09-2860-cv Pugh-Perry v. City of New York

Below is the entire brief as submitted to the US Court of Appeals, 2nd Circuit February 2010. I alleged abuse of power resulting in the violation of my human rights, civil rights and liberties. I presented case law to demonstrate a denial of access to court, and requested relief in the form of a new right to sue letter from Attorney General Holder who has to weigh in on this case because I challenged the constitutionality of three acts of Congress relative to abuse of power. A decision was to have been forthcoming since the end of May 2010. A response from the court is still pending as of today, August 3, 2010.

~ by rpughperry on August 4, 2010.

3 Responses to “09-2860-cv Pugh-Perry v. City of New York”

  1. Ms. Pugh-Perry,
    I understand entirely what you are going through. I am 1/4 Native American. I have been targeted in my neighborhood and town by members of a local union that I belong to. They have effectively destroyed my life and any form of employment in a trade at which I excell. Slander campaigns, physcial threats based on race, hangup calls, shooting behind my home at night and in the daytime from cars, destruction of property, the list is almost endless. The local police (State and County) will do nothing, and, in some cases, are actively collaborating in the targeting of minorities in this area.
    I am even getting IM’s from Klansmen.
    I know how you feel.
    I would recommend the SPLC, the ADL, and the NCVC (stalking help). They have been instrumental in helping me document this mobbing/stalking and have a very strong legal center.
    I, as well, am on the brink of homelessness because of this.
    You are not alone, and I will be thinking of you, and your plight as I fight mine.
    Take care, stay strong.
    MJ.

  2. In a message dated 8/6/2010 6:57:41 P.M. Eastern Daylight Time, integraltalk@gmail.com writes:
    Greetings MJ.

    I wanted to thank you for your post on integraltalk and wish you the best as well. To say the least, its far from easy to be in such a position as we find ourselves. Feel free to post on the blog anytime and maybe consider doing your own (if you haven’t already done so.

    I also wanted to ask if you had any contacts at any of the orgs you mentioned in your post. If so, I would appreciate their names and numbers. If you know of anybody else going through these types of horrors (my mind goes to the young man in Connecticut who tragically killed his coworkers and himself), let them know about integraltalk so that they can post if they’d like. Maybe there will be enough people to form some sort of group or coalition.

    In the meantime, you take good care MJ.

    All best.

    Robin
    Ms. Pugh-Perry,

    Thank you for your return correspondence and your support.
    “To say the least…”. Yes, “…far from easy…” allows you the Master of Understatement award from the University of The Hell We Go Through (wry grin).
    I am originally from the Washington DC Metro area, Bethesda to be exact.
    I now live in a small town in MI. where the Klan has held power for over half of a century. The people here Do Not Like minorities. Particularly one who moved from the east coast and went to college: junior though it may have been. They feel that I should “grunt and wear skins, and eat raw meat”, and they absolutely hate the fact that I have a world view that does not match theirs. Add to this that I have a “Dutch” Christian Reformed father/family that has waged a racial holy war against myself and my mother after she divorced him because of repeated adultery and abuse when I was a child. He has actively contacted members of the Ku Klux Klan in this area to target me as proxy to my mom who died in 1998. Per capita, Native Americans have more incidences of stalking, hate crime, and segregation than any other minority: particularly Native women. Rape by White males being foremost.
    I have attempted to get help from the local police and the answers are always “Not our jurisdiction”, “It doesn’t happen here”, “You’re not a Mexican”, or other such blame the victim statements.
    About thirteen or fourteen years ago or so, I was invited to a party out in the state land east of my home where I found a bunch of local HS kids celebrating their graduation with the burning of a twenty foot wooden cross.
    I told my girlfriend at the time that we would not stay for their “campfire” after it got dark. When no one was looking I took their cans of gasoline and walked them way out in the woods and hid them behind a tree. She called me the next day and told me that there were “lots of people that are pissed with you”. The next night (or the next weekend, I have forgotten which) they succeeded in lighting their cross, and ten or twenty acres of state forest as well. It was in the local news.
    I am repeatedly told by people (law enforcement) that there is no problem with hate groups, or hate crimes in the area, but, what I know by examples this is a cover up or dismissed. Their fathers helped them build the cross.
    I too am a whistle blower. Particularly if it involves women or minorities.
    When I have seen employers taking advantage of employees I have helped them expose it. One employer here who owned a “dude ranch” and was one of the largest resort employers in the area actually threatened his female employees with termination if they did not allow his higher paying customers to paw them. One was actually fired for complaining about the implied solicitation for prostitution being espoused by her employer. He suggested that she would get an extra bonus for sleeping with some of them.
    Management fabricated dozens of complaints about this employee to terminate her using the word of those that had propositioned her, and been rebuffed, as proof.
    Hundreds of his workers were paid sub-minimum wage under the theory that they were “seasonal” employees: they were working sixty to eighty hour weeks year round, no taxes or benefits being withheld, no overtime, etc.. I informed them of federal overtime laws, left them NLRB cards, told them about the MESC, told them of their rights. Their immediate management: “Are you trying to get my bartenders to quit?”. Months later, on another visit, the owner came over to me and asked me to leave and never return. Some years later his company had to pay out over $300,000 in back pay and overtime.
    I had to smile.
    My Local union is the same. They allow workplace mobbing based on race, hate speech, threats… basically all of the workers rights violations that are listed and if someone dares to complain they blacklist them.
    The union here is run by the conservative right. They push whatever conservative Republican is running for office in local, state, and federal positions. I can only surmise that this is due to ignorance of the past of the labor movement, but, based on their treatment of minorities, I see a far more sinister vein.
    Destruction of unions, repeal of labor laws and civil rights across the board are what the Tea Party means by their “return to the original Constitution” and “Take back America”. A document wherein it is penned that some men can be the property of others. Removal of federal oversight, return of County Sheriffs as the end all, be all for law enforcement (locally elected), indentured servitude or out right slavery as law.
    Part of the apprenticeship was an attempt to get apprentices to “salt” non union companies. Hire under false pretenses, and then expose union status or try to organize, and then stand as witness when fired for union organizing by non union companies. Shake a man’s hand, lie straight to his face and tell him that you will work your hardest for him, and then help the union run him out of business by SLAPP (Strategic Lawsuits Against Public Participation) type lawsuits.
    I told them that there was no way that I would ever misrepresent myself in that way.
    In a small town, where there are known members of Militias, Klan, White Supremacists, Christian Identity type churches… I am alone. They know this.
    Someone has been breaking into garages and deer blinds in the area and blaming me. Someone has been going to all of my neighbors and telling them that I am on illegal prescription narcotics. Someone has been giving my screen name to the Klan and I am getting IM’s from Klan members (last one on 6/4/2010). Photographic documentation of my computer screen.
    They have screwed with my medical records, destroyed my property (holes in all of my window screens, trashing my well pressure tank, trashing of my road, etc…. photographic documentation again.), destroyed my employment and working environments, repeated hang up calls, threats on my answering machine, repeated attempts to get me involved with automatic weapons, repeated attempts to set me up for burglary charges, repeated attempts to set me up or introduce me to people who are known drug dealers out in the sticks late at night, shooting behind my house at night, and in front of it from cars in the daytime, stealing or opening my mail… as I said, the list is endless.
    Quite a bit of this can be directly traced to my father and his never ending attempts to silence, or have “committed” (he attempted this with my mother repeatedly, had his sister “committed” to gain control of a trust fund, labeled anyone that has ever said “no” to him as “insane”, munchausen, incompetent, delusional, etc…. look up Malignant Narcissist), the only one left who knows how abusive he really is.
    I understand your predicament.
    The U. S. military and other government branches also used/use HR offices to silence dissenters: right about the time segregation was enacted, or “forced” as so many of the old school Klan types feel, HR was used as a way to label those with real grievances, get them in “therapy” because they “did not fit in”, and then give them dishonorable discharges. Every time a midshipman or cadet comes forward with charges about rape or harassment and is painted with mental disorders, lacking work ethics, or refusal to obey orders I have to shake my head. One wonders about Ft. Hood.
    Vigilante Stalking, Community Stalking, Workplace Mobbing, etc.. Klan tactics since their inception.
    But I digress.
    I am preaching to the choir.
    By the way, I have been documenting this for over two years, and actively hollering to the roof tops about it to any that will listen for one: shortly after the shooting behind my home started. The information in this E-mail, and what I wrote on your post had been sent on to the various institutions long ago. It was not just a knee jerk reaction to the circumstances in Connecticut. I also understand how wary one has to be about people who paint themselves as supportive, and then you find out that they are being used to gather information about you to be used against you. Seemingly innocuous statements from outsiders that you know have been planted just to get your reaction and then used against you.
    This example below is paraphrased from a page on the Internet that I read and fits mobbing/stalking as sensitizing by the Klan to a “T”.
    Say a young man is in a school that is primarily White. People will start finding him at various places and say “Fuh”. Later another will say “King”. Then one will say “Ni”. Another will say “Ger”. Not one of them has said a racial slur, but the cumulative effect is something that only the person targeted hears fully. This is called “sensitizing”. Pretty soon this individual will react to any of these key words. Asked what caused him to get in a fight, he will only be able to say that someone said “Fuh”, or “King”. “Hey, I just called him King. That’s a compliment!” They get away with terrorizing this individual, he knows it, and he is the one punished for their actions. Nice, Huh? Many people are unwittingly coerced into doing this without even knowing that it is a phrase, or a word that has been used again, and again, and again by the people who are trying to make the other persons life hell and it causes suspicion, and constant fear of those who might have just unwittingly used it. The targeting, and then, vigilante or organized punishment of any that complain.
    This has been done to me repeatedly.
    I know of one African American family here who’s children were targeted in one of the local schools in just this way. Because of this targeting they were afraid to go to school and their father told them not to go while they were looking for other schools in the area for them to attend. It is a maxim here that if a child misses school for more than three days without the parents sending a note, or contacting the school, child services will contact the parents. No one contacted them when their children did not show up at all for months. The school was hiding their complicity, protecting those who had targeted them for race hate, and just letting the victims “disappear”. More institutional negligence if not outright, malignant bias.
    There is another African American in this township. He is the adopted son of my father’s second cousin. The local Klan reacted violently to his being here. They have repeatedly stolen his mail, smashed his mailbox, driven over the gates to his property, awakened him at night with high powered lights and chanted how they were going to do him harm, passed laws in this township to target him by breed specific laws for his pets. Someone was knocking on doors in his neighborhood and telling the people in the area that he would let the dogs loose to “Sic” on their children, that he was violent, hiding things, and to report him to the police if he so much as gave them a look. A judge in the area, who had originally sided with him, decided against after being “educated by the townspeople”. He is the only person in the entire County who had to give up his pets or go to jail because of these laws specifically targeting him, a minority. The local news has repeatedly covered these stories, but not one of them has ever mentioned, nor, do I believe, did they know about the concentration of KKK in the area headed by a man and his wife whom I have reported to the various authorities. The corruption of public officials, the continued persecution of this man (and myself and others), the destruction of property, hate mail or slander per se to neighbors, the destruction of our lives by these people is being instigated by the KKK, or other organized hate groups in this area.
    Two years ago someone was trying to get a law passed in this area to keep people from doing any kind of work in your garage for any kind of money at all. SLAPP as defined: Strategic Lawsuit Against Public Participation.
    There was an African American church burned down at Christmas this last year in a town south of me. All of their presents for the less fortunate were stolen and the building was burned down.
    So, I go to the local DHS office on 6/30/2010 and speak with a man there about the Klan/stalking (as they are one of the listings in the local phonebook about Domestic violence/stalking as suggested by NCVC) who told me that I should call the local State Police post and try to make a report. I was met with denial about the KKK in the area by the on duty sergeant: “If you’re not Hispanic they wouldn’t bother you.” The sergeant said that he would have a Trooper call me after shift change. I was called at or around 3:00 P. M. from a “no caller ID” number where a Trooper called and left me a message, so, I called them back and at 3:18 P.M. he called me back and he said that he had some things to do and then he would be out after about two hours. He never showed up, and at around 7:35 to 7: 45 P. M. I hear gunfire for the first time in the field out back since last year. Pistol shots. Fifteen of them over the course of about two minutes. Funny, huh? I have no reason to call the police about gunfire during the day, as it is legal, but to hear those shots, on the evening that I told the police about the exact same number of shots that had been shot behind my house at night last summer makes one think.
    On 6/29/2010 a man from my neighborhood (four houses up on my side of the road: one of the houses that I had seen truck tracks going into after a White Power “camping trip” in the area: all along my street… every house except mine, and is also the brother-in-law of a man who targeted me in my union) stopped by, out of the blue and told me that he had just been at the local Klansman’s house and asked me how things were going. When it comes to the Klansman, and people just “stopping by” and bringing up his name “out of the blue” having never mentioned him to them or anyone that they know, I do not believe in coincidences. I told him of some of the problems that I had been having, that the man that he had just mentioned was a known Klansman, and it was his visit that finally prompted me to go to the State Police.
    I had detailed that there were people that were involved with this stalking/harassment who were friends with several of the State police in the area to the SPLC over six months ago. These individuals made sure to tell me that they were friends with the local State Police.
    On 4/21/2010 I sent an E-mail to Community Response at miaahc.org detailing some of the things that had been going on here.
    No response.
    On 5/13/2010 I sent this below on the “suggestions” page of Facebook.
    No response.
    .
    Blocking/Tracing friend suggestions from third parties.
    Hello,
    Last year I joined Facebook at the suggestion of a friend. I had my account open for only a few months and then closed it because of suggestions for friends from a third party.
    I am being stalked by members of the Ku Klux Klan, Christian Right Extremists, and members of several other White Supremacist organizations in the area that I live in. I have received group E-mails on my AOL account from some of these people (including “family”) that have numeric designators on their screen names that denote ties with these hate groups, have told them in no uncertain terms that I want no contact in any way with them, and so they have been using the “friends lists” of several other people to send me the pictures of people who have targeted me for race hate and persecution in my work places, church, and “family”. These are not based on the mutual friends lists of anyone that I have ever had as a friend, nor are they friend requests from the individuals themselves, nor have they been affiliated with any that I have had contact with on your site.
    The drop down menu for blocking/reporting/tracing on your site does not contain criteria for unwanted suggestions for such from a third party.
    It is stalking, Intentional Infliction Of Emotional Distress, and harassment when I have no way of finding out who is sending these suggestions and informing the authorities of the source of this unwanted contact.
    I have been documenting this deluge since I reopened my account with photos of the suggestions page and forwarding them to the appropriate institutions.
    I was driven off of this wonderful way of keeping in touch with people by the fear that my friends list, and mutual friends would be used by these members of Internal Terrorist organizations to target others that I know who are of different religions, races, and sexual orientations.
    Any help in this matter would be appreciated.
    .
    About two years ago, at three thirty in the morning, I received a phone call from (202) 000-0000 that rang one and a half times. The next day I tried to call the number and found that it did not exist.
    DC area code. I recognized it immediately.
    On 6/10/2010 I sent an E-mail to the organization run by Jesse Jackson detailing what had been going on here, and one again to the ADL on 6/7/2010 asking why the information in their web page pertinent to this area had been removed from the link that I had sent out at the time of the White Power gathering here in the end of May of 2009. Several people that I sent the link to have stated that they saw the link, with it’s statement: “On the border of Muskegon and Oceana Counties”, but, attempts to get the ADL to send me the information that has been removed so that I do not look like some kind of “conspiracy theorist”, liar, or nut if I go to a judge or the police about what has been happening have been ignored.
    On the 14th, 15th, 16th, and 17th of June 2010 my phone service was again interfered with. As has happened before, I could call out, but I could receive no calls in. This was not due to interruption of service for non payment. Sporadic ring tones, hollow echoes and sounds (as if it were a party line and someone was listening in) in the lines that I had established. I called the phone company who sent out someone to look at the box. They replaced the box, I replaced a jack inside, and the phone test done by the tech was successful. After he left, for two days more, my phone would not fully ring when whomever tried to call.
    It seems that whenever I send out an E-mail to another group or organization asking for help that my phone service is interrupted in the days following when I would expect a return phone call. The times that this has happened I have called the phone company to document this.
    Today, 8/13/2010, a woman at a law firm that I was talking to remarked that it sounded like I had her on speaker phone.
    There is soooo much more to this than can be put into one E-mail with out going into names and dates, photographs, etc..
    Please forgive my verbosity, but, it is cathartic to have someone who knows what I am talking about to listen/read. Seeing that you have people that are willing to write news articles about your persecution is wonderful as I have written several E/mails to the local news and they have never contacted me at all. It makes one wonder why they have not.
    Probably fear.
    Then again, the doctor in the medical system who was torturing me the most suddenly quit within a week after I sent the first letter to the news.
    Hmmmmmmmm….
    .
    By the way, your two phone numbers listed are both disconnected or out of service. I called to put a voice to your picture/blog.
    .
    There is nothing in this statement that I have not been shouting to the roof tops about so I do not think that it will do you any harm, but, on 9/20/2009 I pulled three keystroke loggers from my computer. Loggers, as defined by the Department Of Homeland Security, installed maliciously on your computer IS an act of terrorism.
    Which is why I am posting this on your blog instead of sending it to you as usual.
    I cannot, in good faith, give you the names of contacts in the various institutions that I have contacted.
    I am sorry.
    Thank you for the invitation to post, I hope that I have not exceeded my welcome.
    MJ.

    • Thank you for sharing your experiences MJ. It is important for people to know that such things are taking place in America. As far as your unwillingness to provide any contact information, I totally understand that you feel the need to protect those who are helping you. I believe that ultimately such a position is counterproductive and leaves us all fair game at the hands of those who would move to harm individuals with which they disagree. In any event, please continue to post your updates if you’d like. In the meantime, take good care and I wish you the very best.

      Robin

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