Earlier today, I obtained copies of both the Circuit Court and Intermediate Court of Appeals dockets from the now-closed Justice v Fuddy lawsuit. This case seems to have mostly flown under the radar, but
it was discussed here back in April when the Intermediate Court of Appeals decision was released.
I'm starting this thread to cover discussion of the case as a whole, and I'll be posting links to the filings as I scan them. (Right now, the complaint is moving through the document feeder.)
Background and Timeline:The plaintiff in this case is a Dr. Robert V. Justice. Dr. Justice appears to be a Dentist practicing in Beverly Hills, California. Aside from this case, I can't find much in the way of an online presence for Dr. Justice. His birther activities seem to have largely flown under the radar until the ICA released their decision in April of this year.
Dr. Justice made at least 3 requests for Mr. Obama's birth certificate during the late December, 2008 - early January, 2009 timeframe. These requests were denited by Dr. Fukino, who was the Director of the Department of Health at that time.
Justice filed suit on 7 April 2009 in Hawaii's 1st Circuit based on the provisions of the Uniform Information Practices Act (UIPA) after the Department of Health denied his requests to inspect Mr. Obama's original birth records. A It appears that the complaint was not served until 24 June 2009. The Department of Health filed a motion to dismiss on 16 July 2009. A hearing was held on that motion on 26 August 2009, before Judge Eden Elizabeth Hifo (since retired). Judge Hifo granted the Motion to Dismiss from the bench at the close of the hearing. There was apparently some back and forth on the wording of the order, but the Order granting the Motion to dismiss was filed on 11 September 2009, and final judgement was entered in favor of defendants on 9 October.
Dr. Justice filed a notice of appeal on 9 November 2009. The appeal was entered on the ICA calendar on 11 January 2010. Dr. Justice requested and was granted a 30 day extension, and filed his Opening Brief on 24 March 2010. The Department of Health requested and was granted a 30 day extension, and filed their Answering Brief on 2 June 2010. Dr. Justice appears to have filed a Reply on 28 June, but I did not see it in the record. Oral arguments were not held in this case. The Intermediate Court of Appeals affirmed the Circuit Court's ruling on 7 April 2011.
Preliminary Observations:Despite being a
pro se plaintiff who is lacking even a Taft Law Skool legal edumication, Dr. Justice appears to be far more competent than Orly. He (eventually) perfected service. He did not file for a form of relief that was abolished in the Circuit Courts 39 years ago. He got the name of the statute right. He is not egregiously promiscuous in his use of the common comma. He also included some trivial points in his complaint that Orly omitted from her own - such as a clear statement that he had exhausted his administrative remedies.
Nevertheless, he remains a crazy birther with Oathkeeper overtones. He demanded copies of the Oaths of Office for all of the participants in the case, going so far as to obtain an order from the State Supreme Court unsealing the Bar Admission oaths of the Deputy Attorneys General in the case. His opposition also included a copy of his own Oath of Office (from the Cal. Dept of Corrections), and argued that failing to do what he wants is a violation of that oath and therefore treason.
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