We are excited to publish the first edition of I Am Not A Lawyer, the Courtroom5 podcast. Joining us is the inimitable Brian Vukadinovich, author of Motion For Justice: I Rest My Case. The book chronicles his long fight with the justice system – both criminal and civil – culminating in a federal wrongful discrimination lawsuit in which Brian represented himself and won. Here is Brian’s story.
Find Brian Vukadinovich on Facebook and on Twitter.
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Jean lower says
Brian is a very intelligent man,I am very proud that he is finally being recognized for his many years of hard work that it took for him to prove,that corruption was involved against him,and prove to everyone,that you can win your battle against corruption,if you put your mind to it,and fight hard enough!!!!Jean
Brian Vukadinovich says
Thanks Jean. You are too kind! And you are right, you can win your battle against corruption if you put your mind to it and fight hard enough! Well said on your part!
Brian
RENE MCINTYRE says
WHAT DOES THE “last “ stand for? some kind of test for testing attorneys.
ToniaT says
Loved his book! Gave me the extra boost of confidence I needed at just the right time. Thanks Brian!
Brian Vukadinovich says
Thanks Tonia! I’m glad that my book was able to give you an extra boost of confidence as I know how tough and unfair the system is making it for pro se’s to get justice. I’m very pleased that you liked my book. I wish you the best in your case and I have my fingers crossed that you will win! It’s hard to get justice, but it’s very important to fight for it!
Brian
Brian Vukadinovich says
I would like to say that I am very humbled that Courtroom5 would ask me to be its first guest on its new podcast show. It was a pleasure doing the interview with Sonja. I have the highest regard for Courtroom5 and what it is doing to help the pro se’s out there who are in need of some help with their cases for such a nominal price for the excellent resources. People without lawyers are entitled to justice in their cases just the same as if they had a lawyer but unfortunately are being discriminated against at every turn. Receiving justice in our court cases is very important and we must fight for it!
Sonja Ebron says
Distinct honor to interview you, Brian, and a pleasure. As these comments demonstrate, you are a great advocate for pro se litigants. Thanks for all you do!
Brian Vukadinovich says
The pleasure was mine Sonja. I always like working with great people who are trying to help people!
ToniaT says
As a Pro Se Plaintiff, there is finally light at the end of the tunnel for my 5 year discrimination and retaliation battle. Federal Trial date is set for August 2020. As I prepare, I’m seeking language advice (Brian and Sonja), for depositions or at the actual trial. Specifically, as a Pro Se, I will be acting as attorney on my behalf, but also as someone who will take the stand as the Plaintiff. When questioning the Defendant’s witness(es) about circumstances relating to me and/or my prior workplace, how shall I refer to myself? For example, “Mr. Employee Relations Officer: What was your response to ______ (Me?/thePlaintiff?/or Ms. My-LastName?), when I/she first came to you with the complaint?”
Any advice or helpful reference material you can share? Thanks.
Brian Vukadinovich says
Hi Tonia,
That is an excellent question. You should refer to yourself in the first person in narrative form. At my federal trial when I represented myself I told the judge that I would like to testify in narrative fashion when I put myself on the witness stand, and the judge approved it. It is actually silly to get on the stand and ask yourself questions and answer back as though somebody else is asking the question. You want to testify in narrative fashion referring to yourself as “I” or “me”, i.e., examples: “What did I tell you?” NOT “What did Ms. Tonia tell you”; or “what did you expect me to do?” NOT “What did you expect Plaintiff Tonia to do?” Some courts even have this built into their local rules so be sure to go over all of your court’s particular rules. At your pretrial conference be sure to tell the judge that you would like to testify in narrative fashion, if the judge doesn’t bring it up to you be sure to bring it up to the judge. And good luck, I wish you the best in your quest for justice! You sound ready! Hold your ground and don’t let them run all over you as they like to do with the pro se’s.
Brian
Joseph Lamar Anglin says
Sir, we have communicated before : since then I have been ‘screwed’ by a US Magistrate. It was obvious at the time that he had been working toward that from the moment that he took control of the “discovery phase” over a year ago. Without going into detail, he has basically ‘thrown the case’ to the defendants. He gave them favorable action in discovery motions (giving them the information they needed while denying my needed) and then ‘stayed’ the Federal proceedings in deference to State proceedings.
Now, there are NO state proceedings to defer to; any State actions require a whole new case filing.
I am at great disadvantage in the State Court because I must be personally present at the hearings and must know the laws as if I were an attorney (In U.S. Court the hearings are by document, allowing me to study the relevant laws for a couple weeks and write up proper filings – I reside in a different State). Now i MUST hire a biased local attorney ( I cannot afford them ).
The ruling to Stay is against all rules and precedence- it was a complete blindside. I have the evidence in hand to nail the opposing law firm on fraud and the other defendants on the claims submitted.
What do I do ?
Brian Vukadinovich says
Hi Joseph,
Yes, you are in a difficult spot, that’s what the unfair system does to people. It’s a big problem in our country. I assume your case is a civil case and not a criminal case. In criminal cases there is a formal mechanism to ask the court for a lawyer for indigency reasons, but in civil cases that is not the case. You’re in between the rock and a hard place on this. It isn’t out of the question to ask the judge in the case if the court would consider appointing a lawyer for you, by law they don’t have to, but their is no law that precludes them from doing so either, and I know there have been cases where judges have appointed lawyers in civil cases, but as I said, while it has happened on occasion, it rarely happens. So unfortunately if the court isn’t willing to appoint a lawyer for you, and you can’t afford one, then you will have to proceed pro se. There really isn’t much anything else you can do in that regard. Something you might consider doing is contacting a law school in your area and asking if their legal clinics might be willing to help you.
Isabel Del Pino Allen says
I was a tenured professor at Miami Dade College in Florida, when I detected that one of the colleagues with whom I had been collaborating on a textbook had plagiarized. I contacted the colleagues and the other contributors to the book, but the colleague took offense and refused to correct the plagiarized information. I took my grievance to the College’s administration which concluded that the plagiarized information was no big deal, I thus went to the media and The Miami Herald and The
Chronicle of Higher Education published articles (the plagiarized information dealt with, ironically, plagiarism). The articles were published on August 14, 2014(the Hera;ld’s article is still up on-line).
When I came back to work I was chastised by the College’s Administration for having gone to the media (although it is my RIGHT) but what is astonishing that, upon the recommendation of an associate provost, I was charged by the plagiarist and another co-author of the plagiarized book with: sexual harassment, harassment based on religion, harassment based on sexual orientation and EEO-related retaliation!
I was astonished by the charges, but nevertheless complied with the charge and demonstrated in writing why the charges were not valid. I went to the faculty union and was more astonished at the fact that the union did not see anything wrong with the College’s accepting fraudulent charges. Surprised at the response, I did a little investigating and learned that the faculty union chief had been receiving a Florida taxpayers-funded “no show job” and State benefits for 15 years while he neither taught at MDC nor managed the union on a full-time basis but instead worked as an attorney in the private sector. It soon became clear to me that the union chief and the college president engaged in a quid pro quo through which the union chief got a $100,000 plus state funded salary in exchange for helping the College get rid of professors who crossed the administration.
There are other incredibly interesting details to all this, but the bottom line is I was fired at the end of the school year by the provost who stated in the dismissal letter that she was basing her decision to terminate my continuing contract on the information stated in the “intent to terminate letter” sent to me. The intent to terminate letter says nothing about the alleged sexual harassment (I believe these charges were initially entered to have me quit in shame) instead the intent to terminate letter lists my transgression as: categorizing plagiarism as a nauseating glitch, having admitted to not being Christian-like, stating that “we are in the business of teaching and not of covering up incompetence.” (BTW, I can provide prove of everything I state, I know all this sounds unbelievable; also the person who wrote the intent to terminate letter signed off on a commendable job performance evaluation three months prior to signing the intent to terminate letter).
I took my grievance to Florida’s Public Employees Relations Commission (PERC) who ruled that the College’s having paid the union chief while the latter did not work was indeed a violation, but that PERC had failed to provide the College with “beneficial guidance” in not making clear that paying a union chief who did not manage the union on a full-time basis a State-funded salary was unacceptable (the union chief had stated during a PERC hearing that he did many thing for the union: he attended charities and other functions, recruited members for the union and lobbied for political causes)
I also sued in Court and have been doing this pro se for five years. I even won an appeal before the appellate court when I sued one of the co-authors for defamation for the co-author stating – when I was initially charged with sexual harassment – that I “frequently went topless around the college campus”! Now, there are no pictures to document this, there are no reports to the police of the paddy wagon about this, there are no dates when this allegedly happened, etc. The lower tribunal judge ruled that I could not charge the co-author for defamation since he was a “public official.” The appellate court ruled in my favor in Isabel del Pino Allen v. Juan Santelises, 240 So. 3d 89 (3d DCA. Fla. 2018) https://www.leagle.com/decision/inflco20180221252
But when the court was remanded to the lower tribunal, the judge who had ruled against was taken off the case and another judge assigned who (despite the “law of the case”) ruled that indeed he was a public official.
To make a very, very, very long story short. I am still struggling as a pro se litigant and facing judges who dismiss what I say (the latest judge granted summary judgment (next step is the appellate court again) stating that my having sent two certified letters to the college president and categorized the College’s paying the union chief for a no-show-job was a “gross waste of public funds” and having the College fired me three months after the initial letter did not constitute a violation of Florida’s whistle Blower Act, even though the Act (Statute 112.3187(5)(b)) specifically references “gross waste of public funds” as the acceptable allegations. Therefore, the judge is interjecting her own opinion, even though the Statute does not call for a judge to assess whether what a whistle-blower calls a gross waste of public funds is so in the judge’s opinion. Incidentally, and this publicly acknowledged (it’s on line) prior to being a judge, the woman who ruled that a State agency granting a no-show job is not an offense, per the whistle-blower’s act, passed-on City of Miami contracts for legal work to her live-in attorney boyfriend. While the Ethics Commission was investigating her actions, she went on leave from her City of Miami job and ran for judge and won. The Ethics Commission ruled that she should not have passed-n work to her boyfriend, but since the person whom she favored was her live-in boyfriend and not her husband, there was no nepotism involve.
In summary, my ordeal has been incredible and I am happy to share it and provide more verifiable details to anyone interested.
Leonard Wyatt Rowe III says
I haven’t read your book. I can’t read any books with my case always on mind. What I did read was an article in the Washington Examiner regarding Rule 28(8), the 14th Amendment and “Oral Arguments.” I filed in June and refiled in September, “Oral Arguments” in the SCOTUS, requesting court appointed counsel as was advised by the Court Clerk Michael Dugan. He took 2 months to dismiss the petition, not for Rule 28(8), but for other reasons that were bias, prejudicial and did not make any sense. As a pro se litigant, I started in the VT Federal District Court, with 12 claims. If it was not so serious, you would laugh your ass off to how delusionary their dismissals are. I would be embarrassed if I ever treated someone like they treated me. Their disingenuous dismissals (AUR) are truly absurd and unconstitutional. The most important claim being, the NH court charging me with crimes of the USPS, arguing the jurisdiction and veracity of the charges in the NH, outstanding felony warrant. The VT court was outrageous in court procedural violations numerously. I studied all the procedures to file my case against NH and other government defendants. I spent almost a whole year studying to make sure I got it right and I know my claims were overwhelmingly meritorious; however, VT dismissed all claims, albeit such were partially dismissed. In dismissal they further claimed, in all claims, that my claims were frivolous, and therefore not amendable. I am very sure that all my claims met the same standards that any attorney could have filed, and needed no amending. What VT was doing is practicing the judiciary custom of protecting their government colleagues. This same custom was practiced by the 2nd Circuit and currently so in the SCOTUS. All the defendants have no other explanations to their guilt of my allegations. The Federal courts have no explanation as well to their abuse of court procedural violations. I am just one person and I have no education beyond high school, but that doesn’t mean I am unintelligent. Clearly the fed courts believe that they are the “superior” groups, and are entitled to dominate me, the “inferior” group, by any discretional means necessary, whether lawfully, or unlawfully. The following are some questions that are very informative. More disgusting is that I have 4 public defendants that from all point of views, the Concord District Court is giving orders directly to the PDs, or by way of the chief pd. It is so criminal and the list goes on. From the defendants to the courts, it is grossly offensive to decency, and morality. They have no integrity. It is so, so disgusting, so egregious, and so much of it, that I really think an inquiry be looked at by someone independent from the court system. At least someone who can at least hear me out to see if their is something. I am the guy because I have so much documentation that can easily be admitted. Do you know how I can get someone to do an inquiry. Do you know anyone that can rescue my case? I have contacted many about help with my Constitutional rights and reminded all that defended and protected the the US Constitution as a 15 years veteran of the USCG and my father before me, father was US Navy critically wounded on the beaches of Normandy at the tender age of 18. I have contacted several senators, Veterans Legal Help, pro bono consortiums, numerous attorneys. I have been trying very hard to win my battle against corruption. I believe if I put my mind to it and fight hard enough and don’t give up, I will be helping not just me, but others after me as well. You know, this country would not be the strongest country in the free world, if not for our veterans.
.
QUESTIONS, BUT NOT ALL
.
1) In the 2nd and the Supreme, as an uneducated, pro se litigant, can the clerks block my case claims over and over on procedural technicalities, preventing my original claims in the VT District from ever being reviewed upon the merits, i.e. reviewed by a justice on the merits? Is there anything I can do to prevent them from blocking me from justice. It does not hardly seems fair that a court clerk can dismiss your entire case without it ever being reviewed by justice. There is no doubt that my claims are meritorious, as I spent almost a year studying how to file claims in the federal district court system. Can a clerk dismiss a pro se litigant
2) VT waited 4 months to dismiss my case altogether and waited that long to grant my motion for in forma pauperis. Waiting that long, VT rendered the motion to be MOOT, and causing it to be ineffective to the purpose of serving defendants, interalia. Consequently, the defendants were never served, or entered in the VT District Court. Can they wait that long to grant my motion for in forma pauperis? Should not it be ruled upon, and entered in the 1st week, particularly to FRCP Rule 1. i.e. the courts should construe and administer to secure the just, speedy, and inexpensive determination of every action and proceeding. I am now in the SCOTUS, on the edge of dismissal. Is there anything I can do I can do?
3) In appeal, the 2nd Circuit, allowed several defendants to enter the appellate court when they were never entered in the VT court before they closed the case altogether. Can they enter defendants in the appellate court procedures, if they were never entered in the VT District Court? Is there anything I can do?
4) Can the VT court leave out any statement of claims I filed properly with the other 11 statement of claims. They purposefully left out my DOJ complaint, with no explanation; however, they mention the DOJ 3 times in the dismissing of my first claim, so they can’t say they never received such. Is there anything I can do?
5) VT waited 4 months to dismiss my “Motion For Counsel,” for reasons of MOOT. Should not the motion be ruled upon in the 1st week? Isn’t VT required to rule on my “motion for counsel” based on the merits, and stare decicis, rather 4 months later as MOOT? The motion for counsel was very comprehensive. It included tests for the courts to determine my appointment for counsel. Since my liberty was at stake in the Judge Doe complaints, isn’t the legal principle of “stare decisis ” practically require courts to appoint counsel when someone’s liberty is at stake for the last 17 years? Where in the court rules, or other such documents, allow the court to dismiss court appointed counsel as “MOOT,” period. They never explain anything to do with merits, or lack of, just a one word dismissal, without no case law, nor court rules, nothing, Just MOOT. Can the courts do that? Are not the courts practically required to appoint counsel in civil cases when person’s liberty is at stake, which is definitely the case with me. Concord NH District Court has an outstanding felony warrant, only New England wide. How does a court execute a very serious felony warrant, and enforcing such only in New England. They know they can’t prove a thing, so they manipulate the system to keep me out of NH, my native state. Can they manipulate a warrant like that?
6) In appeal to the 2nd Circuit, VT as 3rd party in appeal, completely left out my motion for appointed counsel in my appeal. There was never any explanation as to why it was removed from appeal, it just never showed up in the appellate court. In every dismissal by VT, they dismissed my motion for counsel 11 or 12 times singularly as MOOT, proof that the document was entered in the VT court from the beginning. I would never have ever forgotten to enter the most important document in my case. Can the courts do that, leave out whatever they want and give no explanation, or no court rule?
7) I repeatedly tried to enter my motion for counsel in the 2nd, that VT left out, VT’s mistake, not mine. The 2nd repeatedly denied my motions and request because of technicalities of procedural court rules. I didn’t make the mistake, VT did, but the 2nd Circuit is making me completely accountable and responsible to their legalese of court rules, to get it back in to being heard. Can the courts do that?
8) The Concord NH Court District Court arrested me on felony charges, NH RSA, Section 631:4, Criminal Threatening; however the statute for writing and mailing threatening communications to a dozen victims in NH, is not included in the NH statute. Furthermore, the mailing of threatening communications is exclusively a federal charge. Does the Concord court, Judge Doe, have any jurisdiction to arrest me on charges of the USPS, federal jurisdiction? Isn’t Doe in “clear absence of all jurisdiction,” in my arrest, and holding out on an outstanding felony warrant for the last 17 years, to date? I was living in NC, 900 miles away, never in the state, and 10 days before the DOO, hospitalized in a NC Veterans hospital. Can judge Doe be held accountable, i.e. accountable for pain and suffering he caused to me for the last 17 years?
9) If you review my claims and VT’s dismissals, can VT dismiss any claims entirely over one or two issues, construed dubiously, or otherwise, when they are more claims that VT never addresses one way or the other, but dismisses the entire case anyways? Is not that a partial dismissal, regardless to the lack of merits of the dismissals. Can they do that.
10) Do I have the right to refile the same civil law suit in a different district court, and ask for compensation for all the years I have spent in virtual imprisonment. In virtual incarceration, I can see the light of day every day, but I just can’t feel it on any day. What I feel everyday is that I am just locked up and locked in my mind, and I can’t do the things that free people can do, I can’t focus freely on much beyond my case, and I can’t do the things that make you feel free. Every day I feel the pain of my children abandoning me incredulously for a crime that the courts said I was guilty of, but in reality it is the court’s crime and involvement that makes them credibly culpable, that has been by far been weighed against me for almost 17 years. My case is always on my mind, every hour, every day, every year. When will I be free?