Professional Documents
Culture Documents
TYRANNY OF INJUSTICE
IN THE U.S.A.
-----------------------------------------------------
It has become necessary to call your attention to the willful failures in civil
rights enforcement, by the EEOC, and to their criminal method used to deprive
myself, and USA Citizens, of due process and the equal protection of law.
When filing my complaint to the EEOC on 1/14/08, I was denied an advisory
of my rights and responsibilities, denied complaint counseling, and denied
alternative dispute resolution (29 CFR 1614.102). Thereafter, when an
investigation was conducted 2½ years later, EEOC Investigator, Andre Susan
Taylor, produced conclusive evidence of reprisal for protected activity; however,
this Investigator acted as judge, jury, and executioner, and arbitrarily
disregarded this admitted evidence, and did advise myself that she will dismiss
my charge, “anyway,” regardless of what her investigation produced. According
to 29 CFR 1614.108(b)(e)(f)(g), this EEOC Investigator has willfully denied
myself alternative dispute resolution, and a prompt, fair, and impartial,
processing of a charge of discrimination. This investigator also intends to deny
my right to a hearing before an administrative judge (29 CFR 1614.109), and
this Investigator is engaged in willful misconduct punishable by authority of 29
CFR 1614.102(a)(6). Wherefore, this is NOT what you have in mind when you
ordered Attorney General, Eric Holder, to RECHARGE Civil Right protections.
Please Take Immediate Action, because we elected you in this position to do so,
and doing so will bring YOU the necessary rewards, needed control, and more
power over this 18 USCA 1951 corruption, racketeering and criminal
extortions, committed under color of official right.
__________________________
Joshua J. Israel
STATE OF MINNESOTA FIRST JUDICIAL DISTRICT
vs. Complaint
This OBJECTION by Plaintiff, Joshua J. Israel, serves as the (21) day “safe-harbor” provision
of Rule 11, requiring notice of an offending paper or contention, and providing opportunity for
Counsel to correct or remove the offending paper. This OBJECTION is brought forth because
the Counsel of Defendant, FEDEX GROUND HOME DELIVERY, has made contentions that
are unwarranted on the evidence, and Defendant’s Motion For A Consolidated Hearing has no
basis in fact for the Court to consider, and to demonstrate, Plaintiff states as follows:
1. On the 23rd day of December, 2010, the Plaintiff received a telephone call from Counsel of
Defendant, Andre J. LaMere, and said Counsel did request an extension of time to file a
2. On the 31st day of December, 2010, Plaintiff received the Appearance of Counsel and the
Court Filings made by Defendant for a MOTION TO DISMISS a motion for summary
and this said summary judgment action was REPLACED with a Summons and Complaint,
on 12/6/2010. Thereafter, the Sheriff service of said Summons and said Complaint, did NOT
4. As a result, Counsel for Defendant used her own resources to discover the existence of the
WITHDRAWN summary judgment action; and now, Counsel for Defendant intends to
dismiss a paper that is Not in the Court Record, that is Not at issue herewith, that was Not
5. On the 31st day of December, 2010, Plaintiff received the additional filing of Defendant to
Consolidate a Hearing for Motion To Dismiss with a Motion of Plaintiff that does Not exist
in the Court record, that was Not served upon the Defendant, and then Defendant’s Counsel
falsely claims that Plaintiff is in violation of the 20 day provision of Rule 56.01.
of Defendant, which falsely claims that Plaintiff was fully advised of the action to dismiss a
7. Since Plaintiff does Deny the aforesaid contentions, the burden of proof is upon Defendant to
produce evidence of the existence of a motion for summary judgment, in this action.
8. Therefore, the only case controversy herewith is the Summons and Complaint, and since
Defendant has failed to serve an Answer upon Plaintiff, a DEFAULT Judgment is the proper
procedure, at the hearing, on 1/27/2011, by authority of the following Civil Practice Rule:
9. To be specific, NO paper for any motion for summary judgment has been served upon the
10. As of the day of this filing, NO Answer to the Complaint has been filed and served upon
Plaintiff, creating a case controversy for discovery, and then trial thereafter.
11. The Defendant’s Motion To Dismiss a non-existent motion for summary judgment has NO
basis in fact, and the Motion To Consolidate Hearings, to a later date and time, is a
12. Wherefore, the Defendant has (21) days from the filing of this Objection to remove or correct
By: _______________________________
Joshua J. Israel / Plaintiff
1/3/2011
Proof Of Service
Plaintiff, Joshua J. Israel certifies that his OBJECTION to the Defendant’s Motions To Dismiss
is served upon Defendant’s Counsel, Andre J. LaMere, at her business address of, 3300 Wells
Fargo Center, 90 South Seventh Street, Minneapolis, MN 55402-4140, by placing same in an
envelope addressed to Counsel, and served by First Class postage through the U. S. Postal
Service, on the 3rd day of January 2011.
_________________________________
STATE OF MINNESOTA FIRST JUDICIAL DISTRICT
vs. Complaint
COMPLAINT
This civil action arises out of the Minnesota Department of Human Rights (MDHR), where
the PLAINTIFF, Joshua J. Israel, did bring a Charge Of Discrimination against the Defendant,
FEDEX GROUND HOME DELIVERY, and where Defendant failed to give notice of its
workplace rules, prior to taking adverse action against Plaintiff; and then, refused to inform
Plaintiff of its true reason for termination. Since Plaintiff has independent evidence of EEOC the
investigation results reported, Plaintiff will set forth pleadings for relief from wrongful discharge
in employment, and to demonstrate that there was no justification for the employment discharge,
PARTIES
13. Plaintiff, Joshua J. Israel, is a Minnesota Resident who resides at the address of P. O. Box
14. Defendant, FEDEX GROUND HOME DELIVERY, is a parcel package courier company,
where its principle place of business is at the address of 5800 12th Ave. East, Shakopee, MN
16. This action arose in Scott County, Minnesota, at the Defendant’s Shakopee, Minnesota,
FACTUAL BACKGROUND
17. Plaintiff filed a CHARGE of DISCRIMINATION with the EEOC (CA-1) against the
Defendant on the 7th day of January, 2008, and the Defendant did enter its Appearance in this
18. When exhausting administrative remedies (CA-4), the MDHR did dismiss this Charge
19. After 18 months of delay, Plaintiff was contacted by EEOC Investigator, Andre Susan Taylor
on 6/8/2010, and during this first investigation interview, on 6/10/2010, the initial evidence
produced by said investigator, was that Plaintiff was not the employee of Defendant.
20. However, during said EEOC investigation, on 6/10/10, Plaintiff produced evidence
demonstrating that the computer system of Defendant was used to complete the employment
and, that (the employee named Wade) reported problems with the background investigation
of Plaintiff that caused a (2) week delay in the training of Plaintiff; and, that Plaintiff has
never met, nor was ever contacted, by anyone from Kelly Services.
22. Thereafter, during the second EEOC investigation interview, on 8/19/2007, EEOC
Investigator, Andre Susan Taylor, produced evidence that the Defendant did deny driver job
assignments to Plaintiff because of a telephone call that Plaintiff participated in, on Friday
10/26/2007, and that Defendant did determine the lengthy telephone call of Plaintiff was so
unprofessional that said telephone call warranted the denial of their driver job assignments,
23. In rebuttal to said Investigator’s findings, Plaintiff brought forth evidence that Defendant,
Chris Costello, allowed the driver-trainees to take personal calls during the training class, and
that Chris Costello did give such permission due to its short notice provided for the re-
schedule of training sessions; and because, Chris Costello’s short notice in re-schedule times
will interfere with the personal schedule and personal appointments of the driver-trainees.
24. In further rebuttal to the EEOC findings, Plaintiff brought forth that he was coerced to
participate in this telephone call because Defendant, did re-schedule the training (3) times,
and Defendant gave only two (2) days prior notice of re-schedule, and that this short notice
did place the FEDEX Training on the exact same day, and time, that the Plaintiff was to
participate in a telephone pre-trial hearing. Moreover, court rules demand that (5) days
call did commence, Plaintiff did advise Administrative Law Judge (ALJ), Thomas F. Phalen,
that Plaintiff was at a place of employment; however, the ALJ only ordered Plaintiff to move
to an isolated location where ambient noise would not be recorded. In addition, Plaintiff did
advise, Defendant, Chris Costello, that the telephone call was a pre-trial hearing before an
Administrative Law judge, and that the ALJ required Plaintiff to move to a quiet location.
26. Moreover, in an additional rebuttal to EEOC findings, Plaintiff brought forth that the
Defendant, Chris Costello, did give permission to Plaintiff to complete the telephone pre-trial
27. Thereafter, in additional rebuttal to the EEOC findings, Plaintiff did produce evidence that
when the ALJ did finally conclude the telephone pre-trial conference, Chris Costello did re-
28. In addition to the EEOC findings, Plaintiff produced evidence that he did report to Chris
Costello for the driver road-test, on Tuesday, 11/30/2007, at 9:30 AM; that Plaintiff did drive
the FEDEX Courier Van through the city streets of Shakopee, MN; and that thereafter,
Plaintiff did drive the FEDEX Courier Van through an obstacle course in Defendant’s
parking lot, and that Plaintiff did pass the Defendant’s road-test.
29. Thereafter, on Tuesday 11/30/10, Plaintiff did produce evidence that Chris Costello did
30. However, on 11/01/2007, after the Owners meeting was held on Wednesday 11/31/2007, the
Defendant changed its mind about the Bloomington driver route assignment, and Chris
Costello refused to assign any available driver route to the Plaintiff, and Defendant refused to
advise Plaintiff of its true reason for refusing any available job assignment, even after
Plaintiff made (12) twelve inquiries during the (8) eight weeks of temporary services.
31. In disregard of her own evidence produced, and in disregard of the rebuttal evidence
produced, EEOC Investigator, Andre Susan Taylor, did inform Plaintiff that his Charge
would still be dismissed (CA-3); however, before the case was dismissed, Plaintiff did
request a hearing before an administrative judge, and did make an audio recording of the
Count 1
(Tort, Wrongful Discharge)
32. To establish a prima facie tort of wrongful discharge, it must be established that Defendant
(1) engaged in an intentional unlawful act to harm the Plaintiff; that (2) Defendant intended
to harm the Plaintiff; that, (3) the unlawful act did cause injury to Plaintiff; and (4) that there
discharge in reprisal for statutorily protected conduct, Plaintiff must establish that (1) he
engaged in statutorily protected conduct, that (2) the employer is aware of the protected
conduct and still took adverse employment action against Plaintiff soon thereafter, and that
there (3) is a casual connection between the protected conduct and the adverse action Bersch
v. Rgnonti & Associates Inc., (MN App.1998) 584 N.W.2d 783, 786; Nelson v. Productive
33. Therefore, the protected conduct of Plaintiff is (1) set forth by the participation of Plaintiff in
a telephone pre-trial hearing before ALJ, Thomas F. Phalen, and the (1) knowledge of
protected activity is established by Plaintiff informing the Defendant that the telephone call
34. The adverse action suffered by Plaintiff is the (2) denial of any driver job assignment, after
Plaintiff did pass his driver road-test, and after being promised a Bloomington, MN route
35. The (3) casual connection between the protected activity and the adverse action is the three
(3)business days soon after Defendant obtained imputed knowledge that the telephone call of
Plaintiff was a pre-trial hearing; and additionally, a casual connection is established by the
one (1)business day after the weekly Owners-Meeting was held by Defendant, on 10/31/10.
36. As a result, when an employer discharges an employee for reasons that contravene a clear
mandate of public policy Phipps v. Clark Oil & Refining Corp., (MN S. Ct. 1987) 408
N.W.2d 569, 570-571, the employee has a cause of action for wrongful discharge, and this
clear mandate of public policy is set forth by the following Minnesota Statute:
37. When Defendant did deny a driver job assignment to Plaintiff, the Defendant intended to
cause harm to Plaintiff, because Defendant was intentionally depriving Plaintiff of wage
earning opportunity (CA-5) and any prospective future employment; and because, Defendant
was deceptively discharging the Plaintiff from employment. In addition, the Defendant did
know that it was causing harm to Plaintiff because Defendant refused to inform the Plaintiff
of its true reason for refusing (8) weeks of wage-earnings to the Plaintiff, in violation of
Count 2
(Ambiguity in Notice and Knowledge Requirements)
38. When denying a driver job assignment to Plaintiff, the Defendant did admit that it denied job
assignments to Plaintiff because the lengthy telephone call that Plaintiff participated in was
39. Since engaging in a telephone pre-trial hearing before an ALJ is not considered misconduct
or unprofessional conduct (by notice in the employee handbook), and since Plaintiff had no
prior notice of any restriction to his telephone calls or notice as to the length of the ALJ
hearing; the sudden assertion of unprofessional conduct by the Defendant is ambiguous, and
suspicious, and any ambiguity or uncertainty in the notice and knowledge requirements is to
be strictly construed against the Defendant St. Louis I. M. & S. Railway Co. v. Blaylock, (Ark.
S. Ct. 1915) 175 S.W. 1170, 1175-1177; therefore, Defendant is without justification for its
40. However, since the Defendant failed to inform Plaintiff that the telephone conference call
was unprofessional conduct; since the Defendant’s Employee Handbook has no provision for
driver-trainee, who answered their telephone calls, suffered the adverse action that Plaintiff
was subjected to, there was no justification for Defendant’s adverse action against Plaintiff;
and as a result, the Defendant has made a clear admission of a material fact that disparate
treatment actions were taken against the Plaintiff, Johnson v. Canadian Pacific Ltd., (MN
41. As a result of the aforesaid wrongful discharge, Plaintiff suffered $5,600.00 in denied wages;
Plaintiff suffered $2,800.00 in personal property losses, and Plaintiff suffered $620.00 in out
of pocket expenses. Since the Defendant’s actions were intentionally egregious, a triple sum
total of punitive damage assessments does bring the total damage claim of Plaintiff to the
42. Furthermore, Plaintiff moves this Court to Subpoena the EEOC Records in this case, and to
Subpoena EEOC Investigator, Andrea Susan Taylor, for verification of her own EEOC
43. Wherefore, Plaintiff does plead with the Court for relief from wrongful discharge that has
By: ________________________________________
Joshua J. Israel / Plaintiff
P. O. Box xxx
xxxxxxxxxxxxxxxxxxxx
Sxxxxxxxx, MN xxxxx
(952) xxx-xxxxx
STATE OF MINNESOTA FIRST JUDICIAL DISTRICT
vs. AFFIDAVIT
STATE OF MINNESOTA )
) SS
COUNTY OF HENNEPIN )
Plaintiff, Joshua J. Israel, have read this document. To the best of my knowledge, information, and belief,
the information contained in this document is well grounded in fact and is warranted by existing law, and
there is no issue of military service as to any of the parties.
I have not been determined by any court in Minnesota, or in any other state to be a frivolous litigant, and I
am not a subject of an Order precluding me from serving or filing this document.
I am not serving this document for any improper purpose, such as to harass the other party, or to cause
delay or needless increase in the cost of litigation, or to commit fraud on the Court.
I understand that if I am not telling the truth, or if I am misleading or deceiving the Court, or if I am
serving this complaint for an improper purpose, the Court can order me to pay money to the other party,
including the reasonable expenses incurred by the other party because of the serving or the filing of this
complaint, court costs, and reasonable attorney fees.
______________________________
Notary Public
U.S. Equal Employment Opportunity Commission
Washington D.C. Chair
Jacqueline A. Berrien
131 M – Street, N.E.
Washington, D.C. 20507,
Phone (202) 663-4900
Date: August 30, 2010
Charge Number: 444-2008-00291
MDHR – FEP Case: 56687
Joshua J. Israel, CHARGING PARTY
vs.
FedEx Ground Home Delivery, RESPONDENT
THESE ARE THE FACTS: after resisting the malevolent misconduct of EEOC officer La Vonne
Williams, in the year 2004, the Minneapolis EEOC office retaliated against myself, and did violate my
venue rights by forwarding EEOC cases to Miami Florida for dismissal (case 265-2004-00316; case 265-
A4-00340; and case 265-2004-00302), and even when I still proved discrimination, these malevolent
EEOC offices suppressed and destroyed evidence favorable to me (Gloria K. Allen; Lillie M. Garrett;
Frederico Costales). Thereafter, in case 26E-2006-00049, the EEOC again suppressed a valid case
containing conclusive evidence that was admitted by the respondent; in addition, in cases 444-2008-
00291 and 846-2008-06943, the EEOC refused to process said cases, for 2 years, and after filing a protest,
EEOC Investigator, Roland C. Adams, rushed to dismiss case 846-2008-06943 without conducting any
investigation or offering Alternative Dispute Resolution (ADR); furthermore, on 8/20/10, EEOC
Investigator, Andre Susan Taylor, did produce admitted and conclusive evidence of reprisal for protected
activity during her investigation; however, she hatefully did address the merits of this conclusive evidence
without the benefit of further investigation, or (ADR); because, the respondent bears the burden of
explanation and rebuttal, and the EEOC is NOT to rebut any of the evidence for the respondent Tommy R.
Beck v. U. S. Dept. of Treasury, EEOC case-01992979, ALJ order-EC900.
So, the KKK doesn’t even need to exist since EEOC, John P. Rowe, is doing exactly what the KKK
would do if the KKK could decide civil rights matters. If there was ever a time of being ashamed to be a
member of the black race, then that time is now; because, the EEOC is guilty of committing a crime
against myself, and against many other Black American Citizens, under 18 USCA 245(b)(5).
_________________________________
Joshua J. Israel
CC:/b.obama
Certified Mail No. 7008 3230 0001 5315 3227
JOSHUA J. ISRAEL
P. O. Box xxx, Sxxxxxx, MN xxxxx
Ph. 952-xxx-xxxx
On date, 8/20/2010, during an investigation interview with EEOC Investigator, Andre Susan
Taylor, I did make my request for MDHR Case #56687 to be heard before an administrative
judge, due to a lack of jurisdiction after the 180 days for investigation having expired, and due to
the complete failure in the equal protections afforded by due process. On 8/21/2010, this hearing
request was placed in the mail, and was received by the EEOC on 8/25/2010 (A-1). Thereafter,
on 8/26/2010, I received the attached dismissal of Case #56687 (A-2); therefore, I must now
send my formal written request to the MDHR, and I must request for my due process rights, and
my opportunity to be heard, is to be had before an administrative judge, by authority of Minn.
Stat. 363A.29(2). In addition to the hearing request, and by authority of 29 CFR 1614.108(g), I
do formally request a copy of the investigative file, in Case #56687.
By: _____________________________
Joshua J. Israel
______________________________
Joshua J. Israel/Charging Party
8/21/2010
iamjoshuaj@aol.com
I have two EEOC Cases that have not been processed by the Minnesota EEOC Office; that have
not had any opportunity for pre-complaint counseling; and most important, that have not had any
opportunity for mediation. In fact, I regret that I am still alive to go through this insane
torturous deprivation, and to be denied the equal protection of the civil right act which many
BLACK PEOPLE were battered, tortured, and killed just trying to bring into existence. Now
after all that blood-shed and torture, we now have Black Female Federal Employees sadistically
violating the constitutional right of other Black People. The Minneapolis, Minnesota EEOC
Office has a hatred for me because I complained to the EEOC Director, in the year 2004. I did
complain because the Minneapolis Office violated my venue rights by transferring three (3) valid
race discrimination cases to Orlando, Florida. Then the Florida office investigators, played the
role of devils advocate for the employer, and they adjudicated the complaint with contempt, bias,
and prejudice as if they were white KKK judges, and then they dismissed the cases, with
prejudice. The case number of my two recent EEOC Cases are as follows Israel v. Fed Ex
Ground Delivery – [ 444-2008-00291 ]; the next one is Israel v. Transway Express Inc., - [ 846-
2008-06943 ]. I try to contact the EEOC office in Minneapolis, but their voice mail system is all
that answers, it’s as if they live in fear, and are afraid to speak to someone in person. So what
happened this time? Did some hateful Black Person destroy these complaint cases?
By: Joshua J. Israel (952) xxx-xxxx, P. O. Box xxx, Sxxxxxxx MN, xxxxx.