WHY OUR LEGAL SYSTEM DOESN’T WORK

On March 9, 2022, A disabled couple, Krystle & Kyle Greene, filed an Americans with Disabilities Act (ADA) lawsuit (see 42 U.S.C. §12101-12213) in Federal Court against Meeker County Social Services.

Later, Meeker County Court and the Minnesota Court of Appeals were added after the Greenes proved that the three parties were involved in a fraud against the Greenes.

The evidence prompted Judge Eric Tostrud to dismiss the Greene’s ADA lawsuit stating:

“All claims against Meeker County District Court and the Minnesota Court of Appeals can be addressed together. They are barred by the state’s Eleventh Amendment immunity. “[A] state court is an arm of the state government, which the Eleventh Amendment protects from suit in federal court in all but very limited circumstances.” ….There is nothing to suggest that the limited circumstances allowing a suit to proceed against a state in federal court are present here. See Portz v. St. Cloud State Univ., 297 F. Supp. 3d 929, 937–38 (D. Minn. 2018) (“The Eleventh Amendment bars suit against state governments brought in federal court unless the state has clearly and unequivocally waived its immunity, or Congress has abrogated the states’ Eleventh Amendment immunity with respect to that particular cause of action.”) (citations omitted). All claims against the Meeker County District Court and the Minnesota Court of Appeals are therefore futile.

Greene v. Meeker County Social Services et al., 22-CV-291 (emphasis added)

Notice Judge Tostrud sees the ADA as “futile”?

Ultimately, the guarantee of our rights is no stronger than the integrity and fairness of the judge to whom the trial is entrusted. Bracy v. Gramley, 81 F.3d 684, 703 (7th Cir. 1996) (dissent), reversed, 520 U.S. 899, 117 S.Ct. 1793, 138 L.Ed.2nd 97 (1997).

However, Congress did abrogate a State’s Eleventh Amendment immunity for violating the ADA when it enacted 42 U.S.C. 12202.

A State shall not be immune under the Eleventh Amendment to the Constitution of the United States from an action in a Federal or State court of competent jurisdiction for a violation of this chapter. In any action against a State for a violation of the requirements of this chapter, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State.

Eric Tostrud’s incompetence, inability to read, and unwillingness to follow/apply the appropriate legal principles enacted by Congress speak volumes about his ability to remain a U.S. District judge. His order also violates his 28 U.S.C. 453 oath of office.

Each justice or judge of the United States shall take the following oath or affirmation before performing the duties of his office: “I, ___ ___, do solemnly swear (or affirm) that I will administer justice without respect to persons and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as ___ under the Constitution and laws of the United States. So help me God.”

On December 29, 2022, The Greenes wrote a letter to Congresswoman Michelle Fischbach, asking her to bring a Bill of Impeachment against United States District Judge Eric C. Tostrud for dismissing the ADA as “futile.”

This letter was addressed to Fischbach’s Willmar, Moorhead, and Washington D.C. offices as listed on her website.

Willmar and Moorhead ignored us. However, Fischbach’s Washington D.C. office called to inform us they received our letter regarding federal Judge Eric C. Tostrud and that this issue is “not part of her purview.”

Obviously, reading comprehension isn’t a requirement for Congressional staffers.

“The House of Representatives... shall have the sole power of impeachment.”

U.S. Constitution Art. 1 sec. 2

What would be the measure of a right whose transgression carried no penalty? It would look more like a hope or a request than a guarantee. Bandes, Reinventing Bivens:

The Self-Executing Constitution, 68 So. Cal. L. Rev. 289, 306 (Jan. 1995).

It’s time Minnesota’s 7th Congressional district voters to vote Michelle Fischbach OUT OF OFFICE. Protect yourselves, your loved ones, and if you work in the healthcare field, your clients and careers.