Yet another case where Judge Brodie screwed an indigent civil rights plaintiff of her day in court was reported in June of 2017.
In the case Hennsler v DEC decided this month, Judge Brodie had outdone herself in incompetence and arrogant abuse of power against he poor.
An indigent woman asked DEC to approve building a residence on her inherited property in order to generate income to feed her two children.
DEC denied the request.
The woman sued for a constitutional violation.
Judge Brodie tossed out the lawsuit because she found that:
- the woman should have pled more facts (before discovery) indicating how her constitutional rights were violated, while all records related to violations were in possession of DEC, and while Federal Rules of Civil Procedure require notice pleading and not factual pleading - which the judge has no authority to change;
- DEC has "sovereign immunity secured by the 11th Amendment, while, of course,
- 11th Amendment has nothing to do with sovereign immunity - as the U.S. Supreme Court has recognized 18 years ago, of which Judge Brodie is seemingly unaware;
- 11th Amendment, by its text, does not bar lawsuits of citizens of a state against their own state, and the text of the constitutional amendment controls over any incorrect interpretation of that text;
- New York specifically waived sovereign immunity in 1925 through the Court of Claims Act.
- The plaintiff had available to her a "process" of contesting the denial of building permit before the DEC - thus amending the Civil Rights Act and imposing forum choice and exhaustion of administrative remedies requirement upon the plaintiff, for which the judge had no Article III constitutional authority.