THE EVOLUTION OF JUDICIAL TYRANNY IN THE UNITED STATES:

"If the judges interpret the laws themselves, and suffer none else to interpret, they may easily make, of the laws, [a shredded] shipman's hose!" - King James I of England, around 1616.

“No class of the community ought to be allowed freer scope in the expression or publication of opinions as to the capacity, impartiality or integrity of judges than members of the bar. They have the best opportunities of observing and forming a correct judgment. They are in constant attendance on the courts. Hundreds of those who are called on to vote never enter a court-house, or if they do, it is only at intervals as jurors, witnesses or parties. To say that an attorney can only act or speak on this subject under liability to be called to account and to be deprived of his profession and livelihood by the very judge or judges whom he may consider it his duty to attack and expose, is a position too monstrous to be entertained for a moment under our present system,” Justice Sharwood in Ex Parte Steinman and Hensel, 95 Pa 220, 238-39 (1880).

“This case illustrates to me the serious consequences to the Bar itself of not affording the full protections of the First Amendment to its applicants for admission. For this record shows that [the rejected attorney candidate] has many of the qualities that are needed in the American Bar. It shows not only that [the rejected attorney candidate] has followed a high moral, ethical and patriotic course in all of the activities of his life, but also that he combines these more common virtues with the uncommon virtue of courage to stand by his principles at any cost.

It is such men as these who have most greatly honored the profession of the law. The legal profession will lose much of its nobility and its glory if it is not constantly replenished with lawyers like these. To force the Bar to become a group of thoroughly orthodox, time-serving, government-fearing individuals is to humiliate and degrade it.” In Re Anastaplo, 18 Ill. 2d 182, 163 N.E.2d 429 (1959), cert. granted, 362 U.S. 968 (1960), affirmed over strong dissent, 366 U.S. 82 (1961), Justice Black, Chief Justice Douglas and Justice Brennan, dissenting.

" I do not believe that the practice of law is a "privilege" which empowers Government to deny lawyers their constitutional rights. The mere fact that a lawyer has important responsibilities in society does not require or even permit the State to deprive him of those protections of freedom set out in the Bill of Rights for the precise purpose of insuring the independence of the individual against the Government and those acting for the Government”. Lathrop v Donohue, 367 US 820 (1961), Justice Black, dissenting.

"The legal profession must take great care not to emulate the many occupational groups that have managed to convert licensure from a sharp weapon of public defense into blunt instrument of self-enrichment". Walter Gellhorn, "The Abuse of Occupational Licensing", University of Chicago Law Review, Volume 44 Issue 1, September of 1976.

“Because the law requires that judges no matter how corrupt, who do not act in the clear absence of jurisdiction while performing a judicial act, are immune from suit, former Judge Ciavarella will escape liability for the vast majority of his conduct in this action. This is, to be sure, against the popular will, but it is the very oath which he is alleged to have so indecently, cavalierly, baselessly and willfully violated for personal gain that requires this Court to find him immune from suit”, District Judge A. Richard Caputo in H.T., et al, v. Ciavarella, Jr, et al, Case No. 3:09-cv-00286-ARC in the U.S. District Court for the Middle District of Pennsylvania, Document 336, page 18, November 20, 2009. This is about judges who were sentencing kids to juvenile detention for kickbacks.


Wednesday, October 14, 2026

Conley v Delco Jail: a WRONGFUL DEATH of a 22-year-old girl lawsuit for MEDICAL NEGLECT. A PREVENTABLE DEATH

This is a quick summary for you made by AI of the first lawsuit on my 33-lawsuit list of open lawsuits against Delaware County (NY) and its Board of Supervisors.   I am sick, Miller has hounded me to the point of high blood pressure, I cannot do any work.  So, I am laying down in bed and talking to AI.  And DOES she deliver!

As to this one - I can be a witness for the plaintiff.  I have personal knowledge of medical neglect of multiple people in Delaware County jail, when I was an attorney visiting them.  This is NOT an isolated episode.  I do not have to disclose names of clients or private details.  I may also testify about what I saw.


Case File 01.  Conley v. Delaware County et al.

No. 9:25-cv-01558-AMN-MJK — Northern District of New York

Based on the 43-page complaint (Dkt. 1) and PACER docket report through October 14, 2026 (Dkt. 43).

1. Nature of the action

This is a federal civil-rights, medical malpractice, and wrongful-death action arising from the death of Aliza M. Oliver, age 22, in the Delaware County Correctional Facility on November 5, 2024.

Her father, Garret C. Conley, brought the action as administrator of her estate on November 4, 2025.

The complaint alleges that Oliver died from severe dehydration following several days of vomiting and diarrhea associated with opioid withdrawal.  It alleges that correctional and medical personnel repeatedly ignored her requests for hospitalization, failed to provide appropriate medical treatment, and allowed her condition to deteriorate until she died.

The complaint seeks compensatory damages, punitive damages, attorney fees, interest, and a jury trial.  No specific dollar amount is demanded.

The case remains open. The available docket shows that the pleadings have been answered, Sheriff Craig S. DuMond has been dismissed by stipulation, discovery is underway, and the case has been referred to mandatory mediation.

2. Parties and legal representation

Party

Role

Garret C. Conley

Plaintiff, administrator of Oliver's estate

Delaware County

Municipal defendant

Craig S. DuMond

Sheriff; dismissed March 17, 2026

Gregg Kujawski, N.P.

Contracted medical provider

Ira Fyfe, R.N.

Head nurse

Rosemary Balcom, L.P.N.

Jail nurse

Bethany Brinkerhoff, R.N.

Jail nurse

Mario Blincoe

Corrections sergeant

Joanne Yager

Corrections corporal

Elizabeth Cherry

Correction officer

Makayla Hunter

Correction officer

Katie Baug

Correction officer

Phelicia Quigley

Correction officer

Does 1–10

Unidentified defendants

Plaintiff's attorneys: James C. Knox and Alishah E. Bhimani, Hacker Murphy LLP.

County's attorneys: Brian S. Sokoloff, Sokoloff Stern LLP, joined by Frank W. Miller, Hancock Estabrook LLP, on October 5, 2026.

Other defendants have separate representation, including attorneys from Burke, Scolamiero Law Firm; O'Connor, O'Connor, Bresee & First; and Cook, Kurtz & Murphy.

3. Events preceding Oliver's incarceration

According to Complaint ¶¶ 1–8 and 42–48:

Oliver had entered a guilty plea to a drug-possession felony to participate in Schoharie County Drug Court.  After relapsing, she missed a court appearance and a warrant was issued.

She contacted her father, who brought her to the Schoharie County Sheriff's Office to surrender.

The complaint places her initial custody around October 31–November 1, 2024.

Schoharie County Jail personnel screened her and identified opioid dependence and the risk of withdrawal.  The medical records reportedly emphasized the need to prevent dehydration.

Because Schoharie County Jail did not have a women's housing unit, Oliver was transferred to Delaware County Correctional Facility on November 1, 2024.

The transfer paperwork reportedly included warnings concerning her withdrawal symptoms and the importance of hydration.

4. November 1, 2024 — Arrival at Delaware County Jail

The complaint alleges that Oliver was placed in Housing Unit D, Cell 7, a medical housing unit requiring checks every 15 minutes.

At approximately 11 p.m., nurse Bethany Brinkerhoff evaluated her and documented opioid-use disorder.

Oliver requested participation in medication-assisted treatment.

The complaint alleges that detoxification protocols were not initiated immediately, despite the information accompanying her transfer.

Nurse practitioner Gregg Kujawski allegedly directed that she receive medical evaluation every 48 hours. According to the complaint, Kujawski never personally examined Oliver during her confinement.

5. November 2, 2024 — Symptoms worsen

By November 2, Oliver was reportedly experiencing persistent vomiting, diarrhea, weakness, and dehydration.

She submitted a written request for assistance with withdrawal from heroin, fentanyl, and benzodiazepines.

Other inmates observed that she appeared seriously ill. One helped her telephone her parents to obtain drinks through commissary purchases.

The complaint alleges that she repeatedly requested hospital treatment.

At approximately 10 p.m., nurse Rosemary Balcom evaluated her and contacted Kujawski. Withdrawal-treatment protocols were then ordered, approximately 24 hours after her arrival.

Oliver's cell had become contaminated with vomit and diarrhea. According to the complaint, correction officers initially refused to clean it, and neighboring inmates eventually assisted.

6. November 3, 2024 — Persistent vomiting and medical deterioration

The complaint describes repeated reports of vomiting, diarrhea, weakness, and inability to retain fluids.

At approximately 8 a.m., Balcom recorded Oliver's weakness and difficulty walking.

Kujawski reportedly ordered Gatorade.

By the afternoon and evening, Oliver's vomit was described as dark brown or resembling coffee grounds.

At approximately 6:15 p.m., Balcom contacted Kujawski concerning projectile vomiting.

Kujawski allegedly ordered that Oliver receive nothing by mouth for three hours, followed by attempts to administer Gatorade if vomiting stopped. The complaint alleges that these instructions were repeated despite continuing vomiting.

No emergency hospital transfer was ordered.

The complaint also describes neighboring inmates attempting to provide Oliver with fluids and requesting medical assistance on her behalf.

7. November 4, 2024 — Collapse and requests for hospitalization

This is one of the most significant portions of the complaint.

During the morning medication round, Head Nurse Ira Fyfe allegedly observed Oliver struggling to stand.

Oliver said she felt as though she would pass out and collapsed.

According to the complaint, Fyfe documented that she was pretending to be unresponsive and splashed water on her face.

Corporal Joanne Yager allegedly witnessed the incident.

The complaint states that Oliver was returned to her cell and did not receive another medical evaluation for approximately 14 hours.

During the day, she reportedly became so weak that she crawled on the floor. Her vomit had become black and reportedly smelled like feces.

At approximately 8 p.m., Brinkerhoff recorded Oliver's request for hospitalization and intravenous fluids.

The complaint quotes Oliver as warning:

“if I die its [sic] on you”

Complaint ¶ 133, p. 19.

Complaint.pdf

She was returned to her cell without hospitalization.

8. November 5, 2024 — Oliver's death

The complaint provides a detailed chronology of the final hours.

Time

Alleged event

7:14 a.m.

Oliver recorded as refusing breakfast

7:29–8:13 a.m.

Officers record her condition as satisfactory

Approximately 8 a.m.

Oliver repeatedly falls during attempted medical assessment

11:20 a.m.

Yager records another welfare check

11:25 a.m.

Yager reportedly kicks the cell door seeking a response

11:59 a.m.–12:14 p.m.

Blincoe records further checks describing Oliver as “ok”

1:15 p.m.

Oliver reportedly unresponsive

Approximately 1:25 p.m.

Balcom and Baug enter her cell

Approximately 1:27 p.m.

Code Blue called

1:33 p.m.

Emergency medical services called

1:45 p.m.

EMS arrives

2:07 p.m.

Oliver pronounced dead

According to the complaint, the autopsy identified complications of hypernatremic dehydration following days of vomiting and diarrhea as the cause of death.

The complaint also alleges that the New York Attorney General's investigation obtained statements from at least ten neighboring inmates who described Oliver's deteriorating condition and repeated requests for assistance.

Complaint.pdf

9. The ten causes of action

The complaint asserts ten causes of action:

No.

Cause of action

Defendants

1

§ 1983 — Deliberate indifference to serious medical needs

Medical and correctional personnel

2

§ 1983 — Municipal and supervisory liability under Monell

Delaware County, DuMond, Fyfe

3

§ 1983 — Failure to intervene

All individual defendants

4

Wrongful death — Medical malpractice

Kujawski, Fyfe, Balcom, Brinkerhoff

5

Negligence

All defendants

6

Gross negligence

All defendants

7

Wrongful death

Nonmedical defendants

8

Respondeat superior

County and specified supervisors

9

Conscious pain and suffering — EPTL § 11-3.2(b)

All defendants

10

Intentional infliction of emotional distress

All defendants

The most important municipal liability allegations appear in Complaint ¶¶ 209–237.

The plaintiff alleges that the County maintained policies or customs involving inadequate opioid-withdrawal treatment, deficient emergency-response procedures, failures to train staff, and inadequate documentation of inmate medical complaints.

The complaint identifies earlier incidents involving Jerry O'Dell, Chad Ostrander, William Polhamus, and Taylor Angell to support its allegations of a recurring pattern and prior notice to the County.

These are pleaded allegations; the uploaded docket does not contain findings adjudicating their truth.

10. Procedural history — November 2025 through October 2026

The following chronology is drawn from the uploaded PACER docket, which ends with Docket No. 43.

Date

Docket

Event

Nov. 4, 2025

1

Complaint and jury demand filed

Nov. 5, 2025

2–3

Summonses issued; initial scheduling order

Dec. 11–23, 2025

4–14

Affidavits of service filed for defendants

Jan. 5, 2026

15

Brian S. Sokoloff appears for Delaware County and DuMond

Jan. 23, 2026

—

Magistrate Judge Katz notes expiration of answer deadlines and directs a status report

Jan. 28, 2026

18–19

Plaintiff files status report; County and DuMond request an extension

Jan. 30, 2026

20

Court grants extension to February 13 and adjourns Rule 16 conference

Feb. 13, 2026

22

Several defendants request additional time

Feb. 17, 2026

23

Court extends answer deadline to February 20

Feb. 20, 2026

24–27

Answers filed; DuMond files motion to dismiss; Yager files answer and crossclaims

Feb. 26, 2026

28

Plaintiff requests Rule 16 scheduling

Mar. 2, 2026

29

Yager files amended answer

Mar. 10, 2026

30

Stipulation submitted dismissing DuMond

Mar. 17, 2026

31

Court enters stipulated dismissal of DuMond only

Apr. 17, 2026

32

Civil Case Management Plan filed

Apr. 24, 2026

33–34

Initial conference, scheduling order, and mandatory mediation referral

June 17, 2026

35

Parties select mediator Daniel Cavarello

June 18, 2026

36

Court approves mediator selection

July–Aug. 2026

37–42

Counsel substitutions and related orders

Oct. 5, 2026

43

Frank W. Miller appears for Delaware County

11. The answer deadlines and extensions

An unusual early procedural feature is the County's failure to respond within the original deadline.

On January 23, 2026, Magistrate Judge Katz observed that the answer deadlines for all defendants had expired and directed plaintiff's counsel to submit a status report.

On January 28, Brian S. Sokoloff requested additional time for Delaware County and DuMond to answer or otherwise respond.

On January 30, the court granted an extension through February 13, 2026.

Further extensions followed, and on February 17 the court extended the deadline for multiple defendants to February 20.

The County ultimately filed its answer on February 20, 2026, Docket No. 24.

The docket records extensions granted by the court. It does not show an entered default judgment against the County.

12. DuMond's motion to dismiss and stipulated dismissal

This is a particularly important procedural episode.

On February 20, 2026, Sheriff Craig S. DuMond filed Docket No. 26, a motion to dismiss for failure to state a claim under Rule 12(b)(6).

The motion was supported by a memorandum of law.

The docket originally set March 13, 2026 as the response deadline and March 20 as the reply deadline.

However, before that motion was adjudicated:

  • March 10, 2026 — Dkt. 30: Plaintiff submitted a stipulation dismissing DuMond only.
  • March 17, 2026 — Dkt. 31: Judge Nardacci signed the stipulation and order dismissing DuMond.

The docket identifies the dismissal as applying solely to DuMond. The other defendants, including Delaware County, remained in the litigation.

The docket does not disclose the terms of any negotiations leading to DuMond's dismissal, or whether any consideration was exchanged. Nor does it contain a judicial determination of the allegations against him.

13. Crossclaims among defendants

On February 20, 2026, Corporal Joanne Yager filed an answer asserting crossclaims against Rosemary Balcom, Bethany Brinkerhoff, Ira Fyfe, and Gregg Kujawski.

On March 2, Yager filed an amended answer.

At the April 24 Rule 16 conference, her counsel advised the court that the crossclaims were no longer being pursued.

The docket's party listing also records termination of the crossclaim parties as of March 2.

The precise allegations and grounds for withdrawal require examination of Yager's original and amended answers, Docket Nos. 27 and 29.

14. Discovery and mandatory mediation

On April 24, 2026, Magistrate Judge Katz held a Rule 16 initial conference.

The court recorded that the parties had exchanged mandatory disclosures, with certain defendants still completing theirs.

The court also referred the case to mandatory mediation.

The scheduling order established the following deadlines:

Event

Deadline

Plaintiff's expert disclosures

January 29, 2027

Defendants' expert disclosures

March 15, 2027

Rebuttal expert disclosures

March 31, 2027

Discovery cutoff

April 30, 2027

Non-dispositive motions

May 28, 2027

Dispositive motions

July 30, 2027

Mandatory mediation completion

February 26, 2027

The court estimated a trial lasting five to eight days, with Albany identified as the preferred trial location.

On June 17, the parties selected Daniel Cavarello as mediator. The court approved that selection on June 18.

No mediation outcome appears in the supplied docket.

15. Defense counsel and representation expenses

The docket identifies multiple law firms representing the County and individual defendants.

Law firm

Attorneys identified

Representation

Sokoloff Stern LLP

Brian S. Sokoloff

Delaware County; formerly DuMond

Hancock Estabrook LLP

Frank W. Miller

Delaware County, appearance October 5, 2026

Burke, Scolamiero Law Firm

Judith B. Aumand; Kevin P. Burke

Several medical defendants

O'Connor, O'Connor, Bresee & First

Aaron M. DePaolo; Emily Phillips

Ira Fyfe

Cook, Kurtz & Murphy, P.C.

Michael T. Cook

Joanne Yager

Hacker Murphy LLP

James C. Knox; Alishah E. Bhimani

Plaintiff

The PACER docket establishes Frank W. Miller's appearance as additional counsel for Delaware County on October 5, 2026, Docket No. 43.

It does not identify the source of payment for each defendant's representation, the insurance arrangements, or the amounts billed.

Those are important subjects for our County legal-expenditure investigation.

16. The significance of the earlier incidents

The Monell claim is broader than Oliver's individual death.

The complaint describes alleged misconduct involving four other inmates between 2022 and 2023 and attributes systemic responsibility to County policymakers.

The pleaded theory is that the County had notice of inadequate medical treatment, especially for inmates experiencing opioid withdrawal, and failed to correct its policies and practices.

The complaint specifically alleges:

  • Inadequate supervision of medical providers.
  • Failure to recognize and treat dehydration and withdrawal emergencies.
  • Failure to provide appropriate hospital transfers.
  • Deficient training of correctional personnel.
  • Improper medical documentation and alleged concealment of complaints.
  • Failure to investigate or correct previously reported problems.

The pleading thus seeks to establish municipal liability through a pattern of conduct, inadequate training and supervision, and deliberate indifference.

And - what is interesting for me personally, NOW I understand why the County and its decades-long litigation counsel Frank Miller were going against me as a ton of bricks with frivolous applications for sanctions and anti-filing injunctions, since about the time this lawsuit was filed.

I am a material witness in this case.

When I practiced law as an attorney, after my involvement as an intern in Prisoners Legal Services of New York for nearly 3 years during law school and handling medical neglect issues there, I was ardent in pursuing medical neglect in Delaware County Jail, Otsego County Jail and Chenango County Jail.

I provided these services to inmates for free, including sometimes free visits to jail to evaluate them visually when they reported physical trauma with no medical help.  I have seen a lot.  I know a lot.  I can testify about a lot.  Delaware County knows it.

It is not the first time when Delaware County tried to discredit my clients or myself or my family members in a potential or ongoing litigation.  I can testify about that pattern to the federal jury in the Conley litigation, too.  I will most definitely report myself as such a witness to the plaintiff's counsel in this case.

And - of course, I will be raising issues of first amendment retaliation against the County now that I realized what exactly the County was doing and why.

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