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PTSD NUT OR HIGH-LEVEL COVERUP? Cunningham v. New Jersey, Part 1
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PTSD NUT OR HIGH-LEVEL COVERUP? Cunningham v. New Jersey, Part 1

 
‘PTSD’ NUT OR HIGH-LEVEL COVERUP? Cunningham v. New Jersey, Part 1
 
http://clashdaily.com/2015/04/ptsd-nut-or-high-level-coverup-cunningham-v-new-jersey-part-1/#
Written by Suzanne Olden on April 12, 2015

A veteran is in a 13 year battle with the New Jersey Supreme Court. He alleges a cover up and wants justice to prevail, they think he’s a nut suffering from PTSD who shouldn’t be taken seriously. Who’s right?  

So what’s the story? In this first part, I will address the facts as presented by John “Jack” Cunningham. Cunningham is a disabled Vietnam veteran who served with honor and was honorably discharged. He does suffer from PTSD and is currently on disability because of it. PTSD doesn’t make a person unable to tell truth from conspiracy. It’s also not something others should use to discredit and slander.

Cunningham hired the law firm of Maynard & Truland, LLC to help him with a legal matter – a divorce. He signed an Agreement to Provide Legal Services and gave them a retainer check. He became unhappy with the timeliness of the representation he received. This lack of timeliness cause a default to be entered against him in the divorce, an action that the firm took weeks to advise him had happened. It was so egregious that Cunningham’s ex-wife offered her written statement to help him defend himself in later Court documents. She stated that despite having an attorney present, Mr. Cunningham seemed to be representing himself. The kicker? Cunningham was billed for this questionable representation.

He complained to the firm and the State Ethics Committee. What he was not aware of was that a partner at that firm, Robert Correale, who had showed up at his divorce arbitration but was utterly unprepared and never spoke, was on said Ethics Committee. Correale sent a certification to the Supreme Court Office of Attorney Ethics in defense of his firm. This certification conveniently left out key facts, and per Mr. Cunningham, outright lied about others, and had no supporting documentation. Supporting documentation is a commonly accepted practice, and the absence of any throws most defenses into question.

This ethics violation was assigned for investigation to the committee that Correale was Vice-Chair. In other words, the complaint about Correale and his firm was to be investigated by Correale. A clear violation of attorney ethics as pertains to conflict of interest.

Robert Correale, Cunningham alleges, used his sphere of influence as a sitting member of the Ethics Committee, to block his allegations of legal malpractice and other ethics violations. This was even after Correale resigned from the committee. Other issues, such as conveniently disappearing court recordings before transcription, and openly mocking Cunningham in Court documents, were not unusual. He also billed him for more than his retainer and sued Cunningham for that balance when he refused to pay.

Cunningham went on a letter writing campaign that has lasted 13 years. It took the response of Governor James McGreevey to get the Office of Attorney Ethics to admit that, if Correale’s committee carried out the investigation there would be a conflict of interest. It was only then that the investigation was transferred to another committee outside Correale’s direct area of responsibility. Apparently, though, not outside of his sphere of influence.

Cunningham continued his campaign to see that Correale was charged for his ethics violations. 13 years later, this hasn’t happened.

Part 2 of this will address the issues in more depth, but I certainly question the lack of appropriate response from the law firm, McGreevey administration, or from the Christie administration. If all Cunningham’s allegations are true, and he does have plenty of written evidence to back himself up, why is this being buried? If the firm messed up, why not just admit it?

Could it be that it’s easier to just cast the complainant as a crazy Vietnam Vet who shouldn’t be taken seriously? No damages, it just quietly goes away. The problem is they underestimated this veteran. He isn’t going quietly!

More to come (watch for part 2)

 

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Jack Cunningham's case is interesting, I have run into certain things in NJ courts myself…

Statute of limitations issue is bogus… fraud has no limitation in federal court, and Statute of limitations runs from the time the fraud is found… It is an act to deceive, an act of fraud, an act to manipulate due process, - sanctions should be implemented – One of many cases spell this out… Referring both to the objective and subjective elements, we have held that qualified immunity would be defeated if an official "knew or reasonably should have known that the action he took within his sphere of official responsibility would violate the constitutional rights of the [plaintiff], or if he took the action with the malicious intention to cause a deprivation of constitutional rights or other injury." Harlow et al v. Fitzgerald, 457 U.S. 800; 102 S. Ct. 2727; 73 L. Ed. 2d 396; (1982). (Emphasis added)

File a civil suit in the United States District Court for the District of New Jersey (federal court) - file this Civil Complaint under U.S.C. 28 §1331, federal question, civil actions arising under the Constitution, under U.S.C. 42 §1983, a civil action for deprivation of rights, and U.S.C. 42 §1985 a civil action for Conspiracy to interfere with civil rights against all Defendant’s you can list (growing list below)… you can do it pro se and file an application to proceed indigent… all documents are on the District of New Jersey (federal court)’s web site…  

State courts have concurring jurisdiction over this type of civil suit, it can be filed in state court BUT Federal Courts are more easygoing with Pro Se writings, minor errors in format and rules etc… And if a state attorney represented anyone, the challenge here would be if he was authorized to do so… i.e. an application filed for their service, defendant within the scope of employment… etc… if not.. it was fraud…

Check out the principles of the Noerr-Pennington Doctrine… first Amendment Rights… you may have further elements to build your case…

Void Judgments, move to vacate previous judgments for harmful errors, constitutional violations, fraud… etc… all forms and docs you need are on the court web sites.

Bill  

Help bring this to Justice.

 

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A proud, decorated, combat veteran is asking federal court in Newark, NJ for 'reasonable court accommodations' for his PTSD disability, so that his evidence-laden case against the State of New Jersey does not get thrown out due to a formatting technicality.
http://www.examiner.com/article/vietnan-veteran-still-seeks-justice-from-new-jersey-courts-after-15-years 

 

 

How John Cunningham's Civil Legal Malpractice Case against New Jersey Supreme Court Office of Attorney Ethics official Robert Correale ended up.

A Superior Court transcript went strangely missing...  And then the case was bounced out in the New Jersey Appellate Division for 'lack of merit.'

 

Superior Court Appellate Division:  How easy it is to bush aside a PTSD veteran's brief. 
 
PTSD Disabled Veteran John Cunningham's first attempt at a brief was already rejected.

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In an earlier Superior Court case on this, Judge Ronald Graves determined that John Cunningham's charges of Legal Malpractice against Robert Correale, Joe Truland and the Maynard & Truland law firm warranted the Superior Court Law Division for damages.   However, Judge Ronald Graves decision could not be typed into a Court Transcript because that part of the court's audio went strangely missing.  In an attempt to bring Justice, John Cunningham had to bring his Legal Malpractice charges on up to the New Jersey Appellate Division.

Although John Cunningham's both attempts at a brief mentioned Superior Court Judge Ronald Graves missing court transcript, Cunningham's Appellate Division case was rejected for 'Lack of Merit.'