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Posts Tagged ‘Americans with Disabilities Act

Cook County Courts Violate ADA, Still use Excessive Bail & Deny Right to Present Defense

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Dr. Linda Shelton a whistle-blower against corrupt Cook County Court Judges, Corrupt and Malicious Sheriff Staff, and Incompetent Corrupt Cook County Assistant State’s Attorneys has been under relentless false charges in retaliation for whistle blowing.

Come to court on December 11, 2019 10 am and show support – 2600 S California Ave, Room 506 Chicago- offer to accompany Shelton or serve as her disability assistant to help if she passes out or suffers a PTSD flashback, plus help her handle papers and take notes.

Sheriff Staff including Assistant Chief Nolan have ordered deputies to harass Shelton and made dozens of false charges against her over 20 years.

Shelton requests the public to show up in court and stand-up against the above injustices. Help those who help you!

Here is her recent plea to the Illinois Supreme Court to stop these injustices including:

  1. Excessive bail of $300,000 now for a case pending for seven years – charged with felony battery of an officer for alleged to have “touched an officer’s ear” without injury during a PTSD flashback, purpose triggered by Sheriff Deputies and when Deputies pushed disabled Shelton who has serious neurologic disease including tremors and spasticity that cause her to reach out and grab anything when she loses balance. Possible sentence 3-14 years.
  2. Violation of Americans with Disability Act in numerous ways described in Shelton’s pleading.
  3. Violation of right to compulsory process and to present a defense. – Judge Cannon has quashed ALL of Shelton’s defense subpoenas needed to prove she has disabilities and that the Sheriff Staff were told not to trigger PTSD flashbacks – the Judge has ruled Shelton cannot use this as a defense.

Shelton’s defenses include:

  1. no probable cause, along the line of cases leading to the United States Supreme Court’s Ruling in Tennessee v. Lane, 541 U.S. 509, 533-34, 124 S. Ct. 1978, 158 L. Ed. 2d 820 (2004) and its related consent decree in underlying District Court case, that when the state violation of the ADA causes a defendant to commit an offense, then this illegal act by the state does not allow the defendant to be charged (due to due process, equal protection, and other constitutional and affirmative defenses including entrapment, outrageous government conduct, etc.),
  2. no probable cause as shown by no intent possible, a necessary element of the offense, as the state was informed that Shelton was “misperceiving ongoing events” and therefore unable to form conscious intent to commit the offense; state players, i.e. Sheriff Courtroom Deputies, knowing that Shelton swings her arms around her head during a flashback (as informed by the CDC and witnesses to flashbacks and having previously witnesses a flashback) misused this information to trigger a flashback and make sure that officers were in proximity so they would be unknowingly touched by Shelton – the state knowingly caused the offense,
  3. entrapment as the actions of the officers appear to have been willful and planned, knowing that Shelton does not have a propensity to attack anyone, knowing that certain actions trigger PTSD flashbacks which put Shelton in a mental state where she relives a previous attack and believes she is suffering blows from an officer, knowing that she loses balance easily and will reach out to steady herself – presumably caused Shelton to reach out to steady herself as well as swing her arms around her head trying to fend off not present, but “perceived blows” as a result of PTSD flashback,
  4. outrageous government conduct or the due process defense, as the state induced this offense, knowing Shelton was incapable of forming intent during a flashback and by misusing HIPAA protected information (the description of triggers for the flashbacks), caused a situation that shocks the conscience, and
  5. altered mental state at the time of the offense or amnesia for the time around the offense, similar to the recent holding in People v. Stahl, 2014 IL 115804, which means that Shelton is legally unfit for trial as she cannot assist defense counsel in describing what happened at the time of the offense.

These are some of the ways that Shelton has helped the public:

Shelton has testified against the State of Illinois numerous times or provided copious evidence of incompetence or corruption of state officials and court players to the FBI and U.S. Attorney, as well as advocated for litigants abused by the State, for 20 years including, but not exclusively partially as follow:

  1. Against DCFS’ (Illinois child protection) abuse of parents, in class action case Dupuy v. Samuels, 397 F. 3d 493 (7th 2005);
  2. Evidence against Cook County Jail including 30 affidavits from abused detainees that Shelton handed to Assistant U.S. Attorney Joan Laser, regarding Sheriff/Jail systemic civil rights violations and sadistic/illegal/malpractice behavior of Director of Psychiatry at Cook County Jail, resulting in firing of the Director of Psychiatry as well as a 98 page scathing letter to the Cook County Board and Sheriff, dated July 11, 2008 – which eventually resulted in a consent decree (AUSA Laser through now Magistrate Judge Albukerk thanked Shelton for this evidence).
  3. Against Orlando Jones – appointed CEO of Provident Hospital when Shelton served as Chief of the Pediatric Service hired to re-open the Pediatric Dept., the right hand man for corrupt acts on behalf of Cook County Board President John Stronger Sr., – no further actions were taken by federal law enforcement as Mr. Jones committed suicide on a beach near Mayor Daley’s beach home before he could be indicted. Shelton had opened the pediatric department at Provident Hospital of Cook County and had witnessed the criminal acts of CEO Jones, appointed by Stroger, at the time – Shelton turned over her evidence to the FBI.
  4. Against DCFS in a child abuse administrative appeal for a dyslexic mother who was falsely accused of child abuse and had been viciously abused by DCFS, CH case. Shelton served as CH’s “authorized representative” before an administrative law judge on appeal and won the case (SCR # 0852876-A, KT #2001-E-01227, AHU # 52-1516).
  5. Against the Cook County Sheriff for failure to provide a courthouse ADA compliance plan under FOIA, and then for failing to even have a plan, a violation of federal law. (Case 04 CH 15787)

Motion to declare Illinois battery statutes unconstitutional

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Come to court and stand-up for Shelton’s argument that the IL battery statutes are unconstitutional and are systematically abusive to defendants. 5/9/16 rm 506 2600 S California, 10 am, Chicago, IL

Malicious charges of felony battery can be charged for touching an officer with a piece of paper, bumping an officer when one is spastic, or minor touching with no injury such as touching a pointed finger against an arm. Outrageous sentences can be give for up to 30 years for such alleged crimes.

Outrageously malicious Cook County State’s Attorney, who refuses to listen to reason or discipline her out of control prosecutors has intensely targeted Shelton to shut her up about her complaints against corrupt judges, police, and attorneys. Shelton needs the public’s support to survive these 15 years of unrelenting attacks against her as a whistle blower with false arrests and malicious prosecutions.

Please, in a short letter, write the U.S. Dept. Of Justice Division on Disabilities here and request their investigation of the Cook County courts and Sheriff’s office for malicious prosecution of whistle blowers, denial of due process and denial of equal protection, as well as failure to follow the Americans with Disabilities Act, abuse of prisoners, and discrimination against minorities, particularly Blacks and Hispanics:

U.S.Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, NW
Disability Rights- NYAV
Washington, D.C. 20530

Dr. Shelton, who is spastic, with hereditary intention tremors, severe balance problems where she reaches out and grabs anything involuntarily if pushed, and who suffers from PTSD after she was beaten by officers, is charged with felony battery for “touching an officer’s ear” resulting in no injury, because it was “insulting and provoking conduct.”

The officers purposely triggered the PTSD flashbacks during which she “misperceives ongoing events” due to the dream-like state or “altered state of consciousness” caused by the PTSD, then despite an agreement to accommodate her disabilities and “back-off” until the flashback  passed (during which she is confused, cowers, and is harmless) they jumped at her like a dog pack, picking her up off the floor and carried her to the lock-up. Next court date May 9, 2016, 10 am,  rm 506, 26th & California, Chicago, IL

One woman was recently convicted of kicking an officer in the shin with no injury, but because he claimed “insulting and provoking conduct” and because she has a prior felony conviction, she faces a MANDATORY minimum 6 year sentence! Read the news article here.

Read Dr. Galatzer-Levy’s letter about accommodations needed for Shelton’s psychiatric condition of PTSD (post-traumatic-stress disorder) here.

Shelton faces a possible minimum of 6 yrs for allegedly “touching an officer’s ear” during a court hearing, which the officer claims was “insulting and provoking conduct,” despite the fact the officers purposely triggered a PTSD flashback, for which the Court Disability Coordinator had been told and shown medical records proving Shelton is unaware of her surroundings during PTSD flashbacks and for which a letter from a psychiatrist instructed the court to prevent officers from triggering flashbacks and to back-off if they occur as Shelton would cower, cry, be confused and waive her hands around her head to protect herself against perceived blows (due to flashback symptoms of being attacked by officers-initially triggered by attacks for which she has photographic proof). This is a federal ADA violation because the court and its officers are required to accommodate disabilities and they were aware of and instructed about this PTSD disability. Under the law (court precedent) Shelton should not even be charged as the charges are invalid if caused by the victim violating the ADA (Americans with Disabilities Act). See: Tennessee v. Lane, 541 U.S. 509, 533-34, 124 S. Ct. 1978, 158 L. Ed. 2d 820 (2004) and related line of cases; see also Reed v. State of Illinois, 2015 7th Circ. 14-1745.

Click here to download full motion: Motion to declare Illinois battery statute unconstitutional

This motion alleges that the Illinois battery and aggravated battery statutes are unconstitutional because:

(a) they are discriminatory and therefore violate the Americans with Disabilities Act,

(b) they suffer from overbreadth thereby making innocent contact criminal,

(c) they are vague and therefore subject to misuse and impossible to determine if an act is innocent or criminal,

(d) they deny equal protection as there is no rationality as to how they are applied to protect the public interests concerned, and

(e) they deny due process in violating the Proportionate Penalties Clause of our Illinois Constitution (they are cruel, degrading or so wholly disproportionate to the offense committed as to shock the moral sense of the community in alleging the same act and penalty for touching an officer’s ear [or even for touching an officer’s bullet proof vest with a piece of paper] as for beating an officer so bad he is in critical condition, stabbing a citizen numerous times with a knife, or making a bomb which explodes and harms a person).

These statutes also violate the separation of powers clause in that they de facto give the judiciary the power to legislate, in that the judges, not the legislature decide what conduct is a crime and what sentence a person committing that conduct should receive, out of a vast array of possible conducts, which are both unintentional and intentional, depending upon whom you believe.

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