Re: The insolence of Office; Hoisting them on their own Petards

Dan Evans wrote:

> On 6 Oct 2003 23:27:28 -0000,
> [EMAIL PROTECTED] wrote:
>
> >Anyone know of any legal treatises or books on how to successfully sue, defeat
> >or otherwise cause problems for evil state agencies.
>
> Procedures to "cause problems" for state agencies are also known as
> "harrassment," and can lead to fines and other kinds of legal
> sanctions.

  Presuming, of course, that there is no underlying merit in the claim
being advanced.  That having been said, do you really think it proper,
PT, to engage in the same kind of misconduct you accuse others of?

> If you believe that a state agency has made an error of fact or law,
> there is usually a remedy, but the remedy will vary from state to
> state, and possibly also from agency to agency.

  If a government official has improperly injured you, then you should
have some kind of remedy.  To hold otherwise would make a mockery
of our legal system (if at this point, that is even possible!).

> In Pennsylvania, there is a general statute that any person
> "aggrieved" by an action of a state agency may appeal to the
> Commonwealth Court, and it shouldn't be too difficult to research the
> rules of procedure for the Commonwealth Court, as well as the rules of
> law that govern under what circumstances the court will reverse an
> action of a state agency.
>
> You will probably find it easier to appeal an error of law than an
> error of fact.  By an "error of law" I mean that, if you can show that
> you should have won under the agency's version of the facts (or under
> the undisputed facts), then the dispute is over the application of the
> law and not over the facts.

  Dan's given a good, solid, balanced, informative answer -- something
you won't often get from the Beaver Boyz.  The problem you are likely
to run into is that your mileage may vary depending on the facts and the
state you live in, and statutes of limitation can be severe.  If you have a
specific complaint, your best bet is to consult an attorney in your state
(unless, of course, you live in California -- in which case, you would be
well advised to consult with any attorney other than the Beaver).

  If you just want a basic conceptual background, start reading some of
the cases applying 42 U.S.C. Sec. 1983 (the most-used provision of the
Civil Rights Act).

> If there is a dispute about the facts, you should pay particular
> attention to the standards for appeal.  For example, if the court will
> reverse a factual finding only for an "abuse of discretion," then you
> are probably going to lose, because it is very difficult to
> demonstrate an abuse of discretion.  However, if the court will
> reverse if the fact-finding of the agency is "against the weight of
> the evidence," then you have a greater chance of success.

  Colorado has something similar: Art. II, Sec. 6 of the state's constitution
empowers an aggrieved party to sue a state government agency under the
aforementioned set of facts.  Problem is, under Colorado's weird reading
of that law, you have to show that you have no other remedy before you
can avail yourself of it....