TITLE 18 USC 241 & 242 / Title 18, U.S.C., Section 242
Deprivation of Rights Under Color of Law
This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S. This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race. (3). Federal and state laws also define attorney misconduct and empower judges to discipline wayward attorneys. Rule 11 of the Federal Rules of Civil Procedure (28 U.S.C.A.), for example, requires sanctions for lawyers and clients who file frivolous or abusive claims in court. In a 1989 case, Nasco, Inc. v. Calcasieu Television & Radio, 124 F.R.D. 120 (W.D. La.), a federal district judge suspended two lawyers and disbarred another for “illegal and fraudulent schemes and conspiracies” designed to slow a case in co-damages
Civil penalties against motor carriers Schneider National for, intimidation, disciplinary action, discrimination
DEPARTMENT OF TRANSPORTATION [4910-EX-P] Federal Motor …
Federal Motor Carrier Safety Administration
Dec 10, 2015 – Today’s rule includes a new process for driver complaints related to harassment … Civil penalties against motor carriers found to be harassing drivers are …… number of major carriers(Schneider, National, J. B. Hunt, Swift, U.S. Xpress, …… intimidation, disciplinary action, discrimination, or financial loss as a …
Litigation and the Illegal Immigration Issue
Retaliation Claims against the Employer: Analysis Post. Burlington—Northern…. violation of the National Labor Relations Act (NLRA) but noted that the Court has consistently set … worker relief for employment discrimination under Title VIIX“. In Rivera v. ….. 2″ Sc/monover v. Schneider National Carriers, Inc., 492 F. Supp.
On 1/13/09 after filing above DOT Complaint, LUKE took documents, including my log books in the Drivers lunch room. I was later injured (broken rib, and knee injury) by BRANDON while attempting to escape from building. Luke later fired me stating,” Walter you are being fired for log book violations and refusing a load on 1/12/09″. The DOT complaint was posted on: http://www.truckerscomplaint.com/ 1/12/09.
I received a cease and desist letter:
Mr. Ellis: Please see the attached, which our office confirms was received by your household on February 13, 2009. We again demand that you cease and desist your false, defamatory, and libelous comments about the Schneider National organization, which I understand you recently sent to the individuals copied hereon and to the Schneider National recruiting website.
Miles S. Mittelstadt Associate General Counsel Schneider National, Inc.
SCHNEIDER’S HARRASSMENT for filing a DOT Complaint
From: Mittelstadt, Miles <MittelstadtM@schneider.com>
To: email@example.com <firstname.lastname@example.org>; email@example.com <firstname.lastname@example.org>
Sent: Tue, 24 Feb 2009 8:50 am Subject: RE: Post termination Injury SCHNEIDER NATIONAL
Mr. Ellis: I have listened, read, and reviewed all of your attachments and have read and reviewed your websites related to the Schneider National organization.
You simply make false and unsubstantiated allegations, call someone, record the conversation, and then claim they discriminate against you, or that by disagreeing with you, they are part of the “conspiracy” to discriminate against you, which is an utter figment of your imagination. Your shtick is getting old. I am demanding this one final time that you cease and desist your false, libelous, and defamatory statements regarding Schneider National, its subsidiaries and its associates. You are also commanded to cease and desist the use of Schneider intellectual property, or any facsimile or semblance thereof. This is your final chance to stop your false allegations, leave us alone, and to cease sending your e-mails to anyone in the Schneider organization other than me. Your failure to cease such harassment will result in our legal action against you. Govern yourself accordingly. Miles S. Mittelstadt Associate General Counsel Schneider National, Inc.
E-Mail from Walter Ellis
I am willing to remove any and all false, unsubstantiated remarks regarding SCHNEIDER and its associates, providing you spell out such remarks and “shtick”, whatever that may be. When the workman comp claim #WC648-420112, my back pay and treatment you afford many “White” employees are compensated to me in a timely manner, and when the fear of coming to your facility, getting bones broken and bodily harm is no longer present, I will be favorable to remove these truthful items and remarks from these sites and not contact anyone, anytime, anymore; I promise.
Walter L. Ellis
Subject: Re: Post termination Injury SCHNEIDER NATIONAL
February 23, 2009 Regarding Post-Termination Injury 1/13/09 SCHNEIDER NATIONAL, SNI
On 1/13/09 while on duty at SCHNEIDER’S terminal located at 14392 Valley BL, Fontana, CA, I was confronted by Jeff Ames and Luke Siminendinger, Supervisors for SNI demanding that I complete my log books in a private meeting in their office. This demand was being made in the presence of other drivers who were bringing their faulty logs up to date in the lunch room. Luke demanded that I not finish my lunch, snached my log books from me and demanded that I follow he and Jeff to the office. Luke stated the log books were the property of the DOT and he had a right to take them. (See recordings) & attachments
On April 27 I received the below e-mail from Mr. Mittelstadt:
I have not received “reports” of Mr. Ellis’ alleged hospitalization “for the past few weeks” or alleged “emergency care on several occasions”. The Schneider worker’s compensation department has handled the case in proper and due course. As to the VA, complain to President Obama and the federal bureaucrats, not Schneider. Miles S. Mittelstadt Associate General Counsel Schneider National, Inc. 920.592.3897 (Direct) email@example.com
I filed a Police report immediately after the injury, and Jeff Ames my DBL refused to take a Workman Compensation report. I later reported the injuries to Laurie in the W/C Division, Green Bay, WI.
After being rejected by SCHNEIDER,S W/C Carrier, on the 13th of February 2009 I filed with the Workman Compensation Appeal Board, WCAB. On April 30, 2009 I filed a 132a and Application for Benefits for Serious and Willful Misconduct of Employer.
On May 8, 2009 I was served by SCHNEIDER’S Attorney:
COMPLAINT FOR DAMAGES, LIBEL PER SE; AND INFRIGEMENT AND DILUTION OF SERVICE MARK, UNLAWFUL RECORDINGS OF CONFIDENTIAL COMMUNICATION (Penal Code 632)
Since being injured I have been denied treatment for the serious injuries I received on 1/13/09 and compounded by Mental Stress, which both I am being treated presently. The injuries I
received to this day cause spasms on my right side, where my #9 rib was separated from the cartilage.
The Stress I suffer is due to the discriminatory manner in which I was treated before and after being injured.
The manner in which SCHNEIDER CONSPIRED with Fontana PD, see: http://www.schneidertreatblacks.blogspot.com/
BECAUSE OF THE STRESS I AM SUFFERING AND THE INJURIES BY SCHNEIDER, AND THE FACT THAT I CANNOT AFFORD AN ATTORNEY, I ASK THAT THE COURT(S) INSIST THAT SCHNEIDER’S ATTORNEYS CEASE AND DESIST FROM HARRASSING ME WITH THESE DELAYS ON MY WORKMAN COMPENSATION CLAIM, AND THAT THE ORDER TO STRIKE BE ADHERED TO BY ATTORNEY DAVID BINDER, FOR THE FRIVILOUS, MALICIOUS LAW SUITS FILED APRIL 30, 31/2 MONTHS AFTER I ASKED SCHNEIDER’S ATTORNEY Miles S. Mittelstadt TO EXPLAIN WHAT WAS FALSE IN THE POSTINGS ON THE WEB-SITE(S).
THE HARRASSING AND MALICIOUS ACTS BY SCHNEIDER CREATES STRESS ON MY MIND AND BODY, AND BEING IN PRO-PER, IT WILL NOT PERMIT ME TO ANSWER THESE FRIVILOUS INTERROGOTORIES SUBMITTED ALMOST DAYLY BY ATTORNEY BINDER, AND RECENTLY YESTERDAY I RECEIVED 5 SEPARATE REQUEST AND THREATS, AND ONE TODAY 11/16/09.
WALTER L. ELLIS