Buncombe County, North Carolina, where Larry Smith has for three years been harried by relentless false allegations from a disturbed neighbor, is the source of the word bunkum.
Bunkum (or bunk) is more familiarly called BS, which is what Larry’s been daily forced to tolerate for three years. He’s 70, and the time he’s had stolen from him was precious.
Larry filed a lawsuit in federal district court this week (pro se) against the State of North Carolina, his neighbor-cum-accuser, the judge who encouraged her reign of terror, and a number of other public officials to be named later in an amendment to his complaint.
Larry, a grandfather living on Social Security who practiced law in his salad days, is an object lesson about why it’s ill-advised to poke a sleeping bear.
Despite suffering from agonizing scoliosis (a degenerative spinal disorder), Larry’s been summoned to court over 30 times since 2011, locked in a cell, and had a gun pointed at him consequent to crank allegations from a vengeful neighbor who’s publicly accused him of being a disbarred attorney, an embezzler, and a psychopath (including on Facebook).
She says he’s “barked like a dog” at her, recruited “mentally challenged adults” to harass her while shopping, and mooned her friends. She says he’s cyberstalked her, too, besides hacking into her phone and computer.
Larry, who’s in pain even when he’s sitting down, has been reported to the police a dozen times or more while out walking his toy poodles or just puttering around his house. His accuser has also twice filed restraining orders against him since he took exception to her cat’s killing the local songbirds that have always been a source of joy to him to watch. The first time she petitioned a restraining order, she reported that he violated it later the same day.
Larry hadn’t even seen the woman.
Larry’s accuser’s is an extreme version of the mischief that’s widely reported by targets of restraining orders. Notable (and telling) is that even the outrageous degree of flagrant procedural abuse Larry’s been subjected to is winked at by authorities and judges.
There’s liable to be more blinking than winking this time around: Mr. Smith is going to Washington—and circumventing the local old boy’s network.
Larry’s lawsuit alleges deception; fraud; judicial dereliction; frivolous and malicious prosecution; fundamental constitutional rights violations; false imprisonment; unjust stigmatization; judicial politicking; collusion, conspiracy, and tyrannical oppression by representatives of regional government; and felonious forgery of a criminal complaint.
It also requests a jury.
One man’s debunking procedures this country and many others have invested faith and a fortune in is probably a forlorn hope, but the endeavor is nothing shy of heroic (and may at least restore to a sorely hectored man his peace of mind).
Copyright © 2014 RestrainingOrderAbuse.com
TALKING BACK to restraining orders 
I am appealing Monday to the 4th Circuit Court of Appeals in Richmond, VA. In addition I am filing more 1983 Civil Rights violation complaint material (because statutes of limitations are running) in the local federal courthouse. All of these writings, including the judge’s responses, will also be posted in alt.lawyers and probably on my blawg. I have researched the tactics of this federal judge, Martin Reidinger, playing God; and what he’s doing is disposing of my complaints “sua sponte” and refusing to permit me to issue summonses. I want the whole world, particularly lawyers with interests in access to justice, to see and to know just how a judge can wave a magic wand and throw you out of court, despite terrible wrongs done you in violation of your basic rights, before the lawsuit ever gets started.
Of course, I agree that the poor wacky woman, Mary Aku Quartey, filing in Maryland, suing Barack Obama, has stated no claim.
http://www.gpo.gov/fdsys/pkg/USCOURTS-mdd-8_10-cv-01460/pdf/USCOURTS-mdd-8_10-cv-01460-0.pdf
The woman is insane and to compare my case to hers and the other cases of dud claims cited by Judge Reidinger dismissing my complaint is, well, smarmy to say the least.
You have to conclude, as I am doing, that the people of this country are sleeping, like Rip Van Winkle, through an insidious revolution by government anarchists commandeering all three branches, executive, legislative, and judicial, and slyly, covertly transforming the nation into a despotism, an oligopoly of the powerful in which the rule of law is nothing but a cruel delusion, a hoax, as it was in Germany’s Third Reich.
It is true the judges have arrogated to themselves immunity from lawsuit, in violation of the Common Law and our Constitution. Although I am entitled to money damages, I am not seeking them but a declaratory judgment annulling the first and second restraining orders, the first one under NC’s caselaw which says the attainting reaches of a restraining order NEVER expire even after its year is up. This federal judge knows that but is playing dirty little games.
North Carolinians have suffered a notoriously corrupt state judge here in NC whose name is Zoro Guice. Ten or fifteen years ago, he maliciously violated the Americans with Disabilities Act by “detaining” a female spectator during a murder trial in his courtroom. She was in a wheelchair; and because he enforced a barrier which prevented her from getting out of the courtroom to go to the ladies room, she was forced to urinate on herself.
So he got sued. The ACLU represented the aggrieved woman. But in actuality he did not have to pay. The people of North Carolina wound up having to foot the bill of over $100,000, plus the attorney fees for her ACLU lawyers.
In the most recent SCOTUS case of judicial immunity from lawsuit, a rather cryptic opinion that stands on its own as a judicial disgrace, an Indiana judge had ordered the sterilization of a minor child, an act which was beyond his jurisdiction, and in fact a felony. They told her she was undergoing an appendectomy. This the judge had no authority to do. He committed an assault against her and maimed her for life, and yet the Supreme Court ruled that he was immune. Stump v. Sparkman. (1978)
https://supreme.justia.com/cases/federal/us/435/349/
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The new avatar suits you!
Best wishes with this, Larry. Come what may, I’m awed by the effort: “Do not go gently into that good night.”
That’s the fearful symmetry of all of this. What you’re saying is intimately and eminently informed, and what you’re saying is so contrary to everything we’ve been led to believe (everything we’re supposed to believe) that you’re handily represented as just as crazy as the woman who sued the President.
If I’d read your comment 10 years ago, I’d have probably said, “Poor guy. He’s off his rocker.”
Using bureaucratic procedure, you can be attacked by someone who’s psycho (over and over and over and over) and then if you complain about it, you’re assumed to be the psycho, “psycho” gets stamped on your record, “We see you’re a psycho” is what the next judge recites when you’re hauled into court again, and “Oh, he’s a psycho” is what third parties are glad to conclude and bruit in Internet forums.
Kafka would have smiled.
Read this, Larry: “This Restraining Order Expires Tuesday.” It’s something I’m going to write about.
At least as interesting as the story (which is finely crafted) are the comments that follow it, some of which are from the alleged female stalker the story is about (and they inspire a small contingent to heckle the female writer).
Something I’ve been thinking on (and also want to write about) is that restraining orders’ reaching full swing corresponds with the rise of Jerry Springer (early 90s). The period (Springer, 1992; VAWA, 1994) marks the ascendency of white trash American ethics (and maybe politics).
Internet porn and video games, too.
I think restraining orders feed our craving for tawdry spectacle and social ridicule. The process invites the finger-pointing and name-calling that Jerry Springer fans tuned in for (didn’t he even have his own bailiffs waiting in the wings to break up the clashes he orchestrated?).
Modern feminism has resurrected the carnival freak show. The courtroom has become a venue for the equivalent of food fights, trash talk, and bear-baiting. Even as our justice system vehemently condemns “bullying,” it sets people up to be gawked at, publicly labeled and vilified, and mocked.
It’s pornographic theater.
Judges and other audiences eat it up: “He did, huh? Yeah, and then what?”
Tom Lehrer (“Smut”): “More, more, I’m still not satisfied!”
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OK. Every time I comment I have a different ID show up, so I am James L. (Larry) Smith, a perpetual recipient of VAWA-spawned warrants, summonses, and contempt citations.
The most recent affidavit (the fourth attempt of this lunatic) demanding a show-cause order by Marty Tackitt-Grist is found here:
http://www.buncyblawg.com/2014/10/30/newly-discovered-perjury-of-mad-martha-also-known-as-marty-tackitt-grist/
I doubt if this will stop her. I am now delving into the divorce which she told me when she moved here was so nasty to see why the woman is so relentless and so ruthless to aim her vitriol at me. And as I have repeated so many times, men, watch those women. I believe they are out to get us, although I didn’t know it when this started in early 2011 and could have most likely prevented the war of attrition with a cheap little digital tape recorder. Recording would have exposed the woman as a pathological liar in this she-said-he-said feud.
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Hello, Todd.
I’m not surprised at all at the shenanigans dancing around like gremlins on in the federal courthouse. I won’t go into the details but the judge is trying his damnedest to compare me and my lawsuit to a crazy woman in Maryland. I wrote about it in usenet, so I’ll try to furnish a link to it.* What I’m about to conclude is that the appearance of review appears up there in klieg lights like the Statue of Liberty for the individual like me who has been stomped on by the police state– but the REALITY is that it’s all an illusion.
And while I’m thinking about it, let me post this link to you about the Chan case:
http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/09/09/amicus-brief-in-chan-v-ellis-where-a-judge-ordered-a-web-site-operator-to-remove-all-posts-about-a-particular-person/
Of course, you probably already have it. I believe that Chan will win, now that he has the best First Amendment brains in the country behind him as his amici.
Yesterday I was in the Buncombe County Courthouse doing a little sleuthing in 4 thick files in which our local political machine of fascists and their useful idiot have been trying to jail me. I found an affidavit and application for another show-cause order Marty Tackitt-Grist had filed on me in June of 2014. I wouldn’t have known about it if I had not found it in the clerk’s file yesterday because the judge denied the motion. Our mentally ill plaintiff has finally lost ALL credibility.
It was also in June that another District Court judge announced that her hands were dirty and threw out the cyberstalking charge she had sworn out against me.
As soon as I have scanned the latest document exposing the relentless vendetta of this mad woman, I’ll send you a copy.
______________________________________________
*https://groups.google.com/forum/#!topic/alt.lawyers/Q9B1giXj1D8 (See post no. 3)
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What do you do now, Larry? Just reading your rejection makes all the rulings I’ve been issued resurface to nauseate. I think of all the years I invested in learning how to analyze and think critically, all the afternoons hunched over books, scribbling in margins and on the inside covers, etc., and then I look at these graph-paper-plotted “judgments” and feel angry and ill. It’s like addressing an ATM and getting a printout in return.
I coincidentally just put up a post about judicial immunity, which I only became aware of last week. An (Arizona) attorney I consulted with for months in 2009-2010 told me judges could be sued (that is, for acts committed on the bench). I confess to being less than sure of what to believe, but my understanding is a judge can be sued if his actions are categorically illegal. According to a Supreme Court ruling I looked at, there has to be a specific law that designates the judge’s actions unlawful in order for judicial immunity to be suspended. What I’m confused about (and what seems to be the crux of everything we’ve talked about) is when does “unconstitutional” = “illegal” and when doesn’t it?
Wouldn’t this apply in your case (quoting the ruling you got): “(4) when the state has committed an unconstitutional act in the course of enforcing a right of a private citizen”?
I emailed Matt a while ago because I was concerned I missed the verdict in his case (I don’t track days and months very well, anymore). I’ll have to check and see where he said his case was at. I’ve been away from email.
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Chan v. Ellis: Essential Appellate Court Case Documents
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I would say none of you knows how good it feels to me to find an active discussion on these topics… but I bet you do. Ive been battling the false accusations, protective orders as they are called in Texas and criminal convictions since 2009.
Id like to share some of my story but haven’t figured out how to post it. I chose to reply here because I have for the past years been studying judicial immunity, due process, malicious prosecution and so on. I am not an attorney though I have paid for law school twice once for a son who no longer speaks to me and again for the attorney I had to fire after the 100k $ ride she took me on. I believe I could offer some intelligent commentary and Hey did you know kind of things.
So to actually comment on your post. USC 42 1983 is the civil rights statute that most suits of this type are brought under. The most recent case law is a menagerie that seems to look for the judicial immunity out in each case. The best I can describe it in short form is that a judge has to perform a non judicial act which is not a likely event for someone in the defendant position. The courts apply this to administrative functions like hiring and firing court employees thougceptions. But there is also the complete absence of jurisdiction avenue which I believe needs to be explored by each and every person here.
Wonderful work folks please keep it going….. and yes I will donate to help.
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I don’t know that you’ll see this reply, but I’d be glad to host your story if you’d care to share it.
Also, for my own part, there are quite a number of other things I’d rather be thinking and talking about!
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