Federal District Court Judge, Benjamin Settle, in a 7-page ruling, dismissed Scheidler’s lawsuit against Kitsap County Superior Court Judge Kevin Hull and Washington State Representatives Jesse Young, Michelle Caldier and Senator Jan Angel. According to Judge Settle, these public servants are “immune from suit” and no fact can bring them before a jury.
This comes as no surprise to Scheidler. According to Scheidler, Judge Settle overruled a jury verdict that awarded Clyde Spencer $9 Million. The jury found that Clyde Spencer was convicted because a police officer ‘fabricated evidence’ that put him in prison for nearly 20-years. According to Judge Settle, the police officer did nothing wrong because the police officer ‘believed Spencer was guilty’ and therefore her intentions to ‘fabricate evidence’ was justified.
Scheidler appealed Judge Settle’s dismissal to the US 9th Circuit Court of Appeals. In like fashion, a 3-judge panel, in a one and one-half page ‘memorandum’, upheld Judge Settle’s dismissal based upon “judicial immunity” and “legislative immunity”. This means none of these Washington State public servants can be sued — they are immune from suit.
Scheidler alleges Judge Hull violated the laws that apply to judges when Hull imposed a $119,373.23 sanction on Scheidler in retribution for filing a Washington State Bar grievance against Hull’s bar colleague, Scott Ellerby. When Hull’s unlawful conduct was reported to the Washington State Attorney general, the Commission on Judicial Conduct, and his legislators, they did nothing despite their constitutional duty to protect Scheidler from judicial misconduct. Said another way, Jan Angel, Michelle Caldier and Jesse Young aid and abet Hull’s violations of law when their duty is to report Hull to the full house.
“We have a right to expect honest services from our public servants and not be punished for reporting government corruption by the very public servants we report … governments derive their just powers by the consent of the governed, as Article 1, section 1 clearly states. When government determines the scope of their own authority, without the consent of the people, we are all at grave risk by unaccountable people whose only ambition is to increase their own power and wealth — just like these judges and legislators are doing”.
Scheidler is asking the full court to reconsider the ruling by the 3-judge panel. Scheidler claims Washington’s constitution “prohibits granting immunity” (Article 1, sections 8, 12, and 28), and prohibits “legalizing the unauthorized act of any official” (Article 2, section 28(12). Scheidler also argues Washington’s constitution prohibits judges from “limiting his lawsuit” (Article 2, section 28(17) or “abridging his right of petition” (Article 1, section 4), or obstructing the “people’s powers” as they exercise through a “jury” (Article 1, sections 1 and 21).
These are issues of fact (which is a jury matter), and issues of first impression, which require a full hearing not dismissal. An issue of ‘first impression’ means no judge has looked at Washington’s constitution in relation to the “immunity” the judges bestow upon their colleagues in public office. This too, according to Scheidler, collides with federal laws, which he describes as judges-judging-judges regarding the powers judges claim for themselves. According to Scheidler, when judges act unilaterally to dismiss a lawsuit based upon their own claim of power, those acts are then reviewed by other judges. Under 28 USC 455 a judge, justice or magistrate judge must “disqualify themselves” due to bias and conflict concerning the matter before them. Scheidler claims judges-judging-judges, by its very description, means judges are ruling on matters that concern the powers of judges, and therefore, they should all disqualify for bias and fiduciary (or other) conflict of interest. But they don’t disqualify, they engage in a quid-pro-quo scheme to increase the powers of judges. Scheidler says that judges-judging-judges is a fraud upon society perpetrated by judges for the purpose of grabbing more power for themselves. Ask yourself, what do the words “all power is in the people” mean if judges-judge themselves and decide their own power? It is a fraud and it is apparent on its face.
Scheidler’s full petition for en banc review can be downloaded here> dkt 32 petition for en banc