The Republican Supreme Court of Ohio showed its true colors this past Spring in a series of decisions that have left the average worker weaker, the injured person much more vulnerable and the Corporate law firms taking another sip on their Moat...as they sail safely off to another round of record breaking corporate profits and liability shrinkage...
all thanks to their handsome donations they made to this all republican supreme court, save one, now that Tommy took the big dirt nap... just as these decisions became public...
what a shame he isn't around to obtain his 30 yr retirement ring from the big boys and girls of Ohio's corporate law firms...
too bad...maybe he can speak from the grave and simply give a shout out ...to them for all their great money donations now to his insurance rich and heavily titled court....after all, its the work tommy hath made!!!! what a legacy to Mammon!!!!
Monday, June 14, 2010
Wednesday, June 24, 2009
Massey Case Sends Powerful Message to Courts like Ohio's Republican and Special Donor Dominated High Court
The Massey Energy v Caperton case, is a significant Due Process and game changing case recently decided by the U.S. Supreme Court, in part, due to the award winning article written by Adam Liptak of the New York times regarding the Ohio Supremes.
Like most major impacting cases, affecting the state of the judiciary in states like Ohio and America in general, this case due to certain business ties, is being made all too soon, invisible, if not, safely, forgotten by most major media in the State of Ohio and beyond. Perhaps, it may be they just don't wish to face the stark reality that justice in America, for some time, now, has not been the thing of what most American's are led to believe by various sectors including the media and by some measure of expense, the high court's themselves often portray and try to make people still believe what it isn't.
In part, it may be also, major media corporate interests don't want to turn a true investigative eye on the serious corrupting and affecting interests who hold such all too obvious sway over the present Supreme Court of Ohio and numerous other states high courts, even when a paper like the New Times and well documented evidence, from judicial Center's are willing to put some substance to the issue and to provide at least, some political cover over any would be true investigative effort about the serious bad influence and bribery of high court officials in Ohio and elsewhere by large donor law firms, chamber of commerce interests and other significant special interests with business to get done at this level of operations and government.
The Caperton/Massey Case indicates, there may be an end point at which major donor funding for major supreme court races, like those in Ohio for the past eight years, is to be perceived within the context of a Constitutional level violation terms. In fact, such a violation of major donor special interest funding over such high courts and their actions and decisions, is truly a civil rights type of 14th Amendment Due Process violation as per the arguments for the Caperton side has argued, for those affected citizens and individuals and party litigants who have been so adversely impacted by powerful donor groups and interests who have conspired with the republican party across the State of Ohio, West Virginia, Indiana and others to ensure justice is always firmly dispensed, in a "philosophical" favor or "bent" towards those interests who have the deepest pockets, both on the bench and those who are willing to fill those pockets of those whom serve on the bench...again, both here in Ohio as it has been for the past eight years and among numerous other states.
NOW, in light of Caperton, we need as individuals and groups to not allow the elites of a particular legal profession, or subgroup such as judiciary formed committees who already are all too well entrenched to begin to make the new rules regarding when a justice must recuse themselves given the corporate or major donor special interests are helping to pave the way for a results oriented "philosophical" outcome based series of decisions.
What instead, is needed and required, is an independent, objective "policy" for the various states when such decision, that will be responsive to the will of the people, given such a set of rules, will clearly directly affect every citizen and ordinary individual who may appear before such courts and whom, least we forget, are by definition, the true power of this supposed democratic experiment we refer to as the United States of America.
In one way, we need to immediately ask of ourselves, why do the people of our nation, continually default their rights and their voice and power to the special interests and those who are most closely aligned with the same over the most basic functions of a governmental branch as critical as the judicary?
Could it be, at least, in part, because the media in affected states, like Ohio and elsewhere, don't truly wish to report the impact and the possibilites of what can change if we would educate our common populations and the people across such states and America itself, on the impact and the consequence of major donor money
on today's various high courts? Could it also be reported that the people's courts, are not exactly run for and by the people, today, if in fact, they ever truly were in the past 120 years.
To this end, the Midwest Center is focusing its immediate attention on making known the strong message of the recent Massey v. Caperton decision and the unique status now left to the states, the various courts in the wake of Massey and to assist to raise awareness, that the people of the states are to have a key and strong voice, in recreating the standards and 'floor' for when and whether a justice can be perceived as being someone overinvolved in less than an objective impartial form of justice, and/or is in fact, engaging, individually or as a whole in nothing but crass political and personal 'self dealing' ...when it comes to serving on the high courts, and deriding, the interests of the people and those ordinary citizens, and advocates, who often, have to appear in front of them.
We need to stay engaged even with the solid positive result of the Caperton case. Its not as complete as nor an absolute clear victory for those of us who have been watching and dealing with the issue for the past three or more years.
Yet, it will be a solid guide, even as we think it not as strong as we believe it ought to have been, given the four republican conserivate major [major donor] votes on the Supreme Court. Given Justice Kennedy's and the more moderate to liberal four others willingness to shift the paradigm of major donor interests among state high courts, in terms of viewing such a challenge as one clearly implying a Constitutional Due Process clause level violation, if even ever so slightly, the basic hands off or 'laize faire' approach of a former finanicial capitalistic approach to electing overly biased state supreme court justices, as happened in the West Virginia based Caperton case's purchasing of a seat, to get "results driven" outcomes, is probably a thing of the past.
Furthermore, advocates, court watchers and the citizens of our states, have to make it clear that the Court's recent decision has in fact, changed the rules of game, when it comes to the major donor funding of courts like Ohio's all republican major money bought and conglomerate mobbed up Court has itself, been found so emeshed within.
Our present state court is an all republican court, in a state which that has no other major state elected officials either retaining or obtaining state office or power, in the past four years; this political fact, in itself, bespeaks of corrupting influence of the same kinds of special interest who created the problem in West Virginia that formed the basis of the Caperton decision as having a very firm root on the Court system in Ohio.
Post Caperton, it is now no longer assumed that such endless amounts of cash, given to a particular 'cause' candidate or silent candidacy like those in Ohio, all too often, will NOT then, be subjected to a serious constitutional challenge, if its done in the manner its been orchestrated by certain special interests in Ohio and elsewhere this past decade.
This decision, in effect, should affect the hedgemony of the powerful money driven well honed, business/insurance/republican Supreme Court campaigns in Ohio. such efforts, have been funded by major Columbus, Cleveland and other major city insurance defense industry law firms and sizable chamber of commerce groups and related municipality insurers and business interests as well as particularly strong politically sensitive interest groups like the State FOP.
The issue, in light of Massey v Caperton opens quite a gap in fact, for the states to act in good faith with the spirit of the holding; it has left to the people and interested parties of the various states and concerned citizens and affected advocates to make clear this change is to a sincere and thorough one, not controlled or cleverly concealed by either the same special interests or store bought justices and media that helped to create such major funding issues in the first instance, in our recent American experience with our Third Branch of our government.
Again, Caperton may not have been a clear as some would have liked, including this author, but it is a true, significant start and strong first step in the right direction to curb this abuse of power and influence. We, who have been engaged in this fight and realistic assessment of the state of our judiciary, for some time, and who have as lawyers, gone up against such major special interest influcences, inside this state's high and federal courts, needed just such a win; In Caperton, as slender as Kennedy's opinion maybe, we, nonetheless, clearly obtained one.
Perhaps, there just may be hope for justice in Ohio and elsewhere across this nation, just yet.
Like most major impacting cases, affecting the state of the judiciary in states like Ohio and America in general, this case due to certain business ties, is being made all too soon, invisible, if not, safely, forgotten by most major media in the State of Ohio and beyond. Perhaps, it may be they just don't wish to face the stark reality that justice in America, for some time, now, has not been the thing of what most American's are led to believe by various sectors including the media and by some measure of expense, the high court's themselves often portray and try to make people still believe what it isn't.
In part, it may be also, major media corporate interests don't want to turn a true investigative eye on the serious corrupting and affecting interests who hold such all too obvious sway over the present Supreme Court of Ohio and numerous other states high courts, even when a paper like the New Times and well documented evidence, from judicial Center's are willing to put some substance to the issue and to provide at least, some political cover over any would be true investigative effort about the serious bad influence and bribery of high court officials in Ohio and elsewhere by large donor law firms, chamber of commerce interests and other significant special interests with business to get done at this level of operations and government.
The Caperton/Massey Case indicates, there may be an end point at which major donor funding for major supreme court races, like those in Ohio for the past eight years, is to be perceived within the context of a Constitutional level violation terms. In fact, such a violation of major donor special interest funding over such high courts and their actions and decisions, is truly a civil rights type of 14th Amendment Due Process violation as per the arguments for the Caperton side has argued, for those affected citizens and individuals and party litigants who have been so adversely impacted by powerful donor groups and interests who have conspired with the republican party across the State of Ohio, West Virginia, Indiana and others to ensure justice is always firmly dispensed, in a "philosophical" favor or "bent" towards those interests who have the deepest pockets, both on the bench and those who are willing to fill those pockets of those whom serve on the bench...again, both here in Ohio as it has been for the past eight years and among numerous other states.
NOW, in light of Caperton, we need as individuals and groups to not allow the elites of a particular legal profession, or subgroup such as judiciary formed committees who already are all too well entrenched to begin to make the new rules regarding when a justice must recuse themselves given the corporate or major donor special interests are helping to pave the way for a results oriented "philosophical" outcome based series of decisions.
What instead, is needed and required, is an independent, objective "policy" for the various states when such decision, that will be responsive to the will of the people, given such a set of rules, will clearly directly affect every citizen and ordinary individual who may appear before such courts and whom, least we forget, are by definition, the true power of this supposed democratic experiment we refer to as the United States of America.
In one way, we need to immediately ask of ourselves, why do the people of our nation, continually default their rights and their voice and power to the special interests and those who are most closely aligned with the same over the most basic functions of a governmental branch as critical as the judicary?
Could it be, at least, in part, because the media in affected states, like Ohio and elsewhere, don't truly wish to report the impact and the possibilites of what can change if we would educate our common populations and the people across such states and America itself, on the impact and the consequence of major donor money
on today's various high courts? Could it also be reported that the people's courts, are not exactly run for and by the people, today, if in fact, they ever truly were in the past 120 years.
To this end, the Midwest Center is focusing its immediate attention on making known the strong message of the recent Massey v. Caperton decision and the unique status now left to the states, the various courts in the wake of Massey and to assist to raise awareness, that the people of the states are to have a key and strong voice, in recreating the standards and 'floor' for when and whether a justice can be perceived as being someone overinvolved in less than an objective impartial form of justice, and/or is in fact, engaging, individually or as a whole in nothing but crass political and personal 'self dealing' ...when it comes to serving on the high courts, and deriding, the interests of the people and those ordinary citizens, and advocates, who often, have to appear in front of them.
We need to stay engaged even with the solid positive result of the Caperton case. Its not as complete as nor an absolute clear victory for those of us who have been watching and dealing with the issue for the past three or more years.
Yet, it will be a solid guide, even as we think it not as strong as we believe it ought to have been, given the four republican conserivate major [major donor] votes on the Supreme Court. Given Justice Kennedy's and the more moderate to liberal four others willingness to shift the paradigm of major donor interests among state high courts, in terms of viewing such a challenge as one clearly implying a Constitutional Due Process clause level violation, if even ever so slightly, the basic hands off or 'laize faire' approach of a former finanicial capitalistic approach to electing overly biased state supreme court justices, as happened in the West Virginia based Caperton case's purchasing of a seat, to get "results driven" outcomes, is probably a thing of the past.
Furthermore, advocates, court watchers and the citizens of our states, have to make it clear that the Court's recent decision has in fact, changed the rules of game, when it comes to the major donor funding of courts like Ohio's all republican major money bought and conglomerate mobbed up Court has itself, been found so emeshed within.
Our present state court is an all republican court, in a state which that has no other major state elected officials either retaining or obtaining state office or power, in the past four years; this political fact, in itself, bespeaks of corrupting influence of the same kinds of special interest who created the problem in West Virginia that formed the basis of the Caperton decision as having a very firm root on the Court system in Ohio.
Post Caperton, it is now no longer assumed that such endless amounts of cash, given to a particular 'cause' candidate or silent candidacy like those in Ohio, all too often, will NOT then, be subjected to a serious constitutional challenge, if its done in the manner its been orchestrated by certain special interests in Ohio and elsewhere this past decade.
This decision, in effect, should affect the hedgemony of the powerful money driven well honed, business/insurance/republican Supreme Court campaigns in Ohio. such efforts, have been funded by major Columbus, Cleveland and other major city insurance defense industry law firms and sizable chamber of commerce groups and related municipality insurers and business interests as well as particularly strong politically sensitive interest groups like the State FOP.
The issue, in light of Massey v Caperton opens quite a gap in fact, for the states to act in good faith with the spirit of the holding; it has left to the people and interested parties of the various states and concerned citizens and affected advocates to make clear this change is to a sincere and thorough one, not controlled or cleverly concealed by either the same special interests or store bought justices and media that helped to create such major funding issues in the first instance, in our recent American experience with our Third Branch of our government.
Again, Caperton may not have been a clear as some would have liked, including this author, but it is a true, significant start and strong first step in the right direction to curb this abuse of power and influence. We, who have been engaged in this fight and realistic assessment of the state of our judiciary, for some time, and who have as lawyers, gone up against such major special interest influcences, inside this state's high and federal courts, needed just such a win; In Caperton, as slender as Kennedy's opinion maybe, we, nonetheless, clearly obtained one.
Perhaps, there just may be hope for justice in Ohio and elsewhere across this nation, just yet.
Saturday, July 12, 2008
The Truth About Attorney Olivito's Mental Status As Per A Real Court of Law: Seventh District Court of Appeals
Here's what a real higher duly impaneled court inside this very State of Ohio's judiciary
has concluded, once several years ago, about the supposed mental health related issues
concerning his practice and aiblity to represent individuals in this State before
the the various Court of Ohio...
Its NOT what the state ethic chief Assistant Prosecutor, a former Board of Grievance's
Chair and some redneck disciplinary counsel
from Mahoning County Bar Association's have cobbled together and have made
into a literaly smear campaign about him and his otherwise sound legal abilities
It is the opnion they want NO ONE to read and they themselve ignored, despite
being informed about the same prior to their motions and moves being made
against my interests before the Supreme Court of Ohio
"The record also reflects that the mental health evaluation would serve no purpose to the contempt that occurred here. If he submits to the evaluation, he stil must serve the sentence in jail. It is an order to submit to an evaluation, not counseling. Thus, it has no rehabilitative, restorative, or even punitive effect, as sentencing is designed to achieve.
Furthermore, there is nothing in the record of this case or evident in the court's findings demonstrating that a mental health evaluation is relevant or proper.
The record does not reflect a history or indication of mental health issues. The presentence investigation mentions nothing about mental health issues and opines that appellant is in good health. Accordingly, based on the record here, this court hereby deletes the portion of the sentence ordering appellant to submit to a mental health evaluation. "
This is NOT just any lawyer or myself talking here. This is the proper duly deliberative
opnion of one very busy and active Court of Appeals from the very county wherein the
original discipilnary actions arose. This court knows me personally and they know my work
as well. I have won a few cases before them and I have been known to several of their
judges for years.
They were independent and judicious in reaching their opinion and they did not give me a
complete pass either on this case. But on the seriously misleading conclusory allegations
that some distractors of mine wish to try to keep making a public issuse for me over,
they clearly speak to the very same issues as to why I am not taking the so called
"board ordered" mental health evaluation. Its an unamerican thing to submit to an unlawful
and baseless order and I have a strong record of both criminal and civil rights advocacy behind me to back this stance up, not to mention, a verified published court of appeals opinion
that some among this profession simply have seriously and intentionally ignored.
has concluded, once several years ago, about the supposed mental health related issues
concerning his practice and aiblity to represent individuals in this State before
the the various Court of Ohio...
Its NOT what the state ethic chief Assistant Prosecutor, a former Board of Grievance's
Chair and some redneck disciplinary counsel
from Mahoning County Bar Association's have cobbled together and have made
into a literaly smear campaign about him and his otherwise sound legal abilities
It is the opnion they want NO ONE to read and they themselve ignored, despite
being informed about the same prior to their motions and moves being made
against my interests before the Supreme Court of Ohio
"The record also reflects that the mental health evaluation would serve no purpose to the contempt that occurred here. If he submits to the evaluation, he stil must serve the sentence in jail. It is an order to submit to an evaluation, not counseling. Thus, it has no rehabilitative, restorative, or even punitive effect, as sentencing is designed to achieve.
Furthermore, there is nothing in the record of this case or evident in the court's findings demonstrating that a mental health evaluation is relevant or proper.
The record does not reflect a history or indication of mental health issues. The presentence investigation mentions nothing about mental health issues and opines that appellant is in good health. Accordingly, based on the record here, this court hereby deletes the portion of the sentence ordering appellant to submit to a mental health evaluation. "
This is NOT just any lawyer or myself talking here. This is the proper duly deliberative
opnion of one very busy and active Court of Appeals from the very county wherein the
original discipilnary actions arose. This court knows me personally and they know my work
as well. I have won a few cases before them and I have been known to several of their
judges for years.
They were independent and judicious in reaching their opinion and they did not give me a
complete pass either on this case. But on the seriously misleading conclusory allegations
that some distractors of mine wish to try to keep making a public issuse for me over,
they clearly speak to the very same issues as to why I am not taking the so called
"board ordered" mental health evaluation. Its an unamerican thing to submit to an unlawful
and baseless order and I have a strong record of both criminal and civil rights advocacy behind me to back this stance up, not to mention, a verified published court of appeals opinion
that some among this profession simply have seriously and intentionally ignored.
Thursday, October 18, 2007
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..."
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..."
Monday, October 1, 2007
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."
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."
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