RE: OAH Case #2012c-BHS-0338-DHS The Evolution Of A Grievance: Wherein, following over one full year of systematic suppression of my right to due process in relation to a criminally imposed sequence of administrative abuse of authority at The Arizona State Hospital, I prepare to go to hearing.

THIS IS AN ONGOING ARTICLE THAT BEGAN LESS THAN 24 HOURS AGO (SEE "RE: ADHS ADHS/DBHS OGA Docket #H090611S0009), AND RELATES TO AN APRIL 09, 2012, ARTICLE ("FACTS OF LIFE #1-4"), AND EVENTS THAT OCCURRED BEGINNING ON MAY 25, 2011, AND EFFECTIVELY CONCLUDING ON MAY 29, 2011.

     
       I am on the verge of taking the full breadth of the legal issues that I have thus far relied upon the state of Arizona to administer to the federal authorities, who I have, by now, established and maintained an ongoing and moderately productive relationship with in terms of my efforts to bring about meaningful reform in the state's behavioral health care system. I am basically fed up with the failure of the Arizona network of public service providers to meet the minimal obligations that I feel the citizens of Arizona expect of them; in my case, I have gone around several very large mountains and back again in trying to rely upon every stinking agency and associated individual that I have turned to, and to no end, I have run into brick walls.
       Despite the intensity of corruption, the truth relating to these matters will be told. There is no way in hell that the majority of my peers in the Arizona mental health community would ever be able to survive the process that I have committed myself to engaging in; it is that simple, and I am no different, quite frankly. I am tired, my emotions and nerves and directly related mental state have been beaten down time and time again by the utterly brutal terms upon which these people operate, and I am done with it. I have given them every opportunity to play by their own rules, this as a matter of seeing that the rights of myself and every other client in the ADHS network are preserved to the fullest possible degree, but they- the administrators at ASH and the affiliated officials in the department of health services- just plow along, ignoring the reality of well established health care standards, as though substandard practices at virtually every level of the system itself are the norm. These things are not acceptable, however; not to me, and not to my supporters.  I have a beautifully sound witness to this affair who will follow this case to whatever venue he/she needs to testify in, and I have little if any concern about the expensive time and energy that I have put into this, to date.

       The Arizona Office of Administrative Hearings has proven itself to be either incapable or unwilling to consider the full merits of the concerns that I have brought to their table; I am willing to believe that the judge I have this far interacted with is simply unable to wrap her mind around the immensity of the issues she has been assigned to consider, but I also freely admit that I am not experienced in administrative legal proceedings such as this, and cannot, as such, take anything for granted. The point is, I am not willing to allow for a potentially short sighted court system to compromise the significance of patient abuse at ASH as I have thus far worked to expose, always in good faith and always as per every recommended avenue for civil resolution; but it is as clear as it has ever been, today, that the state system is effectively corrupted or downright broken to such an extent that no person, patient, or client of the Arizona Department of Health Services/Behavioral Health Services can find meaningful redress in defense of their fundamental constitutional and human rights, this, no matter how severe the endemic criminality and related patterns of patient abuse are.

 I am not willing to let down my friends at The Arizona State Hospital down, nor their families and loved ones; and it is also on behalf of all citizens in Arizona that I am more than willing to continue my dedication to this matter until such a time as I see meaningful resolution to the ongoing patient abuse at ASH, which requires nothing short of bringing an end to the substandard mental-medical health care practices and the directly related clinical and administrative abuse of authority at ASH and beyond in the state health care system.



       The document below is a copy of my communication to Judge Kay Abramsohn, who earlier today advised me that my motion to have the Arizona Office of the Attorney General (Joel "the mortician" Rudd specifically) removed as representative counsel for the appellee in this case. JOEL "the mortician" RUDD IS ONE OF THE APPELLEES IN THIS CASE, SOMETHING THAT I HAVE TRIED TO MAKE CLEAR TO JUDGE ABRAMSOHN, BUT SHE OPTED TO AGREE WITH THE APPELEE'S MOTION TO DENY MY RIGHT TO A FAIR AND IMPARTIAL HEARING.
     With these very troubling things in mind, I submitted the following statement to the court earlier today:

PLEASE FORWARD TO THE HONORABLE KAY ABRAMSOHN. RE: case #2012-bhs-0338-dhs

I AM THE APPELLANT IN THIS CASE. I AM INDIGENT, SERIOUSLY MENTALLY ILL AND DISABLED, I HAVE NO FAX MACHINE OR OTHER LIKE RESOURCES AT MY DISPOSAL, AND I CANNOT AFFORD TO SEND FAXES THROUGH COMMERCIAL VENDOR. BUT THE OAH ELECTRONIC SUBMISSIONS RESOURCE IS NOT ALLOWING ME TO SUBMIT MATERIALS, THUS, I AM SENDING THIS EMAIL.   

This communication is my formal response to Judge Abramsohn's finding, as issued to me by email earlier today (June 26, 2012), in relation to my motion to have Joel Rudd removed as representative counsel for the appellee in this case (#2012c-bhs-0338-dhs). The Tribunal has denied my good faith and reasonable motion on the basis of me not citing any applicable authoritative rules, etc., but I must note that Joel Rudd (nor the Tribunal) cite any like form of authoritative rules in the context of his opinion on the matter, either. Where is the fairness in all of this? Mr. Rudd did willfully engage in unlawful actions specific to this grievance, this is clear from the record as it has stood from day one in this situation and as it will be presented at hearing on July 16, 2012, and I am not able to accept the Tribunal's willingness to allow a person/agency representative who grossly violated my fundamental human and constitutional rights actively challenge my allegations as representative counsel for the appellee in this hearing. The authoritative laws in relation to this matter flow from my constitutional right to equal protection and due process under the law of the land, and to even consider this insults my basic sense of jurisprudence, and flies in the face of civil procedure as I understand it. The conflict issue is undeniable, and Mr. Rudd knows it. If necessary, I will file a related complaint with the district office of the US Attorney General rather than risk seeing the merits of my grievance be trashed by this process if this matter is not more fairly resolved and allowed to precede in so disproportionately unfair a manner. I have rights, too, in direct relation to this proceeding, and I demand that my rights to play a role in the proceedings are granted to the same degree that Joel Rudd/ADHS rights are. PLEASE ADVISE ASAP. Thank you. 


       Below is an example of what I have experienced, this the most recent of systematic rejections of the fact that mentally ill persons in the state of Arizona are denied their most fundamentally founded rights as citizens of the United States today, and the actual document that has compelled me to take these matters to the next level. My status as a highly at risk disabled adult, and my emotional/psychological vulnerability aside: Where in the American court system might one see so negative a response to a reasonable claim such as mine, in terms of seeking to have one of the administratively abusive officials removed from playing a role in a court proceeding upon which my rights depend upon. It reminds one the Soviet gulags, or of our own society, 75 years ago. As follows:  

IN THE OFFICE OF ADMINISTRATIVE HEARINGS 

PRIVATE In the Matter of: P.P., Appellant.		No. 2012C-BHS-0338-DHS ORDER DENYING MOTION TO REMOVE ADHS REPRESENTATIVE, CHANGING STARTING TIME OF HEARING

The administrative hearing in this matter is noticed for formal administrative hearing to convene on July 16, 2012 at 1:00 p.m. pursuant to the ADHS Notice of Hearing issued on June 4, 2012.  The issue for hearing is as follows: 

Appellant’s disagreement with the Department’s October 7, 2011 decision that Appellant’s five allegations that the Arizona State Hospital had violated his SMI rights were unsubstantiated.

On June 14, 2012, Appellant filed a motion to remove Assistant Attorney General Joel Rudd as the ADHS representative, arguing that there was a conflict of interest and asserting that Mr. Rudd and another person, a person who allegedly worked under Mr. Rudd’s direct supervision at the legal office at Arizona State Hospital (“ASH”), were “parties to the central allegations of my rights to due process and related access to fair and impartial court proceeding(s).”  Appellant indicated that this is demonstrated through his grievance in this matter, which was originally submitted to ADHS by a staff person at the ADHS Office of Human Rights.  Appellant included one page from his grievance.  Appellant cited no statutory or regulatory authority applicable to, or in support of, his motion.  

On June 22, 2012, ADHS, through Assistant Attorney General Rudd, filed its response to the motion.   ADHS argued that there is no conflict and that the Tribunal has no authority to remove a party’s legal representative.    

On consideration of the foregoing, 

IT IS ORDERED denying Appellant’s motion to remove Mr. Rudd for the reason that there is no statutory authority, in these matters, for the Tribunal to remove the ADHS legal representative or to interfere with the legal relationship between ADHS and its legal representatives.   

ORDERED this day: June 26, 2012. 

_________________________________

Kay A. Abramsohn

Administrative Law Judge

Copy distributed this ____ day of June, 2012 to:

824 Texas Avenue

Shreveport, LA 71101

 HYPERLINK 

Joel Rudd

Office of the Attorney General

1275 West Washington

Phoenix, AZ 85007

FAX 602-542-4085

Will Humble, Director

Arizona Department of Health Services

ATTN: Jan Escoto

1740 W. Adams, Room 203

Phoenix, AZ  85007

By ___________________________

1) Appellant should advise the Tribunal whether he is represented in this matter by the ADHS Office of Human Rights.

2) Appellant is herein advised that a copy of his September 9, 2011 grievance is contained in the Administrative file in this matter, along with the ADHS September 12, 2011 determination letter and the ADHS October 7, 2011 appeal resolution letter.  The Administrative file does not contain a copy of Appellant’s appeal of the September 12, 2011 letter or a copy of his appeal/request for hearing of the October 7, 2011 letter.

IN CLOSING: To hell with these people! Right? This is the closest I have ever gotten to throwing my arms in the air and saying "Good riddance!" I should have never even considered that the state's suggested course for remediation is sound, for it has only furthered my dismay in terms of trying to reestablish my faith in my own freaking species. These people are monsters, rats, vermin, bottom feeding and smelly (!).  And given my having departed Arizona, for the time being (at least), and knowing as I do that much of my work has been considered by and is being followed up by various other resources who care almost as much as I do about the issues that I have toiled to see addressed, I am of course, (as always) tempted to throw in a towel or two. But I will not, cannot, and refuse to do so, because I do care, and I have friends and allies who still reside in the hands of these malfeasors, and I refuse to allow for the rampant abuse of patients at The Arizona State Hospital to continue unabated. We (I) will sue these rat bastards in federal court, with no objective of personal gain in mind, and demand full disclosure of each and every public record contained in The Arizona State Hospital's files as matter of furthering my testimony to the effect that the clinicians and administrators at ASH are maintaining substandard mental-medical health care practices on a daily basis AND THEY ARE GETTING AWAY WITH IT ON A DAILY BASIS.  

       I considered practicing law very seriously in my life, got so close to it to that I felt the pressure and related responsibility of the life style, the career. In my illness, and through my own sense of personal strengths, I shied away from it; and in time, I came to recall that I am a writer, and not a fighter, litigator, or thick skinned member of The Order of the Coif (which I was at one time tempted to join, believe it or not).  I am a story teller, and this story is only beginning. The patient abuse at The Arizona State Hospital will stop, the individuals directly responsible for the wrongdoing there will be held accountable under the full standards of law and policy, and the story of what it took to see this come about will be told. 

paoloreed@gmail.com