"And Justice for All Some."
(Amended exception - American Workers.)
See "The 24% Survival Rate"
Pirate Jack Sparrow: "Am I to understand that you lot will not be keeping to the code, then?"
- To the Brethren Court of Pirates...and the room went silent. - Pirates of the Caribbean: At World's End

"Am I to understand that you lot
will not be keeping to the code, then?"


When Dan O'Shea took his case to the panel hearing,
     UPS and the Teamsters Union decision made the
     Collective Bargaining Agreement obsolete

When Dan O'Shea took his case to the NLRB,
     the government made the National Labor Relations Act obsolete

When Dan O'Shea took his case to the federal court in Maryland,
     the federal court made Maryland's due process law obsolete

When Dan O'Shea took his case to the 4th Circuit Court of Appeals on up to the U.S. Supreme Court,
      the Judicial System made the Constitution obsolete...

The decision is now precedent,
         ...against the American Worker

It's now precedent, company management and union officers can now interpret statutory law without bargaining in nonjudicial tribunals and determine guilt upon American Workers without trials, without defense council, without juries.

Welcome to the the new world, full of conservative appointments throughout the government and judiciary where high-profile, high-powered Republican lobbyist firms are now impacting government and judicial decisions, siphoning off millions away from American Workers and away from the Democratic Party that was a voice for millions of American Workers. (This coming from the writer who has been a life-long conservative and Republican teamster member).

"There is something very wrong going on here in America, where Americans are concerned with terrorism abroad yet at the very foundation of this country corporate terrorism is becoming a chronic symptom that is terrorizing men, women, children and families.

Stealing their pensions, benefits, health and welfare - stealing their way of life, their standard of life, wherein these companies hide behind unions, archaic labor laws, high-priced corporate lobbyists, charities, social and political organizations with donations, buyouts and givebacks to protect this new kind of terrorism that steals everything they worked hard to earn.

It is an assault upon the American Worker to the nth degree.

These corporations have learned well it’s much cheaper to buy off at the top of the organizational  and Judicial level than to pay off many more and much more at the lower individual level.

At this point in time in America, they well understand there is no voice for the American Worker or his/her family...to hear their plight or give justice to their voice."

     'The Judicial Department comes home in its effects to every man's fireside; it passes on his property, his reputation, his life, his all. Is it not, to the last degree important, that he should be rendered perfectly and completely independent, with nothing to influence or control him but God and his conscience?
     I have always thought, from my earliest youth till now, that the greatest scourge an angry Heaven ever inflicted upon an ungrateful and a sinning people, was an ignorant, a corrupt, or a dependent Judiciary.'
     In a very early period of our history, it was said, in words as true to-day as they were then, that 'if they (the people) value and wish to preserve their Constitution, they ought never to surrender the independence of their judges.'  O'Donoghue v. United States, 289 U.S. 516, 532 (1933)
      - Chief Justice Marshall, in the course of the debates of the Virginia State Convention of 1829--1830

The purchase of the Judicial System - and the loss of its independence -

"[T]he Bush Administration has sought, through little-noticed agency action, to promote the interests of huge corporations at the expense of Americans.  The Bush Administration is likely to spend its last few, lame-duck months in office, issuing even more agency 'preambles' and 'guidelines' – like the one that is putting Diana Levine's case in jeopardy – that will seek to promote complete immunity from lawsuits for billion-dollar businesses.  Many of these will be difficult for even a new President to undo, but will doubtless be used relentlessly by corporations armed with a favorable decision from the Supreme Court."

TDSB Commentary: May we add 10 of the 13 Federal Appeals Courts, now conservative and the fact that a number of recent cases including the case herein on this website have already contributed to the purchase of the Federal Judiciary and lost independence to high powered corporate lobbyists.

Strict Constructionists? The current conservative and "dependent" Judicial System is neither.

"No Stinkin' Juries!" - The unlawful use of Summary Judgment is being used more and more by conservative judges purchased by high-priced corporate lobbyists against everyday workers seeking justice -

"In one dissent, Judge Lay took the rare step of criticizing not just the majority's ruling, but the entire circuit-wide trend: "Too many courts in this circuit, both district and appellate, are utilizing summary judgment [to dismiss cases] where issues of fact remain."

TDSB Commentary: As in that case, O'Shea's case was dismissed on summary judgment. When critical facts "in dispute" exist such as "was there policy or was there a violation of law?" - lawfully that is what a jury is to decide, not to be shrouded or hidden by judges in "summary judgment" and "unpublished opinions" because of earmarks ("favors") to high-priced lobbyist law firms for large corporations.

The above articles and quotes are from Alliance for Justice (www.afj.org).


The Briefs and Opinions

O'Shea's Cross-Motion for SJ | O'Shea's Response SJ | District Court Branding O'Shea A Criminal

O'Shea's Appeal to the 4th Cir. | O'Shea's Reply to the 4th Cir. | 4th Cir. Decision w/o Pts of Law

O'Shea's Motion for Rehearing En Banc | O'Shea's Motion to Stay the Mandate | Denial for En Banc

O'Shea's Petition for Certiorari to the Supreme Court

The Supreme Court's Docket Denial (Type in case No. 06-9912)

"If America is destroyed, it may be by Americans who salute the flag, sing the national anthem, march in patriotic parades, cheer Fourth of July speakers - normally good Americans, but Americans who fail to comprehend what is required to keep our country strong and free, Americans who have been lulled away into a false security."     
Ezra Taft Benson (1899-1994) 

This site is dedicated to all Teamster UPSers, Union employees, working Americans and their families who have experienced situations similar to. . .The Darker Side of Brown.

www.thedarkersideofbrown.com | The Darker Side Of Brown | Email Dan O'Shea
The intent of this site is to provide public discourse of the current landscape and climate of the rights of the common American Worker with respect to the political, corporate, union, government and judicial entities that affect those rights. Each reader must form his or her own beliefs, ideas and opinions after reading the opinions, exhibits and documents that now exist on this site and in the public domain, including govenment records such as the NLRB and judicial records of written opinions.

Disclaimer: Any and all writings herein of the Darker Side of Brown are opinions by this site contributed by individuals.