aluminum rather than stainless steel pans, and that he could not eat from aluminum pans because the "scrapings" from the pans would "settle in [his] Human Joints."
Thursday, October 18, 2007
Thursday, October 11, 2007
Frivolous Legal Actions
* (U.S. v. Bottoson): Bottoson, convicted of federal firearms charges and postal fraud, and faced state court charges for the kidnapping and murder of a female postal employee. The defendant sought post-conviction relief in the federal court, and in a letter to the court said: "This defendant is accused of murder in the state of Florida, this defendant goes to a church which believes in the raising of the dead, which is the defendants right under the Constitution of the United States. This defendant wrote a letter ... stating his religious belief that if the body of the deceased [postal employee] were to be taken from the ground and brought into the defendants church the Lord of life would bring back the deceased. ... The defendant feels his 'Religious Freedom' under the constitution were violated, anyone has the right to his/her own belief under Freedom of Religion. Defendant now asks this court to uphold his rights under the constitution of the United States."
* A suit by a prisoner who claimed that the Department of Corrections planted an electronic device in his brain. (Calif.)
* (Moody v. Miller): A Texas inmate filed twenty-two complaints, alleging civil rights violations, including violations of his right to use the telephone, his right not to be required to walk barefoot across a cold floor, his right not to be issued pants that are too small.
* A suit by Lee Barnett challenging the stamping of his mail to indicate it was sent from a state prison. (Calif.)
* A Georgia inmate filed petition alleging that he was a victim of a "Behavior Modification Program" conducted by the prison, and that the "controlling system is a watchful eye of the State through electronic suveillance of the human body ..." The system, he claimed, "combs" his body and "wantonly monitors and picks up sounds and voices, but is also tuned directly to plaintiff's brain." The plaintiff sought $500,000 in damages, claiming the State had "no right without any permission from plaintiff to probe his mind and body with electric current or parabolic sound waves." (Jones v. Ault)
* A prisoner in Idaho filed suit after guards refused to "tidy up" his cell after a search.
* (Gordon v. N.J.): The Inmate, a "certified candidate for the office of President of the U.S." filed suit claiming "that he was unlawfully arrested in December 1975 while campaigning in the New Hampshire primary, and unlawfully jailed until March 15, 1976, and accordingly claimed that the 1976 presidential election was fraudulent and that new "legal" elections had to be held for the office of President. He also claimed that "Had there been a free legal 1976 Presidential election, he would now be the President."
* Beaty v. Bury: A death-row inmate sues corrections officials for taking away his Gameboy electronic game. (Arizona)
* (Demos v. Kincheloe...): This inmate filed 184 separate actions in a little more than three yearsincluding ones alleging: all Washington State law is unconstitutional because statutes subsequent to the 1881 code were not ratified by Congress; a claim for damages because prison guards refused to address him by his Islamic name; a request to require Congress to redraft language in the Declaration of Independence; a claim of unlawful discrimination on the basis of sex because the State would not honor his request to be transferred to an all-women correctional institution; and a claim that the U.S. Treasury Dept violated his civil rights by discontinuing the practice of backing treasury notes by silver.
* Trice v. Reynolds: Ex-chef sues because the food was bad, yet he wanted bigger portions. (Oklahoma)
* Searight v. N.J.: Searight claimed he was taken to the Eye, Ear and Speech Clinic, where the State of New Jersey unlawfully injected him in the left eye with a radium electric beam, and that someone now talks to him on the inside of his brain. He sought $12 million in damages
* Murderer sues for $25,000, claiming a "defective" haircut resulted in lost sleep, headaches, and chest pains. (New York)
* Sir Keenan Kester Cofield an Alabame inmate was creative. Besides filing over a hundred actions against prison officials in various Alabama courts.. One court said "Cofield is an overly litigious fellow. Among the many suits he has brought from his jail cell are suits against both McDonald's and Burger King for using pork fat in the oil used to fry french fried potatoes, thereby poisoning his body, mind and soul. He has brought at least three libel actions against various newspapers for prematurely printing his obituary. He also brought an action against Coca-Cola alleging that a bottle of Coke he drank was filled with ground glass. He has threatened or sued various restaurants in various cities alleging food poisoning; it was later discovered that Cofield was incarcerated at the time he supposedly was eating in these restaurants."
* A suit by a prisoner who claimed that the Department of Corrections planted an electronic device in his brain. (Calif.)
* (Moody v. Miller): A Texas inmate filed twenty-two complaints, alleging civil rights violations, including violations of his right to use the telephone, his right not to be required to walk barefoot across a cold floor, his right not to be issued pants that are too small.
* A suit by Lee Barnett challenging the stamping of his mail to indicate it was sent from a state prison. (Calif.)
* A Georgia inmate filed petition alleging that he was a victim of a "Behavior Modification Program" conducted by the prison, and that the "controlling system is a watchful eye of the State through electronic suveillance of the human body ..." The system, he claimed, "combs" his body and "wantonly monitors and picks up sounds and voices, but is also tuned directly to plaintiff's brain." The plaintiff sought $500,000 in damages, claiming the State had "no right without any permission from plaintiff to probe his mind and body with electric current or parabolic sound waves." (Jones v. Ault)
* A prisoner in Idaho filed suit after guards refused to "tidy up" his cell after a search.
* (Gordon v. N.J.): The Inmate, a "certified candidate for the office of President of the U.S." filed suit claiming "that he was unlawfully arrested in December 1975 while campaigning in the New Hampshire primary, and unlawfully jailed until March 15, 1976, and accordingly claimed that the 1976 presidential election was fraudulent and that new "legal" elections had to be held for the office of President. He also claimed that "Had there been a free legal 1976 Presidential election, he would now be the President."
* Beaty v. Bury: A death-row inmate sues corrections officials for taking away his Gameboy electronic game. (Arizona)
* (Demos v. Kincheloe...): This inmate filed 184 separate actions in a little more than three yearsincluding ones alleging: all Washington State law is unconstitutional because statutes subsequent to the 1881 code were not ratified by Congress; a claim for damages because prison guards refused to address him by his Islamic name; a request to require Congress to redraft language in the Declaration of Independence; a claim of unlawful discrimination on the basis of sex because the State would not honor his request to be transferred to an all-women correctional institution; and a claim that the U.S. Treasury Dept violated his civil rights by discontinuing the practice of backing treasury notes by silver.
* Trice v. Reynolds: Ex-chef sues because the food was bad, yet he wanted bigger portions. (Oklahoma)
* Searight v. N.J.: Searight claimed he was taken to the Eye, Ear and Speech Clinic, where the State of New Jersey unlawfully injected him in the left eye with a radium electric beam, and that someone now talks to him on the inside of his brain. He sought $12 million in damages
* Murderer sues for $25,000, claiming a "defective" haircut resulted in lost sleep, headaches, and chest pains. (New York)
* Sir Keenan Kester Cofield an Alabame inmate was creative. Besides filing over a hundred actions against prison officials in various Alabama courts.. One court said "Cofield is an overly litigious fellow. Among the many suits he has brought from his jail cell are suits against both McDonald's and Burger King for using pork fat in the oil used to fry french fried potatoes, thereby poisoning his body, mind and soul. He has brought at least three libel actions against various newspapers for prematurely printing his obituary. He also brought an action against Coca-Cola alleging that a bottle of Coke he drank was filled with ground glass. He has threatened or sued various restaurants in various cities alleging food poisoning; it was later discovered that Cofield was incarcerated at the time he supposedly was eating in these restaurants."
Thursday, October 4, 2007
This was actually said in court...
Question 1.
Q: What is your date of birth?
A: July 15th
Q: What year?
A: Every year.
Question 2.
Q: What gear were you in the moment of impact?
A: Gucci sweets and Reeboks.
Question 3. Q: This myasthenia gravis, does it affect your memory
A: Yes.
Q: And in what ways does it affect your memory?
A: I forget.
Q: You forget. Can you give us an example of something that you have forgotten?
Question 4. Q: How old is your son, the one living with you?
A: 38 or 35, I can't remember which.
Q: How long has he lived with you?
A: 45 years
Question 5.
Q: What was the first thing your husband said to you when he woke that morning?
A: He said "Where am I, Cathy?"
Q: And why did that upset you?
A My name is Susan.
Question 6.
Q: And where was the location of the accident?
A: Approximatly milepost 499.
Q: And where is milepost 499?
A: Probably between milepost 498 and 500.
Question 7.
Q: Sir, What is your IQ?
A: Well, I can see pretty well, I think.
Question 8.
Q: Did you blow your horn or anything?
A: After the accident?
Q: Before the accident.
A: Sure, I played for ten years. I even went to school for it.
Question 9.
Q: Do you know if your daughter has ever been involved in voodoo or the occult?
A: We both do.
Q: Voodoo?
A: We do.
Q: You do?
A: Yes, Voodoo.
Question 10.
Q: Trooper, when you stopped the defendent, were you red and blue lights flashing?
A: Yes
Q: Did the defendent say anything when she got out of her car?
A: Yes sir
Q: What did she say?
A: What disco am I at?
Question 11.
Q: Now doctor, isnt it true that when a person dies in his sleep, he doesnt know about it until the next morning?
Question 12.
Q: The youngest son, the 22 year old, how old is he?
Question 13.
Q: Were you present when your picture was taken?
Q: What is your date of birth?
A: July 15th
Q: What year?
A: Every year.
Question 2.
Q: What gear were you in the moment of impact?
A: Gucci sweets and Reeboks.
Question 3. Q: This myasthenia gravis, does it affect your memory
A: Yes.
Q: And in what ways does it affect your memory?
A: I forget.
Q: You forget. Can you give us an example of something that you have forgotten?
Question 4. Q: How old is your son, the one living with you?
A: 38 or 35, I can't remember which.
Q: How long has he lived with you?
A: 45 years
Question 5.
Q: What was the first thing your husband said to you when he woke that morning?
A: He said "Where am I, Cathy?"
Q: And why did that upset you?
A My name is Susan.
Question 6.
Q: And where was the location of the accident?
A: Approximatly milepost 499.
Q: And where is milepost 499?
A: Probably between milepost 498 and 500.
Question 7.
Q: Sir, What is your IQ?
A: Well, I can see pretty well, I think.
Question 8.
Q: Did you blow your horn or anything?
A: After the accident?
Q: Before the accident.
A: Sure, I played for ten years. I even went to school for it.
Question 9.
Q: Do you know if your daughter has ever been involved in voodoo or the occult?
A: We both do.
Q: Voodoo?
A: We do.
Q: You do?
A: Yes, Voodoo.
Question 10.
Q: Trooper, when you stopped the defendent, were you red and blue lights flashing?
A: Yes
Q: Did the defendent say anything when she got out of her car?
A: Yes sir
Q: What did she say?
A: What disco am I at?
Question 11.
Q: Now doctor, isnt it true that when a person dies in his sleep, he doesnt know about it until the next morning?
Question 12.
Q: The youngest son, the 22 year old, how old is he?
Question 13.
Q: Were you present when your picture was taken?
Thursday, September 20, 2007
Said in court...
Question 1. Q: You say the stairs went down to the basement?
A: yes
Q: And these stairs, did they go up also?
Question 2. Q: Mr. Slatery, you went on a rather eleborate honeymoon, didnt you?
A: I went to Europe, Sir.
Q: And you took your new wife?
Question 3. Q: How was your first marriage terminated?
A: By death.
Q: And by whose death was it terminated?
Question 4. Q: Is your appearance here this morning pursuant to a deposition notice which I sent to your attorney?
A: No, this is how I dress when I go to work.
Question 5. Q: Can you describe the individual?
A: He was about medium height and had a beard.
Q: Was this a male or female?
Question 6. Q: Doctor how many autopsies have you performed on dead people?
A: All my autopsies are performed on dead people.
Question 7. Q: All your responses must be oral, OK,? What school did you go to?
A: Oral
Question 8. Q: Do you recall the time you examined the body?
A: The autopsy started around 8:30 p.m.
Q: And Mr. Dennington was dead at the time?
A: No, he was sitting on the table wondering why I was doing an autopsy.
Question 9. Q: Are you qualified to give a urine sample?
Question 10. Q:Doctor, before you performed the autopsy, did you check for a pulse?
A: No.
Q: Did you check for blood pressure? A: No. Q: Did you check for breathing?
A: No.
Q: So it was possible that the patient was alive when you began the autopsy?
A: No.
Q: How can you be so sure, Doctor? A: Because his brains was sitting on my desk in a jar.
Q: But could the patien have still been alive nevertheless?
A: It is possible that he coulkd have been alive and practicing law somewhere.
Question 11. Q: How many times have you committed suicide?
Question 12. Q: So the date of conception (of the baby) was August 8th?
A: Yes.
Q: What were you doing at the time?
Question 13. Q: She had three children right?
A: Yes.
Q: How many were boys?
A: none.
Q: Were there any girls?
A: yes
Q: And these stairs, did they go up also?
Question 2. Q: Mr. Slatery, you went on a rather eleborate honeymoon, didnt you?
A: I went to Europe, Sir.
Q: And you took your new wife?
Question 3. Q: How was your first marriage terminated?
A: By death.
Q: And by whose death was it terminated?
Question 4. Q: Is your appearance here this morning pursuant to a deposition notice which I sent to your attorney?
A: No, this is how I dress when I go to work.
Question 5. Q: Can you describe the individual?
A: He was about medium height and had a beard.
Q: Was this a male or female?
Question 6. Q: Doctor how many autopsies have you performed on dead people?
A: All my autopsies are performed on dead people.
Question 7. Q: All your responses must be oral, OK,? What school did you go to?
A: Oral
Question 8. Q: Do you recall the time you examined the body?
A: The autopsy started around 8:30 p.m.
Q: And Mr. Dennington was dead at the time?
A: No, he was sitting on the table wondering why I was doing an autopsy.
Question 9. Q: Are you qualified to give a urine sample?
Question 10. Q:Doctor, before you performed the autopsy, did you check for a pulse?
A: No.
Q: Did you check for blood pressure? A: No. Q: Did you check for breathing?
A: No.
Q: So it was possible that the patient was alive when you began the autopsy?
A: No.
Q: How can you be so sure, Doctor? A: Because his brains was sitting on my desk in a jar.
Q: But could the patien have still been alive nevertheless?
A: It is possible that he coulkd have been alive and practicing law somewhere.
Question 11. Q: How many times have you committed suicide?
Question 12. Q: So the date of conception (of the baby) was August 8th?
A: Yes.
Q: What were you doing at the time?
Question 13. Q: She had three children right?
A: Yes.
Q: How many were boys?
A: none.
Q: Were there any girls?
Sunday, September 16, 2007
Dead!
A law firm receptionist answered the phone the morning after the firm's senior partner had passed away unexpectedly. "Is Mr. Smith there?", asked the client on the phone. "I'm very sorry," the receptionist answered, "but Mr. Smith passed away last night." "Is Mr. Smith there?", repeated the client. The receptionist was perplexed. "Perhaps you didn't understand me, I'm afraid Mr. Smith passed away last night." "Is Mr. Smith there?", the client again asked. "Ma'am, do you understand what I'm saying?", said the exasperated receptionist, "Mr. Smith is DEAD!" "Oh I understand you perfectly," said the client, "I just can't hear it often enough."
Thursday, September 13, 2007
Dumb City Laws in Colorado
Alamosa
1. Throwing missles at cars is illegal.
2. Keeping a house where unmarried persons are allowed to have sex is prohibited.
3. To own a dog over three months of age, one must obtain a license.
4. Persons may not urinate in public.
Arvada
5. Establishments which sell alcohol must have enough lighting to read text inside them.
Aspen
6. Catapults may not be fired at buildings.
Boulder
7. It is legal to challenge a police officer, but only until he or she asks you to stop.
8. It is illegal to permit ones llama to graze on city property.
9. Boulders may not be rolled on city property.
10. Couches may not be placed on outside porches.
Colorado Springs
11. It is permissable to wear a holstered six-gun within city limits, except on Sunday, Election Day, or holidays.
Cripple Creek
12. It is illegal to bring your horse or pack mule above the ground floor of any building.
Denver
13. The dog catcher must notify dogs of impounding by posting, for three consecutive days, a notice on a tree in the city park and along a public road running through said park.
1. Throwing missles at cars is illegal.
2. Keeping a house where unmarried persons are allowed to have sex is prohibited.
3. To own a dog over three months of age, one must obtain a license.
4. Persons may not urinate in public.
Arvada
5. Establishments which sell alcohol must have enough lighting to read text inside them.
Aspen
6. Catapults may not be fired at buildings.
Boulder
7. It is legal to challenge a police officer, but only until he or she asks you to stop.
8. It is illegal to permit ones llama to graze on city property.
9. Boulders may not be rolled on city property.
10. Couches may not be placed on outside porches.
Colorado Springs
11. It is permissable to wear a holstered six-gun within city limits, except on Sunday, Election Day, or holidays.
Cripple Creek
12. It is illegal to bring your horse or pack mule above the ground floor of any building.
Denver
13. The dog catcher must notify dogs of impounding by posting, for three consecutive days, a notice on a tree in the city park and along a public road running through said park.
Saturday, September 8, 2007
Emergency!
A lawyer phoned the governor's mansion shortly after midnight. "I need to talk to the governor, it's an emergency!" exclaimed the lawyer. After some cajoling, the governor's aide eventually agreed to wake him up. "So, what is it that's so important that it can't wait until morning?" grumbled the governor. "Judge Brown just died, and I want to take his place," pleaded the attorney. "Well, its Ok with me if its Ok with the mortuary," came the reply.
Subscribe to:
Posts (Atom)