There are four reasons why I'm sure the hydrogen sulfide from the privy pit
adversely affected me:
1.) when I moved into my condo I was walking all over for enjoyment and
exercise. But as I lived in the hydrogen sulfide I was unable to walk in a straight
line. When I was walking on the narrow streets by the Santa Fe Plaza, I bumped
into the building on one side of the sidewalk, then the parking meter on the
otther as I zigzagged along. Also, my feet often went numb so that I felt as if
they had not touched the ground and I was falling. My arms would flail as I tried
to catch my balance, only I wasn't really falling, it just felt like it. So I must have
looked crazy. (For part of the time I kept a Time Line.) By the time I moved
from the condo I could only walk with something to hold onto, like a shopping
cart at the grocery or Wal*Mart. Since I moved out of the condo, this aspect
2.) I began to fall a lot. When I fell on the stairs at the state district court house,
I grabbed for the rail and broke my fall. From then on I used elevators. I also
stopped using sleep medication because of the danger of it affecting my balance
3.) My chest hurt a lot and, thinking it was my heart, I took the 81 mg aspirin.
But heart tests didn't show a heart problem. When I went to the doctor after the
privy pit was being excavated, she pushed on my chest and it was painful. She
said that the soft tissue around my sternum was swollen from the hydrogen
sulfide and that was what was causing the pain. She also noted that my gums
were puffy and bleeding and she said it was most likely the blood which
accounted for the metallic taste I was complaining of. She gave me a week's
worth of Celebrex samples and I could see my ankles become less swollen as I
took the tablets. At the same time my chest began to hurt less and when I was
no longer exposed to the hydrogen sulfide these issues resolved. Not only that,
the prolapse I had while living in the hydrogen sulfide has now gone completely.
4.) I was having trouble breathing and in the early morning I was wheezing so
loudly it woke me. Because hydrogen sulfide is heavier than air, when I was
lying in bed my head was in more hydrogen sulfide than when I was up, so that
was the worst time with the most wheezing. When I went places in my car, it
seemed as if I was gasping for air, which I thought was from my heart not
working right. This went away when I moved from my condo into a hotel
during excavation. It had also gone away when I went to my friend's in
Colorado while my condo was closed up prior to the air tests.
So, when I had trouble remembering (I gave up reading for pleasure because I
could not remember characters or what had happened) and had trouble thinking
clearly, the trouble remembering was coming at the same time that the hydrogen
sulfide was affecting my balance and nerves, my soft tissue, and my lungs.
During the two and a half years that I lived in the condo, I went to doctors
repeatedly to try to find out what was wrong, so there is a lot of evidence of the
I am redoing my Pro Se pages to begin with this, rather than with red, white,
and blue pages that look ever so hopeful, when the reality is gray at best.
(But I've changed them again, because every American should have a clue as to
how to go to court for themselves. That is the most important information
contained in my pro se pages, and it should be prominent. I've made this
secondary. I've also changed the background from grey to a sunnier color like
the rest of my site. 3/4/07)
The impact of having lost more than half of my processing speed and half my
working memory is staggering.
I can do things, like these pages, when I have sufficient time... which means a
LOT of time.
Because I am a highly motivated person with considerable perseverance, I do
my pages over and over trying to get them right. The result is that people look at
them and conclude I cannot have brain damage if I have done these pages.
I could not get accommodation of my disability in court, despite the fact that
one judge wrote an Order saying that I appeared incompetent to him and I could
only come to court again if I had a psychiatrist declare that I was competent. I
objected saying that the ADA had provided how I was to be treated and he did
not have jurisdiction to override the ADA. So he didn't file the order. But he still
took a decision against me in my case where I was trying to get an injunction to
keep the condo association directors from spending tens of thousands more on
common area enhancements for their personal enjoyment, while failing and
refusing to repair the common element next to my unit. (I had gotten tetanus
and had not been able to keep up with the legal demands.)
I had tried to get a lawyer prior to being pro se, but just as in the past no lawyer
would take my case. My first experience of not having a lawyer take my case
was when I had not been paid $10,000 in commissions by a trolley company for
which I had sold advertising. The lawyers all told me it just wasn't worth their
time. That if I won, I'd have to give them all the money.
(This should worry everyone, since lawyers are "officers of the court" and their
taking a case is regarded as an indication that there is a meritorious claim of
damages. Equally, when they don't take a case the courts are apt to say there
was no meritorious claim, which is clearly false when the reason they would not
take the case is that they were demanding more money than the person had.)
So in the case of the trolley company I filed a case in state district court, and got
affidavits from everyone I'd sold advertising to, for which I had not been paid,
and I filed them. I thought the court would read them when it came to my case,
and that then it would decided in my favor. But that isn't how it works, so that
money was totally lost.
Then, I became a Realtor because I thought my commissions would be better
protected in that area of work. But just when I was finally having success, in
fact, it was the very first time that I had a commission that I didn't owe to
people who had supported me in getting started in real estate, the IRS levied for
a year I'd already paid, and that was the beginning of the end.
IRS levied me three times, once without notice, and when I called lawyers they
would not take my case because IRS had my money and I did not have what
they required for a retainer.
I called all the legal aid places, and none would take my case. They said they
were disallowed from taking IRS cases.
Years later, Donald Skadden, American Tax Policy Institute, sent me a list of all
these same places, saying that I should call them for help, that people shouldn't
have as much trouble as I was having.
Perhaps he believed not only that people should not, but that they were not. The
fact, however, was that when I finally learned about free food places, I met
many other people who had been put out of business by IRS much as I had
been, by the charging of exorbitant penalties and interest and the complete
refusal by IRS to correct IRS errors.
So, it is absolutely essential that Americans have the right to go to court pro se
because of the extreme difficulty in finding a lawyer who will take a case.
I don't mean simply the Constitutional right, but rather the real, effective right,
and with it the right to be heard. (I guess that is the basic, Constitutional right.)
The dilemma I have is that as a pro se person seeking justice, the judges tend to
view me as having an inferior case if I do not have a lawyer.
Perhaps, given what the OJ Simpson, Robert Blake and Michael Jackson trials
have shown us, the fact is that justice has become a yardstick of wealth and
fame, rather than what is good, or right and proper.
Certainly in the extreme situation I am in now, with the privy pit damaging my
financial well being just as it damaged my nerves, the fact is that I cannot find a
lawyer: many of the top firms have previously worked for the developer, others
say that their staff has family working at the developer's real estate brokerage.
(But others, I think, came to my site and saw that I admitted that I had prior
damage to my health from the low B12. And the fact is, that is true. The thing is
that the hydrogen sulfide did severe additional damage.
And what this shows us about our legal system is that it is based on lies... why
do I say that? Because nothing is entirely one thing. So to refuse a case because
it is not perfectly one thing is pretentious... and therefore, basically a lie.)
Just before I got tetanus (which I only got so severely because of my poverty
and my disability), I wrote a Third Party Complaint in which I showed how the
condo association has liability under the Condominium Act. But the state court
judge said I failed to state a claim upon which relief could be granted, and he
dismissed with prejudice. (not for each of the defendants, only some.)
It is probably worth noting that several years earlier, at the time that I was in
then Chief Justice Minzner's Working Group (which resulted in the Certificate
of Appreciation shown above), a US District Court Magistrate was in the same
working group. My case that came up before him was settled because, I believe,
he saw the value of my case based on the fact that I was in the working group
with him. And at the same time, a case of mine also based on the Condominium
Act, was settled, so clearly there was a cause of action. But this time, when
my mental disablity is far more serious, I am told by the court that there is no
cause of action.
I filed Chapter 13 thereafter, but what hope is there? How can I have a plan, a
viable plan when there is no legal protection for me? How can I go to court
when the court refuses to accommodate my disability and the 10th Circuit
supports the courts?
My feeling, since (when I appealed to the 10th Circuit) the defendants cited a
case which during the course of the action I brought was vacated in favor of the
ADA plaintiff, is that the 10th Circuit didn't take anything more into account
than that I am pro se and they did not want to write their Tennessee v. Lane
opinion in a pro se case.
It is important to realize that I had cognitive dysfunction from low B12 that
began my descent from health and financial stability; but when I tried to sue
those who had caused the damage, the courts allowed such major maneuvering
that I could not get a basic hearing of my case. Besides which, it is important to
realize that the legal system is heavily stacked in favor of the medical profession.
For instance, a person in New Mexico had a veterinarian part used in a
bone/joint replacement and the part failed. But the New Mexico Medical Review
Board decided there was not good enough reason to sue.
I wanted the hospital which failed to diagnose and treat my B12 deficiency to
settle with me for $6,000 so that I would have the money to go on, to overcome
the hardships that I faced as a result of having cognitive dysfunction from the
But no, the lawyers for the hospital and doctors said they felt certain that they
Which simply means that they could see how easily I could be beaten when the
court was saying I must just say things, not read anything I had prepared ahead
of time, and especially given the view taken by the courts of pro se parties.
An additional aspect which drastically reduces the hope any prose party has in
court, is that there seems to be a tendency to form an opinion of the party
distinct from the case presented.
I say this because a man who defrauded me over and over again (which he
could really only do because of my cognitive dysfunction) tried to get my home,
saying that he'd won a hundred thousand dollars in court cases for me, and I
hadn't paid him. That he'd tried to help me, but that I had abused him. It was a
complete lie, just as he'd always lied to me, but the judge said, "I believe you."
So there I was presenting actual evidence, only I was cut short and not allowed
to finish. And the man didn't say, of course, that he called it abuse when I said
he needed to pay me some of what he owed.
(This man, who I discuss at more length on my Angel of Divine Love page, is in
jail in San Miguel County right now, awaiting trail on charges of having written
checks totalling $30,000 on a trust account he set up for a woman - a woman
who does not have brain damage, I might add, and who was able to get the
State Police to help her.)
When I brought the injunction case re the privy pit to this judge, the Honorable
Michael Hall, he said in court to the defendants, "I'll see to it that she pays you
what she owes you." This is before any trial or presentation of facts.
So it was clearly hopeless, and I filed my ADA case against him, which the 10th
Circuit decided in his favor, as I mentioned above.
Hydrogen Sulfide & Prejudice are health boundaries that bite.
|A Discussion of Hydrogen Sulfide and
Prejudice in the Legal Sense
condo which was filled with a low level of hydrogen sulfide.
The combination of these two things gave me a unique perspective.