Tuesday, October 9, 2007

Discrimination, Harassment, and Illegal Interrogation (1st Cir., No. 07-1185)

Youtube: Li was injured

Yong Li was a senior software engineer in Raytheon's Marlborough facility. She was constantly harassed because of her race although she was a valuable employee in Raytheon. see Spare Change Newspaper report, or

When Li was intimidated by her ex-manager Jen Lewis, Li reported to the HR about her personal safety concern. Raytheon, through company counselor John Didio, interrogated Li "do you want to kill someone?" As a result, Li was traumatized and became long term disabled ...

Li lost health, lost career, and lived on disability benefit. Her husband left her.

Raytheon fixed doctor's report

Yong Li's handout to Raytheon
outside of Raytheon

Discussion Center for Raytheon: 1st Thread, 2nd Thread

Yong Li's Petition to US Supreme Court
docket sheet in the state appeal court: 2007-P-0156 (Yong Li v. Raytheon Company, 71 Mass. App. Ct. 1115 (Table, Text in Westlaw), Unpublished Rule 1:28 Disposition, 2008 WL 783404)
docket sheet in the Mass. Supreme Court: FAR-17039
Workers Compensation case in state appeal court2008-P-1446
US Supreme Court 08-526
US Supreme Court 08-909

... a sua sponte Dismissal for Failure to State a Claim was made by the State Appeal court of Massachusetts (William Cowin, Malcolm Graham, Cynthia Cohen, JJ), and that deprived Li's due process. The ruling was un-precedent in US history. There was no hearing, no opportunity to amend complaint, no adversarial process.

To protest against the sua sponte ruling, Yong Li held a big sign "fraud ruling, injustice" in the court house, and she fell down from the balcony and got serious injured … see Boston Globe.

Li was sent to Massachusetts General Hospital. She was branded as delusional disorder and forced to take anti-psychotic medication, although a Mandarin speaking doctor diagnosed her no psychosis symptoms … see Li in MGH.

Fraud Ruling
Cowin W, Cohen C, Graham M, JJ
sua sponte dismissal 4 failure 2 state a claim
Yong Li v. Raytheon

Dishonest judges William Cowin, Malcolm Graham, Cynthia Cohen, JJ of Massachusetts Appeal Court, made a sua sponte dismissal for failure to state a claim (Yong Li v. Raytheon Company, 2007-P-0156), which became first such ruling in US history. The trick is that they did not identify the dismissal as sua sponte, because they simply “assumed” that the issue of Rule 12(b)(6) had been raised in the low court, so that they applied case law Conant v. Sherwin L. Kantrovitz, P.C., 29 Mass. App. Ct. 998, 998 (1990) to dismiss the discrimination lawsuit against Raytheon. In fact, the issue of Rule 12(b)(6) had never been raised, briefed, or argued. Without such mis-assumption, the Appeal Court would not be able to dismiss the case. Originally, the Middlesex Superior court dismissed this case for a pending action in federal court. On appeal, the judges panel ruled that the dismissal erred, but they did not remanded the case back to the low court. Instead, the sua sponte dismissal under Rule 12(b)(6) came out. There was no hearing, no opportunity to amend complaint, no adversarial process. Moreover, Yong Li was deprived of the right to appeal, because the dismissal directly occurred in the Appeal Court. Later, they denied Li's petition for rehearing, despite she pointed out the mis-assumption in the petition.