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| salt water taffy
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6927
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02-08-2010 06:03 PM ET (US)
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I believe you can sue separate "agents" when they are working outside the scope of their employment under a theory titled: "BIVENS". However, not many cases have won, and those particular agents had to do harm to you directly. In that instance the COMPLAINT would have to be amended and you would have to add each one that did you harm in ONLY Their "INDIVIDUAL CAPACITIES", in the "color of authority". (don't ask me what that means, because I barely know, but you can look it up and get familiar with the term) Not many Bivens claims have won, or they were settled, because I cannot find them. It is based upon a case Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971) This link will explain what the case was about: http://en.wikipedia.org/wiki/Bivens_v._Six_Unknown_Named_AgentsThis is the link which is the "actual" Supreme Court Case: http://supreme.justia.com/us/403/388/I believe the "TORT EXEMPTION" you are speaking about comes under 28 USC 2680(h) which states: (h) Any claim arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights: Provided, That, with regard to acts or omissions of investigative or law enforcement officers of the United States Government, the provisions of this chapter and section 1346 (b) of this title shall apply to any claim arising, on or after the date of the enactment of this proviso, out of assault, battery, false imprisonment, false arrest, abuse of process, or malicious prosecution. For the purpose of this subsection, investigative or law enforcement officer means any officer of the United States who is empowered by law to execute searches, to seize evidence, or to make arrests for violations of Federal law. The Bivens Claim does goes outside the parameter of the "Tort Claim", and is the only Alternative to it, but it only applies to "Individual Government Employees" working in the color of authority, and you better be able to prove that that particular person harmed you directly, or don't bring the claim. If a State employee harmed you in their individual capacity, it would fall under 42 USC 1983, which is the State version of the Bivens claim(s). That Statute states this: TITLE 42--THE PUBLIC HEALTH AND WELFARE CHAPTER 21--CIVIL RIGHTS SUBCHAPTER I--GENERALLY Sec. 1983. Civil action for deprivation of rights Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. If you want to pursue this, you will need to read, read and read some more of cases, statutes, etc. You can do it, but remember, there is always a price to pay for what you believe. I hope the aforementioned information helps you. |  | |
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Robin Wilson-Sauls
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6926
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02-08-2010 12:21 PM ET (US)
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I am soo sorry for what you have suffered. I couldn't imagine! Here is the very Horrifying facts, When it was learned three days after my Attempted Murder, (while at work-by my co-worker) the Depot applied for OWCP to Barr me from tort. Judge Acosta asked the Attorney General's Office, did you apply for OWCP to protect the Governments Interest only ant not Ms. Wilson-Sauls -who responded that the Recipient has no say in the matter. Judge Acosta stated in the Ruling, that the US Government, and all of it's Agents are Barred from being sued even when it is Assault, Rape, and or Murder. The ONLY Authority/Judicial is the Secretary of Labor; which is I want to have a Hearing before! There are no Attorney's now, I am completely alone. Keep your eye on the Air Marshals activities and Law Suit's; it rings Identical to how my Assailant's was Added to do and be protected through erroneous laws.
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| salt water taffy
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6925
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02-08-2010 09:45 AM ET (US)
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Robin, you mentioned you had an attorney a few posts back, is that right? If so, hopefully he is a good attorney, and a specialist at what he does.
The good news is that you are still alive. Step away from this, take a vacation.. go to see people you like/love or enjoy. I have tried the "We the people" argument, however that one is still in court. I have also experienced a very bad accident some 35 years ago when I was on a passenger on a motorcycle, a person who I believe now was more likely than not...drunk ran a stop sign, we both flew over the handle bars, the driver of the motorcycle and I, I landed up on the ground in a pool of blood coming from my ear, I regained consciousness, was in the hospital for amonth, intensive care for a week with a brain contusion, fractured skull, broken arm, damaged nerve in my left arm, broken jaw, chipped teeth. The driver of the motorcycle was not soo lucky. He died instantly after breaking his neck when he hit the top of the car that went through the stop sign. ANd, the hard part. When "I" asked for the ride on the motorcycle at the age of 17, I didn't want to wear a helmet. My friend made me wear that helmet. He saved "my" life, and he lost his, although he was also wearing a helmet.
At that time, people were able to hide their money and take them out of bank accounts. The kid who ran the stop sign was driving his fathers cadillac, who at the time of trial hid all of his money, and he was so cheap that he had only been insured for $25,000.00 in totality. The driver who died (age 19), and worked at the hospital that I was taken to, his family only got $10,000. I believe we got the rest which was mostly used for the "bills".
I was so young and didn't get it, and blamed myself for asking for the ride, that just a few short years later, other friends of mine had a fire in their house, where I sensed prior to that something was wrong, but didn't say anything, it caused me to suffer a nervous breakdown, and even though I was taken to a psychiatric hospital and against my will, the hospital decided to use me as a guinea pig, when they went over my head at the age of 18, and allowed my mother to sign for "shock treatments". After reluctantly having 7 of these from a locked up cell, I lost my memory, and could not even remember if I had friends, let alone who my best friends were. My parents...being ignorant, insensitive, embarrassed,etc. never told anyone close to me where I was because they were ashamed.
You cannot say that I do not know what it's like to suffer tragedy at the hands of someone else, but what I tell you is.. that if God lets you live, it is for a purpose, but not one which will make you worse, but one which can be used to help others.
Allow this attorney to fight this battle for you, and get out of a rut you may not be able to get out of a few years from now!
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| Robin Sauls
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6924
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02-08-2010 04:02 AM ET (US)
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I came too with a 4 Door Dodge Ram parked on my chest, and my head sustained 4 major skull fractures, my face, and jaw were broken, my nose was broken, and my right eye lid, plus my forehead torn completely to the center of my face, all sue to Supervisory Derelict, and Command Disregard-but that doesn't top what Congress has allowed this 3rd Party Management to do-along with severing all federal workers from Civil Protection. I know what you are speaking of, but I know that when I came back into my body, (right after the truck was backed on top of me) that I was made to come back-to do what others refuse to do! Two women; walking on the shore of a river, spied a Baby floating by, and others coming into focus. One of the two ran towards the river and waded grasping the Children; turning to her companion to gain help, she found her companion continuing up shore. Wait; where are you going, I need you to help me! The woman that was moving further up shore stopped, looked and encouraged her companion with-"continue what you are doing-rescuing the Infants; but I need to go and stop whom ever is throwing them in-we both have our jobs to do!" As they Chip away rights people such as Sligshot, and countless others bit by bit rebuild! Not because anyone is special, but because..., "WE ARE THE PEOPLE!"
On Sun, Feb 7, 2010 at 10:38 PM, QT - salt water taffy < qtopic-35-gpw3WiCzYXzg7@quicktopic.com> wrote:
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-- Robin Sauls < replied-to message removed by QT >
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| salt water taffy
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6923
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02-08-2010 01:38 AM ET (US)
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Robin, do yourself a favor. Get what you can, and get out of this mess. Save your health, trust me. This is one system that if not impossible to beat will take away your breath, figuratively, and literally.
Let me see, other than the fact I have been doing this for 24 years this March, even if you win, you lose big time! I have had my teeth replace, lost my gall baldder, both from stress. I now have been diagnosed with Diabetes, and need to get my blood sugar down from a reading of almost 350. The system has a difficult time believing this stuff, no matter how bad it is.
This is a lose, lose circumstance., trust me, I have first rate experience. The only reason I am still suing is because they keep trying to take what little benefits we still have away from us. They just tried to again sever one of my childrens medical insurance and she is in school full time. I used to think they were going to yank her braces off when she was younger, and that took me 14 appeals and briefs to make sure they didn't.
This is a good place to vent, but until the ones who make the decisions see these things as a disaster, then we all just live one day at a time.
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| Robin Sauls
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6922
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02-08-2010 12:46 AM ET (US)
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I understand being Disregarded! After finding the Government/Attorney Generals was aware that Supervisors, as well as the Commander were Liable for my Assaults while I was at work. Let alone the OWCP system, (chipped away at-with the encouragement of the third party Manager-Blue cross/Shield) barring each of these acknowledged actors,not to be held accountable, nor Convicted! I am wanting to now present to Congress the fall out of their actions of Tort Reform, as well as turning OWCP over to a miss managed third party controller!
On Sun, Feb 7, 2010 at 9:09 PM, QT - salt water taffy < qtopic-35-gpw3WiCzYXzg7@quicktopic.com> wrote:
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-- Robin Sauls < replied-to message removed by QT >
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| salt water taffy
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6921
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02-08-2010 12:09 AM ET (US)
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AUSA = Assistant United States Attorney
What the United States Postal Service has done to our family, has not only been a circumstance which is non-recoverable but passed on so that harm was created by additional government and state agencies.. Thanks William J. Henderson...Thanks Marvin Runyon...Thanks John E. Potter!
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Robin Wilson-Sauls
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6920
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02-07-2010 10:25 PM ET (US)
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Taffy- is AUSA acronym for Army?
Sounds like several offices within the Federal System have hurt you..is this right?
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| salt water taffy
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6919
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02-07-2010 08:50 PM ET (US)
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This came back from a security engine program that ran a scan on the IP address of what they were trying to get me to install...
Rating: Adware, spyware, or viruses
This site runs what appears to be a virus scanner which looks like Windows Explorer but within Internet Explorer. Dialogue boxes appear that, irrespective of where you click, bring up a dialogue box that asks you to install and executable. THis is clearly not a "kosher" site.
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| salt water taffy
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6918
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02-07-2010 08:44 PM ET (US)
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sling, spent almost three hours with norton via chat this morning, they wouldn't give it to me.
Oh trust me... this is no kid!! This is the AUSA. I have just waited a very very long time to catch him. I have a numerous amount of cases in Federal Court against USA, etc. I have two AUSA's, and two USAttorneys on this case, and two which are no longer with the case, one who moved to the State of Washington, and one that is in San Diego (now in private practice)
The AUSA in my area "HATES ME" BAD, because of the Post Office Case, which I am happy to say after 10 years in District Court on Two separate Coasts... and spending 3 1/2 years prior in the EEO process, has finally made it to the Appellate Court on a proper appeal, and since we just recently submitted the "Reply Brief" to the Appellate Court, these issues will finally get to be "reviewed"!
A kid would never know the circumstances, and the AUSA would do something low like that, by trying to get one of us to download an anti-virus program/upgrade, whatever so they could get back into our documents and start erasing them, as they have so successfully done before.
Robin...I myself would go to the FBI, but I am suing them as well on a conspiracy claim with other federal agencies, and with the USPS.
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Robin Wilson-Sauls
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6917
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02-07-2010 04:25 PM ET (US)
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I asked Qwest about being bugged, and the FBI, with the Wireless Tap law-no Court Order- agencies can read email's, and listen in-with out answering to any one! The only suggestion is to have your Attorney demand full disclosure/Discovery! Other wise your ridiculed and mocked as being PTSD/Paranoid! The FBI simply told me-all we can say...(wink) is, it isn't us! After Verifying my phone lines were being listened in on!
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Slingshot
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6916
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02-07-2010 03:52 PM ET (US)
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Salt You may be able to contact norton antivirus (or whomever your antivirus company) and it may either be listed on their site or report the virus to them and they may come back and tell you exactly who sent it. That is what is sounds to me like it is. It may be named usattorney but have nothing to do with that organization. This could be some kid with nothing else to do today but write script. .
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| salt water taffy
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6915
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02-07-2010 03:44 PM ET (US)
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Okay, so here's the icing on the cake!!! As if they have not done enough....
What would one do, when they finally discover that the USATTORNEY'S Office is actually hacking into one's home computer? The anti-virus program that I have on the computer(believe it or not) actually says that there was an attempt to hack into the computer this morning with an Fake Anti-Virus Software program, and the destination was listed as being from the "USATTORNEY"
Also, where can I locate a physical address for an IP number that attaches itself to my "Alert"?
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Slingshot
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6914
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02-07-2010 03:42 PM ET (US)
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Robin, Not a problem. Just wanted to point that out to you. If you look to the right side of your post there is a delete button. The reason that I spoke up about this is because a year or two ago, it was found that a lady was using the picture of a child that she got off the internet saying the child was hers and that she had cancer. People were actually donating to this lady I think by the time she was caught she had collected upwards of $40,000. While I do believe that the internet is a useful tool in finding missing persons, it is my personal opinion that this is better accomplished by email than on these kinds of boards. This is only my opinion. I always stand to be corrected. I will delete this post in about 2-3 days and go back to the focus of the board. Again, just my opinion. .
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| Robin Sauls
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6913
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02-07-2010 02:18 PM ET (US)
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You know... one- of the fall outs from not being healed as a Victim- your much faster to jump on the behalf of another! I am so Embarrassed! I have no idea what Snope is, I have never visited there site! I actually limit surfing! But, having listened to your advise I went searching, only to find that many around the globe have received this email-alert-which is very old, and questionable. One more point of learning not to trust. People who want too aid-may wind up only bloodier! I went to take down the post, but on this one message- I do not find an edit, nor remove button-others yes, but not this message; why may I ask? On Sat, Feb 6, 2010 at 7:32 PM, QT - Slingshot < qtopic-35-gpw3WiCzYXzg7@quicktopic.com> wrote:
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-- Robin Sauls < replied-to message removed by QT >
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Slingshot
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6912
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02-06-2010 10:32 PM ET (US)
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/m6911Robin, While I am sympathetic to issues like this one, I would be careful about posting this kind of information. Snopes is not 100% accurate. Snopes cannot verify with 100% precision always. You may want to remove it after a few days. .
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