Monday, December 11, 2023

The tribal Delaware County (NY) and its County Atty Amy Merklen have finally had their comeuppance in a federal lawsuit against them, asking for actual and punitive damages against many public officials INDIVDIUALLY

 A federal lawsuit has been filed against Delaware County, NY by a local newspaper represented by a powerful legal team, Cornell Law School 1st Amendment Clinic and Albany's legal giant Greenberg & Traurig, for restricting - surprise! - access of journalists to the county employees for news about issues of public concern ("the gag directive").

You may read the text of the Complaint here - highly recommend to read it all, very informative.

I have written extensively on this blog about the retaliative practices of Delaware County and its various public officials, against me, as a citizen journalist (legal blogger).

I am Exhibit 1 of the exact same type of retaliation sued for in the current federal lawsuit - so I am considering an intervention into the lawsuit.

I also have personal knowledge that Merklen is controlling with her illegal "gag directive" interaction of the Delaware County Clerk's office - over the heads of judges presiding in specific cases - with pro se litigants.

That is in regards to records in court cases, since Delaware County Clerk's office is the official custodian of such records, has a duty to transfer certain records to the Appellate Division on appeals, fails to do it timely, therefore, stalls appeals against people the County officials hate (like me and my husband), and refuses to talk about their activities with us sending us to discuss anything about our own court case and records there to Merklen (obviously in accordance with her sued-upon "gag directive").


What was hilarious was that the Delaware County Clerk's office has directed us, after talking to Merklen's office, to file FOIL requests to receive copies of our own court file.


Not Judiciary Law 255 requests, mind, but FOIL requests.  Merklen is completely out of her mind - was never known for competence anyway, which is a valuable, if not the main quality for selection of a Delaware County employee: you must be loyal, stupid, incompetent and immoral, otherwise you won't be able to function and preserve your health in that employment.

Well, when people are stupid, they fail to be aware of their own illegal activities - especially when such activities were condoned for too long.


So - enjoy your reading.


And, here is a link to my previous blog about Merklen, just for you to understand the background of the author of the illegal "gag directive".


BTW - the beauty of the lawsuit is that it is very well researched, backed up with evidence, represented by a powerful legal team, and is asking for ACTUAL damages against all defendants INDIVIDUALLY, as well as PUNITIVE damages and ATTORNEY FEES - which, in the case of Greenberg & Traurig, may be very, very substantial.


And, the insurance policy of Delaware County has an EXCEPTION for coverage of intentional misconduct of county employees, so they will have to pay whatever is agaist them, out of their own pocket, which is very sweet, finally.


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