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Federici v Pignotti et al: Documents are Now Available

March 7, 2011

Some of the documents for Federici v Pignotti et al, as they are considered public records and accessible to all, are now available and have been posted on Harvard’s Berkman Center website, Citizen Media Law.

The document with the judge’s final decision is not available yet and I will add the link to that document when it is, which should be within the next few days, but in the meantime several documents are now available that will give people an idea of what this case is about. Here are the links:

Relevant Documents:

Alternatively if these links do not work for you, go to Citizen Media Law’s website at:
Scroll down to Relevant Documents and just click on the links to download the PDF files.
At this point I have chosen to let these documents speak for themselves and the documents listed above present both the Plaintiff’s and the Defendants’ side to the case. People can read them and make up their own minds about them and soon, we will have the judge’s opinion as well.
The final dismissal order is not out yet, but in the meantime, here is the
showing that the case has, in fact, been dismissed.
  1. The first document isn’t text-searchable. Is this usual in legal documents?

    I am quoted on pages 39-40 and 43 in the “Stop Child Torture” exhibit [C?], where two blogs were posted.

    Not in the main text/deposition. I do not recognise any quotes as mine in that part of the document.

    (And the use of the quotes as a whole is probably divorced from context. I know and recognise most of them in their original places, and I do not think they were materially changed or put there to give a false positive or negative impression).

    I wasn’t going to say anything in the past 3 months until I knew where and when and in what capacity I would be quoted [if I were to be quoted at all].

    Yes, those are my words and I do stand by them. I did check to see if the links were true as far as I could.

    What is happening now?

    • The reason it isn’t text searchable is because I believe it was a PDF created from a scanned-in document. The original was a hard copy that was filed in the Virginia Circuit Court and when the case was removed to Federal court by the defendants (Jean Mercer and me), that court scanned it in and created a PDF. The other PDFs that were from electronic documents might be searchable. Once a case is in Federal court, the documents are accessible through the PACER system and if they came from a lower court, electronic copies are made.

      What happens next is that shortly (I’m not sure exactly when) the final decision will be formally published and there may also be an opinion dismissing the suit accompanying that (up to the judge whether one is written, as I understand it), but there will definitely be a document stating that the case has been dismissed. Here is an example of such an opinion from another case that was in that same court, Fisher v Offit.

      Once that document is issued, the Plaintiff has 30 days to appeal the case from whatever the date of that document is, if he wishes to, although it is my understanding that in general,it is more difficult to have an appeal granted in a federal case than it is in a lower court.

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