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STATE OF GEORGIA
JANET D. MCDONALD,
JAMES B. STEGEMAN,
PLAINTIFFS CIVIL ACTION
FILE NO: 07CV11398-6
V
Invocation of His Rights Under American’s With Disabilities Act, Title II. Plaintiffs
Verified Complaint provided this Court with documentation of Plaintiff Mr. Stegeman’s
Social Security Act, and Georgia Supreme Court’s Equal Access to Justice. Having been
denied Federally funded State programs and statutory protection, Mr. Stegeman is a
disabled pro se litigant. Judge Duffey’s Order Granting Appeal in Forma Pauperis
ADA TITLE II
the class of cases implicating the accessibility of judicial services” 541 U.S. at 331. The
Supreme Court further held that Title II enforces rights under the Equal Protection
Process Clause of the Fourteenth Amendment. Lane, 541 U.S. at 522-523; accord
Constantine, 411 F.3d at 486-487. “Mere negative attitudes alone cannot justify
disparate treatment of those with disabilities” University of Ala. V. Garrett, 531 U.S. 356,
367 (2001).1
Clause. With neither the Plaintiffs names, nor the names of the Defendants or their
and this Court suggests. See Grayden v. Rhodes, 345 F.3d 1225 (11th Cir. 2003)
The Due Process Clause imposes an affirmative obligation upon States to take
such measures as are necessary to ensure that individuals, including those with
1
A purported rational basis for treatment of the disabled will also fail if the State does not accord
the same treatment to other groups similarly situated, id at 366 n.4.; City of Cleburne v.
Cleburne Living Ctr., Inc., 473 U.S. 432, 447-450 (1985), based on “animosity”, Rmoer v.
Evans, 517 U.S. 620, 634 (1996), or if it simply gives effect to private biases, Palmer v. Sidoti,
466 U.S. 429, 433 (1984).
2
disabilities, are not deprived of their life, liberty, or property without procedures affording
“fundamental fairness”. Lassiter v. Department Social Serv., 452 U.S. 18, 24 (1981).
Before privately owned real property can come under jurisdiction of a Court, there
has to be a seizure of the property under State and Federal statute, especially property for
public use. See United States v. James Daniel Good Real Prop., 510 U.S. 43, 53-54, 114
S. Ct. 492, 501 (1993) concluding that the right to maintain control over one’s home is “a
private interest of historic and continuing importance”; and that the interest in one’s home
“merits special constitutional protection” United States v. All Assets of Statewide Auto
The Supreme Court has recognized that “the seizure of property is necessary to
is clear that Georgia statute mandates the seizure of real property to bring it under
jurisdiction of the Court,2 without which this Court has no jurisdiction. This Court’s June
States are required to afford individuals with disabilities, fair proceedings when
denied access to benefits or programs created by state regulations and polices. The
Supreme Court found that “Congress enacted Title II against a backdrop of pervasive
systematic deprivation of fundamental rights,” Lane, 541 U.S. at 524. The Lane Court
2
O.C.G.A. §§ 44-2-72 (e) After the sheriff or his deputy has entered upon the land, posted the
notices provided for in subsections (a) and (b) of this Code section, and made his return to the
court as provided in subsection (c) of this Code section, the land shall be deemed to have been
seized and brought into the custody of the court for the purposes of this article; and the court's
jurisdiction in rem and quasi in rem shall attach thereto for purposes of land registration
proceedings under this article.
3
found that the record included “a pattern of unconstitutional treatment in the
day-to-day actions of state officials exercising discretionary powers. See Hibbs, 538 U.S.
basis”).
Judges Edmondson, Hull, and Forrester in Nadler v. Harvey, No. 06-12692 (11th
Cir. 2007) held that “disparate treatment occurs when a disabled individual is treated
PRO SE LITIGANTS
Both Plaintiffs file Judicial Notice of the invocation of both their Rights as Pro Se
litigants It has long been held that the pleadings of pro se litigants are to be held at less
4
stringent reading than one drafted by a lawyer (456 F2d. 233) (1972
Sixth Circuit U.S .C .A.) said Justice Black in Conley v . Gibson, 355
U.S. 41 at 48 1957 "The Federal Rules rejects the approach that
pleading is a game of skill in which one misstep by counsel may be
decisive to the outcome and accept the principle that the purpose of
pleading is to facilitate a proper decision the merits ."
According to rule 8(f) FRCP "all pleadings shall be construed to do
substantial justice." The Court also cited Rule 8(f) FRCP, which holds
that "all pleadings shall be construed to do substantial justice ."
"It could also be argued that to dismiss a Civil Rights action or other
lawsuit in which a serious factual pattern or allegation of a cause of
action has been made would itself be violative of procedural due
process as it would deprive a pro se litigant of equal protection of the
law visa vis a party who is represented by counsel . In a fair system,
victory should go to a party who has the better case, not better
representation."4
CONCLUSION
Plaintiffs demand that their Rights be protected, the Georgia and United States
Constitutions be honored, that State and Federal laws be upheld and that the entities that
By: ___________________________
JANET D. MCDONALD, Pro Se
By: ___________________________
JAMES B. STEGEMAN, Pro Se
821 Sheppard Rd
Stone Mountain, GA 30083
(404) 300-9782
4
U.S. Law Books : Pro Se Federal Decisions
5
JANET D. MCDONALD,
JAMES B. STEGEMAN, CIVIL ACTION
PLAINTIFFS
FILE NO: 07CV11398-6
v
CERTIFICATE OF SERVICE
I hereby Certify that I have this 24th day of February, 2009 served upon
Defendants a true and correct copy of Judicial Notice of Plaintiff Mr. Stegeman’s
Invocation of His Rights Under American’s With Disabilities Act, Title II. by depositing
with U.S.P.S. First class mail, proper postage affixed and mailed to Defendant’s counsel
on record as follows:
Troutman Sanders, LLP
Brian P. Watt
5200 Bank of America Plaza
600 Peachtree Street
Atlanta, GA 30308-2216
By: ______________________________
JANET D. MCDONALD, Pro Se
821 Sheppard Rd
Stone Mountain, GA 30083
(404) 300-9782
By: _______________________________
JAMES B. STEGEMAN, Pro Se
821 Sheppard Rd.
Stone Mountain, GA 30083
(770) 879-8737