Pro Se Chicago's Weblog

April 19, 2018

Complaint for mandamus; civil rights relief from incompetent judges


When judges or officials are incompetent, malicious, or plain mean and violate your civil rights there are two other means that the public usually doesn’t realize by which they can obtain relief even during the case. The judge or official must have a mandatory (non-discretionary) duty under the law or constitution to do a particular act, must have failed to do it, and must be able to do it if ordered to do so in order to use a mandamus complaint. Civil rights law is very complicated. Both types of complaints should be handled by an attorney, but as a starting place if you are interested in such complaints then this is an example that was filed by me, a non-attorney pro se. Look up the case law and look up cases regarding mandamus or civil rights in the circuit courts and under your states’ laws.

  1. Mandamus – this is where you ask a court to order an official (including a judge) to perform a task that is mandatory and not discretionary like set a bail when no bail was set in violation of the law – in Illinois no bail is allowed only on murder cases, cases where the sentence may be life, or cases where a due process hearing was held and the defendant is proven to be a danger to the public or himself.
  2. Civil rights complaint for declaratory and injunctive relief. Suppose a court refuses to allow you to put any witnesses on the stand, refuses to allow you to subpoena documents or refuses to accommodate your disabilities, even when you discussed them with the disability coordinator and followed the court procedures. Under the federal civil rights act section 1983 you can ask a different court (either state or federal) under federal law to declare the judge’s acts or orders in violation of law or the constitution (declaratory relief) and order the judge to follow the law and allow you compulsory process or force the judge to accommodate your disabilities (injunctive relief).
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April 13, 2018

2018 U.S. and Illinois criminal law regarding insanity, temporary insanity, fitness, and mental illness


The legal profession from attorneys to judges and police officers are NOT taught sufficiently about the difference between the lay, professional, and legal understanding and interpretation of terms such as insanity, temporary insanity, fitness, and mental illness.

This is a specialized area of law that invades all criminal courts and the misuse of these concepts harm the mentally ill, the disabled, the victims of crimes, the innocent accused, as well as society as a whole.

It is imperative that American courts come to grips with this unfortunate situation as 11% of the population is known to suffer from mental illness and American prisons and jails have become the largest and most inadequate providers of mental health services in America today.

This link will allow you to download a 20 page, two article document that 1st defines these terms in the medical and legal realms, and then, 2nd summarizes in an up to date memorandum of law the laws pertaining to the legal precedent and legal procedural management of issues related to insanity, temporary insanity, fitness, and mental illness in Illinois and U.S. courts. click here for link

I welcome your feedback as well as would welcome pro bono assistance in this matter before the Cook County Courts. Contact me at picepil@aol.com

Please feel free to distribute this document to all attorneys and judges, as well as pro se (self-represented) litigants. I would appreciate a note about where you have distributed it and how well it is received.

Linda Lorincz Shelton, PhD, MD

(Retired disabled physician – neonatology, pediatrics, psychiatry, and pathology/Paralegal, Self-Taught Constitutional Legal Specialist/civil rights activist)

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