Thursday, July 13, 2017

Bill White Legal Update

 
[Now that Bill no longer seems to have any attorney or legal assistance at all, this is what he spends his time doing. I am in awe of this man's absolute refusal to give up and surrender to despair. - HAC] 
 
Hello all:
 
For seventeen months, I have been trying to serve the U. S. Marshals with a Federal Tort Claim form. Today, days after the filing of my second lawsuit in this matter (due to court error,) I finally got them to acknowledge receipt.
 
This saga really starts back in 2014, when I was tortured in the John E Polk Correctional Center by the Seminole County sheriff, then Donald Eslinger.  I wrote to the U. S. Marshals several times for administrative remedy on the civil rights violations and they refused to answer. The judge in that case has not exactly been friendly, and so far has dismissed the case three times. Not getting it the first two times, I am currently in the Eleventh Circuit on the third dismissal, waiting for an order reinstating it. The district judge's finding that the appeal was frivolous was overturned December 20th, 2016. The appeal itself has been pending 16 months, with 19-21 months being about the average time that the Eleventh Circuit takes on civil appeals.
 
So, after being diagnosed in February 2016 with Post Traumatic Stress Disorder and RES ("Restricted Environmental Stimuli")-related neurological damage from having been tortured and negligently exposed to RES and other traumatic stress, during a continuing course of conduct from 2008 to June 2015 (the continuing course of conduct is soon to be expanded,) I began attempting to serve the U. S. Marshals Service with a tort claim form. 
 
Turns out the address that the U. S. Marshals publishes for tort claims is not correct. In fact, if I am to believe the post office, no address published by the U. S. Marshals as their headquarters or mail processing center, is correct.  So I have four returned packages from the U. S. Marshals sitting in my locker stating that they were refused "recipient unknown."
 
The Bureau of Prisons also originally ignored me, and having no administrative remedy available I filed suit in August 2016.  The claim was for continuing torts of torture, negligent and intentional infliction of physical injury, negligent and intentional infliction of emotional distress, general negligence and breach of duty of care, and loss of normal life. 
 
Soon after I filed suit, the BOP responded to its tort claim, denying it. The judge then took my tort claim and refused to consider the amendment claiming that it wasn't underlined properly, turned it into to torts related to the Constitutional claim already pled, and denied it sua sponte for failure to exhaust administrative remedy -- remedy that was not available. 
 
I timely moved to alter or amend judgment with a properly underlined administrative complaint, and an affidavit of exhaustion of administrative remedy in November 2016.  For eight months now, the court has ignored me. This is the same court that "forgot" to screen two of my FOIA cases for ten months, then sent me orders apologizing for the error and ordering the cases served last month.
 
Though the court was wrong, I also refiled administrative remedy on December 14, 2016. To the administrative remedy, I attached the same amended complaint that I sent to the court.  The BOP received this complaint, processed it, and tried to claim that it was denied for lack of jurisdiction, saying that I should have known of my physical injuries -- RES-related brain damage -- years ago.  Of course, the law in the Seventh Circuit says that the time to file is tolled for an internal injury until a doctor diagnoses it, so this will not get them far. The USMS, however, never responded.
 
So two weeks ago I refiled my tort claim, attaching to it a Motion for Joinder with the prior claim, and reminding the court for a second time that it "forgot" to exercise jurisdiction on my original Motion to Alter or Amend.  I noted that I had made five attempts to serve the U. S. Marshals with a tort claim, and that they had not only ignored all five but returned four of them with a note saying that they didn't know who this person "Glenn Auerbach," their own General Counsel, was.
 
Now today, suddenly I get a letter from the U. S. Marshals Service.  It is dated July 6, 2017.  It claims that they received my tort claim dated December 14, 2015 and originally mailed in February 2016, on January 5, 2017.  And they claim they somehow did not receive the medical report that was attached to it -- though the Bureau of Prisons, who received the same claim, did. 
 
So, with one day of their six months remaining, they are claiming that the remedy was deficient, that I have 30 days to send them the medical report, and that they get another six months to respond.
 
Fortunately, since there are multiple agencies involved, this is not the law, and this will not help them much. The Bureau of Prisons was required to forward a copy of the complaint on to the U. S. Marshals Service since the complaint described acts committed by the U. S.Marshals Service, and the BOP denial of the complaint constitutes denial for the U. S. Marshals Service as well. Thus, as long as I served one agency I served every agency named in the complaint, an the extra services were gratuitous courtesy services.
 
However, I strongly suspect that the U. S. District Court is going to toss me out, again, for no intelligible reason, and that I will 12 months from now still be wrestling with all of this, just trying to get this case past square one. The issue, of course, is that the dictatorship is guilty, and that they know that they are guilty, and they are doing everything bureaucratically possible, in conjunction of course with an indulgent U. S. district judge, to make me go away.
 
But, at least, now, after 17 months with this form, and about three years overall of the U. S. Marshals Services ducking service, I have finally managed to get them served.

-Bill


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