Germ of Destruction

There is a geopolitical adage in civil rights circles, that Pennsylvania has Philadelphia on one end, and Pittsburgh on the other, and that in between lies Alabama.  Harkening back to the civil rights struggles of the 60’s, and the role they had in changing the political and legal debate about civil rights, if central Pennsylvania is indeed like Alabama, then Harrisburg is its modern day Montgomery.

In the days of the civil rights struggles in the south, the federal courts stood as the bulwark against the abuses of individual liberty by state and local authorities that impeded progress in the area of equal rights for all, and our leaders had the courage to ensure those rights by sending in our armed forces just to ensure that little black and white boys and girls, and all other races and ethnicities would share in the virtue of equal rights for all.  While racism remains a pressing civil rights issue in the 21st century in Pennsylvania, and will remain a focus of our effort, it is not the only issue that defines the modern civil rights landscape, but the one thing in common between and among all persons who suffer the abuse of their individual rights under the law is that they still believe that their federal courts stand as the bulwark against such abuses.  They do not, however, and until they do, the climate of institutional oppression that exists, and that earns central Pennsylvania the dubious designation as the symbol of a backward way of thinking, will not be likely to change.

The federal courts have, to the contrary, become the vehicle by which the institutional oppression is fostered, largely through state courts and state and local governments that are not made to conform to rigid due process requirements, but instead are protected by the federal courts for political and even personal reasons.  The result is a tremendous loss of confidence in our judiciary and political system, and the exploitation, frustration, and outright abuse of people’s preconceived notions of what justice in America is supposed to be.

The civil rights problems that exist do not, of course, exist in central Pennsylvania alone, but because of the geopolitical connection between the federal courts in Harrisburg and the center of state government, also in Harrisburg, the nature of the problem is made more prominent.  Two of the three current regular status judges in the federal court in Harrisburg were appointed right out of their state-wide bureaucratic positions, and the third has risen through the Harrisburg legal community with strong state and local political connections.  The administration of justice through those judges is very clearly driven by bureaucratic thinking and the protection of political friends and power bases, and there has been a demonstrable lack of fidelity to the rights of the individual.

One of the primary purposes of this site, at the outset, is to continue to reveal the exact nature of the problem that is leading to the denigration of the role of the federal courts in protecting and preserving civil rights, and to work to remedy the civil rights issues that exist by working to ensure that the federal courts, and, by extension, the state courts, perform the functions that every citizen expects its courts to do – provide equal justice under the law.

There are current efforts underway to eliminate what has become simply a corrupt federal court system in central Pennsylvania, and Harrisburg in particular, and there are a variety of sites that have been set up to address these immediate problems.  Again, until there is equal access to justice for all, there is equal justice for none, and the courts have been permitted to keep the lid on the climate they are creating by implementing policies and practices which allow them to act with little or no transparency or public accountability, and it is essential to the civil rights climate to first shine the light on the problem and to try to create those conditions.

The longer term goal is for this site to become a resource network for civil rights lawyers, public interest groups, and individuals who are experiencing the deprivations of their rights across the spectrum of ways in which the government and its officials are involved in all of our daily activities.  Overt racism and the lack of equality of opportunity in public contracting and in employment continue to pervade the culture of Pennsylvania, whistleblowers who try to expose public corruption have no protection against retaliation, and citizens continue to be subjected to the whims of rogue local politicians without recourse.  The result, again, is local systems and cultural attitudes that the federal courts stood against a half-century ago.  Through this site, we will work to create a more open, transparent, and enlightened political and cultural climate through the guarantee of equal access to justice.  We will look forward to being your network of resources to achieve that end.

Please read on as we reveal the nature of the problem, the way in which it is manifest, and  some of the possible solutions through the civil rights saga of decorated war veteran, former united States Congressman, former Pennsylvania Auditor General, and civil rights lawyer Don Bailey.



25 thoughts on “Welcome”

  1. It is so important that you know that support is building out here. While I only just heard of Don Bailey’s struggle, which is the struggle for freedom from the new brand of tyranny imposed on us, I see similar violations of individual sovereignty everywhere. We were all shocked by the “Kash for Kids” scandal and pleased that there were honest souls in Penn. who came forward and stood in the breach, taking up for the little guy. As a former prosecuting attorney, I have seen the dark clouds of tyranny welling up on the horizon, now raining down from overhead, I join in your fight. Together, if we do not make this better, 235 years of freedom will be lost. What can I do, or tell me what can we do to make this better? Wes

  2. We would like to thank you all for your supportive comments, which capture the spirit of what our goals are at the Pennsylvania Civil Rights Law Network. Again, we expect to be updating the site with transcripts of the Don Bailey hearings when they are available, will be linking you to individual case files of Don Bailey, and putting together public outreach ideas to take to our elected officials.

    Thank you again for your support.

    1. More of our voices:

      You sound like a fighter, like me.

      Very well put. Hopefully, this will open some kind of a window for “the little man” who gets stepped on when going against big government or by industry.

      I am privileged to have worked with the others in filing my motion to open judgment. I hope all of you who are willing do what you can, as we inundate the courts, not just for ourselves, or for Mr. Bailey and Adrienne and Andy, but for justice, and all that is right. We know how good you three are, and, we know that you have made our voices heard.


  3. Your struggle against the tyranny interests me as I’m finding myself alone in a similar battle and have lost confidence in our judiciary and political system. I’ve had to endure first-hand experiences of the exploitation, frustration, and outright abuse of our God-given rights. This has radically changed any preconceived notions I might have had about what justice in this land is supposed to be. I’m not a member of the bar association and I’m not an attorney, nor do I want to be. My goals in life have been altered by a municipal corporation that has subverted the rights that are given by God and supplanted them with abuse and deception and fraud. But who can help a minister fight for what is right when it has nothing to do with ministry? Who will stand alongside of a man who fights a greater problem than his personal struggle? Who will assist in the process of defending personal freedom? To date – nobody. I’m not sure how anyone can help. Nor can I perceive a way to help you all in your fight for what is right. But if I may be of assistance and if it is within my ability to help, I will.

  4. It’s wonderful there is FINALLY a way to tell our side of the story.
    And it’s about time!

    Thanks, as always, to those who listened from the very beginning including:
    Don Bailey, Adrienne Bailey, and Andy Ostrowski.

  5. Harrisburg Police are scary…. I am reading this story and links now, awesome.


    I was a journo at the Indy Star before law school and I also edited a statewide paper in Ohio, the Call & Post. You need to check into this, we still don’t have our public information request responses!


  6. Has Judge Cleland faced disciplinary hearings himself, yet? He sought to “identify” those responsible for allowing the “Honorables Of Luzerne” (aka HOL, pronounced hole) to strip away the rights of our children. Whom did he name? He said his Commission’s goal was to restore the public’s confidence in our juvinile justice system. After an exhaustive investigation he had an epiphany: Better education is the answer! In other words, highly educated, degreed, professional attorneys in Luzerne who knew kids were routinely denied colloquy, need more education. (This Cleland is some kind of genius) How much money did we pay him for that?

    Clever Cleland, my friend, let me make a suggestion. Return your salary to the tax payers with interest. Those who looked the other way as shackled 10 year olds were taken to jail should be disbarred and fined.

    I can feel the swell of confidence returning for our public institutions, can’t you?

  7. Judges in Pennsylania shout at the gross misconduct of their peers and one of the few decent lawyers in the land, Don Bailey.

    They’d better save themselves. What was accomplished through the Cleland Commission? We are going to make sure lawyers are educated and that the public is aware of their right to counsel. Gee, thanks. What about the lawyers and judges who knew and did zip? What are you going to do to them, Big John Cleland? Zero. Even as our money is spent on persecuting a good, decent human being who decided to blow the whistle?

    I’ve got an idea. Take our money, I’d gladly donate mine, and erect a statue to Mr. Bailey for his devotion and bravery that shines like the noonday sun in the midst of massive corruption fueled by greed and pansies.

  8. The hearing on the nomination of Michael
    Fisher to the U.S. Court of Appeals
    for the Third Circuit was also unprecedented.
    Never before to my
    knowledge has a President nominated
    to a lifetime position on a Federal circuit
    court or this committee held a
    hearing on a judicial nominee with an
    outstanding jury verdict naming him
    as personally liable for civil rights violations.
    In February 2003, a Federal
    jury in the U.S. District Court for the
    Middle District of Pennsylvania found
    that Mr. Fisher and other high level officials
    of the Pennsylvania Office of the
    Attorney General violated the civil
    rights of two plaintiffs, former narcotics
    agents with the Bureau of Narcotics
    Investigation, BNI, in Philadelphia.
    Never before in the history of
    Federal judicial nominees of which I
    am aware, has a nominee ever come before
    this committee with an outstanding
    judgment against him for so
    serious a claim.
    The jury verdict is so recent that the
    trial transcript was only delivered to
    the parties within the last several
    weeks, and so complex that even Mr.
    Fisher and his lawyers asked for extensions
    of time in order to complete their
    post-trial motions. Just 6 weeks ago,
    Mr. Fisher and the other defendants
    filed their brief in support of their motion
    for judgment as a matter of law or
    a new trial. Soon, the Federal district
    court trial judge will review the verdict
    against Mr. Fisher and make a decision
    on Mr. Fisher’s motion. If the
    jury verdict is sustained by the district
    court judge, an appeal would lie to the
    very court to which Mr. Fisher has
    been nominated. Mr. Fisher has indicated
    that he intends to pursue all appellate
    options if the verdict is not reversed.
    These, too, appear to be unique
    Accordingly, this is a most unusual
    vote today.”
    “At Mr. Fisher’s hearing, I indicated
    that I had not yet reached a determination
    about his nomination but was
    troubled by the jury verdict. I have
    now reviewed the trial transcript and
    materials from the civil rights case.
    Mr. Fisher has been found liable by a
    jury for violating the constitutional
    rights of his employees. Mr. Fisher testified
    at trial that he had knowledge of
    and approved of the actions found by
    the jury to be retaliatory. The jury
    found that he acted maliciously or
    wantonly and awarded the plaintiffs
    punitive damages. We should all be
    concerned about his ability to protect
    the constitutional rights of plaintiffs
    who may enter his courtroom. The
    trial court judgment is a significant
    piece of information in order for us to
    evaluate Mr. Fisher’s qualifications to
    a lifetime appointment on the federal
    bench. In all due respect to my friends
    on the other side of the aisle, I do not
    think that the courts or the American
    people gain by rushing the nomination
    Senator Patrick Leahy

    Gee, what was their hurry to push Fisher onto the appeal’s court? A jury had just returned a guilty verdict against this guy and Specter rams him through those hearings.

    “In speaking of Conti, Conner and Jones, Senator Specter stated. ‘These individuals were recommended by a bipartisan nominating commission which Senator Santorum and I have established, where there is independent review in each of the districts. These individuals were recommended to Senator Santorum and myself and then, in turn, we recommended them to the President.'” Then, Specter got Fisher on the Third Circuit Court! Baby Arlen!

    Indeed Senator! You appointed your son’s law partner, Tom Kline, chairman of that “bipartisan nominating commission” to review and to recommend those folks to you. How many times have Kline and Specter appeared before those very judges Kline urged the distinguished senator to approve?

    1. try to get a copy of the appointment’s record from the eastern district court.
      1. good luck
      2. it will be edited
      3. it is a disgrace and criminal how judges are handpicked to preside over cases. it is fixed

  9. Do to numerous errors by a federal judge in Middle District Federal Court the appellate court of the AThird Circuit is allowing my father to proceed with his Wrongful Death Suit Case ; but we need another attorney to represednt him. Apparently, no attorney in PA will, touch it because of the involvement of the federal judge and the ssettlement of thed Survival Claim for $750,000o. The federal judge did not consolidate and now we need someone to reach a settlement for my father. If we do nof find an attorney by May 13, 2013 the case will be dismissed. Can youur organization help us find an attiorney.

  10. HEP.
    2 weeks ago i havd a summary trial at the district court. the jusge told me if i do not sign a waiver of councel i will be found guilty. i waited for 1 hour and he called alleged defendants that were scheduled after me.
    i looked at my docket statement on line and sure enough he did find me guilty but the docket states i was not present at the hearing.

  11. Hello:
    I had filed a complaint against a principal with the PPS and three weeks I was later charged with disorderly conduct. The magistrate in the case said: “She cares about the kids: My children went to her school”. I want to file a judicial complaint but am not sure that the Judicial board will even respond to my complaint. I believe this case was retaliation because of my complaint

  12. Senator Durbin. “Now, do you feel then that it would be
    appropriate if you are successful in this nomination to recuse
    yourself from cases involving your former law firm or former
    clients?” to a judicial candidate. His response, “if I am fortunate enough
    to be confirmed, the first order of business will be to crack
    the Code of Judicial Conduct and put it on my desk, understand
    it thoroughly, and find out how a judge goes about dealing with
    recusal issues. Frankly, sitting here, I don’t know the answers
    to those questions.”
    Senator Durbin. “Well, I want to give you some time to look
    at that code and then respond to the question I just asked.”

    How many times has little Judge Juan R. Sanchez presided over cases in which his old law firms, friends, mentors and some of the best lawyers in Chester County, his supporters who attended his confirmation hearings? Care to guess?

    You better bust Don, illustrious bored. He is a major threat to the public’s perception of how wonderful you are

  13. A very large group of proud Chester County officials have
    come here today: William H. Lamb, a former Associate Justice of
    the Supreme Court of Pennsylvania, his most prominent position
    when he was a fellow district attorney with Arlen Specter in
    the good old days in Philadelphia; James McErlane; Skip Brion,
    the Chairman of the Chester County Republican Group; three of
    the judges, fellow judges from the Court of Common Pleas–
    President Judge Riley, Judge Ott, and Judge Mann. And I would
    go on and list everybody here, but there are a lot of people
    waiting to make their presentations. But it is a great pleasure
    to introduce Judge Sanchez to this panel and to urge his speedy
    confirmation. arlen

    then juan chimed in, “Judge Sanchez. Thank you, Chairman Hatch. I do not have any
    prepared remarks, but I would like to take the opportunity to
    thank you and thank Senator Leahy for the invitation to appear
    before the Senate Judiciary Committee. And I would like to take
    this opportunity to thank Senator Specter and Senator Santorum
    for their kind words and the support they have given me
    throughout this process, and also to the President for the
    tremendous honor he has bestowed upon me, my family, my
    friends, and my colleagues and the Chester County community.
    I have some guests here that have traveled from Chester
    County to support me this afternoon, and it is with tremendous
    honor that I introduce some of my friends and some are the best
    lawyers in Chester County: former Justice of the Supreme Court
    of Pennsylvania, William H. Lamb, who is in the back.
    Chairman Hatch. Happy to have you here, Mr. Justice.
    Judge Sanchez. My mentor and good friend, Mr. James
    McErlane, a senior partner with the law firm of Lamb and
    McErlane, who is in the back.
    Chairman Hatch. Grateful to have you here, Mr. McErlane.
    Judge Sanchez. My staunch supporter and good friend, Skip
    Brion, who is the Chairman of the Chester County Republican

    after little juan introduced his buddies, senator hatch issued the following warning,

    Chairman Hatch. “And one of the worst things about some of
    them is they get on the Federal bench and they really do
    believe they are gods. And all of a sudden they don’t seem to
    have the humility that they have otherwise. Now, I am not
    saying all of them. Naturally I am proud of our Federal
    judiciary. But occasionally, the ones occasionally who violate
    these principles generally turn out to not do justice nearly as
    well as those who don’t violate them.
    So just remember everybody who comes before you has
    problems. Everyone that comes before you has different
    abilities. Some of these young lawyers don’t know the Rules of
    Evidence as well as others know it. Some of them will need a
    little help and assistance and maybe a little forbearance from
    time to time. Some of the big shots are so good that sometimes
    they become a little overbearing, and it isn’t a bit bad to set
    them down every once in a while and tell them they are getting
    But I think it is good to let people try their own cases
    and not have the judges trying the cases for them.”

    little juan should have listened. he is the worst “judge”

  14. May God bless this organization for agreeing to help me. I mailed out my documents last week but they came back for more postage so I remailed on Saturday. My husband an I would like to come down to your office next week in Harrisburg to speak with you so you could hear the whole story. I’m having surgery tomorrow or we would come down this week. Please be prepared because all I mostly do is cry. Today is an exceptionally bad day for me guys. It’s one of the few elections I won’t be voting in since I’m 18 years old. I am now 60. My name has been trashed in the newspapers when I m the VICTIM. You have no clue what a bad few years I’ve gone through and this puts the icing on the cake. I’m heading right back to a complete mental breakdown AGAIN because of this abuse and I really don’t want to go back to that terribly dark place now that I’ve worked so hard to crawl out of it. I don’t know where I would have turned without you. I feel so hopeless. I pray every day for strength an justice. I’m a strong woman and usually don’t stop until I get someone to listen but I’ve lost my strength. They finally got me. I need to count on someone else’s strength. Thank you so much for being there for me.

  15. Dear Mr. Ostrowski: I understand you are running against Lou Barletta. Please email me concerning political event in Carbon County (part of the district is in Carbon). Event is Thursday nite 5PM. Thank you. Linda

  16. I am wondering if anyone can help me. My hospital records were merged. I have been drug flagged with no history of non-compliance or use of any narcotics, except right before surgery and following a motor vehicle accident that occurred 7 months after surgery. I believe the flag existed long before I ever took any medication, especially when a records breach has been admitted by the hospital. There is a girl with a name similar to mine who lives near me. My records reflect her name and age, height, weight, etc. The hospital had the wrong address this past summer. They have someone else’s disability claim in mine. I believe the drug flag is meant to hide a delay of care. Is there an attorney who can help me, since the OCR and DOJ have timelines that are not keeping the loose screws in my neck from killing me and keeping me laying in bed for the past four months, rather than working or being upright for that matter? How can doctors say anything they want to hide their mistakes? I have contacted many lawyers, and nobody will help me.

  17. Attorney’s Don Bailey and Andy Ostrowski it is important that you contact me concerning these same horrific legal and judicial abuse of innocent people in Monroe County, Pennsylvania. We have a large and supportive network concerning the fraud closures and violations of civil rights and due process in the HOA, POA and COA fraud closures in Monroe County. You have my email address, so please contact me.
    I am sorry, as an American for what has been done to you, in efforts of trying to do the right thing and what is legal concerning the rights of innocent people.

  18. I am wishing you the best in this election as I feel that our state of Pennsylvania is in great need of Congressman that will create major reforms in the corruption of our judicial system and guardian abuse, along with many other problems in our state! Good luck and know you have my full support!

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Working to provide equal justice under the law in Pennsylvania