Hospitals & Asylums
United States District
Southern District of Ohio
Anthony J. Sanders, Plaintiff vs. Hamilton County Community Board of Mental Health, et al, Defendants
Case No. 1:08-cv-220
April 10, 2008
Plaintiff, a resident of Cincinnati, Ohio brings this action against Hamilton County Community Board of Mental Health and others alleging a violation of his rights. By separate Order issue this date, plaintiff has been granted leave to proceed in forma pauperis pursuant to 28USC§1915. This matter is before the Court for a sua sponte review of the plaintiff’s complaint to determine whether the complaint or any portion of it, should be dismissed because it is frivolous, malicious, fails to state a claim upon which relief may be granted or seeks monetary relief from a defendant who is immune from such relief 28USC§1915(e)(2)(B)
In enacting the original in forma pauperis status, Congress recognized that a “litigant whose filing fees and court costs are assumed by the public, unlike a paying litigant, lacks an economic incentive to refrain from filing frivolous, malicious or repetitive lawsuits.” Denton v. Hernandez, 504 US 25, 31 (1992) (quoting Neitzke v. Williams, 490 US 319, 324 (1989). To prevent such abusive litigation, Congress has authorized federal courts to dismiss an in forma pauperis complaint if they are satisfied the action is frivolous or malicious. Id,; see 28USC§1915e)(2)(B)(i). A complaint may be dismissed as frivolous when the plaintiff cannot make any claim with a rational or arguable basis in fact or law. Neitzke v. Williams, 490 US 319, 328-29 (1989); see also Lawler v. Marshall, 898 F.2d 1196, 1198 (6th Cir. 1990). An action has no arguable legal basis when the defendant is immune from suit or when plaintiff claims a violation of a legal interest which clearly does not exist. Neitzke, 490 US at 327. An action has no arguable factual basis when the allegations are delusional or rise to the level of irrational or “wholly incredible.” Denton v. Hernandez, 504 US 25, 32 (1992); Lawler, 898 F.2d at 1199.
Congress has also authorized the dismissal of complaints which fail to state a claim upon which relief may be granted or which seek monetary relief from a defendant who is immune from such relief. 28USC§§1915(e)(2)(B)(ii-iii). Plaintiff’s complaint must “give the defendant fair notice of what the…claim is and the grounds upon which it rests,” Erickson v. Pardus, 127 S. Ct. 2197, 2200 (2007) (citations omitted); Wysong v. Dow Chemical Co., 503 F.3d 441, 446 (6th Cir. 2007), and provide “enough facts to state a claim to relief that is plausible on its face.” Bell Atlantic Corp v. Twombly, 127 S. Ct. 1955, 1974 (2007).
Plaintiff’s pro se complaint alleges the following:
Psychiatric Emergency Services (PES) is a criminal forfeiture. I was falsely arrested twice in the month of March 5-19 & 20-25. I was detained by Dr. Griffin companion to Dr. Newton who was sued in ’98 for abuse in ’96.
Like PES the trial court is in need take over by the Hamilton County Community Board of Mental Health. The trial is false and sides with the wrong side. Not death, liberty.
As a former institutional Dr. Newton talks for too long with his patients who need to be released. Dr. Griffith needs to talk more with his patients. A private lawyer should be retained to civilize Dr. Newton.
There was another fake arrest in ’06. It is hoped to end this dispute Sanders v. Newton with the dismissal of the US Supreme Court.
(Complaint at 5). The Court is unable to discern the type of relief plaintiff is seeking.
In this case, plaintiff has failed to asset any claim with an arguable basis in law over which the Court has subject matter jurisdiction. To the extent plaintiff seeks to invoke the diversity jurisdiction of the Court, his complaint reveal such jurisdiction is lacking. A district court has jurisdiction over a suit between citizens of different states when the amount in controversy “exceeds the sum or value of $75,000, exclusive of interest and costs.” 28USC§1332(a). For a federal court to have diversity jurisdiction pursuant to section 1332(a), the citizenship of the plaintiff must be “diverse from the citizenship of each defendant” thereby ensuring “complete diversity”. Caterpillar Inc. v. Lewis, 519 US 61,68 (1996), citing State Farm Fire & Casualty Co. v. Tashire, 386 US 523, 531 (1967). In other words, for complete diversity to exist the plaintiff must be a citizen of a different state than each of the defendants. Caterpillar, 519 US at 68; Napletana v. Hillsdale College, 385 F. 2d 871, 872 (6th Cir. 1967). In the absence of complete diversity, the Court lacks subject matter jurisdiction. Caterpillar, 519 US at 68.
There is no complete diversity of citizenship in this case. Plaintiff and the defendants are Ohio citizens. In addition, plaintiff does not allege facts indicating the amount in controversy exceeds $75,000. Accordingly, this Court lacks subject matter jurisdiction on the basis of diversity of citizenship.
Nor does the complaint allege a violation of federal law. District courts have original federal jurisdiction over case§s “arising under the Constitution, laws, or treaties of the United States.” 28USC§1331. In order to invoke the Court’s federal question jurisdiction pursuant to 28USC§1331. plaintiff must allege facts showing his claim arises under federal law. A case arises under federal law when an issue of federal law appears on the face of a well-pleaded complaint. Metropolitan Life Ins. Co. v. Taylor, 481 US 58, 63 (1987).
Plaintiff’s complaint fails to state a claim for relief under 42USC§1983. To state a claim for relief under 42USC§1983, plaintiff must allege facts showing 1) the deprivation of a right or privilege secured by the Constitution or laws of the United States, and 2) the deprivation was caused by a person acting under color of state law. Paratt v. Taylor, 451 US 527, 535 (1981), overruled in part on other grounds, Daniels v. Williams, 474 US 327 (1986). To the extent plaintiff has named as defendant private individuals, his complaint fails to allege any facts showing such defendants acted under color of state law for purposes of Section 1983 liability. A private individual or entity acting on its own cannot deprive a citizen of his constitutional rights. Lugar v. Edmondson Oil Co., 457 US 922 (1982). See Lansing v. City of Memphis, 202 F.3d 821, 828 (6th Cir. 2000). Although a private actor acting in concert with state officials may be subject to §1983 liability, Dennis v. Sparks, 449 US 24, 27-28 (1980). Plaintiff has failed to allege any facts whatsoever showing these defendants either conspired or acted in concert with state officials. In addition, plaintiff’s complaint fails to allege facts showing how these defendants somehow violated his constitutional rights. There, the complaint fails to state a claim for relief under §1983 against the defendants.
The Court cannot discern any other possible federal claim stemming from plaintiff’s allegations.
According, the Court concludes the palintiff’s complaint is subject to dismissal as frivolous under 28USC1915(e)(2)(B), for lack of subject matter jurisdiction under Fed. R. Civ. P. 12(h)(3) and for failure to state a claim for relief under 42USC§1983. The complaint is hereby DISMISSED.
The Court certifies pursuant to 28USC§1915a that for the foregoing reasons an appeal of this Order would not be taken in good faith and therefore denies plaintiff leave to appeal in forma pauperis. Plaintiff remains free to apply to proceed in forma pauperis in the Court of Appeals. See Callihan v. Schneider, 178 F. 3d 800, 803 (6th Cir. 1999), overruling in part Floyd v. United States Postal Serv., 105 F3d 274, 277 (6th Cir. 1997).
IT IS SO ORDERED
Susan J. Dlott, Judge
Southern District of Ohio
Case No. 1-08-CV-220.
By Anthony J. Sanders
1. Missing the equinox, Purim and Easter I was falsely arrested immediately after the Ohio Primaries, from around 2:30 pm on March 5, 2008 until 2:30 pm on March 19, 2008, to get my quarterly newsletter sent off in time for the equinox, 14 days. Twenty-four hours after being released I was re-arrested and detained for five days, from March 20-25, before getting my work done. I now suffer from a phobia that is less severe now that I have slept a night and isolated the problem from anxiety, that would be in the stomach, to arrest phobia in the head, that can be treated with visual meditation and talk radio. I am looking forward to a visit from my transitional case manager. Case management should help with my mother’s betrayal to the espionage and censorship of the military and the political persecution of the County, with the exception of the Board of Mental Health, who has been negligent in redressing the most severe of the abuse, and been censured since 2006, and is now back. It is hoped to keep case management for only a short while whereas it is not literate and therefore presents a threat of conflict of interest. This case is structured to enable the alleged mentally people detained against their will to be released to a decent living situation of their choice. The complexity of individual circumstances requires they speak for themselves, as pro se plaintiffs, they all need freedom. This case looks at the doctors, the federal Court, the patients, the dissolutions undermining the system and solutions for these organizational problems. I am praying for the peace of mind to draft a 50-100 page manuscript on the Nationalization of Health Insurance and do not want to be interfered with in the month of April
2. The false arrest was reported to the Hamilton County Community Board of Mental Health by email on March 5th around 3 pm. The message “to transfer headquarters of Mobil Crisis to the Mental Health Board with access to community shelters”, was referred to as “the messiah” by Ms. Hernandez who wrote the 72 hour hold that was enforced by a special Cincinnati Police officer. Intake on the 5th went from a toxic girlfriend at 3 pm to a complete illegal anesthetization around midnight by nurse Carol, when I was urinating. The intake Dr. Mann, did not know his own name, nor was the intake social worker Mike Heatherly I126 social. I do not recall my transfer from Intake to 8 West. Staff report I was too heavily sedated to sign the intake form. The friendly black doorman, nurse Bill, pled, Peter’s Principle, whereby in any organization every employee rises to his level of incompetence. All valuable work is therefore done by people who have not yet reached that level. People must be cautious with leadership because they often accept positions of power for which they are not qualified although they may have performed well in another, lesser or more specialized position as published by a Canadian-born author, Professor Lawrence J. Peter, in 1969 at cited in Art. 46 pertaining to Fair Wages of the ninth draft of the Constitution of Hospitals & Asylums Non Government Economics of President’s Day 2008.
3 .Although different, this false arrest bears considerable resemblance to that in Hospitals & Asylums v. Health Alliance HA-9-9-06. The strongest resemblance between these arrests of different years is that in the lead up to the false arrest I was forced to defend my life against women with access to my housing, from administering the angina producing toxin that seems to be the leading cause of death. The arrests would come after I contacted the police to enforce the prohibition with respect to biological weapons 18USC(10)I§175, now a five year sentence. Because it is angina, a deadly toxin, not a class C torture, it is best to process as a class A felony for the purpose of determining how much abuse is wreaked by the abuser and how much by the abused. The Probate records clearly show how bio-terrorism is tolerated and the victim was persecuted by the legal system. Health and legal professionals need much better training to successfully prohibit biological weapons, with a good confession many lives and relationships could be saved, these cases should not be referred to psychiatry. Psychiatric hospitalization is clearly an end game when the bio-terrorists settle for the deprivation of liberty, also a class A felony. It would be more effective to deal with bio-terrorism honestly, confidentially with the victim(s). Bio-terrorism and torture are so common an AA type program is reasonable, if such a program could be trusted to be safe.
4. Although both are unpleasant for their patients Drs. Griffin and Newton are polar opposites. Dr. Newton, a former state mental institution psychiatrist, comes in early to talk for ten minutes a day, with his patients, who are not freed. Dr. Griffin, on the other hand, comes in at 10 am and leaves at 2pm, and talks for five minutes a week with his patients, who do tend to be released after ten minutes of dialogue. While Dr. Newton appears to be a model psychiatrist, smiling, talking, listening and coming in early, his patients, particularly the intelligent ones, do not seem to get out. Perhaps as the result of Dr. Newton’s addiction to talking Dr. Griffin barely talks at all. Dr. Griffin made his understanding of addiction clear by discontinuing Ativan and Ambien whose withdrawal cause the insomnia and restlessness underlying my arrest phobia. It is probably that Dr. Griffin needs to be less fearful of enjoying talking with his patients. If he would release the intelligent people there would be no negative addictive qualities to talking with patients. It is probable that Dr. Newton rules the ward with a secret iron fist of unpleasantness and dashed expectations, he acquired at the state mental institution, and must be distanced under conflict of interest law, to heighten the professionalism and enthusiasm of Dr. Griffin. The nurses and therapists are pretty good and need little explanation. It would be good to require an intake essay and exit essay from patients. For their part the patients need to stop being so nice and threaten malpractice lawsuits when their rights and responsibilities are infringed upon. Dr. Newton should retain a private attorney and Dr. Griffin should talk more with his patients and release the even faster.
5. Darryl Williams, a patient who has not had a trial after a month, suggested a plaintiff class action under Rule 23 of the Federal Rules of Civil Procedure. Having petitioned the Federal Court in Sanders v. Newton et al US DC S. Ohio C-98-411-466 and Constitutional Mental Health Commission v. Pauline Warfield Lewis Center US 6th Cir. No. 00-4185 (2000) it is high time to petition the US Supreme Court. The dismissal of the Supreme Court is sought to relieve the psychiatrist and his conspiracy from the pressures of the federal Court. A conflict of interest is nothing to sustain, particularly in the corrupt local political environment, noted in Duke Energy, a Kentucky Corporation HA-3-3-08. Hospitals & Asylums, on the other hand, is federal research, and wishes for a dismissal for closure. It is also hoped to seal my records Nos. 1996000222, 2006000523 etc, at Probate Court so the next spiteful investigator cannot find purchase and maybe seal all the mental health records so that these defamatory records of witnesses are not public. Dr. Newton, now a private physician, appears to have a corrupt vendetta against me, and maybe everyone intelligent. He tortured me within an inch of my life in 1996 was sued in 1998 and struck me a second time in 2006 as captured in Hospitals & Asylums v. Health Alliance HA-9-9-06.
6. Under Article 41.1 of the Local Civil and Criminal Rules the assignment of previously dismissed (civil) actions is relegated to the same judge and magistrate judge who head the action, unless the chief judge should object. In this case the Judge is Weber. Magistrate Sherman has since retired and another can be appointed. The action that they are hoped to perform is three-fold. First, instill confidence in the Hamilton County Community Board of Mental Health to properly regulate mental health in Hamilton County. Second, the District Court is sought to protect their federal researcher by seeing that his Probate record is sealed so that the public cannot access it by Internet, with a thought to seal all mental health records. Third, the District Court is sought to authorize and serve a direct appeal to the US Supreme Court in regards to the dismissals from 1999 and 2000 for the Supreme Court to also dismiss the action without the forty copies or arguments to grant parties closure under Rule 18 of the Rules of the Supreme Court. It is requested that this action be tried by email because HA has not printer. The email address of the Court shall be kept confidential because they obviously wish for secrecy from this new form of correspondence that doesn’t require the felling of trees. The parties cannot rely upon the Court for this reason but it would be just for Sanders and Newton to be dismissed from the US Supreme Court. There should be no appointments arising from the Court or Bar, only dismissal, Hospitals & Asylums has an underappreciated political lobby that the Court must not accidentally usurp.
7. In Waddah Mustapha (a.k.a. Martin Mustapha) v. Culligan of Canada Ltd C- 31902 the Canadian Supreme Court questions a tort against a water supply company for psychiatric damages caused by seeing flies in water. The Court had previously decided that the police and professionals are not immune from tort claims that are important to uphold the duty of care in Hill v. Hamilton‑Wentworth Regional Police Services 2007 SCC 41 October 4. The US Supreme Court however held in Abdus-Shahid M. S. Ali, Petitioner v. Federal Bureau of Prisons et al No. 06-9130 January 22, 2008 that the plaintiff was not due the $177 for two Korans and prayer rug lost in the move. CMS has been informed to inform the Health Alliance to stop all payment in my name to prevent a bloody discharge. At minimum wage estimated about $6.25, the 456 hours spent at University Hospital, would cost a reasonable $2,850 in back wages. The Health Alliance is most encouraged to pay Hospitals & Asylums. Whereas we are in the US it is thought to not be confused with a nasty creditor and instead take this opportunity to solicit for donations to the Author(s). The alleged mentally ill (ami) residents of 8 West each have a world of problems that require freedom to solve. Money is sometimes the answer. To understand the personal problems they face, they seem to come in five varieties – the mentally ill, grounds for a divorce, child abuse, elderly searching for a retirement home and the prohibition with respect of biological weapons. All are in some state of eviction. To review them we shall abide by the adage age before beauty, ladies first.
8. Mary Lou Graber-Zinveli is a charming, healthy and cheerful 70 year old female. She would wake up early every morning, and put on lipstick, hoping to be taken out to get cigarettes and coffee, at the local UDF. Ps-alm 90 (10) states, “the days of our lives are 70 yrs, and by reason and strength 80, yet they boast only of labor and sorrow.” Mary Lous had been hospitalized for a month. She served most of her adult career in the US military and is highly interested in retiring to the Armed Forces Retirement Home under 24USC(10)§412(a) persons are eligible for the Armed Forces Retirement Home if they are over 60 years of age and were honorably discharged after 20 years of service. Ineligibility can result for people who are not free of drug or psychiatric problems. Nursing home care is expensive and there are physical requirements. Locally Pass R checks for mental health and MRDD treatment routinely deny eligibility to people who might be agitated and cause disruption in a home. Long term care is qualified by the state. Assisted living is not monitored by the state but by the city. Locally some facilities have grandfathered smoking sections and allow smoking. The Chief Operating Officer must certify that Mary Lou is free of psychiatric and drug problems. She is also free to apply to local nursing homes. She should be assisted to do so.
9. Erica, a former Indian Hill teacher, needs custodial rights to her daughter, a divorce proceeding, labor arbitration and a release from a psychiatric hospital. Erica’s documentation was impeccable, no witnesses showed but the Department of Justice. She wants a lawyer and needs to be released. She has plenty of money but has been institutionalized for more than a month on separate occasions at the behest of her husband and mother. Her wealthy father is coming up from Tennessee to see her when she is released. Erica was dumped out of a wheel chair when she went to her high school to see about collecting disability while she recovered. She was then arrested and beaten by the police. She is entitled to up to a million dollars and a lawyer willing to represent her claim without prejudicing her career as a school teacher or mother. She was evicted from one apartment because her cat destroyed the furniture and rented a new one. Hospitalization has prevented her from being properly redressed. Nothing should impede her release. In Council of Canadians with Disabilities v. Via Rail Canada Inc., SCC 15 of 23 March 2007 under the concept of reasonable accommodation, service providers have a duty to do whatever is reasonably possible to accommodate persons with disabilities.
10. The Steves were a pair. An elderly Stever left the same day as I the first time. He still needs new glasses, and maybe a divorce. It seems unlikely that hospitalization treated his romance failure. The younger Steve was not interested in Court and lost his job because he was not freed in time, his mother truly cares and unemployment insurance might, as well. Steve had the bright idea to post a goodbye notice on the billboard. Darryl Williams, an enormous black former military and local police officer, from Ghana with dual US citizenship, needs to be released to an apartment he can afford and a fair share of his father’s will. Mike Shots in room 8350 needs to stop being forcibly injected every time he steals food to supplement the meager diet afforded that room, the lockers need to be cleaned out of smelly clothes. Mike is too proud to plead mental retardation, for work release. James and I shared a room at first and also the bad luck of being falsely arrested twice. The two long lost hillbilly cousins were criminal enough to be released swiftly. One 23 years old had both his legs blown off by an AK-47 two years ago. The other attempted to commit suicide by drinking a solvent in a Kentucky jail, where he was being falsely held on DUI charges, and was saved by University Hospital trauma. He was released on his own cognizance. All these people are either free or need to be freed.
11. Many patients found solace in the Bible. These two weeks of institutionalization gave me time to get in touch with my Jewish heritage thanks to Rabbi Yakov Karp. I paced the short hallway taking notes from the Chamush: The Book of Genesis, as interpreted by Rabbi Chaim Miller and enjoying thousands of years of stories regarding the persecution of the Jews. According to both Noachide Law and Jewish Law land acquired by military force is not considered to be a stolen property. God did not want man to become aware of the concept of evil because man is unable to remain totally aloof from what they come to understand. Judge every person favorably (Amos 1:61) In the beginning it was God’s intention to create a world with the attribute of justice, but he realized that the world would not be able to endure so he gave precedence to the attribute of mercy, and allied it with the attribute of justice. In Rabbis Meir Zlotowitz’s and Nosson Shcerman’s Book of Esther: The Megillah with the Complete Purim Evening Service states, “the drinking was according to the law, there was no coercion…there are certain people who do not obey the king’s law…it is not befitting for the king to tolerate them”. Queen Esther states, my people have been sold to be destroyed, to be slain and to be exterminated. Had we been sold as slaves and maidservants, I would have kept quiet, for the adversary is not worthy of the king’s damage. Blessed are you, our God, King of the Universe, Who takes up our grievances, judges our claim, rights our wrong.
12. To solve the three dissolutions that are proliferating psychiatric malpractice in the Hamilton County, Ohio area it is important to understand conflict of interest law as social work applies to physicians. Report of the Committee on the Limitation of Actions 1949 (Cmd 7740) under the chairmanship of Lord Justice Tucker that consider that the period of limitation we have recommended should apply to all actions for personal injuries, whether the defendant is a public authority or not. We wish to make it clear that we do not include in that category actions for trespass to the person, false imprisonment, malicious prosecution, or defamation of character, and include such actions as claims for negligence against doctors. Although people are welcome to act prose, speaking for themselves, and generally do in small cases, it is wise for parties to judicial proceedings, both plaintiffs and defendants, to hire a lawyer to represent them. Lawyers work for their clients and may be discharged or may resign if a conflict of interest manifests in which case a lawyer may be sued to disgorge their profits Strother v. 3464920 Canada Inc. 2007 SCC 24 June 1 much like social workers under the professional code of ethics of the National Association of Social Workers whose primary mission “is to enhance human well-being and help meet the basic human needs of all people, with particular attention the needs and empowerment of people who are vulnerable, oppressed and living in poverty”.
13. The 72 Hour Hold warrants issued by Mobile Crisis of the University Hospital Psychiatric Emergency Service (PES) to the police are clearly in violation of federal law pertaining to Enticement into slavery 18USC(77)§1583. Under this law whoever kidnaps or carries away any other person, with the intent that such other person be sold into involuntary servitude, or held as a slave shall be fined under this title or imprisoned not more than 20 years, or both. If death results from the violation of this section, or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title or imprisoned for any term of years or life, or both. This is a considerable amount of liability for a non-state actor. The Hamilton County Community Board of Mental Health is therefore asked to intervene so that Mobile Crisis would be headquartered with the Board of Mental Health and provide people in need with immediate access to community mental health shelter beds. University Hospital must cease to advertise Psychiatric Emergency Services in the phone book. They may instead advertise a normal psychiatric department. The Board may wish for MHAP to rehire Mobile Crisis and PES employees and close the organization forever.
14. The hearing at Probate Court was not on the right side and filled with lies. Magistrate Kendall Coes was dispassionate. The independent counsel Attorney Shannon Smith #0011989 and Dr. Nancy Fuller were ineffective at granting liberty but probably protect the lives of the falsely arrested. Dr. Fuller gave a prognosis of schizo-effective disorder that Magistrate Coes interpreted from the DSM-IV to mean a disorder of short duration. This ruling was fair, but it is hoped the Mental Health Board, will adopt the tribunal; freeing our wills from the slavery of the alleged mentally ill that would be entirely under the discretion of the Board. To do justice the Board would interview every patient at the psychiatric hospitals weekly for a timely release under 24USC(9)§326. In the Ohio Revised Code at RC 5122.01 Mental illness means a substantial disorder of thought, mood, perception, orientation, or memory that grossly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life. Mentally ill person subject to hospitalization by court order means a mentally ill person who, because of the person’s illness: Represents a substantial risk of physical harm to self as manifested by evidence of threats of, or attempts at, suicide or serious self-inflicted bodily harm. At (R) “Expunge” means the removal and destruction of court files and records, originals and copies, and the deletion of all index references. The Board must take responsibility for the adjudication of the mentally ill from the Probate Court, who is responsible for the adjudication of wills, and must be removed from the means to poison their clients, a free will is a necessity and only the Board is qualified to adjudicate the alleged mentally ill, probably in weekly sweeps of the hospitals.
15. As the result of the apparent trademark infringement, of the Health Alliance of Greater Cincinnati, upon the nearly 200 year tradition of Hospitals & Asylums, the dissolution of the Health Alliance recieves a particularly lengthy explanation. On March 27, 2008 the World Intellectual Property Organization reported, DNS Developments Feed Growing Cybersquatting Concerns PR/2008/544. In 2007 a record 2,156 complaints alleging cybersquatting – or the abusive registration of trademarks on the Internet - were filed with the World Intellectual Property Organization’s (WIPO) Arbitration and Mediation Center (Center), representing an 18% increase over 2006 and a 48% increase over 2005. As people are using the Internet a number of companies are having disputes regarding the use of domain names. Having risen to the Internet in 2005 Hospitals & Asylums has encountered infringement with the Health Alliance of Greater Cincinnati. Although not specifically a domain name suit, there is debate as to who has rights to the laughter is the best medicine motto, Hospitals & Asylums or the Health Alliance? The Health Alliance has not behaved appropriately with the author of Hospitals & Asylums on two occasions and should apologize by paying minimum wage for time served rather than charging any money for this service.
WIPO Domain Name Cases 1999-2007
16. The World Health Organization (WHO) defines pharmacovigilance as “the science and activities relating to the detection, assessment, understanding and prevention of adverse affects or any other possible drug-related problems” under the International Pharmaceutical Federation in the Statement of Policy on the Role of the Pharmacist in Pharmacovigilance at the Council in Brazil of August 2006 and the Erice Declaration at the International Conference on Developing Effective Communication in Pharmacovigilance in 1997. In regards to Health Care Fraud and Abuse AMA Code of Medical Ethics is consulted under E-9.132 a physician shall deal honestly with patients and colleagues, and strive to expose those physicians deficient in character, competence, or who engage in fraud or deception. Physicians should make no intentional misrepresentations to increase the level of payment they receive or to secure non-covered health benefits for their patients. Under E-2.067 Physicians must oppose and must not participate in torture for any reason. Under E-2.065 physicians can ethically participate in court-initiated medical treatments only if the procedure being mandated is therapeutically efficacious and is therefore undoubtedly not a form of punishment or mechanism of social control. Under E-2.078 Guidelines to Prevent Malevolent Use of Biomedical Research, Biomedical research may generate knowledge with potential for both beneficial and harmful application, when the goals of research are antithetical to the foundations of the medical profession, as with the development of biological or chemical weapons the physician is precluded from participating in the research.
17. For their part the hospitals and the HA should take upon themselves the Ethical Responsibility to Study and Prevent Error and Harm E.8.121. In the context of health care, an error is an unintended act or omission, or a flawed system or plan, that harms or has the potential to harm a patient. To conduct these studies the Code of Ethics is somewhere between highly recommending and requiring institutions for form Ethics Committees to give due process to ethical issues without burdening the legal system. Ethics committees in health care institutions should be educational and advisory in purpose. Generally, the function of the ethics committee should be to consider and assist in resolving unusual, complicated ethical problems involving issues that affect the care and treatment of patients within the health care institution. Recommendations of the ethics committee should impose no obligation for acceptance on the part of the institution, its governing board, medical staff, attending physician, or other persons. However, it should be expected that the recommendations of a dedicated ethics committee will receive serious consideration by decision makers E-9.11. All hospitals and other health care institutions should provide access to ethics consultation services. A wide variety of background training is preferable, including such fields as philosophy, religion, medicine, and law. Ethics consultation services, like social services, should be financed by the institution E-9.115.
18. To free the alleged mentally ill (ami) without judicial dependence, this Motion for Dismissal from the US Supreme Court, regarding two false arrests from March 5-19 & 20-25, is captioned, Graber-Zinveli, Mora, Murphy, Sanders, Steele, Williams pro se plaintiffs et al c/o Mental Health Access Point v. Mobile Crsis, Psychiatric Emergency Services, 8 West University Hospital, Drs. Newton and Griffin, Mental Illness Jurisdiction of the Probate Court defendants c/o Hamilton County Community Board of Mental Health. The Board, as the government, must take responsibility for the criminal forfeiture of Mobile Crisis and Psychiatric Emergency Services, who make the allegations for which people are falsely arrested, University Hospital, a trauma hospital, must not solicit for slavery. The Board must provide alleged mentally ill people with community shelters, not expensive hospital beds, on an hour’s notice. The Board must take responsibility for the adjudication of the mentally ill from the Probate Court, who is responsible for the adjudication of wills, and must be removed from the means to poison and disenfranchise their clients, a free will is a necessity and only the Board is qualified to adjudicate the alleged mentally ill, probably in weekly sweeps of the hospitals. Thirdly, the Health Alliance is non-respondent, poisoning and infringing upon the HA trademark, further dissolution by the Greater Cincinnati Health Council is pursued.
Anthony J. Sanders, Hospitals & Asylums., for the plaintiffs email@example.com
Kathryn VanFleet, Transitional Case Manager, For Mental Health Access Point firstname.lastname@example.org
Steve Murphy, for plaintiffs email@example.com
Erica Steele, for plaintiffs firstname.lastname@example.org
Darryl Williams, for plaintiffs email@example.com
D. Niven Thurman, Licensed Independent Social Worker, For 8 West University Hospital firstname.lastname@example.org
Karen Moscynski, for the Hamilton County Community Board of Mental Health email@example.com
Terry Tranter Esq. Cincinnati Regional State Treasury, for the Mental Health Levy firstname.lastname@example.org
Abdus-Shahid M. S. Ali, Petitioner v. Federal Bureau of Prisons et al No. 06-9130 January 22, 2008
American Heart Month since February 1963 HA-14-2-08
Bruker v. Marcovitz, 2007 SCC 54 December 14
Constitutional Mental Health Commission v. Pauline Warfield Lewis Center US 6th Cir. No. 00-4185 (2000)
Council of Canadians with Disabilities v. Via Rail Canada Inc., SCC 15 of 23 March 2007
Duke Energy, a Kentucky Corporation HA-3-3-08
Enticement into slavery 18USC(77)§1583
Erice Declaration at the International Conference on Developing Effective Communication in Pharmacovigilance in 1997
Federal Rules of Civil Procedure. December 1, 2007
Hill v. Hamilton‑Wentworth Regional Police Services 2007 SCC 41 October 4
Hospitalization of the Mentally Ill Ohio RC 5122.01
Hospitals & Asylums v. Health Alliance HA-9-9-06
International Pharmaceutical Federation in the Statement of Policy on the Role of the Pharmacist in Pharmacovigilance at the Council in Brazil of August 2006
US District Court. Southern District of Ohio. Local Civil and Criminal Rules. September 1, 2007
Meir, Zlotowitz; Scherman, Nosson. The Megilla with the Complete Purim Evening Services. The Book of Esther. With Translation and Anthologized Commentary. Mesonah Publications, Ltd. New York. 2003
National Association of Social Workers professional code of ethics
Release of Patient 24USC(9)§326
Residents of the Retirement Home 24USC(10)§412
Rules of Supreme Court. October 1, 2007
Prohibition of Federal Interference 42USC(XVIII)§1395
Prohibition with respect to biological weapons 18USC(10)I§175
Psychiatric Institutions MIRROR Release Form
Substance Abuse Facility MIRROR Release Form
Sanders, Tony J. Chapter 8 Drug Administration. 6th Draft. Hospitals & Asylums. 8 August 2007
Sanders, Tony J. Constitution of Hospitals & Asylums Non Government Economics of President’s Day 2008
Sanders, Tony J. Chapter 4 State Mental Institution Library Education (SMILE) 4th Draft. 31 July 2007
Sanders v. Newton et al US DC S. Ohio C-98-411-466
Testimony of Kathryn Van Fleet. March 28, 2008
Waddah Mustapha (a.k.a. Martin Mustapha) v. Culligan of Canada Ltd C- 31902
World Intellectual Property Organization reported, DNS Developments Feed Growing Cyber-squatting Concerns PR/2008/544 March 27, 2008
From the AMA Council on Ethical and Judicial Affairs on March 30, 2008 CEJA@ama-assn.org
Thank you for writing to the Council on Ethical and Judicial Affairs of the American Medical Association. If you are an AMA Member, and are receiving this message, please call 800-262-3211, identify yourself as a Member, and ask to be transferred to the Ethics Group at extension 6486.
Due to the volume of e-mail we receive, we are unable to personally respond to every message. Answers to our most frequently asked questions are on our website at http://www.ama-assn.org/ama/pub/category/5105.html. You may also wish to browse the CEJA Web page at http://www.ama-assn.org/go/ceja.
Please note that our policies primarily apply to physicians. If you are inquiring about policies that are related to health professionals other than physicians (e.g. dentist, psychologist, optometrist, podiatrist, nurse, etc) you should contact the appropriate professional association.
We would appreciate feedback as to whether your question was answered. Please e-mail email@example.com and let us know (be sure to include your original email).
To Chief Operating Officer of the Armed Forces Retirement Home on March 30, 2008 firstname.lastname@example.org
In re: Mary Lou Graber Zinveli SS# 287-30-0003-A
Mary Lou Graber-Zinveli is a charming, healthy and cheerful 70-year old female. She wakes up early every morning, and puts on lipstick, hoping to be taken out to get cigarettes and coffee, at the local UDF. Ps-alm 90 (10) states, “the days of our lives are 70 yrs, and by reason and strength 80, yet they boast only of labor and sorrow.” Mary Lous had been hospitalized for over a month at a psychiatric hospital, although it makes no sense to hospitalize the healthy elder.
Nursing home care is expensive and there are physical requirements. Locally Pass R checks for mental health and MRDD treatment to routinely deny eligibility to people who might be agitated and cause disruption in a home. Long term care is qualified by the state. Assisted living is not monitored by the state but by the city. Locally some facilities have grandfathered smoking sections and allow smoking.
Mary Lou is free to apply to local nursing homes. She should be assisted to do so.
Mary Lou reports serving most of her adult career in the US military and is highly interested in retiring to the Armed Forces Retirement Home under 24USC(10)§412(a) whereby persons are eligible for the Armed Forces Retirement Home if they are over 60 years of age and were honorably discharged after 20 years of service. Under (b) Ineligibility can result for people who are not free of drug or psychiatric problems. The Chief Operating Officer is asked to certify that Mary Lou is free of psychiatric and drug problems.
From PPSI 2020 Lindell Ave. Nashville, TN 37203-5509 513-245-3600 0n March 31, 2008
A bill for $480.00 under account number 100232967 due April 10, 2008. Last time these fraudulent bills caused an inordinate amount of terrorism. This time, as last, it was contaminated with several days worth of heart irritant that reacts with coffee. Bad bill.
From Cliff Peale of the Cincinnati Enquirer. Christ suit could cost $400M on April 3, 2008 email@example.com
Court-case timing awful as hospital prepares to go independent
Christ Hospital faces allegations that could cost it up to $400 million and expose its nationally known heart center as the beneficiary of an illegal kickback scheme. The allegations come at a bad time, just as the Mount Auburn hospital is trying to re-establish itself as an independent. The hospital already is spending tens of millions of dollars on new computer systems and other startup costs as it withdraws from the Health Alliance of Greater Cincinnati, and it's fighting in court for up to $500 million in assets that it claims it will take with it as it leaves the alliance.
Those could be the least of Christ's problems now, after federal officials Tuesday intervened in a whistle-blower suit. Filed in 2003 and unsealed this week, the complaint from retired cardiologist Harry Fry charges the hospital and the Ohio Heart & Vascular Center with conspiring to steer patients and revenue to each other, which is illegal when involving federal Medicare and Medicaid payments. Specifically, the lawsuit charges that from 1999 to 2004, the hospital rewarded Ohio Heart doctors who referred the most patients with spots manning the Heart Station, Christ's central cardiac testing center, where they could gain access to patients who did not have a regular cardiologist. "It potentially puts physicians in a position where they could compromise the medical welfare of a patient because of a potential financial gain," said Ken Affeldt, assistant U.S. attorney for the Southern District of Ohio.
In the short term, the charges strike at the core of Christ Hospital's image, built on the excellence of its cardiac care and the doctors and patients that attracts. Attorneys for Ohio Heart & Vascular Center, which includes many of Christ's top cardiologists, acknowledged that it accounts for three-quarters of the hospital's heart-related revenue. As an independent hospital after more than a decade as part of the Health Alliance, Christ has to sell itself to doctors and patients all over again. It has just started to rebuild its network of primary-care doctors, which provides a reliable base of referrals. Federal authorities will file their own lawsuit within 120 days; and for the hospital the consequences could be choking. It could face penalties of up to $11,000 for each of the thousands of allegedly fraudulent claims.
The Health Alliance, also a target of the lawsuit, already estimates potential liability from the case at $424 million, with Christ liable for 30 percent of that. Damages in such suits can be tripled. The Health Alliance denied that it knew of any illegal activity and said credentialing decisions are made at the individual hospitals. Although it would be extreme, Christ could be excluded from the Medicare and Medicaid program, a crippling blow for any hospital, Affeldt said. The two sides have met several times but have not come close to a settlement, lawyers said.
Both the hospital and Ohio Heart & Vascular talked Wednesday through their attorneys. The hospital and Ohio Heart, which has 36 doctors who practice at hospitals all over the region, countered that the lawsuit seeks to punish what has been a common practice for years, referring patients to the same hospitals where a doctor might have credentials. They say the tests in question at the Heart Station cost only $8 to $40 each. But the complaint says that one test for a patient who doesn't have a regular cardiologist can "provide the gateway" for up to $200,000 in cardiac work for the doctor working the Heart Station.
"Not a cent flowed from Christ Hospital, directly or indirectly, to these doctors," Christ attorney Pierre Bergeron said. "You refer to where you work and where you trust the people you're referring to." He said there is no allegation that treatment was improperly performed or billed, just that the hospital's scheduling of doctors for its heart care center amounts to a kickback. "They don't dispute the fact that every billing was proper, that every service was performed," said Ken Seibel, attorney for Ohio Heart & Vascular. "It's an attempt to extend the law in a way that's never been adopted anywhere." They also said that when the process for assigning doctors to the heart panel was changed in 2005, Ohio Heart & Vascular's share of that business remained the same. Fry could not be reached for comment. Seibel said Fry has never been a member of Ohio Heart & Vascular.
From Duke Energy Corporation on April 3, 2008
A bill for $258.71 from account number 8690-0875. The math makes no sense. Duke Energy and Psychiatric Emergency Services (PES) have twice conspired to kidnap. They have been sued for several months free.
Amt. Due. Previous Bill $146.00
Payments Received $85.70
There on the bill becomes bad.
Cancelled Charges/Electric Charges $80.04 cr
Prior Months Charges/Electric Charges $136.69
Balance Forward $117.85
Current Gas Charges $75.34 highest ever
Current Electric Charges $65.52 highest ever
Current Amount Due $258.71
To Darryl Williams on April 9, 2008 firstname.lastname@example.org
I hope that you are free. I am writing because I think your case has a great deal of poetic justice. One of the three dissolutions in our class action, above, involves the Board of Mental Health taking responsibility for the adjudication of mental illness because it corrupts the adjudication of wills by the Probate Court, and vice versa, creates a mental illness trial that is incapable of achieving liberty, in most cases.
Ironically, you have not only been kidnapped by a psychiatric hospital but you have been denied trial at the very Court that best understands your case. Magistrate Coes, is a black man, he did not understand my case, where I had been abused by a black girl, who wished to steal my apartment out of pride, but he very well might understand yours.
It is my understanding that your mother had you committed because she became obsessed with your father's will and wished to steal all of it by ruling you incompetent. She and the psychiatric hospital she hired however were concerned that the Probate Court does indeed honor people's wills and to hold you indefinitely, you have had to be denied trial.
As an involuntarily detained person you are entitled to a trial with Magistrate Coes and with the executor of your father's estate. As a sane and honorable person and gentle and kind giant you are entitled to be released to a safe home, preferably your own, and given whatever is due, from your father's will and from the mental health system. I hope that this letter serves you well.
I would be very interested to publish your story in the Testimony or as a separate document, if it is lengthy. With your name, Williams, and your case, regarding the circumstance of the deprivation of your will, you might be able to convince the Probate Court of the error of mental illness. The issue of the unfair psychiatric disownment by a person's parent is certainly frequent, but to see it in the context of the execution of a will, is certain to interest the Court.
A call from Diversified Collections Services, PO Box 9049, Pleasington, CA 94566 on April 10,2008
Outstanding Balance: $38,733
Motion for Dismissal
Dear Department of Education c/o Terry Tranter, Esq. Cincinnati Regional State Treasury:
I am writing to inform you of the ultimate fraud to come from University Hospital, a terrorism prone trauma hospital. The student loan corporation has again dramatically increased the outstanding balance. Furthermore, they are not entitled to a penny because they are selling a defective product that never assisted me in my work, has not made me any money and remains, officially, in a very sorry state of corruption until after their falsely arrested professor is compensated HA-14-3-06
It is very important that these fraudulent bill collectors are dismissed because they are always accompanied with terrorism, as one can see in the Virginia Tech Shooting HA-20-4-07 The school should pay me for my public research, that they infringe upon in their lucid moments, but is too corrupt at this time to be accepted as valid currency. Please dismiss these debt collectors immediately.
From Palmetto GBA on April 30, 2008 forwarded to the CMS ombudsman at email@example.com
In re: 564-33-9321 A
Dear CMS Ombudsman/Appeals Clerk:
I have requested before never to be contacted by Palmetto GBA whereas they are a carrier of disease. As a CMS contractor, not an actual government official, they are not sufficiently versed in the law to be expected to prohibit bio-terrorism. They are billing in behalf of Psychiatric Professional Services Inc. PPSI an organization that called to claim responsibility for the Virginia Tech shooting, and others. Their first bill was highly toxic, they conspired with the landladies to continue the "treatment", I needed to take Ipecac to cleanse my system, now I have no bed, no wardrobe and my new blanket must be thrown away.
Medicare has not approved any of these claims. I do not approve of any of these claims. I was kidnapped by a torturer. That is not medical treatment, that is organized crime. The Health Alliance is facing a $400 million fine as the result of this malpractice. Please see that I am not billed again.
The bill dated April 23, 2008 asks in behalf of,
Claim No, 02-080808-690-610
Dr. Mann, Ravinder S. MD
3/5/08 1 Emergency dept. visit (99284) $173
Claim No 02-08077-566-070
Dr. Griffin, Bryan J, DO
3/6/08 1 Initial Hospital Care (99222) $189
Claim No. 02-08077-566-080
Dr. Griffin Bryan J. DO
3/7/08 1 Subsequent hospital care (99232) $118
Claim No. 02-08080-690-590
Dr. Newton, Michael A
3/9/08 1 Subsequent hospital care (99232) $118
Claim No. 02-08079-642-520
Dr. Griffin, Bryan J. DO
3/10/08 1 subsequent hospital visit (99232) $118
Claim No. 02-08079-642-510
Dr. Griffin, Bryan J. DO
3/11/08 1 subsequent hospital care (99232) $118
Claim No, 02-08079-642-500
Dr. Griffin, Bryan J. DO
3/12/08 1 subsequent hospital care (99232) $118
Claim No. 09-08087-212-020
Dr. Poland, Stephen J. MD
3/20/08 1 Emergency Dept. visit (99283) $128
Claim No. 02-08091-576-130
Dr. Griffin, Bryan J. DO
3/22/08 1 Initial hospital care (99222) $189
3/23/08 1 Subsequent hospital care (99232) $118
Claim Total $307
Claim No. 02-08092-518-480
Dr. Griffin, Bryan J. DO
3/25/08 1 Hospital discharge day (99238) $102
Anthony J. Sanders
PS I have filed this lawsuit and these claims should be dismissed. I have completed a 100 page report, with summary, on the state of National Health Insurance at www.title24uscode.org/nhi.htm . Rest assured, I am the only person mentioned on this bill who did any work.
Hospitals & Asylums
April 30, 2008
In re: Duke Energy, a Kentucky Corporation www.title24uscode.org/DukeEnergy.htm
Dear Senator Bingaman, Chairman of the Senate Energy and Natural Resources Committee:
I am writing because I subscribe to your newsletter and send you mine and I happen to be having trouble with my gas and electric bill. The trouble began in the beginning of March when I received a fraudulent $50 back bill from November, in a wave of violence that included the burning of a church and a quintuple homicide, three days after the (extremely corrupt) County Commissioners announced they had audited their energy bill. After several letters, I formally contested the charge, offering to sell their Ohio assets, demanding several months free, and paid the "valid" portion, I was then kidnapped. This is the second time, of two times, that I have been kidnapped after disputing a Duke Energy bill. In April they tacked on another fake $100 charge. After being so abused I didn't respond, or pay. In the middle of the month I received two emails from Duke Energy claiming to be responding to mine and they dispatched a repairman to a fake report of an odor of gas. Now they are asking for $258.71 for an efficiency apartment.
I don't want my services turned off. Nor do I want to pay. I am planning on moving to an apartment where they cover the utilities in June. For their part Duke Energy is charged with several corruption related offenses involving mail fraud, conspiracy, use of the interstate commercial facility in the commission of murder for hire, kidnapping, and restraint of trade. They engage in a pattern of parallel conduct with another interstate corporation, the Health Alliance, to kidnap me after I arrest the toxic landlady, foundation of the post 2004 election local politics. As the result of this corrupt conspiracy I am entitled to relief from their bill and Duke Energy should let their Cincinnati, Ohio franchise go, to the lowest bidder, whereas they are not ethical enough to withstand the corruption, eg. bankrupt the corrupt bill. The Health Alliance is consistently punished for their misconduct against author of Hospitals & Asylums, they lost a $20 million indigent levy, and then two hospitals the first time and are now facing a $400 million fine, this second offense. Duke Energy however has no discipline and continues to pursue their mail fraud.
As a monopoly an energy corporation must not engage in organized crime. Liability under §1 of the Sherman Act, 15 U. S. C. §1, requires a “contract, combination . . . , or conspiracy, in restraint of trade or commerce.” A plain-tiff’s obligation to provide the “grounds” of his “entitlement to relief” requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. Factual allegations must be enough to raise a right to relief above the speculative level Sanjuan v. American Bd. of Psychiatry and Neurology, Inc., 40 F. 3d 247, 251 (CA7 1994), Bell Atlantic Corp v. Twombly, 127 S. Ct. 1955, 1974 (2007). The factual connection between Duke Energy and the local political corruption rises beyond the speculative level for three reasons.
First, Duke Energy low income assistance is strangely linked to a person's health, they require a person to irrationally get a note from a doctor proving energy to be a "medical necessity" when a person's income is the issue. As a prelude to both kidnappings I would dispute the spike in the energy bill and then be unlawfully restrained by the Health Alliance by the same doctor I sued for torture in 1998. Second, Duke Energy purchased Cincinnati Gas and Electric and moved their corporate headquarters, where they process the bills, to Kentucky, at the time the 2004 elections resulted in the county becoming absolutely corrupt. In 2006 Kentucky was reported to be largest prison growth state. In retrospect the flight to of the energy corporation to Kentucky is indicative of the use of the interstate commercial facility in the commission of murder for hire. Third, a few days before the first bad bill arrived the television news reported that Duke Energy had been investigated by the Hamilton County Commission for their high prices.
Having been so badly abused, I clearly am not liable for their fraudulent bill, and have written notice of my claim for relief, in the case linked to the top of this document, when I paid in good faith. The question that remains is should Duke Energy be subjected to anti-trust laws to dislodge their Ohio franchise(s)? It is quite possible that the large energy corporations need to be busted to manage skyrocketing energy prices in much the same way that AT&T was broken up in the Tele-communications Act of 1996. Unfortunately when it was tried to sell the franchise Ohio relearned that people of the same trade seldom meet together, even for merriment and diversion, but the conversation ends in a conspiracy against the public, or in some contrivance to raise prices. A. Smith, An Inquiry Into the Nature and Causes of the Wealth of Nations, in 39 Great Books of the Western World 55 (R. Hutchins & M. Adler eds. 1952). In any case Duke Energy, as an energy monopoly, must not be permitted to engage in a practice of corrupt conspiracy to abuse and intimidate their consumers, and Congress may regulate it under Art. I Sec. 8 Cl. 3 with the co-operation of the state of Ohio as directed in the document above, but with a little consideration for my civil liberties.
Anthony J. Sanders
From Hospitals & Asylums on May 3, 2008 to Cincinnati US Attorney’s Office Victim Witness Specialist Krista Kent Krista.Kent@usdoj.gov
In re: Sanders, Tony J. The Street MAP. Hospitals & Asylums HA-27-4-08 www.title24uscode.org/MAP.htm
I would like to welcome the Recovery Center and Krista Kent, Victim Witness Specialist at the Southern Ohio US Attorney's Office. I have included them in this certificate of service and have removed the Greater Cincinnati Health Council in hopes of eliminating the unnecessary roughness.
Is there nobody who wants to depose Dianna McIntosh the founder of Mentalhealth Access Point (MAP) and Vice President of Clinical Services of the Hamilton County Community Mental Health and Recovery Services Board?
I have until the 10th of May to decide if I wish to appeal Sanders v. Hamilton County Community Board of Mental Health et all US DC Case No. C-1:08-CV-220. I am not inclined to do so unless one of you were to write me to encourage me or my new case manager would wish for me to aggressively pursue my proposed mental health reforms.
I do think it would be progressive for the US Attorney or 6th Circuit Court of Appeals to depose Dianna McIntosh in behalf of the Mental Health Board. If I were given the go ahead by you I would be happy to support your continuing legal education by filing a timely civil docket sheet, produce an Internet transcription of Ms. McIntosh's deposition and Appellate Judgment and follow up with a certiorari to the US Supreme Court for the Justice of the Peace.
It could be the most meaningful case in the history of both the Court and Mental Health. At least in Hamilton County, the content was rejected $4 from Associated Content, whereas it was not thought to have widespread appeal.
Mentalhealth Access Point (MAP) was founded in 1997 by a nurse named Diana McIntosh. The purpose of MAP is to connect people who have just been released from jail or a psychiatric or are new to the community, to mental health services. The objective, to be “the front door to mental health services” still needs to be achieved.
The intake of involuntary psychiatric patients continues to be performed by Mobile Crisis and Psychiatric Emergency Services (PES) as enforced by special police officers. Residents call Mobile Crisis and the alleged mentally ill are kidnapped. Mobile Crisis and PES need their contracts with the Mental Health Board terminated and should be evicted from University Hospital so that University could have a normal psychiatric department and the police social workers wouldn't contract with the Board.
Diana McIntosh is now the Vice President of Clinical Services for the Hamilton County Community Mental Health and Recovery Services Board. From her new position she can also arrange for the Board to assume responsibility of the adjudication of people who are involuntarily hospitalized from the Probate Court. This would liberate that democratic institution from its centuries old human trafficking sentence to clear the way for the Court to change its name to the Justice of the Peace..
These two reforms are needed for MAP to be the “front door to mental health services” and for the mental health and legal systems to achieve the democratic ideals of “free will” and "justice of the peace". Do you think the speedy dismissal of the Court should be pursued in forma pauperis? A timely civil judgment would surely help to accelerate the reform of the mental health system.
Anthony J. Sanders
PS In Her Majesty the Queen v. Mathieu, 2008 SCC 21 May 1 the Canadian Supreme Court, where Probate Courts also adjudicate wills and I believe, mental illness, held:
The term of imprisonment is the term imposed by the judge at the time of sentence. Pre‑sentence custody is not part of the sentence, but is only one factor taken into account by the judge in determining the sentence. This interpretation of the word “sentence” is also justified by the purpose of a probation order, namely to facilitate the offender’s rehabilitation.
The availability of a probation order depends on different factors. Probation is not intended to punish the offender so much as to rehabilitate the offender. Regardless of the gravity of the offence and the degree of responsibility of the offender, it may be that a particular offender who has spent time in pre‑sentence custody and deserves a sentence of imprisonment of two years may still benefit from the rehabilitative aspects of probation.
Probation orders may also be particularly useful for offenders who have served time in pre‑sentence custody. The reason that many judges give double credit for time served in pre‑sentence custody is that it is often served in difficult conditions in which rehabilitative programs are not available: An offender who has served time in pre‑sentence custody, without access to programs, would benefit from the imposition of probation upon release, whether such release takes place immediately at the time of sentencing or following a further sentence of imprisonment not exceeding two years.
While a probation order may curtail the liberty of the accused, it is above all a way to test the accused and a way to protect society. Parliament presumes that, if an accused serves time in a penitentiary and receives the services he or she needs, there is no point in testing the accused further once he or she is released from the penitentiary.
Finally, a probation order is a useful tool for a judge who, whether the accused has been in pre‑sentence custody or not, believes it is wiser to sentence the accused to imprisonment for two years or less with a period of probation rather than sentencing the accused to a term in a penitentiary. The issue of probation is therefore directly related to post‑sentencing custody.
Unfortunately, I am not an attorney and our office is not allowed to give legal advice. If you believe that you have a legal issue or your rights have been violated you need to contact the Legal Aid Society of Greater Cincinnati at (513) 241-9400 or the Cincinnati Bar Association for an attorney referral. Their phone number is (513) 381-8395.
Our office prosecutes cases that are presented to our office through a federal investigative agency (i.e. – FBI, Secret Service, IRS, etc.). We do not give legal advice.
From National Government Services Inc. on May 16, 2008 dated May 1, 2008 in regards to the process of April 16, 2008 served on the CMS Ombudsman
In re: National Government Services, Inc.
Medicare Appeals Department
PO Box 7138
Indianapolis, IN 46207-7138
Dear CMS Ombudsman at firstname.lastname@example.org
I disagree with the bill: control # 20810500175102, from
234 Goodman St.
Cincinnati, Ohio 45219-2364
Reporting Medicare had paid $7,513.26 and allowing me, XXX-XX-9321A, to be billed for the amount of $1,024. I also disagreed with the words "Good" and "Benefit" and wrote. Kidnapping is a crime. Crime does not pay. $0. Be dismissed, see... www.title24uscode.org/3-D.htm
This bill should not have been paid. It is health care fraud. I wrote the CMS Ombudsman to stop payment in March. I filed suit in April. The claim was processed April 16, 2008. You should not have financed terrorists. Now you must protect me from them. The hospital must be reformed, see... www.title24uscode.org/MAP.htm
Do not b(k)ill me!!!!
You are referred to the CMS Obudsman.
It would be nice if the ombudsman would print this email and mail it to National Government Services, Inc.
I very bravely touched this letter with my bare hands and do not want to be sickened by Psychiatric Professional Services, Inc., the Health Alliance of Greater Cincinnati, Palmetto GBA or anyone else.
CMS is referred by this letter to the US Attorney for the Southern District of Ohio Health Care Fraud Division in Columbus, to get their money back with interest in three corporate dissolutions - Mobile Crisis, Psychiatric Emergency Services and Psychiatric Professional Services Inc.
Thank you for your service, CMS is now due $7,513.26 back from University Hospital Inc. Process is due under the Witness and Victim Protection Act.
Anthony J. Sanders
PS email only.