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IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT


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Appeal No. 10-13539-H
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District Court No.: 1:08-cv-1971-WSD

James B. Stegeman Plaintiff-Appellant,

Versus

Superior Court, et., al., Defendants-Appellees

EMERGENCY MOTION FOR THE COURT TO DIRECT THE CLERKS


TO CEASE HINDERING APPELLANT’S ATTEMPTS TO APPEAL,

AND

FOR EXPEDITED REVIEW OF APPELLANT’S MOTION FOR LEAVE


TO PROCEED ON APPEAL IN FORMA PAUPERIS

COMES NOW, APPELLANT, James B. Stegeman, who, pursuant to 11th

Cir. R. 27-1(b)(2), files Emergency Motion for the Court to Direct the Clerks to

Cease Hindering Appellant’s Attempt to Appeal, and For Expedited Review of

Appellant’s Motion for Leave to Appeal in Forma Pauperis. In support of

Appellant’s requests, he shows this Court the following pertinent facts.


There is a likelihood that Appellant will prevail on the merits; There will be

irreparable injury to the Appellant, if relief is withheld; There is no possibility of

harm to other parties if relief is granted; and It is within the public’s interest that

this Motion is granted. The paragraphs below show proper grounds for this Court

to Grant Appellant’s Motion.

Further, Appellant is invoking the full extent of his Rights under ADA Title

II, and Section 504 of the Rehabilitation Act.

A ADA Title II and Section 504 of the Rehabilitation Act

The United States as Intervenor in Spencer v Earley, et., al., fully explained

the constitutionality, responsibilities concerning, and rights of those protected by

ADA Title II and Section 504 of the Rehabilitation Act as follows:

1. The ADA established a “comprehensive national mandate for the

elimination of discrimination against individuals with disabilities.” 42 U.S.C.

12101(b)(1). Congress found that, “historically, society has tended to isolate and

segregate individuals with disabilities,” and that “such forms of discrimination…

continue to be a serious and pervasive social problem.” 42 U.S.C. 12101(a)(2).

Congress specifically found that discrimination against persons with disabilities

“persists in such critical areas as employment, housing, public accommodations,

education, transportation, communication, recreation, institutionalization, health

services, voting, and access to public services.” 42 U.S.C. 12101(a)(3). In addition,

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Congress found that persons with disabilities

continually encounter various forms of discrimination, including


outright intentional exclusion, the discriminatory effects of
architectural, transportation, and communication barriers,
overprotective rules and policies, failure to make modifications to
existing facilities and practices, exclusionary qualification standards
and criteria, segregation, and relegation to lesser services, programs,
activities, benefits, jobs, or other opportunities.

42 U.S.C. 12101(a)(5). Congress concluded that persons with disabilities

have been faced with restrictions and limitations, subjected to a


history of purposeful unequal treatment, and relegated to a position
of political powerlessness in our society, based on characteristics
that are beyond the control of such individuals and resulting from
stereotypic assumptions not truly indicative of the individual ability
of such individuals to participate in, and contribute to, society.

42 U.S.C. 12101(a)(7). Based on those findings, Congress “invoke[d] the sweep

of congressional authority, including the power to enforce the fourteenth

amendment,” to enact the ADA. 42 U.S.C. 12101(b)(4).

The ADA Title II, 42 U.S.C. 12131-12165, addresses discrimination by state

and local governmental entities in the operation of public services, programs, and

activities. Appellant is invoking his Rights under ADA Title II, which provides

that “no qualified individual with a disability shall, by reason of such disability, be

excluded from participation in or be denied the benefits of the services, programs,

or activities of a public entity, or be subjected to discrimination by any such

entity.” 42 U.S.C. 12132. A “public entity” is defined to include “any State or local

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government” and its components, 42 U.S.C. 12131(1)(A) and (B). Title II’s

coverage of “services, programs, or activities,”, and Congress expressly abrogated

the States’ Eleventh Amendment immunity to such suits in federal court, 42 U.S.C.

12202. Title II prohibits governments from, among other things, denying a benefit

to a qualified individual with a disability because of his disability, providing him

with a lesser benefit than is given to others, or limiting his enjoyment of the rights

and benefits provided to the public at large. See 28 C.F.R. 35.130(b)(1)(i), (iii),

and (vii).1 In addition, while there is no absolute duty to accommodate individuals

with a disability, a public entity must make reasonable modifications to its policies,

practices, or procedures if necessary to avoid the exclusion of individuals with

disabilities, unless the accommodation would impose an undue financial or

administrative burden on the government, or would fundamentally alter the nature

of the service. See 28 C.F.R. 35.130(b)(7), 35.150(a)(2) and (3). The ADA does

not normally require a public entity to make its existing physical facilities

accessible. 28 C.F.R. 35.150(a)(1). Public entities need only ensure that “each

service, program, or activity…when viewed in its entirety, is readily accessible to

and usable by individuals with disabilities.” 28 C.F.R. 35.150(a). However,

buildings constructed or altered after Title II’s effective date must be designed to

1
Congress instructed the Attorney General to issue regulations to implement Title
II, based on regulations previously promulgated under Section 504 of the
Rehabilitation Act of 1973, 29 U.S.C. 794 (2000 & Supp. I 2001). See 42 U.S.C.
12134.
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provide accessibility. 28 C.F.R. 35.151.

2. Section 504(a) of the Rehabilitation Act of 1973 prohibits any “program or

activity receiving federal financial assistance” from “subject[ing any person] to

discrimination” on the basis of disability. 29 U.S.C. 794(a). Individuals have a

private right of action for damages against entities that receive federal funds and

violate that prohibition. See 29 U.S.C. 794(a) Barnes v. Gorman, 536 U.S. 181

(2002); Olmstead v. L.C., 527 U.S. 581, 590 n.4 (1999).

In 1985, the Supreme Court held that the text of Section 504 was not

sufficiently clear to evidence Congress’s intent to condition federal funding on a

waiver of Eleventh Amendment immunity for private damages actions against state

entities. See Atascadero State Hosp. v. Scanlon, 473 U.S. 234, 245-246 (1985). In

response to Atascadero, Congress enacted 42 U.S.C. 2000d-7 as part of the

Rehabilitation Act Amendments of 1986, Pub. L. No. 99-506, § 1003, 100 Stat.

1845. Section 2000d-7 provides, in relevant part:

(1) A State shall not be immune under the Eleventh Amendment of


the Constitution of the United States from suit in Federal court for a
violation of Section 504 of the Rehabilitation Act of 1973 [29
U.S.C. 794],… (2) In a suit against a State for a violation of a
statute referred to in paragraph (1), remedies (including remedies
both at law and in equity) are available for such a violation to the
same extent as such remedies are available for such a violation in
the suit against any public or private entity other than a State..

42 U.S.C. 2000d-7(a).

Every Court, and Legal Program that Appellant has attempted to obtain
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assistance from with legal problems, or sought an attorney’s aid through, has

consistently denied Appellant his Right to the assistance, in direct violation of

ADA Title II.

B August 30, 2010

August 30, 2010, the date that the Courier hand-delivered Appellant’s

Motion for Leave to Appeal in Forma Pauperis, the Clerk of this Court, had

already written up a letter dated September 03, 2010 “Exhibit 1” and a letter dated

September 07, 2010 “Exhibit 2”, which were both obtained from the Pacer

Website on or around September 1, 2010. The dates at the tops of the letter reflect

the date on which the letters were filed, that date is 08/30/2010. There is a real

problem with the Clerks of this Court tampering with and hindering Appellant’s

attempts to Appeal. It must not be allowed.

It has been held that: “The most basic function of a court system is to

promote the rule of law. Courts promote the rule of law by earning the respect of

the people as the fair and dispassionate arbiters of society's disputes, …. A court

system cannot operate effectively without the respect of the people. If the people

do not respect the judiciary, the people will disobey its edicts and flout its

commands. The people will resort to self-help. Court personnel who cause people

to question the integrity and impartiality of the judiciary therefore undermine the

rule of law and disrupt the functioning of the courts.” US v Gunby, 112 F.3d 1493,

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79 A.F.T.R.2d 97-2764, 10 Fla. L. Weekly Fed. C 960 (11th Cir. 1997).

It is well known that the Court’s clerks enjoy judicial immunity. By the

Courts extending immunity to the Clerks, the Courts are thereby responsible for

their Clerks’ actions and/or inactions.

C This is Not the First Time This Appellant has Filed an Appeal in This
Court.
Appellant has successfully filed an Appeal in the US Court of Appeals for

the Eleventh Circuit,2 otherwise, he would be much more inclined to believe that

he erred. Appellant knows for a fact, that the claims made by the Clerk when he

attempted to Appeal in 2009,3 were erroneous. The first time Appellant filed

Motion for In Forma Pauperis in the 11th Circuit, was filed on or around October

19, 2007. This Court denied the Motion, because District Court had claimed that

the Appeal would be frivolous. This time, the Court had already granted Pauperis

status, thus the reason Appellant felt it necessary for him to provide an explanation

to this Court of why this Appeal could not be deemed frivolous.

D Current Attempt to Appeal

Appellant had a Courier deliver (“Exhibit 3”)4 Motion to Proceed on

Appeal in Forma Pauperis, using the Court’s preprinted Motion with Affidavit

2
See Stegeman v State Appeal No.: 07-13540-BB
3
See Stegeman v Superior Court Appeal No. 08-16174-CC
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Receipt for Courier Service showing destinations, the date, time of delivery, etc.
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showing the Court meritorious ground for his Motion to be granted “Exhibit 4”.5

The following day, Appellant’s copy was delivered back in the mail. The

Copy he received back, rather than being stamped as “Filed”, the Motion was

stamped “Received”, see Exhibit 4.6 Appellant attempted to call the Clerk to

inquire about the problem, but only received the clerk’s voicemail.

The following day, Pacer website for the Eleventh Cir. showed that the

Motion had been filed, on August 30, 2010 “Exhibit 4”; Appellant gave it no more

thought. Next thing Appellant knows he gets a letter that either the Motion for In

Forma Pauperis has to be filed, or the costs for the Appeal paid to the District

Court. Appellant is resending the Motion, Affidavit, and supplemental pleading in

support of Appellant’s Motion to proceed in forma pauperis, see “Exhibit 3”.

Apparently, the Clerks have decided to hinder and tamper with every Appeal

that Appellant has attempted to file with this Court; beginning with his attempt to

Appeal this case from District Court in 20097.

Although Appellant had couriered to the Court, the Motion and Affidavit for

Forma Pauperis, which included all the required documents, and the Certificate of
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NOTE: The Original, Certified Denial from the District Court was attached to
the Motion to Proceed on Appeal In Forma Pauperis that was hand-delivered by
the Courier; what the Clerk has done with what was sent, is anybody’s guess.
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The entire Motion, with Exhibits is attached hereto as Exhibit 4; rather than
include it is part of the current Motion(s), Appellant has it attached as an Exhibit,
just in case the Clerk has a tendency to get confused.
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See Exhibit 2 attached to Exhibit 4, which is the letters from the Clerk had sent
blocking the Appeal.
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Interested Persons, the Clerk sent Appellant the following letter “Exhibit 5” ,

stating that Appellant had not filed the Motion and Affidavit, and/or had not paid

the filing fee for the Appeal to the District Court.

The clerk’s letter clearly states that within fourteen days, Appellant must

comply or his Appeal will again be dismissed, just like the last time he attempted

to Appeal, but was blocked by the Clerk.

CONCLUSION

Should the Clerks continue blocking Appellant and refusing to file his

documents, claiming that there was something missing, when he is positive nothing

was missing, and when the courier also saw what was being delivered to the Court,

and signed a documents saying as much; Appellant will have no other choice than

to either file for a Writ of Mandamus, or attempt a Direct Appeal to the US

Supreme Court.

REQUEST FOR RELIEF

Appellant has complied with the whims of this Court’s Clerks, and moves

the Court for an Order directing the Clerk to cease tampering with and hindering

his attempts to Appeal. Appellant further moves the Court for an Expedited

Ruling on this matter, rather than have further delays.

Respectfully submitted this 16th day of September, 2010,

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BY: ___________________________
JAMES B. STEGEMAN, Pro Se
821 Sheppard Rd.
Stone Mountain, GA 30083
(404) 300-9782

CERTIFICATE OF SERVICE

I Certify that I have this 16th day of September, 2010 served a true and

correct copy of the foregoing Emergency Motion for the Court to Direct the

Clerks to Cease Hindering Appellant’s Attempt to Appeal, and For Expedited

Review of Appellant’s Motion for Leave to Appeal in Forma Pauperis upon

Defendants/Appellees, through their attorneys on record by causing to be deposited

with the U.S.P.S., First Class Mail, proper postage affixed thereto, addressed as

follows:

Daniel S. Reinhardt Devon Orland


Troutman Sanders, LLP State of Georgia Dept. of Law
Bank of America Plaza – Suite 5200 40 Capitol Square, S.W.
600 Peachtree Street, NE Atlanta, GA 30334-1300
Atlanta, GA 30308-2216

_______________________________
JAMES B. STEGEMAN, Pro Se
821 Sheppard Rd
Stone Mountain, GA 30083
(404) 300-9782

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