and Jackie Finney are two plain folks in a lonely fight to enforce
their rights against THE DARK SIDE, which includes an
unethical HMO, greedy CEOs,
State bureaucratic bullies.
Governor Arnold Schwarzenegger's Department of Managed Health
Care won't enforce patient rights laws that Governor Gray Davis
devised to fool the folks who don't "pay-to-play."
why Jackie filed a "Petition," requesting that a State
court judge order the bureaucrats to protect patients, not her
HMO. Bob will file his own "Petition" in federal court,
if Medicare protects these same powerful folks at the expense
of plain folks. Jackie and Bob aren't lawyers. They wrote and
filed the Petition themselves without any help from lawyers.
"Petition of Right" has been inspired by many extraordinary
individuals who refused to waive their legal rights in spite
of coercion and retaliation by the powerful.
"Petition of Right" is best explained in David Mamet's
film, The Winslow Boy, based on the true story of a young boy
who was wrongly expelled from the Royal Naval College for theft
and forgery. His father's attempts to obtain a fair trial were
rebuffed by the British bureaucracy, which refused to admit
the possibility that its secret proceedings were rigged and
had resulted in an unjust decision that harmed the boy and his
boy's only hope was to set forth his request for an open trial
in a "Petition of Right," which if accepted by the
Home office and the Attorney General, could be presented to
the King. In English Law, the King's government is assumed to
be sovereign (i.e., THE CROWN CAN DO NO WRONG) and cannot be
sued without the King's consent. Only then could the boy's case
come to trial.
Edward VII signed the boy's "Petition of Right" in
May, 1909, writing "LET RIGHT BE
days into the trial, the British Admiralty announced that it
had accepted the boy's claim of innocence that it had rejected
twice before in secret proceedings at which the boy had no representation