User:Top Game Changer/sandbox

Vincent D. Faini; an American, born September 30^th,1956.

He is a strength athlete, a performance enthusiast, comedian, philosopher, social activist political & religious pundita blogger & Youtuber, whistle blower, and an author of many books, and short stories. He first came to national attention when in 1998, he and three other Postal Workers, (Larry Cherosky, Anthony Clemons, Thomas Jennings), filed a Federal lawsuit, in the United States District Court for the District of Oregon He and his three coworkers, lost this case in 2000, on a very questionable technicality. The presiding judge on the case was United States District Court Judge Michael Robert Hogan.

Union Grievance[edit]

On November 3rd of 1994, his union officers filed a step-2 grievance letter as a health and safety issue , and submitted it to the Gateway Facility’s Plant manager because he denied the employees at the facility the right to wear OSHA approved, doctor prescribed respirator. According to Faini, he and the other clerks confronted the local union president that the union should file two grievances, one to address the health and safety issue, and the second as a discrimination issue. They asserted because of their medical situation they would qualify for protection under the Rehabilitation Act of 1973 and the (ADA) Americans with Disabilities Act of 1990.

E.E.O.[edit]

On March 12th of 1997,(Larry Cherosky, Anthony Clemons, Thomas Jennings & Vincent D. Faini) filed an E.E.O claim as advised by Assistant Attorney James L. Sutherland of the United States Department of Justice located on 405 E. 8th Avenue, Suite 2400, in Eugene, OR 97401-2798. The four litigants were also advised by United States Department of Labor . By coincidence, the Assistant Attorney James L. Sutherland would at a later date be their adversary during depositions regarding this case.

Round One: Lawsuit[edit]

In 1998, he and three other Postal Workers, (Larry Cherosky, Anthony Clemons, Thomas Jennings), filed a Federal lawsuit, in the United States District Court for the District of Oregon .

Round Two: Depositions[edit]

On June 29th, 2000, 9:00 a.m. They began depositions with the United States Department of Justice

Round Three: Tossed Out on Technicality[edit]

He and his three coworkers, lost this case in 2000, on a very questionable technicality. The presiding judge on the case was United States District Court Judge Michael Robert Hogan. On January 19th, 2001, Judge Hogan rules that their complaint was untimely; however, he did state that the Postal Service erred in not allowing them to wear their Doctor prescribed respirators. He stated that if they had been timely he would have ruled in their favor.

Round Four: The Appeal[edit]

On February 3rd, 2003 – The Court of Appeals – Jan Schlictmann Is Right, “The Appeals Process Is a Byzantine Affair” .

Their Case (No. 01-35254) was then submitted for appeal by their attorney David A. Bahr, of Bahr & Associates, P.C. Eugene, OR, for the Appellants to the United States Court of Appeals for the Ninth Circuit, located at 909 1st Avenue, Seattle, Washington. The appeal was brought before the Circuit Judges Kleinfeld and McKeown and a District Judge Shapiro . For the defense of the United States Postal Service Michael W. Mosman  was United States Attorney, and James L. Sutherland, Assistant United States Attorney, Eugene Oregon. The defense Lawyer for the United States Postal Service, Washington, DC., for the appellee was Eric J. Scharf and Stephan J. Boardman. This case was decided in June 5th, 2003, ruling in favor of Judge Hogan’s earlier ruling.

Round Five: Petition of En Banc[edit]

On August 18th, 2003 – Vincent D. Faini went to District Court of Appeals on 7th St., in San Francisco, CA. A week prior to his submitting this petition, during a small press conference, their lawyer, David A Bahr decided to drop his clients. Vincent D. Faini decided he would take on the task himself and appeal the decision of Kleinfeld, McKeown and Shapiro by filing a Petition En Banc.to the United States Court of Appeals for the Ninth Circuit.

En banc review is often used for unusually complex cases or cases considered to be of greater importance and is presented to a panel of judges. On September 9th, 2003, his petition for rehearing En Banc was denied at The Ninth Circuit Court of Appeals.

Round Six: 1st Petition of Writ Certiorari[edit]

Because the En Banc was denied, Faini decided to frame up and then file a petition Writ of Certiorari to the United States Supreme Court . In an interview Faini claims that at the time, he thought it would be best to hand deliver the petition to the actual United States Supreme Court, in Washington D.C., especially since he needed to get this in before the petition would be untimely.

Round Seven: 2nd Petition of Writ Certiorari[edit]

Faini received the first petition he handed to the Clerk of the Supreme Court of the United Statesback as being inadequately formatted. Certain indentions were incorrect, the size of the petition needed changing, et cetera. He corrected all mistakes and sent the petition back towards the end of his allotted time to have it arrive to the clerk in a timely manner.

Round Eight: 3rd Petition of Writ Certiorari[edit]

Knocked out, but not out for the count: The clerk for the Supreme Court of The United States sent the petition stating that he was disqualified from refiling because the petition did not arrive in a timely manner. Faini asserts that this was not the case.

Early Forced Retirement[edit]

Faini submitted his retirement papers on July 31st of 2004.

Life After the Postal Service and Spiritual Healing[edit]

Vincent D. Faini and Anthony Clemons are the only two survivors of the lawsuit. Faini has shared his lifelong desire to build better communities. He asserts that refocusing on the needs of other people and his community and the world at large has helped him to heal. Faini has kept himself busy working as a personal trainer and engaging full-time as a social activist raising money for such organizations as: Food for Lane County, Womenspace, The Alzheimer’s Association., Habitat for Humanity of Eugene/Springfield , and Habitat for Humanity of Rouge Valley Catholic Services, Occupy Medical, Big Brothers Big Sisters, White Bird Clinic of Eugene…

File:"Occupy Medical Bus at Washington Street Bridge, Jan 2015.png".png

The Eugene Oregon Team of Occupy Medical

He is involved with many other groups and activists in their mutual quest to eradicated homelessness, poverty and hunger. He is also involved with using his resources to seed his dream that one day everyone will have access to affordable housing. It is his assertion that there are specific ‘Keystone” material needs that must be attended for all other material needs to be met, such as: ‘Affordable Housing” ‘Affordable Education’, ‘’Multipronged Approach’ to eradicate homelessness, Affordable Health Care, breaking our reliance on fossil fuels, and becoming more engaged in Urban farming. He also asserts that what is essential for the attainment of having all of these keystone material needs, it will be necessary for people at an individual level and familial level to do their best to work towards achieving mental, physical, emotional, spiritual and social congruency.