“I thought my case just fell between the cracks” – Bailey client motions to open updates, etc.

“I thought justice didn’t work for me in my case.”

“I figured that the judge just didn’t see it the same way.”

“The system just failed me in my case.”

These are some of the refrains heard from the numerous frustrated and disenfranchised clients and former clients of Don Bailey who have filed motions to open judgment, and others such clients who haven’t.  None have said “my attorney failed me”, “my attorney just didn’t care about my case”, “my attorney just wanted the money”, or other such things that are more commonly attributed to those who have received unfair and unjust results through the legal process.

What has become clear, as has been pointed out in other articles, is that many individuals have come to Don Bailey feeling those things that only can be felt by those whose civil rights – inherent and inalienable rights to life, liberty, and the pursuit of happiness – have been violated in the course of their daily pursuits, and then are subjected to another, less easy to define, less easy to understand, deprivation of their rights by the courts, and the judges who are the stewards of our access to justice.  By engaging in the course of conduct that has been revealed and discussed at length in this site, these stewards, including Judges Christopher C. Conner, John E. Jones, Yvette Kane, Sylvia Rambo, A. Richard Caputo, and others, are denying American citizens access to the courts, and are civil rights violators themselves, both civil, as reflected in the motions to open, and possibly criminal, and nothing more than that.  How the legal remedy for their gross misconduct will be pursued, and how justice will be administered remains to be seen.  Our call out to Senators Casey and Toomey was one such effort, and there will be others.

It is in that vein that we again update you on the motions to open judgment filed by the 15 or so Bailey clients who took matters into their own hands, and asked these same judges, and those above them, and above them again, to reopen their wrongfully dismissed cases on the basis of the denial of their access to the courts due, in large part, to their misconduct directed against Don Bailey, and their hostility to the civil rights causes he represents.  The results so far of these motions to open are:  Dave and Pam Morris – denied; Deborah Phillis – denied; Vickie Smith – denied; Jim Dewees – denied; Steve Conklin – denied; Steve Wicks – denied; Jeff Dock – denied; Andrew Kundratic – denied; Dorcas Holmes – denied.

These results are not surprising as they are really nothing more than the judges who have engaged in misconduct, and their colleagues for life, denying that they engaged in misconduct.  Several of the Bailey class clients specifically requested that their motions be sent to other courts – denied also.  Not a single one of the orders says “Mr. Bailey was treated no differently than any other litigant” or “the plaintiff’s case clearly lacked merit and its dismissal was justified”, or even “this judge treats every litigant fairly and evenly” – not a word on any of it.

Instead, these motions, which at least 15 individual clients signed and filed on their own, believing in the merits of their contents, were dismissed because they were filed late (which they weren’t) or should have been filed sooner (which they couldn’t have been) or were not in compliance with the rules of court (which are relaxed when it comes to pro se litigants), or that they were not properly supported (this site was incorporated into the motions), and for other such intellectually dishonest reasons.  None of them were given due process, and Deb Phillis was even met with a menacing threat of sanctions if she did not withdraw hers.

The reality is that as long as these motions were considered under the current state of affairs, i.e., by these corrupt courts in this corrupt system, there was no chance that they would be granted, but they were still filed as an expression of these individuals in the inherent faith in their system, and the belief that right is right, but it was politically impractical for any of them to be granted – even honest judges don’t like to admit that they were wrong, and people in our system have been put to death because a judge or a prosecutor could not admit a failing in the process or mistake in judgment.  None of this is any reason that they should not have been filed in the first place – that would have been an acquiescence to the failed system.

These 15 clients of Don Bailey who have filed the motions to open judgment (some have not been decided yet) are among dozens of others who have had their civil rights violated by the courts themselves, and we will continue to provide a voice for their victimization, and to bring you their efforts to get their complete justice.

Thank you.

6 thoughts on ““I thought my case just fell between the cracks” – Bailey client motions to open updates, etc.”

  1. Imagine, you having a 15 month old child who suffocated and died on a supposedly harmless wooden playskool block, and the Judge dismissed your wrongful death case in Summary Judgment, simply, because he always sides for large corporations…and yet, we can do nothing but appeal. Likely, to lose again. This!, verses what we would all assume to be “fair and impartial consideration” by the higher courts of the land!

  2. Senator Leahy said it best in Congress: “The hearing on the nomination of Michael Fisher to the U.S. Court of Appeals for the Third Circuit is 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.” http://www.judiciary.senate.gov/hearings/testimony.cfm?id=4f1e0899533f7680e78d03281ff1b702&wit_id=4f1e0899533f7680e78d03281ff1b702-0-2

  3. Funny how some of these articles are one sided without revealing the facts. Regarding the Andrew Kundratic case…..he files a frivolous lawsuit saying that he was arrested and charges were dismissed because they were bogus yet when you check the public records you see Kundratic was found guilty (Luzerne County), yet Donald Bailey knowingly filed false information in a Federal Document……he doesn’t deserved to be suspended…he needs to be DISBARRED!

  4. I am enraged re: Act 121 omited the self exclamatory a necessary “word” Maintain-ance”. one word changes the entire meaning,, this is a definitive” word, but the Gov “Corbit in Orbit” leaving this up to the REP Tyrone Williams his name is on the entitled I mentioned so I’m not throwing his name around! This so called “REP” Medical Assistance MATP guy devoid of personality NON Reactionary,imbicile he never returned my calls! he listened to defamatory remarks from the PC manager as he is known for this accusatory & abusive character ,his newfound role & drerams of grandure,making decisions,,that destroy & more than that having sabotaged” the competition taxi company because he’s beholdin’ to the owner of the “other taxo” this resulted in a meeting 2011 so it’s not just heresay, or an assumption or an “idea” Med Ass-istance rep.. w/ this manager NEVER read the Transfer clinic’s schedule making my trip “LESS COST EFFECRIVE “NOT THE OTHER WAY AROUND” {literary} the so called 70 R/T miles VS the 55GPS or 60-65 miles which is 400$ & miles same 10 miles further but SHARING would take longer also the transfer clinic demanding scgedule is 30 days for the 1st month then by law I’d have to wait a month to get an extra Take Home” so add 70 X 30 days=2,100MILES$$ VS 400 a month to my clinic,,then 70 X 5 days then 4 days then 3 days STILL add that 70 X 5=350&Miles BUT ADD 4 X a month each week ===1,400 a month Where did they get that my clinic would be “MORE COST?”ALL these younger kids drive there & would never get more than ” 6 “Take Homes! when I’ve been getting PRESCRIBES bottles of Medication incase they think Mickey Mouse afmionisters this Medication or they think we get gigh I don’t I’, on the lowest dose but they have no concept as tpo the schedules” so how would that enter a mindless territory? Re: Sharing? No way,,I have to be there at a certain time 8″30am for counseling but only the 1st of the month then 19 min’s 2 weeks layer Im IN & OUT so that was the EXCEPTION How long does she stay in her clinic?”NOT THE 10 MILES,NOT THE EXCUSE & HIDING BEHIND “WELL THAT’S “THE STATE” NO They lied this rep said “when a person’s Appeal is Denied they automatically are placed on the list at the clinic” INSANE,{read the Regulatory statement where this is all wronmg you miusy have an intake
    1.you must be scheduled to “go to the clinic”
    2.you have to be realeased from the previous clinic {which is not happening} there’s also reasons for that the clinic 3. must have good reasons to release a patient}
    all the reasons for a denial were never investigated & my insurance pays for the clinic,& said —I should have been informed as to my right to appeal they said NO,MY chances are zero then now after receiving a notoice to to a hearing I cjose face to face I have to defend myself against the accusations that it was” MY BEHAIOR” that cause me to loose my ride,,Don’t you think when “the” court hears this they’ll overturn this decision when they hear what & how they treated me not givingme the right to know what my Options were what the EXCEPTION WAS? A Para legal told me that’s what Williams said.BUT he didn’t ask me this?? The taxi does not wait while the meter runs for hts,,I’m the only one who takes a taxi the rep said he also sent my” Hearing” form to the same people?..in Harrisburg….I added a letter sauning I’d not sign the form, because trhis was not vaed on “MY BEHAVIOR OR HAVING BEEN UNCOOPERATIVE,, {I WAS TARGETED POSIBLE DISCRIMINATION FACTOR RE: myy usefull venting I am not passive & will not be subject to intimidations & THEIR THREATS They said “I” was threatening.I was not,,so.I’m now waiting for harrisbutg not knowing but sure he attached a note to one of his Buddy Reps there,,I didn’t have a chance BUT ” IT MADE SENSE,,He did everything to make sure I’d not have any chance saying I’ll do all I can to help you he gave me 3 days to fax a letter giving reasaons why I had to continue my ride,,You mean I had to educate them as to whay you cannot just stop being on Methadone…& that I’m on a “Maintainace”Program? I thought people w/ expertise were reding that instead “W” wrote back You did not fall under the heading of Medical emergency, physical menatl safety whatever? Im bipolar & when faced w/ or am in an unintellegable situation where they “REFUSED” to grasp nor did they care! “I’d not know the Exception until the lawyer told me..This rep is still REFUSING TO ADMIT THIS “WAS”THE EXCEPTION This Pa “Buddy System”{not a secret} this had nothing to do Behavior they’re enrteged because I didn’t adgere to their PUNISHMENT why else would such a hearing be held and 5 monthsd later suddenly it’s a behavioral issue? What about THIER IRRESPOXIBLE BEHAVIOR IF THEY DARE TELL ME BECAUSE I DIDN’T SIGN THE FORM THEY’Ll DISMISS THIS,,,,I’M APPEALING BEFORE THAT HAPPENES! Thier brazen attempt to accuse me lting trung to thrwaRT the cpourt into bvelieveing this has to do w/ my behavior will be shocked to hear how that manager had already tried to force me to another clinic in 2011? BEFORE 2012? knowing they read nothing means nothing to them they never imagined they would be accountable ,,They gave me that oppportiunity without realizing it,I think this Hearing was a blessing in disguise,, The reason started in 2011 this was relentlessly pusued & if you know the “players” you’d understand but if you don’t it might sound “paranoid” biut beoieve me the meeting happned the timing was onvious the taxi I had for yrs sufddenly stopped the owner was desperate but I should have taken her to court for the defamatory remarks her threat to tell the PC that none of my drivers liked me” i only had 3 lasting 2/1/2 yrs & they all quit,,they hated “her” this was so untru sudenly I’m ready to be tranfered by yhje manager bec he reufed to give her competition taxi which resulted in the meeting openeing the door so to speak for that imfamous meeting,,to accuse an innocent person,is still continuing .. they stopped my ride after the owner of the taxi somehow made this Act a reality she’s known to give monery to reps,campaign etc so when I saw Act 121 I KNEW THEY FINALLY FOUND A WAY TO STOP MY RIDE so why else did he REFUSE to give the other taxi in 2011 whay did he call the transfer clinic “BEFORE” why did he relentelssly try not to give me the taxi.. so do you see this destructive criminal act?? I was subjected to such emotional pain & suffering FEAR which Disability Law staed nbo-one should be in FEAR of needing a ride & the MODE OF TRANSPORT! My ride ended in April- I no longer had a taxi I had to get whoever to drive me {people who I normally do not talk to} thus I no longer could depend on a safe, ride ,,a taxi I had since March 2011 {before that 6yrs.RE THE REP? .all he could say was..”,I didn’t get any fax” {that deserves another What? Then he said “”I heard you’d be getting the same.. Schedule”” {at the transfer clinic} NO I WOULDN’T that was that based on LIES & HERESAY THE SCHEDULE WAS IN A LETTER,,,THEY DIDN’T RATIONALIZE THAT AS AN EXCEPTION?
    I did not fit into a medical emergency? what kind of insanity is that,,physical is the result of emotional this is a biologically sound not the irrational ignorance,& illogical decisions made by Trans for Medical issues he has no bisness in that arena he didn’t know he didn’t read,his lame answer?[ re” did you read the letter”then,,said I heard you’d have the same schedule” What? if you didn’t hear this from the transfer clinic you were hearing lies because the director of all clinis and this one did not give any such info in fact they were angy that employees were given the right to call there,,my director of my clinic called them telling them to stop {you cannot simply be TRANFERED as if you’re changing clothes! The manager tried to transfer me in 2011 BEFORE This he’s a criminal ’cause had he been in Henry the VIII’s court he’d have been “Executed” for Treason so what was the..” The Exception? THEY DID NOT EXPLORE THE INFO,,A “good” lawyer unafraid,would have loved to challenge this I’d bring a lawsuit againt P- County in a hot minute THEY !did not explore the scenarios,transp took law into their own hands which manager does all the time when he sees the opportuniuty ,he’ll go after anyone that he thinks is weak or vulnerable or stupid enough to give him thier doctors number who the ? doers he think he is..a clinic’s pohone number?? because CONDENTALITY & Privacy law are Strict in Methadone clinics& it’s a fact all Drug & Alco laws re privacy are stedfast w/ these EXACT laws,,Clinis & doctors cannot be called bythe likes of Transportataion people,, they have nothing to say to transp especially their stupid idle minded employees nor do they have the right to call your counselors!
    these Uneducated morons at P-County Transp have destroyerd my life I’ve been terrified,w/ worry as to how I will get to my clinic they should educate themselves in w/ issues re: The “STIGMA” of Methadone {Methadone Alliance},so called reps” who have been hanging around too long ,,How can any issue re: patients who attend Methadone clinics have to transfer where are the scenarios where is the “word”MAINTAINANCE a definitive omitted word se;f exclamatory inportance of the word and why when I only go twice a month would have to be forced to go to another clinic 10 mundane miles “closer” a demanding schedule of 30 days then receive 6″Take Homes?” rather than the 13 I’ve been getting for many yrs – howerver I am still at my clinic,THEY called my clinic {privacy law]— they denied my appeal now a rep has sent my hearing form where it states that they stopped my ride due to my uncooperative behavior????,this is a lie!!! that was not the reason,, a Jan 20 exchange via the phone resulted in intimidation— gang mentality– when manager tried to TRANSFER me BEFORE THIS mundane Act 121 was even an issue is criminal! This manager has called doctors,,then demanding I give him “my” clinic’s phone in 2011?? No way Bub!!,….what do you call a MIDDLE MANAGEMENT NOBODY manger whose drunk w/ false sense of power who knew my ride was URGENT & the only” ride be I HAD ,thus being at the mercy of a man who is non communicable,ignorant,, didn’t anyone read REGULATORTY Medical Assistance Transp Operations Memorandum Systems MATP/OPOS #01/2008-005 from Code 2070.48? supossed to be about carrying out Directives for the consumer which means this document states many evaluations have been overtrurned due to “Uninformed” consumers,,resulting in DENIALS {Appeals etc]..Transportattion Rep have anything to do Mental health,then have the alls to evalaute a case when they’re devoid of any and all expertise? STILL CANNOT FIND ACT 121 EXCEPTIONS!

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