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ARREST IN DETAIL


On March 31, 1999, more than four months after Judge Kenner barred Mourad from the 11th floor of the Tip O'neil Building, he had filed a malpractice and conspiracy lawsuit against the law firm Hanify & King and Stephen S. Gray in the Suffolk Superior Court, C.A. No. 99-1470C, in which Judge Diane M. Kottymyer had been chosen to preside over the case.
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Hanify & King and attorney's Harold Murphy and Donald Farrell unjustly refused to accept service of the State Court Complaint served to them by the Suffolk County Deputy Sheriff, at their One Federal Street, Boston office.
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Mourad was forced to file an emergency motion entitled: MOURAD'S EMERGENCY MOTION TO COMPEL THE SUFFOLK DEPUTY SHERIFF'S OFFICE TO 'SERVE' DEFENDANTS HAROLD MURPHY, DONALD FARRELL AND HANIFY & KING TO AUTHORIZE THE DEPUTY SHERIFF OR A DISINTERESTED PERSON TO ENTER UPON THE HANIFY & KING LAW OFFICES AT ONE FEDERAL STREET, BOSTON FOR THE PURPOSE OF SERVING MURPHY, FARRELL AND HANIFY & KING WITH THE SUMMONS AND COMPLAINT IN THE MATTER.
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Judge Kottymyer allowed Mourad's Motion, and Ordered the Defendants to appear on May 11, 1999, at 2:30 PM, at the Suffolk Courthouse, Room 227, to hear argument on said Motion.
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During this hearing, D. Ethan Jeffery, attorney for Hanify & King, Murphy and Farrell, told Judge Kottymyer that the case had been transferred to the Bankruptcy Court, and that she no longer had jurisdiction to hear the case. This was to Judge Kottymyer's surprise. Judge Kottymyer Ordered the Defendants to accept service.
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Judge Kottymyer advised Mourad to go to the Bankruptcy Court (11th floor of the Tip O'neil Building) to inquire about the transfer of the case.
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Mourad was then arrested for simply following the advice of Judge Kottymyer, to go to the Bankruptcy Court's Clerk's Office to inquire about the transferred State Court action, and to see whether it was docketed.
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Mourad initially tried to call the Clerk's Office but got no response. So he would not appear at the Clerk's Office unannounced, the night before, Mourad notified the FBI that he had no choice but to go the Clerk's Office to inquire about the status of his case that was transferred to the Bankruptcy Court, and that he meant no harm to Judge Kenner.
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The FBI then notified U.S. Marshall Stephen M. Donaher to meet Mourad at the Bankruptcy Court and assist him in seeking access to the Clerk's Office. When Mourad arrived, and walked through the metal detectors, U.S. Marshall Donaher was awaiting him. Donaher escorted Mourad to a private room, so I could wait while Donaher spoke with Judge Kenner privately about the matter.
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Donaher spoke with Judge Kenner for over a half hour, trying to convince her to allow Mourad to inquire about his case. Mourad came nowhere near Judge Kenner or her Courtroom at any time.
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Marshall Donaher was forced, by Judge Kenner, to arrest Mourad for contempt of court for violating an invalid Court Order that has no legal or constitutional basis, especially after the bankruptcy case was dismissed. That was a deprivation of Mourad's civil right of access to the Courts.





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