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Thread: Victory in 3 FIC cases appealed to superior court

  1. #1
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    Victory in 3 FIC cases appealed to superior court

    The FOI Commission(aka FIC) claimed that because I file too many cases that this was a reason for not hearing cases.
    The commission lost on this point

    The FIC claimed that because I called Sen. Meyer & Stillman commies in my pleadings that this was a reason not to schedule cases.
    The commission lost on this point

    The FIC claimed that I requested records that may include a lot of records and create a burden for the agencies that this was a reason for not scheduling cases.
    The commission lost on this point

    The FIC claimed that I was looking for records already produced to me prior to the current case and that this was a reason not to schedule cases
    The commission lost on this point

    The FIC claimed that I was not nice to the FIC and that this was a reason not to schedule cases
    The commission lost on this point

    The FIC claimed that I needed to provide the address of the agency and this was a reason not to schedule
    The commission lost on this point

    The FIC claimed that because I did not contact them for a while that they considered the case abandoned
    The commission lost on this point

    The FIC claimed res judicata based on another case of me and the same respondent
    The commission lost on this point

    The FIC claimed that they did not have the resources to hear all my cases
    The commission lost on this point

    And a few other minor points ....

    What does this mean? Well, it certainly means that my 102 complaints filed in the last 3 weeks of members of the general assembly meeting in secret, like Art. 3 Sec. 16 of our state constitution does not exist, will move forward.

    Only took a year and a half for the decision...now these idiot legislators will have to cough up records before they are booted out of office.
    Last edited by davidmcbeth; 11-14-2014 at 03:50 PM.

  2. #2
    Regular Member qednick's Avatar
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    Wtg!!

  3. #3
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    Quote Originally Posted by qednick View Post
    Wtg!!
    The request to Sen. Meyers included a request for all records relating to that stupid 1 rd/mag bill he introduced in 2013...

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    Update on the FOIA court case & new FOI commission activities

    Well no soon has the ink dried than the FOI Commission again decided not to hear cases for the same reasons that the court ruled were not appropriate reasons not to hear cases.

    I am now preparing a motion for contempt against the FOI commission agency. They completely disregarded the court's order and memorandum of law.

    I'll be asking for punitive damages as well as compensatory damages as well as an order of the court to reign in this rogue agency.

    The agency thinks it can just toss a judge's order into the garbage can? We'll see. We'll see.

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    Status? Update?

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    Quote Originally Posted by FMJ View Post
    Status? Update?
    Nothing to update ... the time to appeal the decision has past so there will not be an appellate case.

    Just sitting and waiting right now.

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    Oh, o.k. thanks. I was wondering about those punitive damages that you were seeking. Any luck?

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    Regular Member The Truth's Avatar
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    Quote Originally Posted by davidmcbeth View Post

    The FIC claimed that because I did not contact them for a while that they considered the case abandoned
    The commission lost on this point
    It'd be a rare instance to proceed based on this claim. I failed the one time I tried it. Still pisses me off to this day. One of the few...
    Sic semper evello mortem tyrannis.

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    Quote Originally Posted by stealthyeliminator
    So in actuality you have no evidence that anything wrong took place, you only believe that it could be spun to appear wrong. But it hasn't been. The truth has a funny way of coming out with persistence, even if it was spun negatively the truth would find its way because these people will not accept less.
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    The truth causes some people so much pain they can only respond with impotent laughable insults. Life must be rough for those people.

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    Quote Originally Posted by FMJ View Post
    Oh, o.k. thanks. I was wondering about those punitive damages that you were seeking. Any luck?
    The judge did not even speak to my monetary relief sought. No worries though .. I have another case pending seeking them and I'll complain about the last case's result on this point.

    CT is not a 100% American rule state in respect to this aspect. I just filed an amended complaint highlighting all the BS the agency did/does.

    Either the agency will answer the complaint or they'll motion to strike the new complaint.

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    But if the Judge didn't order the monetary relief, can't you appeal? Seems fruitless to make the claim and then just abandon it? I highly doubt that another Judge, in another case, would order the relief sought. Or, maybe I am just off base.

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    Quote Originally Posted by FMJ View Post
    But if the Judge didn't order the monetary relief, can't you appeal? Seems fruitless to make the claim and then just abandon it? I highly doubt that another Judge, in another case, would order the relief sought. Or, maybe I am just off base.
    I guess I could have appealed ... the statue does not allow a recovery of costs so I played a claim based on equitable recovery theory.

  12. #12
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    Quote Originally Posted by davidmcbeth View Post
    The FOI Commission(aka FIC) claimed that because I file too many cases that this was a reason for not hearing cases.
    The commission lost on this point

    The FIC claimed that because I called Sen. Meyer & Stillman commies in my pleadings that this was a reason not to schedule cases.
    The commission lost on this point

    The FIC claimed that I requested records that may include a lot of records and create a burden for the agencies that this was a reason for not scheduling cases.
    The commission lost on this point

    The FIC claimed that I was looking for records already produced to me prior to the current case and that this was a reason not to schedule cases
    The commission lost on this point

    The FIC claimed that I was not nice to the FIC and that this was a reason not to schedule cases
    The commission lost on this point

    The FIC claimed that I needed to provide the address of the agency and this was a reason not to schedule
    The commission lost on this point

    The FIC claimed that because I did not contact them for a while that they considered the case abandoned
    The commission lost on this point

    The FIC claimed res judicata based on another case of me and the same respondent
    The commission lost on this point

    The FIC claimed that they did not have the resources to hear all my cases
    The commission lost on this point

    And a few other minor points ....

    What does this mean? Well, it certainly means that my 102 complaints filed in the last 3 weeks of members of the general assembly meeting in secret, like Art. 3 Sec. 16 of our state constitution does not exist, will move forward.

    Only took a year and a half for the decision...now these idiot legislators will have to cough up records before they are booted out of office.

    I really do enjoy reading your stuff. If nothing else, you are a persistent pain in the backside to these people. It's amusing to see how they react when you hold them to the very rules they write. I have to tip my hat to you.

    LQM
    “The Constitution shall never be construed... to prevent the people of the United States who are peaceable citizens from keeping their own arms.” —Samuel Adams

    "Here sir, the people govern." -- Alexander Hamilton (speech in the New York ratifying convention, 17 June 1788) Reference: The Debates of the Several State..., Elliot, vol. 2 (348)

    "I would rather be exposed to the inconveniencies attending too much liberty than to those attending too small a degree of it." -- Thomas Jefferson

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    Quote Originally Posted by LQM View Post
    I really do enjoy reading your stuff. If nothing else, you are a persistent pain in the backside to these people. It's amusing to see how they react when you hold them to the very rules they write. I have to tip my hat to you.

    LQM
    Well, a few days ago I discovered that the head of the FOI Commission was a member of a special task force public agency created by the legislature.

    The task force was on victim privacy and public right to know. They held meetings and made recommendation to the legislature.

    Guess what ? The head of the commission started having secret meetings during the time period that the task force was active. Meetings via telephone conferences (with a few of the other members of the task force), meetings in secret at various locations.

    And that the head of the FOI Commission informed the select members that she wanted to meet with that the meetings would violate the open meetings provisions of the FOI Act that the commission for which she worked for adjudicates complaints of the same exact laws.

    But had the illegal meetings anyway.

  14. #14
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    I hope you can hold them to account

    It is hard to do when local elites conspire to violate the law.

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