  Jack Cunningham's case is interesting, I have run into certain
things in NJ courts myself… Statute of limitations issue is bogus…
fraud has no limitation in federal court, and Statute of limitations
runs from the time the fraud is found… It is an act to deceive, an
act of fraud, an act to manipulate due process, - sanctions should be implemented – One of many
cases spell this out… Referring both to the objective
and subjective elements, we have held that qualified immunity would
be defeated if an official "knew or reasonably should have known that
the action he took within his sphere of official responsibility would violate the constitutional
rights of the [plaintiff], or if he took the action with the malicious intention
to cause a deprivation of constitutional rights or other injury."
Harlow et al v. Fitzgerald, 457 U.S. 800; 102 S. Ct.
2727; 73 L. Ed. 2d 396; (1982). (Emphasis added) File
a civil suit in the United States District Court for the District
of New Jersey (federal court) - file this Civil Complaint under U.S.C. 28 §1331,
federal question, civil actions arising under the Constitution,
under U.S.C. 42 §1983, a civil action for deprivation
of rights, and U.S.C. 42 §1985 a civil action for Conspiracy to interfere with civil rights against all Defendant’s
you can list (growing list below)… you can do
it pro se and file an application to proceed indigent…
all documents are on the District of New Jersey (federal court)’s web site…
State
courts have concurring jurisdiction over this type of civil suit, it can
be filed in state court BUT Federal Courts are more easygoing with Pro Se writings,
minor errors in format and rules etc… And if
a state attorney represented anyone, the challenge here would be if he was authorized to do
so… i.e. an application filed for their service, defendant within the scope
of employment… etc… if not.. it was fraud… Check out the principles of the Noerr-Pennington Doctrine…
first Amendment Rights… you may have further
elements to build your case… Void Judgments, move
to vacate previous judgments for harmful errors, constitutional
violations, fraud… etc… all forms and docs you
need are on the court web sites. Bill Help
bring this to Justice.
On December 21, 2000, I first wrote a letter to the New Jersey Supreme Court's Office of Attorney
Ethics complaining about the Maynard & Truland law firm in Morristown, New Jersey and their attorney Robert Correale.
Maynard & Truland was a law firm that I retained to represent me in a Superior court case. We were four months into
the contract, so I did not want to change the law firm; I just wanted Maynard & Truland and their attorney Robert Correale
to act professionally. My complaints in the letter were Maynard & Truland's complete lack of professionalism,
which included their gross negligence, their (Correale) overcharging me, their (Correale) false billing, their (Correale)
inability to have me removed from a court default that they caused themselves and their (Correale) complete lack of communications.
I no longer wanted to feel like I was fighting Maynard & Truland and their attorney Robert Correale, more than the real
opposing parties.
I opened my letter to NJ Supreme Court's Office of Attorney Ethics explaining that I was
a veteran from the Vietnam War and that I was disabled with PTSD, due to heavy combat from living and serving (24/7) in a
Vietnamese peasant village. I added that I suffered from chronic pain resulting from a terrorist bomb blast that I received
in the village. I highlighted how Maynard & Truland's lack of professionalism was greatly exacerbating my PTSD
and chronic pain. At the time, I was not looking for anything other than Maynard & Truland to represent me
in a professional manner, yet understand I suffered from veterans disabilities. With the letter, I included a federal
Veterans Affairs (VA) diagnose statement as well as VA medical progress reports, which clearly stated the impact Maynard &
Truland ethics violations were having on my disabilities. I also supplied letters that I sent Maynard & Truland's
attorneys begging them to act professionally. I supplied all this personal information in the hope the State of New
Jersey would provide me with some reasonable disability accommodations and insure that the law firm acted professionally. Six days later, the Secretary of District X Ethics
Committee, Bonnie C. Frost wrote a return letter that stated, due to New Jersey Court rules, their office could not do anything
to help me. She added I was free to get advice from another attorney.
Whether it was warranted or
not, the Office of Attorney Ethics - District X's lack of support just added to the anxiety and even opened the door for
Maynard & Truland to continue ongoing ethics violations. Their over-charging, false billing, negligence, lack of
communications continued. At one point a Maynard & Truland attorney arrived unprepared at Superior Court for an
arbitration, and I was forced to represent myself as their attorney sat quietly to my left. I ended up getting
charged over $600 for the attorney just sitting there. (Even this, he charged at the inflated rate.)
A little
over two years later, when I refused to pay their open bill, Maynard & Truland attorneys brought me to Superior court
for $1,700. I counter sued on the same docket for Legal Malpractice against the firm. During a break in the court
proceedings, I learned that the Maynard & Truland attorney Robert Correale was the local Vice Chairman of New Jersey's
Supreme Court Office of Attorney Ethics. He was himself responsible for bringing official ethics violations to New Jersey's
Supreme Court for himself and his law firm, Maynard & Truland. This was the same Attorney Ethics Committee that
I asked to support me two years before. (Major Conflict of Interest)
The detailed evidence, I supplied the
Superior Court Judge Ronald Graves on the Open Bill/Legal Malpractice case that day was enough for the judge to decide against
Vice-Chairman of Attorney Ethics Robert Correale and his law firm. Their open bill charges were dropped and the judge
determined that my charges of legal malpractice warranted (merited) the Superior Court Law Division for damages.
When I brought the Legal Malpractice case to Superior Court Law Division, Judge Ronald Graves court transcript was missing
and could not be typed. It actually disappeared. My Superior Court Law Division Legal Malpractice case against
the Maynard & Truland law firm and Vice-Chairman of the New Jersey Supreme Court Office of Attorney Ethics Robert Correale
was then thrown out of Superior Court for lack of merit. How convenient was this...
Vice-Chairman of Attorney
Ethics Robert Correale and his fellow Maynard & Truland attorneys were later cleared by the Office of Attorney Ethics,
when they swore to written Certifications to the New Jersey Supreme Court, which were filled with perjurious, misleading and
vague statements.
This Superior Court transcript went missing in 2003. The State of New Jersey is still looking
for it. Although, I have written numerous letters to the federal Department of Justice requesting they assist me in
getting my Civil Rights and Due Process from the State of New Jersey, the Department of Justice insists this is a New Jersey
issue and they refuse to help. My years of certified letters to New Jersey governors, attorney generals, NJ federal
senators, NJ court systems go unanswered.
In 2010, the Cover-Up still goes on... Former Vice-Chairman
Robert Correale, his former attorneys at Maynard & Truland and those politicians and state government officials, who protected
them for almost ten years, stay above state and federals laws.
Currently, my State Senator Steven Oroho has been
investigating this and has been since November 2008. I'm also trying to get my federal Congressman Scott Garrett
involved in getting me my Due Rights and charging the State of New Jersey with denying me my civil rights for almost ten years
and the violating the Americans with Disabilities Act for not giving me reasonable disability accommodations in the New Jersey
Supreme and Supreme Court systems. This still remains the biggest topic of my Veterans Affairs (VA) therapy sessions and the exacerbation of my PTSD
and chronic pain continues. But the one thing I know, I won't give up trying to get justice from the federal
and state government. I never want to see this
happen again to another PTSD vet or regular citizen.
John "Jack" Cunningham
Proud Vietnam Veteran
http://www.CapVeterans.com
ProudCapMarine@earthlink.net
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Jack Cunningham
and his wife, Joan |  |
On March 11, 2008, my wife
and I went to the F.B.I. office in Newark, New Jersey. To be honest, I felt I was stonewalled by the two agents, who I spoke with from Public Corruption
Squad 8. The lead agent refused to review my
evidence, unless I had original documents with me. He told me I could have typed the documents myself.
Three of the documents were New Jersey Supreme Court Attorney Ethics Certifications,
along with Maynard & Truland's Contract and Invoices). When I asked the federal agent, if it was
a crime for me to make up false evidence and lie to F.B.I. agents, he didn’t answer me. The
discussion went down hill from there. However, I did get the two agents to review part of my evidence, including
the part that they thought I may have typed myself (The New Jersey Supreme Court Attorney
Ethics Certifications, along with Maynard & Truland's Contract and Invoices). When I asked the lead F.B.I. agent, if my Civil Rights to Due Process were being
violated, he said no. I also asked, if the State of New Jersey should have given me "Reasonable Disability
Accommodations" for my PTSD. He just repeated that no federal laws were broken. Since the agents refused to review the New Jersey Supreme Court Attorney Ethics
Certifications, along with Maynard & Truland's Contract and Invoices, because they were not the originals, I
actually had to play make-believe. They looked through
part of the Certifications of James Maynard & Robert Correale and compared it to the Maynard & Truland's Contract. The
F.B.I. agent admitted that all three contradicted each other when it came to the law firm's billing and Retainer paragraphs.
Without farther information, the agent said the Maynard & Truland contract was wrong.
After the agent examined Robert Correale's certification pertaining to the day he first started work on my case and compared
it to his law firm's invoice's start-work date, the agent brought up again that I may have typed the documents myself. What knocked me almost out of my chair was when the agent
told me that Superior Court transcripts can get lost before they can be typed. Just because Judge Ronald
Graves' transcript went missing does not mean it is part of a Cover-Up. Details at:
http://www.americans-working-together.com/id111.html
In the end, I was told that my corruption charges against the State of New Jersey were for civil court in the State
of New Jersey. Since no federal crimes were being broken by New Jersey State officials
and politicians, I had to deal with the State of New Jersey. When I informed the agents that the New Jersey
Governor’s office and his Attorney General’s office do not even answer my certified letters, I was again
informed that they are not breaking any federal laws.
The below letter was sent to U.S. Senator Robert Menendez and a number of other
U.S. senators and congressmen/congresswomen in September 2006. Senator John McCain was the only response I received.
His letter stated that I must deal with my New Jersey federal senators. Senator Robert Menendez and his staff
have never answered this letter and have never placed anything in writing. ( Senator Robert Menendez phone: 202-224-4744 ) New Jersey Governor Jon
Corzine continues to not answer my numerous letters to him. The federal Department of Justice, including the F.B.I.,
insist that I must deal with the State of New Jersey. The saga continues. In Vietnam, Webmaster Jack
Cunningham served (24/7) in a Vietnamese peasant-farming village. At times, there were only four (4) Americans
in a village of 2,000 homes. Jack is holding his M-79 grenade launcher. The weapon was nicknamed "The
Blooper" because of the sound the weapon made, when it released a round.
Your "Due
Process" under the law was violated. Perjury is also an issue which should not be over-looked. Try communicating with the US Attorney and/or FBI. --------- Having been a pretty good "street cop" for 35 years this December, I
read carefully what you sent me. If
I was involved with this case and having the documentation that you and the courts have, I believe that I would approach a
mid-ranking Officer in the police service in your area and inquire about "perjury" investigations. -------------------------- After
spending 28 years in law enforcement, I've never seen such screw ups in my life. Sounds like these lawyers
had something going with friends in high New Jersey government places.
Theft of your constitutional rights and
due process under the law, by deception. Please
contact Senator Robert Menendez (Information below) and demand that John "Jack" Cunningham get his Due Process from
the federal government and the State of New Jersey.
PLEASE PASS THIS REQUEST AROUND TO
YOUR FAMILY AND FRIENDS WHO USE THE INTERNET.
The below letter was sent to U.S. Senator Robert
Menendez in May 2006, but he made no attempt to get the questions in the letter answered.
He did his part in adding to this Cover-Up. This letter is just one of many different letters that were addressed to
the listed politicians and New Jersey State Goverment officers. These questions were never addressed in verbal
or written form by these parties.
Although this letter and a great deal of other evidence have been sent by certified mail to
New Jersey Governor Jon Corzine and His appointed NJ Attorney General, both these government offices refuse to reply
or respond to my phone calls.
Being the local Vice-Chairman
of New Jersey's Supreme Court's Office of Attorney Ethics, Robert D. Correale, Esq. was able to do what he and his Law
Firm of Maynard & Truland wanted. With all their friends and influence around the State of New Jersey, they
were clearly above the law. At least, they were for the last 5 to 6 years.
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