Yet Another Day At Moyer's "Kalfa's Lunch Cafe"

[Editor's Note: Kalka is the last name of a eastern european writer who wrote
in the strange brave new world of eastern european soviet police state dominination and how wierd certain linguistics and legal phrases could be so well molded by those modern nation state leaders to make what was simply intollerable and completely inhuman, seem so humane and perfectly agreeable to the human mind and sensibilities...

He is often also quoted by many legal and judicial opinions for what is commonly
considered the strange paradox of having a system seemingly stand for liberty, the rights of man and the due process of law but is actually usurped, subverted and co-opted by those very leaders and 'chief officials' of the same system who understand exactly how to manipulate and just how far to go in order to appear justified in manipulating a certain legal form of positivism, moulding its veneer so as to promote a "sort of appearance of justice"....but in reality is but a shiboleth or mere form over substance of what such a system is truly masking , which underneath is a very false and merely thin-skinned but almost imperceptable
...totalitarianism.

The following little creative quasi fictional account of a given "lunch counter" conversation at 65 South Front street Colulumbus offices where the Ohio Supreme Court rests in state, would make even Kalka himself...proudly smile...we believe, who work for Supreme Lies....listen in...]

Byline: Ludite Towers Score Yet Another Victory Over A People's Attorney

Today, the Supreme Court fully entered yet another level of its own very spacious Kalfequesque cafe...when it simply denied Attorney Richard A. Olivito his pro se motion for a reasonable continuance supported directly and in very well written opinion letter authored by a professional colleque, medical doctor and lawyer friend and fellow co counsel on several key civil rights cases, who has written to Chief Justice Moyer in a six page letter something that is so direct, so clear, and so truthful yet mild and non reactionary, that even the most vocal foaming at the mouth kinds of "original intenters/manic republican" jurist...

...would have to consider taking a valium in its afterglow just to be able to better discern its well stated if not somewhat lengthy content...

Nonetheless, such objective, dispassionate, true medical professional
based opinions and related intellectual discourses are not to found into the otherwise dark and murky world of a Supreme Court Case's docket,
in Columbus.

In this cafe, no such reason and light will be allowed onto the record, controlled
as tight as a salem witch gathering in 1700's, by the Chief among us who
for some reason, has forgotten his role in the multi layered scheme of
lawyer disciplinary cases and has taken this one up close and personal...it appears...

Chief Moyers is his royal stature, as king among us lowly lawyers, is attempting
to have the non medical opinion of his well paid, but rather aged first assistant
disciplinary counsel, whose youth is withering this year, as the leaves are falling, this fall, take precedence and stand for more than that of a well known, nationally traveled and highly respected medical doctor-lawyer's opinion letter when it comes to
the debate over whether or not, richard olivito is nuts or not.

This debate "among the lunes" is taking center stage soon, at 65 South Front Street
at the old industrial troglodite ludite building that now houses the equally ferociously silly and stupid republican party's last bastion in the midwest bellweather's state as large and fertile as Tom remains, in ohio's center, for all grangers and masons and insurance insurance lobbyists who love their Noe living large mores more than life itself.

Soon, we will see the true muscular neo con Ohio movement taking and making
puddy of one its most outspoken, if not idly brilliant but "on the edge of reality" solo lawyers in all of eastern Ohio.


What is normal ? will be the issue at bar and Tommy Boy jean plans to let every lawyer know exactly what He SAYS GOES as far as what sanity's limits will forever and ever be allowed to be as a member of the Bar Association of Ohio...

Reason itself is on trial and the life of one very poor and downtrodden individual's solitary march against the tides of not just eastern's ohio's bad police officers actions but their historical contribultion to the notion that America is quite distinct and separate from its state ideals, as a nation, as it ever were...

it appears today, the Ohio Supreme Court acts as though it were the early 1800's, and not the early 2000's....

Moyers plans to say soon to Richard Olivito, "you're not a man, but only 2/3 human and therefore, in our dawrinian republican movement, you're defective, even if, my favorite gestepo clerk does not have a medical degree whatsoever...to her pedigree...{ms. brown} She's bull enough for me, and that's all that matters", say's Moyer who loves it when lessor gods try to impose their will against his major one...

"What I say goes, and this goes also as far as what human sanity is, as far as I am concerned"

And, in true Duvallian fashion, Moyer's was overheard at another disciplinary hearing...Moyer's recently caused a stir among reporter by stating to another justice at yet another solo lawyer's disciplinary counsel hearing:

"dont' you love the smell of dead lawyer brains in the mornin'"

Moyer's will set the standard in this case for the most adjectives ever used in describing a mentally ill lawyer, who has never seen a shrink much less been diagnosed by one but Moyer's clone groupies themselves...

"A real medical doctor's opinion who happens to work w/ Olivito on successful civil rights clients cases, means nothing to me....

"NO Southern white guy is going to come to Ohio and tell this grand marshal how to run this court..." Moyer was overheard telling a clerk...while reading the six page typed letter from the associate of the American College of Medicine, "Isn't this some swampy, southern sucessionist...bull...." he observed.

"Hell, moyer's adds, "they're just crazy done there in that state of Charleston South Carolina,"

This is the state where Olivito's recent strongly self expressed legal representative and willing medical advisor and fellow co-counsel on various federal civil rights cases hails from...



"What matters is what Tommy Boy Geans says about a lawyer who serves in my domain ...and no goddammed medical doctor is going to come to my house and tell me who and who isn't crazy in my neighborhood...said the Chief, just before he told his clerk of court
to not accept the good doctors six page well written letter about Olivito's legal abilities and background and his current ability to actually represent clients today and win significant legal victories inside some of the most complex, if not intense litigation occuring anywhere in the United States today.

"Hell, this cafe is closed"...Chief Moyers said, speaking in low tones about his Kalfa cafe at the basement of the ludite building where the republicans are more under pressure there than that of the U.S. soldiers and commanders are in the Green Zone.

"And what do I need with a medical doctor/lawyer's opinion letter about Mr. Olivito when I have this nice, obedient funtionary telling me, all what I want and need to hear?", he concluded.

Continuing on, about this letter which obviously upset the Colonel like figure

"And just when in Ohio 's [Supreme Court] history did we ever hold forth that the rule of law meant that we had to listen to true academics, and true professionals in their chosen fields?
To suggest the same is to say, Taft and McKinley had no right to invade all those little countries back in the glory days of the republican party of Ohio...", Moyers added.

"What the hell..." Olivito was himself heard saying...at the end of a day, inside yet
another bizarre supreme experience he's had, while visiting the basement Kalfa cafe in the big white mable institutional building that he now sees more as a modern archetecturual tribute to someone at the supreme court's ancient echoes of one major politico's egoist subconcious phalic worship than man's pursuit of justice reaching towards the heavens ...

"This place is just CrAzi" Olivito was last heard saying...quoting his favorite former SNL host's favorite line, as Moyers prepared his men in white robes [sans their hoods] to take Olivito and remove him from the Kafka cafe and ludite towers...

"...forcibly remove him to the second level basement bottom of the ludite capital building near the Scioto..." were the invisible black robed Colonel Kurtz's dictator like instructions to his minions... ..."do it NOW!" he shouts....

"And don't let him dare file that $%^& letter from that doctor he found
somewhere down there in the swamps where Sherman kicked their asses..."
Ohio's Chief legal officer added.

The question remains, what will become of the next daring little solo who dares to
tell Moyer that he ought to actually consider something resembling the truth about his
life and a real medical doctors opinions when discerning whether or not a lawyer who serves
on Moyer's plantation is truly mental or not...

"We in Ohio, like them in Texas, like big open spaces and large things...and we love our opinions to be just a large and vacant as my mind....in this way, we are unclouded in our dedication and purpose"....

the Colonel Kurtz [aka Apocalypse Now] like figure said, "just like King George is committed to winning this war in Iraq for freedom..."

With this, 'Colonel' Moyers walked off the court with his clerks holding back their laughter until they all closed the door behind him which are located directly behind the big bench where often times, inside the grand chief's "red room" where these same republican justices hold court every now and then and dolefully serve up dead lawyers carcasses for lunch... on certain days...

"Lori Brown is 'our man in the middle' and what she writes and says about any one
in this state's profession is as good as any ol' southerners opinion, medically
speaking or not....

Don't these jerks get it"? one Ohio Supreme Court dutiful anonymous source commented.

"How dare that Olivito bring some little southern medical doctor who claims to be
a lawyer too into our state court and tell us who and who isn't mentally ill!", retorted
another angry young Nazi youth like clerk. while crossing his legs....tightly.

Indeed, even the waitresses at the Kalfka basement cafe, at the ludite headquarters
were overheard, this past week, wondering out loud just how a medical doctor's opinion would be totally ignored by the grand white people's council...in Ohio's farm boy capital.

Yet, at the end of the day, they knew better, and as they filed out of the mezzanine
white ludite office tower, the skies overhead were just that much more grey and grimfaced, for all those at the center of all things,

....tonight...no one wants to speak a word out of line, since the Colonel was still fuming over his lobbyist purchased dinner...

"I just wish we could pave our streets with the dead solo lawyer's a...a...livelihoods" Moyers stated to the top management at one of Columubus major law firms...as he ordered his rare argentina bred steak...

"yes, yes, we agree, ...we too chief...we too..."

"but we at least can get rid of them one at a time and you're doing a very fine job of this..." his well healed table company retorted...with a firm back slap....

"well, thankyou guys...i don't know what i would do without your support...and we at the court appreciate all your understanding...

and all your donations....." "....its just this job does not pay enough for all that i have to put up with....you know..."

moyers, sad faced, lamented...out loud...before taking his black label drink to his lips before his watching private listeners ....

"but at least we got this pesky kid olivito down there in that part of the state that is basically hillbilly...anyways... he was beginningn to cost us plenty you know in insurance premiums you know...bad for business...." said one dutifully observant fellow corporate type...

"its just just democrats and queers occupy that area, you know..." moyers then gushed, only half heartedly holding back his laughter with a broad smile, to his now also laughing captive top heavy, dinner guests...

"o! there you go again chief,...you ought to be a comedian guy!" said...the major managing partner from a certain law firm in akron...

"I was glad to help you on that one, chief..believe me...it almost cost me more than it was worth...but i think we at least interrupted his several serious civil cases against our friends, nicely...dont you think..?"

the managing partner...propositioned the chief...

"Yes, good job...good job" said moyers..."but then added, wrly,

"you also...almost brought the house down on us... you stupido! you better learn when to hang up a phone!!"

again, hearty laughter rolls over the table as moyers grabs the bald head of this young managing corporate law firm partner and lead republican party state lawyer...and rubs it...hard...


[this is reference to the akron corporate law firm managing partner who forgot
to hang up his three way phone call, allowing his and lori brown's ex parte conversation to be recorded on Olivito's retired dad's answering machine...a conversation which was then fully denied in writing as having never occured even though it was digitally recorded and pertained to their plans on how they were going to create the mental health motion to defame olivito and prevent his timely reapplication to the practice of law...]


o-wl !!!... says the managing partner and republican insider....


"o well, you deserved that.." moyers said...w/ a confident smile...as the table simply roared...in obedient laughter...

"next time...we'll have to work more carefully to stop this kind of thing before it ever goes that far again!" roared moyers....and you may not even make it beyond your law firm's doors before i have to consider your payment in kind, moyers said half jokingly to now turning seriously ill top partner...

"you know what al did to crappy mistake makers like you..." pointing to a hanging baseball bat at the upscale restaurant's posh but sporty environment...

and with that, a toast was held to his around the table....among all....

"here here" to CJ Tom Moyers..."the best of the best ever for our cause" all the corporate counsel in attendance said with a high intoned reverence....

"yes..yes..."

New Sixth Circuit Opinion Supports Olivito's Work on Underlying Case: Functional Ability of Olivito in Question? by Whom and Why?

Recently, the Sixth Circuit Court of Appeals upheld a lower district court ruling and opinion

which clearly favored the strong pleading, discovery and briefing that Attorney Olivito was

able to produce inside a very disturbing but real Section 1983 claim which clearly demonstrated

that the plaintiffs, a white working class family from Steubenville Ohio were entitled to

overcome the qualified immunity challenges of the local Steubenville officers when they jumped

a privacy fence, then pursued a son of the father and owner of the residence, then allegedly

struck him on the side of his temple with a mag lite flashlight three times and then once inside

the same residence, arrested the minor for underage drinking contra what they pursued him

for allegedly. The underage drinking charged had been dismissesd by the local municipal

court three years ago.

In the recently decided Thorne v. City of Steubenville Police Officers, the Sixth Circuit

strongly rejected the subsequent thirty five page appellate brief the City's insurer's defense

firm had filed stating that the lower district court got it wrong. What the Sixth held was the

case's issues of officer liability under Fourth Amendment standards were so clear and so well

delineated by the lower court after their own "extensive and careful review and a separate oral

argument" that the lower court opinion granting Attorney Olivito's original briefing a clear legal

victory on the initial summary judgment officer liability issues was sufficient to stand for their

own affirmance of the lower court on all of the most relevant claims including the improper

search and warrantless entry into a private residence's backyard, the subsequent false arrest

and the excessive force claim, which was not challenged on appeal by the city lawyers.

This legal opinion from the high appellate court in Cincinnati, represents a sweet and

particularly strong victory for the original counsel on the case's record, Mr. Olivito, who filed

the original pleadings, did all of the discovery work as lead and solo counsel on the case and then

also wrote, alone, the main summary judgment plaintiff responsive briefs on this case last year

which proved to be both very effective and sufficiently strong to overcome the serious

qualified immunity defenses that all police officers can raise and were stated and briefed by the

large insurance defense firm out of Columbus and Cleveland, Mazanec, Raskin & Ryder who

represented the City, the officers and the FOP locally for the City officers.

The opinion result is also clearly based on the hard and diligent work of Dan Thorne Sr

himself, who put much of the case's key documents together for Mr. Olivito even before he had

hired a lawyer to do the same.

Judge Marbley included as lead counsel inside his published opinion, Mr. Richard Olivito's

name as first counsel on that case's district court opinion. While noting the district court made

a technical error on applying to the officers both sets of officer immunity claims and reversing

that in part, the appellate court clearly upheld the district court's well written primer opinion on

Fourth Amendment standards, strongly vindicating both the lower district court and the

plaintiff's arguments and pleadings inside the original case filed in January of 2005.

********************************************************************************

What does this mean for the career of Attorney Richard Olivito? Only the future knows

but one thing is clear: The Supreme Court's office of disciplinary counsel chief prosecutor

Lori Brown had filed a motion in late February and then a supportive brief last March, [2007]

stating that due to certain issues in Mr. Olivito's personal life, he was "no longer capable of

functioning as a competent attorney"...

"What a deeply misguided, slanderous and serious allegation to lay at any lawyer's feet,

much less have it done by the State Supreme Court of Ohio's enforcement arm and mechanism

by its very own ethics office. I think Ms. Brown has opened herself up to a false light complaint."

What is going to be the standard applied now by the Ohio Supreme Court, who seems to

be wasting no time to somehow respond officially to this Sixth Circuit victory given the plaintiff's
original lawyer Richard Olivito who created the case, its pleadings and wholly prosecuted and

as solo lead counsel developed the record of the same to date, all just before the Ohio Supreme

Court suspended his license last summer for a year?

The outcome and the truth is yet to be seen. God literally only knows what is to come

of this unique battle and legal circmstance between Mr. Olivito and his distractors. No doubt,

Attorney Olivito has made powerful enemies among certain high political circles and some local

bar associations in this state. There are some among these who are very quick-to-

the-draw-enemies of Mr. Olivito's and his law practice who have devoted more than a passing

interest in Mr. Olivito and have spent much more than mere 'face time' with his distractors and

not a few mere dollars in investigating him, by those appointed to kill off his practice, working

for this present Supreme Court and some related special interests in this state.

These same individuals seem to love to chat with some of the more powerful political office

holders of inside this state's judiciary about the law practice of Richard Olivito in terms of his

standing within the legal system and profession of Ohio. They love to create falsehoods about

his representation of lowly clients. The are like those we have read in sunday school lessons

who in the ancient times as the Old Testament described them: "they are those who call evil

good, and good, evil...".

Whatever the outcome and the recent effort to make Olivito submit to the bizarre

request they have made regarding him submitting to a mental health evaulation sought by

by this very sick and compromised chief disciplinary counsel lawyer Ms. Brown of the

Ohio Discipilnary Counsel's office and then, dutifully 'ordered', by the seriously

compromised Akron corporate law firm and State Republican party lead lawyer, Jeff Heintz,

one thing is very clear:

The Sixth Circuit conservative judges, some from Ohio, some not, not only believed in what

the Thorne- Olivito claim had plead and developed thru hard won efforts, inside his legitimate

federal 1983 lawsuit filed on behalf of very seriously injured clients but they completely believed
strongly about what they reviewed, heard and then decided about the case, so much so they

completely affirmed the extremely favorable lower court decision regarding officer liability

in this case and let stand the district court's published opinion which was clearly endorsed

and strongly affirmed most of the work product of the plaintiff's original pre summary judgment

part of the case, over and against that of the large insurance defense firm of downtown

Columbus' lawyers who strongly opposed and challenged the plaintiff's solo counsel for the

first two years on this case every step of the way but have now come away major losers in

these all important first several rounds of such intense and complex federal litigation.

"I have to wonder, whether or not, Ohio Disciplinary Counsel Ms. Lori Brown, or David

Comstock of Youngstown and/or even the former panel chair on my present pending but

stayed disciplinary case, ever have had the opportunity to litigate such issues all the way

through the highest federal appellate courts and yet win within such complex federal litigation

with the kind of well- funded, deep pocket opposition that we have had to face in terms of

this particular kind of Thorne case.

I have, very fortunately and for a lot of reasons, which relate to the careful choosing of the

claims I take and the underlying strength of the client's case and by God's grace, literally, and

now we have overcome. If any such counsel [have ever done this type of litigation] then they

ought to know for certain, I am quite capable of functioning fully as a lawyer for anyone who

wants to chance me with their federal civil rights claim based on Fourth and Fourteenth

Amendment violations.

If not, then they need to sit back, take a breath and just truly ponder what they are foolishly

stating about a fellow lawyer who has run circles around several major defense firms, both in

Cleveland and now in Columbus, by himself, on a shoe string budget armed only with the truth,

the records of his client's cases and his own astute experience and knowledge of a very rarified

and often not truly utilized by average lawyers, field of federal litigation, reserved for only

those who would dare to take on their local cities and municipalities and their local police chief's

and.......win...the most important legal arguments pertinent to such heavy litigation....at the

highest possible courts in the entire midwest region we're operating within."

"This result ought to stand for something in light of all that has been alleged against me by

these out of control and truly biased 'ethics' lawyers who along with this present all republican

FOP endorsed Supreme Court of Ohio which seems more bent on harming my reputation and

the cause of my innocent clients than they are protecting the public and/or promoting the truth

about my actual abilities as a winning advocate -lawyer on behalf of my various serious civil

rights clients, along with their very serious federal constitutional claims."