New York still unready for Maddox
Alton H.Maddox | 4/12/2011, 4:39 p.m.
Against this backdrop, I argued the appeal in Maddox v. Prudenti et. al before a panel of the United States Court of Appeals for the Second Circuit on Aug.8,2008.This appeal not only was outcome-determinative but also involved a Black attorney who had sacrificed his career for the benefit of Blacks. Knowing the modus operandi of the judicial system, I stated publicly that the U.S. Second Circuit Court of Appeals would wait until Christmas Eve to render its decision in Maddox v. Prudenti et. al. Historic dates and holidays are very important to whites in delivering an ominous message to a descendant of enslaved Africans.
The decision would actually coincide with the 2008 Christmas Eve massacre in Covine, Calif. Dressed as Santa Claus, Bruce Jeffrey Pardo walked into a party, killing at least six persons and setting the house on fire with an accelerant. Others were shot. This was obviously a premeditated scheme to harm his recently divorced wife.
The Clerk's Office of the Court informed my office by telephone on Dec. 23 that I could pick up a "summary order" on Christmas Eve. A summary order means that it only applies to a perceived enemy combatant or an alien, and it will not enjoy the benefits of stare decisis or has any precedential value. I refused to participate in this star-chamber by undermining the spiritual meaning of Christmas. The intent was for me to become depressed at the federal courthouse on Christmas Eve. Instead, the decision would have to be mailed to me in Brooklyn. I received it on Dec.30.
In fighting white supremacy, you must have a headquarters. I was out of town during the holidays. If my home had been my headquarters, I would have never received the mail until Jan. 4, 2009. By law, I had to file a petition for rehearing by Jan. 6 if I had been served personally. As it happened, I had to spend my trip in a Georgia law library.
I had modeled my complaint on Hachamovitch v. DeBruno 159 F.3d 687 (2nd. Cir. 1998). The Federal Appeals Court in Manhattan had ruled that a white doctor could sue New York for reinstatement to practice medicine. Dr. Moshe Hachamovitch had been suspended from the practice of medicine. Today, the doctor is back in business in the Bronx. Hachamovitch had engaged in serious professional misconduct, including the death of a female from a botched abortion, and several damage awards involving medical malpractice were accorded to his patients.
Hachamovitch had complained that New York had refused to reopen a closed, disciplinary case based on newly discovered evidence. He sought to clear his name. This is also my claim.
Maddox v.Prudenti et. al is identical factually to Hachamovitch v. DeBruno, except that I am a suspended Black attorney. Both cases should have had the same result. Chief Judge Dennis Jacobs, inter alia, wrote both decisions. While Hachamovitch was accused of serious professional misconduct, including the death of a female, I was accused of refusing to violate the attorney client-privilege.