Undue Process Under Set Flaws
Undue Process Under Set Flaws
By Luis Ángel Pérez, writing4light, Friday, January 12, 2018
https://writing4light.tumblr.com https://writing4light.blogspot.com
Merit is the worth that is referred to the quality in a person, action, or thing. If a claim is found to have merit – the essential fundamental nature of the claim is said to have an inherent value of goodness & legal significance, unobscured by personal feelings, procedural details, technicalities, and the like. Evidence shows that Federal Judges found sufficient merit in this Public Interest Civil Rights Complaint filed against the New York City Department of Education (NYCDOE). One Senior Federal United States Magistrate Court Judge even ruled that the NYCDOE’s –
“… motion to dismiss, be denied, in part …”. Surviving a motion to dismiss indicates that the Court drew a reasonable inference that the NYCDOE is liable for the alleged misconduct & that the case will not be thrown out of Court but instead allowed to be presented before an Open Court & Jury.
However, despite such recognition, after multiple derailments by Court Officials to block such grievance from ever entering an Open Court, Jury, & Public Record – on January 02, 2018, [for Case # 17-3111 (RAK)(COW) Perez v New York City Department of Education, (NYCDOE)], the Court of Appeals for the Second Circuit of New York had once again, [as they ruled back in May 03, 2017 for related Case # 17-55 (RAK)(COW) Perez v New York State United Teachers/United Federation of Teachers, (NYSUT/UFT), Union], concluded that the complaint is – “… DISMISSED because it lacks an arguable basis either in law or in fact.”
Would the reportedly Highest Ranking & Highest Paid Officer of the NYC Public School, Chancellor Carmen Fariña, [also Former Educator, Former Principal, Former Superintendant, Former Deputy Chancellor], just days before the big & distracting end of the year holiday break of December 2017, abruptly announce her resignation from such powerful position, if she had no basis in law or in fact to do so?
And, approximately fifty-six days prior to her resignation, would Longtime Top Brass Special Commissioner of Investigations for the NYC Public School System, Richard J. Condon, [also Former First Deputy Commissioner of the New York Police Department, Former Police Commissioner, Former Commissioner of The Division of Criminal Justice Services Under Governor Cuomo], abruptly announce his resignation from such powerful & high salaried position in late October of 2017, if he had no basis in law or in fact to do so? Mr. Condon’s extensive experience in the Law Enforcement & Criminal Justice fields puts into perspective the level of comfort displayed by DOE Officials when they engage in abuse of power & obstruction of investigations & justice. Why did local media, especially education reporters, not sufficiently cover this particular & important Public Interest resignation?
“Some see complaints … as sometimes playing a destructive role in schools,
as teachers or principals might file complaints as a cudgel against those with whom they disagree.”
“Even if individuals are cleared, the investigations can drag on, leaving a cloud hovering over the institution.”
Mr. Condon According to The New York Times, October 26, 2017
https://www.nytimes.com/2017/10/26/nyregion/schools-investigator-richard-condon-retiring.html
It took the mindfulness & courage of a very few of our most famous, well established, wealthy, formerly victimized white sisters to publicly denounce harassment & inequality in the workplace in order to really move the needle toward reform for abuse that for too long too many in law enforcement & public office have known about but, for different reasons, opted to ignore; in turn, further damaging souls & delaying the successful progress of humanity. DOE TOO is infected with & in dire need for the quelling & inoculation of such monstrous peril but do we too require a “separate but equal” set of elite heroin voices in order to incite real reform & emancipation?
The current pulse to the “Me Too”& “Time’s Up” movements to cultivate a culture shift far away from the harmful & scarring indignations of sexual harassment & inequality in the workplace can rationally be expected to grow faint & soon die so long as humans continue to neglect the open discourse & proper address of such abuses of power within one of the most critical operations to human learning & democratic values – our Education System.
Now It Is Up To The Supreme Court of The United States, The Attorney General of The People of New York,
The New York State Union, The Mayor of New York &/or The Department of Education To Do What Is Right For The People.
Will The Honorable Supreme Court of Our United States Be The Model To
The Firmest Pillar of Good Government & Help Heal Our Humanity?
Grievance Now Submitted To The Supreme Court As Of January 08, 2018.
* Much Love To Everyone *
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