Reader Ad Slot
Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Senator Edward Kennedy — Part 27
Page 22
22 / 154
number,just reflects [ In re Sylvester Jones June 1988 ],this
pattern of racists rules .by the’ court,has been throughout its
history,and paper trail,see attached as Appendix(E) , copy of
newspaper article,setting force a 12 year analysis of ruling
in [Civil Rights Cases ] judges ruled [ More Than 95 per cent
of the times against Civil Rights and Civil Rights Plaintiffs ]
The research were by the American Civil Liberties Union,and
St Louis University Law Journal.
2.28 USC § 1654 states:
"In all courts of the United States the parties may
plead and conduct their own cases personally or by
counsel as,by the rules of such courts,respective-
ly,are permitted to manage. and conduct causes the-
rein."
In Haines vs.Kerner,supra.,404 US at 520,521 the Court held:
"We grand certiorari and appointed counsel to repre-
sent petitioner.The only issue now before us is pe-
titioner's contention that the District Court erred
in dismissing his pro se complaint without allowing
him to present evidence on his claim.Whatever may
be the limits on the scope of inquiry of courts into
3.eallegations such as those asserted by petitioner,
however, inartfully pieaded,are sufficient to call
for the opportunity to offer supporting evidence.
We cannot say with assurance that under the alleg-
ations of the pro se complaint, which we hold to
L-E-S-S stringent standards than formal pleadings
drafted by lawyers,...we intimate no view whatever
on the merits of petitidher's allegations,we concl-.
ude that he is entitled to an opportunity to offer
proof."
The holding in Haines were reaffirmed by the Court in Estelle
vs.Gamble,supra.,429 US at 106 by the following words in part:
"The handwritten. pro se document,is to be liberally
construed.As the Court unanimously held in Haines
v.Kerner,404 U.5.519,92 Ss. Ct 594,30 L Ed 2a 652(1972)
a pro se complaint," 'however inartfully pleaded,'"
M-U-S-T be held to "'less’ stringent standards than
formal pleadings drafted by lawyers'" andcan only
be dismissed for failure to state a claim if it app-
ear ,
-10-.
<
3 f
Reveal the original PDF page, then click a word to highlight the OCR text.
Community corrections
No user corrections yet.
Comments
No comments on this document yet.
Bottom Reader Ad Slot
Bottom Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Continue Exploring
Agency Collection
Explore This Archive Cluster
Broad Topic Hub
Topic Hub
federal bureau
letter
Related subtopics
Subtopic
Subtopic
Subtopic
Subtopic
Subtopic