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Disability claim: “frivolous issues such as his “vampires and zombies” ” (N.D. Ind.)

February 25, 2014

Last week in Federal Court, Donald Terry Oberloh v. City of Mishawaka, Indiana, et al, Order Adopting Report and Recommendations of Magistrate Judge Christopher A. Nuechterlein, by District Judge James T. Moody of the US District Court for the Northern District of Indiana, Feb.21, 2014:

Magistrate Judge Nuechterlein observed that it is particularly frustrating that “Oberloh’s misconduct has escalated, not diminished, despite efforts by the undersigned, through multiple written orders and three in-court hearings, to ensure that his claims were not prematurely discarded,” (Id. at 2), and that Oberloh’s “misconduct is an abuse of the judicial system itself by requiring the Court to address frivolous issues such as his “vampires and zombies” answer to a legitimate discovery request. His misconduct and the numerous motions that ensued disproportionately and unnecessarily consumed this Court’s time and limited resources.” (Id. at 18.) In this vein the court notes that Oberloh has continued to make a mockery of the proceedings even following Magistrate Judge Nuechterlein’s Report and Recommendation. His most recent frivolous salvo, filed February 14, 2014, is a “Motion That The United States District Court . . . Make The Federal Court House Compliant With The Architectural Barriers Act, In As Far As All Accessability Barriers Of An Architectural Nature.” (DE #122.) This is frivolous because it has nothing to do with Oberloh’s claim against the defendants, and obviously is not a matter for which Oberloh can obtain relief via motion in the present case. The motion will be struck as impertinent.

And from Magistrate Judge Nuechterlein’s recommendation, Jan.13, 2014::

Oberloh’s misconduct is an abuse of the judicial system itself by requiring the Court to address frivolous issues such as his “vampires and zombies” answer to a legitimate discovery request.

Even pro se parties must comply with the Federal Rules of Civil Procedure. See Loubser v. United States, 606 F. Supp. 2d 897, 909 (N.D. Ind. 2009).

So was this plaintiff really just crazy? Or are these Judges blind to his disabilities? Does he have no standing? Or no actual case in controversy? Is he faking it? Or does the court fail to understand the plight of this poor guy? Is he crazy? Does he have a form of Tourette’s? Is he an activist? Or maybe does he really have a claim against the city for failing to keep parking spaces free from vampires and lighting hallways during zombie emergencies when elevators aren’t working? And should he sue the court itself if he wants to complain about the failure of the court facility to be ADA compliant? Is a motion really not enough for a pro se litigant to object to the process? The court blames the plaintiff for not hearing the legal issue, but if he’s really disabled haven’t they entirely missed the point? How is he supposed to enforce his rights under Americans with Disabilities Act? Does he have to wait until he is actually caught in a fire in a city building?

Rather than making specific objections to Magistrate Judge Nuechterlein’s proposed findings, plaintiff Oberloh’s filing is a rambling narrative that consists almost entirely of an attack on the integrity of the court and the personal integrity of Magistrate Judge Nuechterlein and opposing counsel.

Probably the judges got it right, but it’s always hard to say with crazy pro se.

From Magistrate Judge Nuechterlein’s recommendation, Jan.13, 2014::

Oberloh’s misconduct is an abuse of the judicial system itself by requiring the Court to address frivolous issues such as his “vampires and zombies” answer to a legitimate discovery request.

Even pro se parties must comply with the Federal Rules of Civil Procedure. See Loubser v. United States, 606 F. Supp. 2d 897, 909 (N.D. Ind. 2009).

Does FRCP say you can’t believe in vampires or zombies? Read with “retards” can’t those monster words just be slang? Is there really no way to read this complaint in a light favorable to this crazy plaintiff? No. He alleged intentional discrimination but failed to make a legal noise. Now he owes the city’s legals fees. And dismissed with prejudice, the

“nuclear” option

So now it’s up to someone else to get Mishawaka Indiana City compliant with the ADA.

Maybe this is totally off topic but some of these “frivolous” issues are sort of interesting: How fast must a city tow the zombie vehicles out of handicapped spots to be in compliance with providing reasonable accommodations? Even if they are legit handicapped licensed vehicles, if all the designated spots are taken at some specific times, does the city need to create more designated spaces? And if there is a fire in a tall building and the elevators shut down, what are handicapped people supposed to do if they are physically unable to use the stairs? Parachute?

Well for starters, maybe hire a lawyer?

Oberloh vehemently objected to the characterization that his interrogatory answers were flippant and chided defense counsel and the Court stating:

After Mr. Thomason made this accusation that I was being flippant, I served the Court with an explanation. That explanation was, “Just because he doesn’t believe that I’ve seen zombies and vampires” — the question originally was, that he was asking about, on the architectural barrier was, I said — and it’s not even part of my complaint, was that — why do I — why do I think they need to have, as per the ADA, emergency lights on the second floor — excuse me — in an area that — besides the signs and have an area at all where people with disabilities go to in the case of a fire. They cannot use the elevator. It says, “Do not use the elevator.” There, by law, has to be a place designated and with proper signage and lit because of smoke. Now, for the Court or for even the attorney or anyone else to say they don’t believe in something, and maybe society is making fun of zombies and vampires in these recent television shows and movies, doesn’t mean I don’t believe in them, and I believe they exist, and I made that clear to the Court. It’s not flippant. The question was flippant. The answers are, yeah, “Why am I answering this question at all?” Id. at 47-48.

The Court followed-up on this statement to clarify Oberloh’s position.

THE COURT: –you’re saying that that was not flippant because you believe in zombies and vampires and they have something —

MR. OBERLOH: Absolutely.

THE COURT: You do believe in them?

MR. OBERLOH: Yes, I do.

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One Comment
  1. Deborah permalink

    Its really sad his comments were manipulated to fit the needs of big brother. It seems that we quickly forget how many times we were mistreated by those with more power than we have. Donald Oberloh supplied the city with hundreds of photos and years before all of this happened he tried to talk to the Mayor to help. No one will be honest about all that really happened. When a bunch of bullies berate someone and twist their words the rest of us should immediately remember when it happened to us. Why support the “Good Old Boys?”

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