Knight v. Maleng, 9th Cir. No. 00-35625 Web Page
We WON Court of Appeals No. 58250-0!! Reported at 142 Wash. App. 291, 174 P. 3d 1198. Further details at the bottom of Writ of Prohibition Against Contempt Prosecution web page!
Some Practical Advice for Support Contemnors in the State of Washington.
A Way to Walk a Mile in a Noncustodial Parent's Moccasins.
Please check out the litigation listed toward the bottom of the web page Knight v. State Writ of Prohibition Against Contempt Prosecution where I was forced to file a Motion to Modify Commissioner's Decision citing Antipeonage Act because the State of Washington imposed a court order that is a direct violation of the Antipeonage Act, requiring me to maintain at least 30 hours of work per week or make 3 job contacts. Therefore, I display my Brief of Appellant because this is an issue of extreme public importance for which the public should be aware.
My latest Reply Brief of Appellant provides the answers to California's Moss v. Superior Court, the Ninth Circuit's Ballek, and Hawaii's new Child Support Enforcement Agency v. Doe, No. 24457, (Hawaii, December 27, 2005) 109 Hawaii 240, 125 P. 3d. 461, each an obscenity against the Rule of Law.
Petition for Writ of Certiorari to the United States Supreme Court is considered filed as of the date I mailed it, August 8, 2007, within 90 days of June 6, 2007. It is docketed as No. 07-184.
One analogy to illustrate the absurdity of the proposition that choice of employer avoids finding of involuntary servitude is with Washington's Death Penalty statute, RCW 10.95.180(1) grants the condemned a choice: lethal injection or hanging. No one seriously argues that merely because the condemned has a choice in his demise, there is no death penalty. However, California's Moss v. Superior Court, the Ninth Circuit's Ballek, and Hawaii's Doe uses this precise logic: if the peon has a choice of employer, there is no involuntary servitude!
Patently absurd, of course!
For their sponsorship of Michigan Attorney General Mike Cox Sucker's www.paykids.com his Paykids Foundation, boycott the listed sponsors, including Art Van Furniture, Meijer Stores, Michigan State Medical Society (warning, the MSMS website does not like to let you out when you click the back button), SBC Communications, and Michigan Health and Hospital Association and tell them why you are boycotting them! Go to the Michigan Enemies of Freedom Page and read letters by Stan Rains and Terry Lear for more information as to why, and read Domino's Pizza, Inc.'s letter to me in response to my concerns about PayKid's use of Domino's Pizza gift certificates as a prize in their loathsome Billboard contest, which was CANCELLED!!
Not to be outdone, we are announcing our own billboard contest!
C Level Enterprises is to be commended for their courage, unlike Borders, in distributing father Kevin Thompson's book, "Exposing the Corruption in the Massachusetts Family Courts" in the face of Judge Mary McCauley Manzi's court order prohibiting its distribution. More on this at the Massachusetts Enemies of Freedom webpage. FathersUnite.org has a link to this page.
Restraining order overturned on appeal. Book is now available at Lulu.
We now have the Antipeonage Act Website Forum, please click the "Enter my Forum" banner!
This is the Web Page upon which I list the internal links to the briefs and pleadings in the 42 U.S.C. §1983 lawsuit I filed in response to civil contempt proceedings that were brought against me by the King County Prosecutor during the years 2000 and 2001. This lawsuit was filed in the United States District Court for the Western District of Washington, No. C00-151Z.
Here are some free places where you can find published opinions:
Ninth Circuit Opinions in pdf since 1995
Municipal Research and Services Center Search Page for Supreme Court of Washington and Court of Appeals for Washington published opinions.
Adobe website.
for those who need a reader for pdf files. The
pleadings:
Motion and Memorandum for Preliminary Injunction Attention: The United States District Court for the Western District of Washington has since adopted a rule that a motion and its supporting memorandum of law or authorities be combined in one pleading. Also, it has since abolished motions to shorten time.
King County Defendants' Response to Motion for preliminary Injunction pdf file. 255 kb
Reply to King County Defendants' Response to Motion for Preliminary Injunction.
Supplemental Reply to King County Defendants' Response to Motion for Preliminary Injunction
Judge Thomas S. Zilly handed the case off to Magistrate Judge Ricardo S. Martinez, who has since been appointed full Judge of the Western District of Washington after the retirement of Judge Barbara Rothstein. Magistrate Martinez filed a Report and Recommendations, where he was unduly emotional to say the least. It is a pdf file.
So I filed a Plaintiff's Objections to Report and Recommendations.
Judge Zilly adopted the Report and Recommendations and Denied the Motion for Preliminary Injunction.
Not one to waste time, I immediately filed my Motion and Memorandum for Summary Judgment
King County Defendants' Response to Motion for Summary Judgment pdf file 267 kb
Reply to King County Defendants' Response to Motion for Summary Judgment
Again, Judge Zilly handed it off to Magistrate Martinez, who wrote another Report and Recommendations. pdf file
So again, I filed a Second Plaintiff's Objections to Report and Recommendations.
But Judge Zilly entered an Order against me ending the case.
I appealed the decision against me to the Ninth Circuit, No. 00-35625.
Title page to Maleng's Reply Brief, jpeg, and Reply Brief, Adobe Acrobat pdf file. 271 kb
The Ninth Circuit issued an unpublished memorandum finding (Adobe Acrobat pdf file) that the suit was barred by Younger abstention doctrine.
The Petition for Rehearing cited Gibson v. Berryhill. It was denied May 1, 2001.
A Petition for Writ of Certiorari to the United States Supreme Court was filed, No. 00-1808. It was denied on October 1, 2001.
If the back button does not take you there, click Home to go to the Index page of this Antipeonage Act Website, click Enemies for the main Enemies page, click Letters for the Letters page, and click Allies for the Allies page. Or you can use the Antipeonage Act Site Map.
