Friday, July 4, 2014

"Plaintiffs Continue to Seek Justice in Racine Lawsuit"

From the Racine Equality Project:

"The Plaintiffs in THOMAS J. HOLMES, et al., v.  JOHN DICKERT, et al., Case No. 14-CV-208 have responded to the Defendants Motion to Dismiss and the next course of action rests with the Defendants, who have 14 days to respond. Should the Defendants choose not to respond in writing, the Court may move to oral arguments, or make a decision on the Motions. Almost forgotten, is that the Racine County Circuit Court, in a decision upheld by the  Wisconsin Court of  Appeals, already ruled that Thomas J. Holmes  right to due process was violated by The City of Racine, City of Racine Common Council, City of Racine Public Safety and Licensing Committee and Kurt Whalen; in an unlawful act that also deprived Thomas Holmes to the use of his private property, business, and the ability to provide a living for his Family and himself.  See:  State of Wisconsin Court of Appeals Case No. 2011AP2282."

Read more: http://racineequalityproject.org/?p=96

8 comments:

Anonymous said...

Will the guilty go unpunished?

The Plaintiffs argue that they have specifically alleged sufficient facts to plead a multitude of predicate acts as defined by 18 U.S.C. § 1961(1) and Wis. Stat. § 946.82, Wisconsin’s state RICO act (“WOCCA”), including, but not limited to, violations of the following federal and state crimes:

• Extortion in violation of the federal extortion statute, 18 U.S.C. § 1951(b);
• Extortion in violation of the Wisconsin extortion statute, Wis. Stat. 943.30;
• Bribery in violation of the federal bribery statute, 18 U.S.C. § 201(b);
• Bribery in violation of the Wisconsin bribery statute, Wis. Stat. 946.10;
• Receiving an unlawful gratuity in violation of federal law, 18 U.S.C. § 201(c);
• Receiving an unlawful gratuity in violation of Wisconsin law, Wis. Stat. 11.25(1);
• Official misconduct in violation of Wisconsin law, Wis. Stat. 946.12;
• False swearing in violation of Wisconsin law, Wis. Stat. 946.32(1)(a);
• Honest services fraud in violation of federal law, 18 U.S.C. § 1346; and
• Money laundering in violation of federal law, 18 U.S.C. § 1956(a)(1)(B)(i)


Is it any surprise that The City of Racine would argue that following a State statute shouldn't be necessary, and that refusing to swear to a Complaint is somehow frivolous?

While The City of Racine frivolously attempted to claim that an oath, or swearing of a statement was a meaningless trapping, the Court sternly reminded the City and Kurt Whalen that the statutory requirement of a sworn complaint is there to prevent baseless harassment of legitimate businesses. The Court properly concluded that Kurt Whalen, in his failure to comply with State statutes and swear to the complaint, was untrustworthy while assisting the City in violating Thomas Holmes right to due process.

The Racine Equality Project can only ask – if the City and Kurt Whalen believe that swearing to a complaint is trivial and of no importance, why then didn’t Kurt Whalen simply swear to it? Because false swearing is a Class H Felony? And why is Kurt Whalen being employed by The Village of Mount Pleasant as the Village Administrator? Kurt Whalen, in his defense against the current lawsuit doesn’t even deny being involved in racially motivated or predicate acts – only that his level of racism is up to debate and that he didn’t commit enough predicate acts to be considered a Racketeer. From Kurt Whalen’s defense in his Motion to Dismiss for THOMAS J. HOLMES, et al., v. JOHN DICKERT, et al., Case No. 14-CV-208, page 48:

At best, the allegations against Wahlen indicate that Wahlen engaged in racially motivated actions (though that, too, is tenuous). However, such actions cannot constitute predicate acts under RICO. See,e.g.Jennings, 910 F.2d at 1438 (holding that violations of “civil rights and constitutional law” are not predicate acts under RICO). And, even if these were predicate acts, there is no plausible scenario in which these actions, which occurred, at most, over six months, allege a “pattern of racketeering” against Whalen. (See supra,at Section II.B.1, collecting caselaw indicating that the commission of a few predicate acts committed within a short period of time is not a “pattern of racketeering”)


When does Lying John name the Embezzler he fired, and how much was taken?

OR is the "Real Embezzler" still employed at Racine City Hall?

I can see it now!

HELP! Lying John catch the "Real Embezzler!"

SER said...

You know what I’m afraid of, is when it comes to election time, just prior to the election Lying John Dickert will come out in the media of a SUPER mayor and all the good shit he has done for the city.

The people will fall for it and re-elect that asshole.

SER said...

And the Governor of Wisconsin falls in the same category of Dickert, lying assholes!!!

legal stranger said...

You must remember that WisconSIN is the only state in the U.S. with sin as part of the name, that should tell you something

Anonymous said...

LOLOL You are all a bunch of conspiracy theory morons... what else, there is a secret Alien base under area 51?

One of you dunces asked "And why is Kurt Whalen being employed by The Village of Mount Pleasant as the Village Administrator?" BECAUSE APPARENTLY THEY THOUGH HE WAS THE BEST GUY FOR THE JOB! Were you part of the interview process for the village? No? Then stfu.

Then some other idiot, Tricky Dicky, somehow ties the City's court fight with the unions to the City being racist? Didn't know it was an all black union... LOL.

Man you guys are a HOOT! Keep up the great work... ;)

Anonymous said...

What interview process for the village administrator job?

You are just another Dickert crony spreading more lies and attacking anyone who questions the ongoing corruption. Shame.

Anonymous said...

Nope,not a crony and I don't even live in the city.... Sorry to ruin your conspiracy fantasies. Lololololol

Anonymous said...

Being able to process information at a higher level is not the forte of everyone.

The City of Racine made a bad decision when it challenged the Union contracts it made - and when the City of Racine lost at the Circuit Court - they compounded their error even more and wasted additional tens of thousands appealing a decision that was correct.

The City of Racine was stupid enough to do it again, in the Park 6 v. City of Racine case.

Stupid resides at Racine City hall. Elections have consequences.

If only John and Tom had a brain, or a college degree. They... don't.