Legal Malpractice Lawsuit
A crime, not an accident, was committed in August of 1993. A New York State Legislative Health Law (§ 33.04) was deliberately broken that directly resulted in the death of Seth Speken. We, his parents and his two younger sisters, rightly seek reparations, not compensation, for the heinous acts that caused his death.
The way a society reacts to the victimization of its citizens is a direct reflection of how much it values them, if at all. There was little value placed on the dignity of Seth’s life. He was ‘training material’ nothing more. The Health Law could be broken at will to save the University money, and everyone knew it – the Courts, the District Attorney, the lawyers, the house staff, the hospital hierarchy, the Health Department.
There was an attempt to silence our case by an unscrupulous lawyer with political connections. The Courts have been all too willing to sanction this.
Hallock v. State of New York, 64 NY2d 224, 230 (1984), provides the Courts vast regulatory powers and states that "Stipulations of settlement are favored by the Court and not lightly overturned"– even when obtained by coercion. The "state action" Hallock case gave authority for an attempt to deprive the Spekens of their Federal right of Free Speech. In this case, the right to speak freely about the crime of their son’s death.
Our pro se lawsuit against Mr. Moore is not about rewarding the victim’s family with money. It is about restoring the moral order and vindicating the moral worth of the deceased who was degraded by a crime. It is about human dignity. So far, the Courts have refused to address this issue. The case against Mr. Moore must be brought before a jury for the People to decide. It comes down to this: Does the citizen exist to serve the State, or does the State exist to serve (and protect) the citizen?
Click for Moore Legal Malpractice Summons
Click for Motion to Dismiss Legal Malpractice Lawsuit
Click for Joint Affidavit In Opposition (to above Motion to Dismiss)
Click for Reply Affirmation
Click for Oral Argument
Click for Decision
Click for Preface