Pro Se Case Law
A judge is required to show a little lenience toward a Pro Se litigant: Hayes vs Kerner and children
OUTLINE
CASE LAW PARTIICULARLY RELEVANT TO THE PRO SE LITIGANT
Non-Lawyer pro se litigants not to be held to same standards as a practicing lawyer
Defense against dismissal of complaint for failure to state a claim
On Judicial Immunity
On Absolute Immunity for Judges
On Judges violation of oath of office
Arbitrary Exercise of Government Powers
Pro Se litigants entitled to attorney's fees
U.S. Constitutional Issues (5th, 7th, 13th, 14th)
Civil Rights Issues (1983, 1985)
Judicial Notice: definition
Reasons to Vacate Void Judgments - Lack of Jurisdiction
Powe v. US: what does "citizen" mean?
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TOPIC: PRO SE LITIGANT CASE LAW
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Non-Lawyer pro se litigants not to be held to same standards as a practicing lawyer
Many pro se litigants will use this in their pleadings; "Pleadings in this
case are being filed by Plaintiff In Propria Persona, wherein pleadings are
to be considered without regard to technicalities. Propria, pleadings are
not to be held to the same high standards of perfection as practicing
lawyers. See Haines v. Kerner 92 Sct 594, also See Power 914 F2d 1459 (11th
Cir1990), also See Hulsey v. Ownes 63 F3d 354 (5th Cir 1995). also See In
Re: HALL v. BELLMON 935 F.2d 1106 (10th Cir. 1991)."
In Puckett v. Cox, it was held that a pro-se pleading requires less
stringent reading than one drafted by a lawyer (456 F2d 233 (1972 Sixth
Circuit USCA). Justice Black in Conley v. Gibson, 355 U.S. 41 at 48 (1957)
"The Federal Rules rejects the approach that pleading is a game of skill in
which one misstep by counsel may be decisive to the outcome and accept the
principle that the purpose of pleading is to facilitate a proper decision on
the merits." According to Rule 8(f) FRCP and the State Court rule which
holds that all pleadings shall be construed to do substantial justice."
Defense against dismissal of complaint under Rule 12-B
Isabella Brooke Knightly and Austin Gamez-Knightly
In Memory of my Loving Husband, William F. Knightly Jr. Murdered by ILLEGAL Palliative Care at a Nashua, NH Hospital
FABULOUS entry and OH SO VERY IMPORTANT!! Thank you, Grammy, for making people aware of their self-litigation rights and privileges.
ReplyDeleteFor those reading this message, PLEASE SHOW YOUR SUPPORT for the self-represented litigant and self-lawyering consumer by signing this PLEDGE OF SOLIDARITY issued by the People United for Legal System Equality (P.U.L.S.E.): http://is.gd/h9s58.
Thank you!
JOSEPH L. DELGADO
Activist for Self-Lawyering Rights
You should be aware that the USMS will incarcerate you for engaging in pro se litigation in violation of court order. This happened to me even though there was no injunction and I thought I was outside of the order "based on the same series of events'. I was held for 5 months.
ReplyDeleteI was not arraigned and don't have a criminal record at all. There was no bail hearing. I was told in court that I didn't have a right to a lawyer or an evidentiary hearing before going to court because all that was needed was summary procedure.