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Vietnam veteran still seeks justice from New Jersey courts after 15 years

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Story by Joe Newby

On Saturday, John "Jack" Cunningham, a veteran of the United States Marine Corps who served in Vietnam, told Examiner.com that he is still seeking justice in a case against the New Jersey state Supreme Court Office of Attorney Ethics. We first told Cunningham's story back in June 2014 and, he said, the battle continues. Now, he said he is being forced to deal with the situation in federal court. 

The current case stems from a 2000 divorce. At the time, Cunningham said he was concerned the court would use his PTSD against him, so he hired a law firm to represent him. Even though he paid his retainer, Cunningham said the firm never returned his calls and letters and the attorney, Robert D. Correale, came to court unprepared to argue his case, he added.

Nevertheless, the firm sued him two years later for $2,000 they claimed he owed them. Cunningham filed a counter-suit, and the case went to arbitration where, he added, nothing was resolved.

Other irregularities cropped up, like missing statements from the court transcript. He reached out to a variety of state lawmakers, including former Govs. Richard Codey and Jon Corzine. He posted a 2009 letter written on his behalf by state Sen. Steven Oroho, noting that his first attempt to get information went unanswered.

He also reached out to Chris Christie, the current governor and GOP presidential candidate. Again, he heard nothing. Ultimately, his case was tossed thanks in part to the missing portions of the transcript.

But Cunningham didn't let it go and is now bringing the state Supreme Court Office of Attorney Ethics to court for fraud and deception. The 65-year-old veteran says the case is taking a major toll on him physically and emotionally. Now he says he might be "forced to get one of those donation collection sites" to help his cause. The "big thing" now, he added, is to get "reasonable court accommodations" for PTSD from the federal court in an effort to keep his case from being swept under the rug.

Cunningham has also set up a petition at causes.com demanding due process and asking Christie to call for an investigation of Correale. The petition now has over 21,000 signatures.

"I believe that if there was an acknowledgment on the part of Correale, et al, of wrongdoing, negligence and use of undue influence in an effort to make him go away, he would do just that – go away," Suzanne Olden wrote at Clash Daily earlier this year. "Maybe a public statement along the lines of 'We mishandled his case badly and in an effort to avoid liability behaved badly and we apologize' would appease Cunningham. Then again, maybe not since it appears that several administrations have appeared to collude in this cover up. But sometimes publicly saying 'I screwed up and I apologize' is all it takes."

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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  

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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.'