No. 18-7073

Todd James Luh v. Fulton State Hospital, et al.

Lower Court: Eighth Circuit
Docketed: 2018-12-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-rights cruel-and-unusual-punishment disability-discrimination discovery due-process institutional-misconduct involuntary-commitment medical-abuse medical-records retaliation veterans-rights
Latest Conference: 2019-02-15
Question Presented (from Petition)

Does it serve justice to dismiss my claims when it is clear that testimony will be presented at trial that the defendants have assaulted me themselves and allowed and paid numerous patients to assault me, given that there will also be testimony presented that the defendants also withheld medications, starved me as a punishment as well as a thousand other abuses I have presented, not to mention illegally medicating me with powerful antipsychotics (when I was neither mentally ill or a danger to myself or others), and all of these tortures were done to me as an act of retaliation for my complaints?

Is it fair in the cases presented, for the defendants to request my private confidential and sensitive medical records from the Veterans Hospital from after my release, which would only be relevant for the purposes of establishing damages after liability was assigned by a jury, and then the courts deny me the emails the defendants have generated about me (which I have requested) which are by Missouri law are public record and discoverable?

Given that I am chronically exhausted (primarily caused by the torture and abuse of the defendants) shouldn't the courts appoint an attorney to represent me given the disadvantage the defendants have caused for me (at the very least they have made a bad situation worse), additionally given the requirements of the Americans with Disabilities Act (the courts being a government service/benefit/agency), and in particular given the defendants involvement in what amounts to years of torture, shouldn't a dying disabled Honorably Discharged Veteran be provided an attorney and not denied justice and the right to present his claims to a jury?

Question Presented (AI Summary)

Does it serve justice to dismiss my claims when it is clear that testimony will be presented at trial that the defendants have assaulted me themselves and allowed and paid numerous patients to assault me, given that there will also be testimony presented that the defendants also withheld medications, starved me as a punishment as well as a thousand other abuses I have presented, not to mention illegally medicating me with powerful antipsychotics (when I was neither mentally ill or a danger to myself or others), and all of these tortures were done to me as an act of retaliation for my complaints?

Docket Entries

2019-02-19
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8. As the petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and the petition is submitted in compliance with Rule 33.1. See Martin v. District of Columbia Court of Appeals, 506 U. S. 1 (1992) (per curiam).
2019-01-31
DISTRIBUTED for Conference of 2/15/2019.
2019-01-17
Waiver of right of respondents John Lyskowski, John Brown, Cassandra Sailor, Mary Pearson, Delbert Groves, Cheryl Maddox, Rita Thackeray, Bruce Harry, Russ Detremp, Garret Wilson, John Bucklew, Dr.Selbert Chernoff, Sara Linenfelser, Betty Mireles and Tammy Olson to respond filed.
2018-10-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 17, 2019)

Attorneys

John Lyskowski, John Brown, Cassandra Sailor, Mary Pearson, Delbert Groves, Cheryl Maddox, Rita Thackeray, Bruce Harry, Russ Detremp, Garret Wilson, John Bucklew, Dr.Selbert Chernoff, Sara Linenfelser, Betty Mireles and Tammy Olson
Julie Marie BlakeMissouri Attorney General's Office, Respondent
Todd Luh
Todd J. Luh — Petitioner