HunterThinks.com

The best-laid plans of mice and men go oft awry

Posted: 04 November 2014
Updated: 13 December 2017

Am I still fighting the ARDC?

I asked you what information do you want to know about? Cosmin asks, I am personally curious if you are, in any way, fighting the ARDC? Why don’t you take them to court for defamation (at least)?

I am not currently fighting against the ARDC for multiple reasons.

Scales

First, the major reason is that the standard ARDC process was resolved in November 2013. The Illinois Supreme Court adopted the report of the ARDC, which is basically saying that the Court accepted the recommendation of the ARDC because I did not meet the deadline for challenging the report.

Which leads to the second reason why I am not fighting right now: I am too weak. Many of the things that happened during the 3.5 year ordeal happened because I did not have a lawyer and because I was too weak (from depression, anxiety, and PTSD) to present my arguments. I regularly included this information in my legal filings, so the ARDC knew about it, but they proceeded anyway.

If I tried to fight the ARDC right now, I would certainly fail again because I have major anxiety attacks and panic attacks when I accidentally come across documents related to my ARDC case. Without significant, and extremely competent, legal help, I would never be able to present my case.

Defamation is an excellent question. There are major barriers to a defamation lawsuit, though. First, the official version of events–the “truth”–is what the ARDC says it is. Defamation can only be sustained if I prove that something is not true. So, I would have to litigate the entire issue. See my weakness, above, for why that is not possible right now. Second, it is usually difficult, and sometimes impossible, to sue a government for defamation when the government is performing its official duties. I am unsure what the law is in Illinois, so it might be possible. Third, the 11th Amendment of the US Constitution makes it very difficult to sue state governments, and the ARDC is a branch of the Illinois government. Additionally, state laws and state constitutions can erect barriers to suing the government or government officials. I am unsure if I can sue the ARDC or the Illinois Supreme Court and for what I could sue them. I would have to research the issue, and my weakness (see above) makes that impossible.

Since early in the process, I have argued that the actions of the ARDC have been so illegal that the entire process is void. If I am right, then the one of the only good things for me is that a void law may be “attacked” at any time (no statute of limitations) by any party, even “collateral” (indirect) attacks. That might mean that in the future, if I am strong enough and/or if I have enough legal help, I could ask a court to throw out all or part of the ARDC process. But, I have not had the strength to research the issue, including the procedure, so it might be impossible.

The process took 3.5 years because I fought it as hard as I could. Normally, the process requires much less time to resolve. I know for a fact that the ARDC told Naomi Coverdill multiple times that a resolution was months away but it kept getting pushed back. If I had not fought as hard as I did, it would have been resolved in less than 18 months instead of 44 months. Despite fighting, I was outmatched (they had dozens of lawyers, investigators, paralegals, and secretaries) and too mentally ill to compete. Being homeless for much of that time was also a major handicap.

What do you want to know?

I am trying to recover from health problems and build a new life. If writing about specific topics will cause you to help me, please tell me what you want to read about. Time is running out, please help.

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