My approach to
the immunities is a bit different.
It can be seen on my website -- falseallegations.com
-- in my TWO petitions for cert. One
was denied (last year) and one is
being conferenced TODAY, October 7th.
Basically, I do NOT bother discuss
any current cases (in contrast to
Seth), for they ALL assume that judicial
immunity is valid, and therefore that
the quasijudicial and quasiprosecutorial
and qualified immunities are valid.
They are NOT valid, at least in my
So I go back to the history.
Immunity arose in the Star Chamber,
the most reviled court in British
history, in 1603.
It was brought here in the 19th century
and to the U.S. Supreme Court, specifically,
around 1870 in Bradley v. Fisher.
A bald but bearded man, Judge Field,
wrote the decision.
It was early judicial fiat.
No Congress gave the judges immunity.
In Mass., we have article V of the
Mass. Declaration of Rights.
There it is written that all folks
in all three branches of govt -- legis,
exec, and judicial (explicitly magistrates
and officers) -- shall be ACCOUNTABLE
TO ALL THE PEOPLE AT ALL TIMES.
That article has never been amended
or altered or modified. (Use
whichever verb you want.)
The Eleventh Amendment canNOT TRUMP
our article V.
The Eleventh Amendment has two prongs.
One was duly ratified/enacted i the
early 1800s after Chisholm v. Georgia,
which held that a citizen of one State
could not go into federal court and
sue another State. For
instance, someone from Louisiana could
not sue the State of Georgia in federal
Now jump ahead 80 or 90 years to Hans
The second prong of the Eleventh Amendment
was born from the mouths of judges.
In Hans, the Supreme Court held
that a citizen from one State could
not go into federal court and sue
HIS OWN State.
Congress had never amended or altered
or modified the original duly ratified
It is that SECOND (unlawful) PRONG
that is the basis of the district
courts throwing out your cases seeking
So my argument against quasijudicial
immunity would have been quite different
Mine is not classic.
Mine does not assume the basis of
the quasijudicial immunity to be true.
Seth's argument assumes the basis
He sounds like a fine man and a fine
attorney, who argued beautifully and
professionally. He stayed on
But the subject of immunity requires
By the way, my petition for cert by
SCOTUS will be conferenced today.
The issues in my case against the
- quasijudicial immunity that
is bestowed upon the folks working
at the Board of Bar Overseers
and Office of Bar Counsel
- quasiprosecutorial immunity
for Bar Counsel
- Eleventh Amendment -- the nemesis
of many cases filed in U.S. District
Last year, my petition for cert in
which I sought SCOTUS to define good
behavior and bad behavior for judges
had been denied. I shall try
it again if my current petition for
cert is allowed. Of course,
there is probably less than a 1 percent
chance of getting cert, but who knows.
Here is a 14 page write-up on judicial
immunity that may be of interest
to some pursuing this course.
Go get'em Barbara!!