A Cry For Justice

By Jessie B. Evans-Hayes

Like the majority of institutions in America, the U.S. Postal Service policy, practice, and/or procedure appear neutral. Truthfully, it has a disproportionately negative impact on members of a racial or ethnic minority group. Dr. Martin Luther King, Jr., once said, “An injustice anywhere is an injustice everywhere!” Inequalities, regardless of their bases should not be swept under the rug. Any discrimination is intolerable, and as citizens, we must all make a serious attempt to do away with it. If we remain docile and inactive, the disparity will continue to grow, and our great nation, no doubt, will diminish to irrelevancy. America is a great nation; however, let’s not forget that her strength is built on hope, faith, and all honesty through free labor of slaves. Today, racial disparity affects both the innocent and guilty minority. Our judicial system is in urgent need of reform. Our nation is confronted with serious moral, ethical, constitutional, and economic challenges. We have to work together for systematic changes. This book/documentary validate that as a race of people, we are still plagued with persistent racial disparities—systematic racism which causes serious physical as well as psychological consequences. It discloses judicial tyranny and the corruption of the justice system by way of consistent psychological manipulation and deception, and unconstitutional laws that infringes on minorities and pro se litigants’ rights. Like cancer, racism has the potential to destroy!

• Language: English
• Publisher: Page Publishing, Inc.
• Release date: Mar 3, 2016
• ISBN: 9781682137277

Book preview

A

Cry

For

Justice

( D O C U M E N T A R Y )

Jessie B. Evans-Hayes

Copyright © 2015 Jessie B. Evans-Hayes

All rights reserved

First Edition

PAGE PUBLISHING, INC.

New York, NY

First originally published by Page Publishing, Inc. 2015

ISBN 978-1-68213-726-0 (pbk)

ISBN 978-1-68213-727-7 (digital)

Printed in the United States of America

Contents

Chapter I

Charleston, South Carolina

Chapter II

James Island, South Carolina

Chapter III

Early Childhood

Chapter IV

Higher Education

Chapter V

The Evolution of Racism in America

Chapter VI

America’s Judicial System

Chapter VII

A Victim of the Legal System

Chapter VIII

Education: The Key to Success

Chapter IX

Education in America for Minority

Chapter X

The Progression of Education

Chapter XI

Education Reform

Chapter XII

Conclusion

Chapter XIII

Military Endeavors

U.S. Postal Service Ordeal

Introduction

Chapter XIV

The Greatest Challenge

Chapter XV

Postal Service Ordeal (1981–1989) Kansas City, Missouri Post Office

Chapter XVI

Request for Transfer (Charleston, South Carolina—1988)

Chapter XVII

Mt Pleasant Post Office Ordeal (1989–1996)

Chapter XVIII

Push to Emotional Bound

Chapter XIX

U.S. Postal Referrals

Chapter XX

Transfer Back to Kansas City, Missouri Post Office (1993)

Chapter XXI

LMS Training (Kansas City, Missouri)

Chapter XXII

Return to Mount Pleasant Post Office 1994

Chapter XXIII

Unjust Removal

Chapter XXIV

Deposition: U.S. Department of Justice (Charleston, SC)

Chapter XXV

My Calling

Chapter XXVI

March on Washington, DC & Mount Pleasant Post Office, Mount Pleasant, SC

Chapter XXVII

Final Case/Illegal Confiscation of Civil Service Retirement Annuity

Chapter XXVIII

Conclusion

EXHIBITS TO DOCUMENTARY

Jessie B. Hayes v. Patrick R. Donahoe, Postmaster General/Judiciary System

Racial Discrimination

Doc. Issues

1 Settlement Agreement (Compensation for Less Work-Hours/White Counterparts)

2 Rights of Appeal Denied—Judge Lehmann’s Bench Decision (1994) / Letter Dated, 1997–2000 Request Follow-Up of Appeal Rights

3 Non-Reimbursement/Travel Expenses of EEOC Oral Hearing (1994)—Despite Judge’s Order/Justification

4 Subsequent Case/Judicial System Tyranny—Small Claims Judgment (Hayes v. Circuit Court of Jackson County Missouri at Kansas City (Circuit Judge Gregory B. Gillis Favorable Decision v. Circuit Judge Sandra C. Midkiff Unjust Dismissal

5 EEOC Letter (August 17, 2011)—Reference/ President Barack Obama Inquiry/Response

6 EEOC Oral Hearing—Administrative Judge Ana M. Lehmann’s Bench Decision of Denial (May 18, 1994)

7 EEOC Oral Hearing—Administrative Judge Humphrey Cummings’ 1st Favorable Bench Decision (June 9, 1997)

8 EEOC Oral Hearing—Administrative Judge Humphrey Cummings’ 2nd Favorable Bench Decision (March 30, 1999)

9 Illegal Confiscation of 2004 Tax Refund

10 Judicial System Affirmation of U.S. Postal Service Illegal Acts

11 EEOC Investigated Affidavit—William Richardson, Supervisor (1995–1997) & Michael A. Noll, Acting Postmaster (January19–July 12, 1995)

12 Transfer Request—Charleston, SC Post Office Branch Unjustly Denied (1988)

13 Hayes v. National Labor Board—Union Representation (July 22, 1995)

14 Step 2 Grievance Decision—Plaintiff Openly Humiliated (Bladder Control)

15 EEOC Administrative Judge Anna M. Lehmann vs. Complainant’s/other’s (Testimony), EEOC Oral Hearing, 1994

16 Daniel Marchant (Supervisor, Mail Carrier) vs. Complainant’s/other’s (Testimony), EEOC Oral Hearing, 1994

17 Postal Service Referral—Fitness for Duty Examination (November 16, 1992) & Co-Workers Corroborated Statements Fearful of Plaintiff - APWU/Representative (December 3, 1992)

18 Postal Service Referral—Dr. Barry Weissglass, MD (November 20, 1992)

19 Postal Service Referral—Dr. Perry E. Trouche, MD Through Dr. Weissglass - November 20, 1992, Written Report: January 15, 1993)

20 Postal Service Referral—Charter Mental Hospital (November 24, 1992) & Warren Brisben vs. Complainant’s/other’s (Testimony), EEOC Oral Hearing,

1994

21 Postal Service Request—Return/Work—Dr. Perry Trouche, MD (December 18, 1992)

22 Previous EEO Activity/Cases—Columbia, SC District (1991–1995)

23 Transitional Employment Agreement/Conversion to Full-Time (KCMO Office—October 19, 1993)

24 Illegal Notice of Removal/Failure to Qualify (KCMO Office—June 7, 1994)

25 Request/Return—Mount Pleasant Post Office (May 13, 1994) Opposed to Illegal Termination (Kansas City, Missouri Office)

26 Illegal Notice of Removal—RESCINDED (June 9, 1994)

27 Advanced Sick Leave Unjustly Denied Mike Noll, Acting Postmaster (October 29, 1994)

28 Diagnosis—Post Partum/Newborn—Language & Developmental Disorder (1994)

29 Manager’s EEO Investigative Affidavits & Denial of Plaintiff’s Disability/ (1995–1997)

30 Officer-in-Charge Letter of Denial of Plaintiff’s Disability (August 27, 1996)

31 Excerpt—EEOC Oral Hearing Transcript/APWU Representative Intriguing Testimony (pages 299–334) (July 28, 1998)

32 Employee’s Assistance Program File (EAP), David Strom, Counselor

33 EEOC Affirmation of U.S. Postal Service/Agency’s Decision of Denial/Closing Case

34 Excerpt—Deposition/Transcript (January 28, 2000)

35 Security Guard/Deposition—Letter of Testimony (November 14, 2000)

36 Final Case/Decision—Illegal Confiscation of Civil Service Retirement Annuity (February 1, 2011)

DEDICATION

This book/documentary is dedicated, firstly, to God, the source of my strength; to my ancestors who were abducted from the West Coast of Africa and other part of the world aboard slave ships to Charleston, SC; and to Reform Leaders who have made significant differences for all people.

It is also dedicated to my loving grandmother, Emily Deleston Champagne; my parents, Joseph and Priscilla Evans; my three loving children: Tara, Narada, and Alia for their love and understanding, patience, and support throughout this ordeal.

Special thanks to my loving sister, Vernell Evans Glover, for her continuous encouragement and support in completion of this book/documentary. Also, my cousin, Eugene Frazier Sr., for his outstanding research of our ancestors/community and successful publication of: James Island: Stories from Slave Descendants, 2006, and A History of James Island Slave Descendants & Plantation Owners: The Bloodline, 2010. I am deeply grateful for all their support.

Preface

When the laws were unjust, my ancestors fought hard for their rights. Like my ancestors, I have turned deaf ears to the disparity of our judicial system.

Hopefully, this documentary (including photos and information) will help African-Americans reflect upon our history—the unique slave experience and their struggle for freedom, equity, and justice. We can agree that the psychological damage and atrocities inflicted on black people during that period and even today are the most outrageous example of injustice and despair ever experienced by humanity.

Today, blacks are still a segregated group living under America’s failing economy. Due to slavery, the black community is suffering internally because of the debasement of our human foundation.

A disabled veteran and victim of the legal system in honor and tribute of my ancestors and Great Reform leaders, this book/documentary is written as a disclosure to prevent the continuation of travesty upon self and posterity as well as hope for future justice. I pray this documentary will be used as a reference guide for our generation and those that follow.

Introduction

"The strength and spirit of my ancestor’s early

struggle gave me faith, hope, and

determination to persevere."

A descendant of ancient Hebrews from West Africa, the reflection of my ancestors as slaves, the inhumane treatment of intense pain, suffering, and subjection to mortification, even death is irrepressible. They fought hard for their rights when the laws were unjust. Like my ancestors, I have turned deaf ears to our judicial system.

Pro se litigant and disabled veteran (captain), I experienced a spectrum of racial discrimination within the U.S. Postal Service, EEOC, and the lower/federal courts up to the U.S. Supreme Court.

Cognizant of my status: pro se litigant and disabled veteran suffering from major depression, these government officials took advantage, running rampant over my meritorious suit. They dismissed my valid suit without due process of a hearing, and the appellate courts showed prejudice through affirmation of the prejudicial acts. Standing firm to these racial disparities through EEO/EEOC, fifteen years of service with the U.S. Postal Service never once shirking my responsibilities, in May 1996, I was unjustly removed. They violated my constitutional rights under the First, Fifth, Seventh, and Fourteenth Amendments, a law that is repugnant to the constitution.

No doubt, life is a series of challenges and lessons. Overwhelmed by the disparities, the challenges growing up, and the legacy of my ancestors pain of living in a time and place wrought with hardship, inevitably and destined, I chose the road less traveled by. My plea for legal assistance to various law firms and organizations, Congress, the Merit Protection Board, the media, as well as the Department of Justice were totally ignored.

Unsuccessful of legal representation and a pro se litigant, the Courts of Appeal manifested unjust results by showing prejudicial error affecting my substantial rights to include a victim of a hostile work environment. They abused their discretion by disregarding legal precedent, deprived the due process provision and jury trial of the U.S. Constitution. Blatantly, the courts deliberately tolled and illegally dismissed my cases in attempt of depriving pursuance of a valid suit.

As a race of people, justice has never been on our side. Even today, blacks are still victims of racism. Many people from the dominant community find disparities to be tolerable because slavery has ended. Frankly, in the criminal justice system, blacks are still being treated indifferently.

As an African-American entrusted by racism, standing firm to these injustices, I became a victim of the legal system, embracing the burdens of our past to avoid becoming a victim of the past.

This judicial system taught me that wherever moral and legal lawless sway, African-Americans, no doubt, will suffer tremendously. Quite obviously, my case is not about whether or not my constitutional rights were violated, rather to persuade this system that like all white Americans, I, too, am entitled to the constitution’s protection.

Distraught and wearied, in April of 2005, fully dressed in combat uniform in protest of the disparities, I solely marched upon the steps of the U.S. Supreme Court, The White House, and ultimately, the Mount Pleasant Post Office, Mount Pleasant, SC allowing fear to pass through me!

Twenty years of combat with the judicial system of its continuous prejudicial acts—denial and dismissal twice of my meritorious suits by the U.S. Supreme Court, and the U.S. Postal Service continuous illegal confiscation acts in retaliatory of my persistency of EEO/EEOC involvement has been overbearing and inhumane!

In 2008, America’s history was altered which did not set well with the vast majority of the white Americans. Our land was blessed with a great leader! History was made when the first African-American president was elected, President Barack Obama. A man of brilliancy and great leadership destined for restoration of our great nation. Due to the history of racism within this country, and more than ever, racism has dispersed like cancer. Many white Americans, in anger of this alteration of history despise, refuse to render the deserving respect to this president of the United States!

In August 2011, twenty years after initial/ongoing EEO/EEOC complaints of racial discrimination, I felt hopeful when I received a correspondence from the U.S. Equal Employment Opportunity Commission, Washington, DC, addressing my letter dated April 3, 2011 to the The President of the United States, President Obama concerning my complaint of discrimination against the Postal Service. In which, President Obama requested EEOC to resolve the matter and respond directly to me.

Historically, the American Judicial System has been African-Americans number one enemy. As a victim of this legal system, it is truthfully stated, When the truth comes along and you know in your bones that it’s the truth, yet you still refuse to accept and defend it, you then really begin to die.

This book/documentary will show how we, as a race of people are still plagued with persistent racial disparities—systemic racism which causes serious physical and psychological consequences. It discloses judicial tyranny and the corruption of the justice system by way of consistent psychological manipulation and deception, and unconstitutional laws that infringes on minorities and pro se litigants’ rights. Like cancer, racism has the potential to destroy!

PART 1

Chapter I

Charleston, South Carolina

My Native Land

South Carolina, known as the Palmetto State encompasses people of all walks of life. It is called the Palmetto State, after the palmetto trees that grow widely.

The palmetto trees and magnificent gardens of luxuriant growth over the years has elevated this state into an art form. In which, most tourists would agree to be one of the prettiest states in the country. Tourists are attracted to its beauty, friendliness, and hospitality.

The South Carolinians has identified South Carolina as having two district areas, the low country and the up country. The east of South Carolina is wide swept by the shore of the Atlantic Ocean in which vacationers enjoy. The low country is near the ocean and surrounded with islands. There are four islands in the low country: Edisto, Wadmalaw, Johns, and James Island. These islands are rich with African-American’s heritage and culture. The west of South Carolina is called the up country.

South Carolina is a Deep South state, mostly rural. Its land consists of small towns, with four major cities: Columbia (the capital), Charleston, North Charleston, and Greenville.

Charleston, SC sits on the East Coast along the Atlantic Ocean between North Carolina and Georgia. It is a busy seaport city and one of the main points of entry for industrial ships entering the states on the East Coast. It was the main point of entry for slaves entering this country during the era of slavery.

The city of Charleston houses today depicts a grand vista of centuries’ old architecture. The Charleston Museum founded in 1773 was the first museum established in the United States. Today, the museum exhibits cover slavery, plantation life, and the Civil War. African-American National Heritage Museum has scattered sites, such as the Slave Mart Museum and McLeod Plantation, which illustrates the lives of slaves in the region.

Prior to the Civil War, more than two hundred years ago, South Carolina was one of the richest of thirteen colonies. After the Civil War, South Carolina entered a period of economic stagnation. In which the people were among the poorest in the nation until the early 1970s when a new generation began to lead, changing many things.

The Civil War lasted four years from 1861 to 1865. A white Southerner said to a visitor from the North, I’d rather be dead than be a slave on one of those big plantation, an understandable statement. A slave life was of toil, hunger, and fear. Children were sent to work in the fields at age ten or twelve. Families of up to ten slaves lived in a dirt floor cabins no larger than a modern one-car garage. Their clothes were little more than rags. They went barefoot in the winter. Health was an issue, only four out of one hundred lived to age of sixty.

By the mid-1870s, South Carolina was near internal war. The hooded Ku Klux Klan made its appearance in the state. In the 1900, South Carolina a backward, mostly rural state, in which four out of every five residents lived on a farm. Cotton replaced rice as the major product.

At the beginning of the twentieth century, South Carolina ran one of the worst school systems in the nation. Most rural areas’ classroom was a dilapidated one-room schoolhouses, taught by teachers who did not go to college.

The state maintained separate, most certainly not equal schools for blacks and whites. White teachers were paid four times more than black schoolteachers. As a result, about three out of four black adults were unable to read or write.