Time: Fri Sep 05 08:42:07 1997
	by primenet.com (8.8.5/8.8.5) with ESMTP id IAA15630;
	Fri, 5 Sep 1997 08:34:59 -0700 (MST)
Date: Fri, 5 Sep 1997 11:34:41 -0400
Originator: heritage-l@gate.net
From: Paul Andrew Mitchell [address in tool bar]
To: pmitch@primenet.com
Subject: SLS: Right Way Practitioner Responds (fwd)

Title 42, United States Code, Section 1983,
is a codified version of the 1866 Civil Rights Act.

As such, it is for federal citizens and resident
aliens, NOT for Citizens of the several states
of the Union.  Quoting:

"B.  Who is Protected;  Standing"

"853.  Generally"

"Rights under 42 USCS =A7 1983 are for citizens
 of the United States and not of state.  Wadleigh v.
 Newhall (1905, CC Cal) 136 F 941."

    [42 USCS =A7 1983, n 853, "Civil Rights", p. 600]

Check it out for yourself!

/s/ Paul Mitchell

At 07:34 AM 9/5/97 +0000, you wrote:
>*Jus Dare*
>Right Way Practitioner Responds
>From:             "Terry Anderson" <teasr@mail.zipcon.net>
>Organization:     TEASR Enterprises
>Subject:          Right Way to Prison?
>> *Jus Dare*
>> Right Way to Prison?
>> From: "Harold Thomas" <harold@halcyon.com>
>> Subject: Re: [jus-dare] Right Way - L.A.W.
>> I am quite familiar with Right Way Law and know a number of
>> people who have both studied with Rick S. and attempted to use
>> his methods and paperwork.  Likewise I have heard many reports
>> of wins and pending wins.  Alas, however, I have NEVER met one
>> single person who has actually won and can prove it.  On the
>> other hand, I personally know and closely followed the case of
>> one fellow who went directly to prison using Right Way's
>> strategy in a Willful Failure to File trial.=20
>>  I knew another fellow who was working very closely with them
>>  and
>> filed several Title 42 suits, worked them them some 2 years and
>> never won a thing.  With considerable friends and connections
>> around the country, as I said, all I can seem to come up with
>> is "reports" of wins -- no one with a published decision or a
>> judgement, much less an actual settlement check.
>I'm told that the typical win in a Title 42 lawsuit includes a=20
>gag order which prohibits the plaintiff from divulging ANY
>information about the settlement. What RWL is suggesting for=20
>those prosecuting such suits is that they keep others informed=20
>about the proposed settlements during the negotiations so that=20
>when nothing more is heard, they can assume that the settlement=20
>is better than the last amount divulged. I do not know if any=20
>suits have actually been prosecuted through a jury trial, but I=20
>suppose RWL could, and would, tell anyone such information if=20
>they asked them.
>> I should say that I've listened to tapes of Rick S. chatting
>> with a friend, and I have no doubt, based upon what I heard,
>> that Rick S. himself can handle himself in a legal setting, is
>> totally commited to fighting the good fight and no doubt has
>> backed the gov't down himself a time or three.
>> Now this is not to question in any way the sincerity or motives
>> of anyone.  I myself have chased down a few ratholes before
>> having to admit to myself that a particular hole was going
>> nowhere.  But, Right Way has been around quite a while now and
>> if the strategies were working consistently,=20
>No doubt that dealing with our INjustice system is largely=20
>'cut-and-try' at best. Smith and company will research a=20
>proposed 'procedure' and try it in a real situation to see what=20
>results. Yup, even they have gone to jail for trying stuff! But=20
>when they find something that 'works,'they will let others in=20
>the club know about it - always with the proviso that there are=20
>no guarantees. What works in this court may not work in that=20
>court. Nice to have a legal system like this, isn't it?! But I=20
>think on the whole they have done a lot of good research and=20
>have some credible procedures and information to offer anyone=20
>willing to look and learn. And you're correct - whoever uses the=20
>suggested procedures should be WELL prepared through practice=20
>(best if under pressure from a friend or spouse who can get in=20
>your face and act mean and belligerant!) before they go to court=20
>and use them. Not everyone is up to the task, and those who=20
>'blink' first - lose!
>I don't think anyone will ever come up with the 'silver bullet'=20
>procedure for any given court situation. When the judges act=20
>like a god in their courts and dole out whatever they please,=20
>regardless of law and written court rules (e.g. the IRS case on=20
>your web page where the judge overruled the jury decision!!),=20
>there is no real way to counter that except possibly to not ever=20
>admit jurisdiction to them. To the best of my ability, that is=20
>the way I plan to go. They'll put on a show - a bluff - but in=20
>the end, my case will be dismissed if I never allow them=20
>jurisdiction over me.=20
>Will I be jailed? Maybe. Will it look like I'm going to lose big=20
>time if I don't do such and such? Likely. But if I stay the=20
>course, they have no recourse (remember: no guarantees!!) but=20
>to dismiss and probably make it look like some procedural error=20
>makes it necessary. Is this the silver bullet? Probably not, but=20
>lacking anything better for the moment, and since they seem to=20
>have most of the guns, it's my plan.
>I think you'll agree with me that anyone who contemplates the=20
>patriot 'walk' is well-advised to count the cost first and then=20
>prepare, prepare, prepare. Quite often preparation comes of=20
>necessity while under the intense pressure of a legal situation=20
>for which you know not what to do or which way to turn. Losing=20
>the battles in court seem to be the norm while preparing to win=20
>the war. I wonder if those who fought at Valley Forge pondered=20
>what in the world they were doing there, freezing, hungry, tired=20
>and still having to muster the strength to fight again and=20
>again. I'm certainly thankful that with God's help those=20
>patriots ultimately prevailed. With God's help, we will, too.
>>well, the way things spread in the desperate ranks of the=20
>>patriot/tax movement, I have to thing Rick S. would be holding=20
>>his seminars in the Kingdome to a packed house and the battle=20
>>against the feds in court would have been reduced to a slam=20
>>dunk by now. I fear such is not the case, but I'm all ears for=20
>>anyone who has some case specifics they'd like to share. (much=20
>>like James DeArman of Michigan did on another recent thread).
>> Thanks, however, for your sincere interest and  input.
>> Harold Thomas
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Paul Andrew Mitchell                 : Counselor at Law, federal witness
B.A., Political Science, UCLA;  M.S., Public Administration, U.C. Irvine

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