|Brief to OPM, 29 March 1983, supplementing the one of 21 March 1983, in Continued Opposition to April 1981 Agency Application, Retaliating Against Pletten's Whistleblowing.
The retaliation took the form of multiple violations, including but not limited to:
The goal was to encourage OPM to continue fighting on Pletten's behalf. Area U.S. Attorney staff and federal judges were later corrupted to ignore this evidence.
The ex parte-obtained corruption went to the extreme of saying Pletten applied! The record shows he fought continually, and continues to do so, now the year 2001.
See also other Briefs in the series, e.g., 27 July 1983, 25 Nov 1983, and 2 Jan 1985, as per his working full-time+ developing every evidence for recognition of his remaining an employee absent a 30 days notice of charges IAW federal law 5 U.S.C. § 7513.(b) warranting removal, and recording his position, for anticipated use in the EEOC forum, which TACOM was claiming would be reviewing the matter.
More in the series will be posted as scanned. The volume is enormous, takes some time.
UNITED STATES OF AMERICA
OFFICE OF PERSONNEL MANAGEMENT
|MAR 29 1983|
|Data in Support of 22 Feb 83 Analysis under which|
no Disability can be Shown, as a Matter of Law (0%)
|2 - 8
||Disability Retirement is Improper considering the
Refusal of Implementation of the 25 Jan 80 Report
|9 - 13
||Data on Safety Guidance, with an Example (Radioactivity)
among many concerning non-compliance locally
|14 - 21
||Smoking as so Circumscribed and Limited that the OPM
Analysis is further Supported on Lack of a Local Case
|22 - 25
||Addiction as a Superordinate Term Covering Many, if not
all, Aspects of Smoker Mental Disorder, as Discussed in
Court Precedents and Medical Literature, with Context from
the Symptoms Displayed by Local Personnel
|26 - 54
||Smoking Behavior and Alcoholism: Diseases||55 - 58
||Smoking Behavior, Prejudice, and Crime and Intent in Law||59 - 61
||Smoking as Disease Leads to Other Diseases, concerning which
on Some of Them, Smokers May Seek Fraudulent Disability
Retirements, Just as Smokers Gave False Data to OPM on Me
|62 - 72
||Army Problems with Smoking and Disease Including Reference
from Early Surgeon General, as Insight on Why AR 1-8 was
Issued, Since Smokers Cannot Respect Themselves or Others
|73 - 76
||Medical Misconduct at the Installation: Examples||77 - 79
||EEO Principles on Discrimination, as Consistent with Data
from Case Law Precedents from Courts
|80 - 86
||Concluding Analysis and Request for Relief||87 - 92
This Brief provides Overall Information
concerning which the Motions
make brief reference.
Page 1 of 92 pages
|Violation of Regulation|
|29 CFR § 1613.701 etc.||The required “reasonable accommodation” presupposes compliance with basic rules. Local [TACOM] employees deny any hazard or violation [exists] and thus [they] refuse to begin regular rule enforcement. As the process has not starred, local [TACOM] employees also refuse to begin “reasonable accommodation.”
For example, AR 1-8 requires that the environment “not endanger . . . cause discomfort or unreasonable annoyance.” The environment does these things to the extent [TACOM] management refuses to let me return to duty, but it refuses to halt the endangerment and discomfort the regulation prohibits.
[TACOM] Management refuses to implement the “unqualified and absolute” safety duty specified by OSHA [29 USC § 651 - § 678] in Nat’l Rlty & C. Co., Inc. v. OSHRC [160 U.S. App. DC 133], 489 F.2d 1257 (1973). Compliance with OSHA (or 5 USC § 7902) would undoubtedly preclude need for superimposing “reasonable accommodation” on top of the “unqualified and absolute” duty. Achieving a non-endangering, non-discomforting environment would likewise undoubtedly preclude need for superimposing the “reasonable accommodation” duty on top. However, achieving them would most assuredly provide a sound basis for then beginning the “reasonable accommodation” process.
The local [TACOM] employees involved also refuse to enforce other rules such as on courtesy, littering, loafing, efficiency, property control, etc. Enforcement of any one rule would resolve the situation. The local property control regulation, TACOM-R 190-4 is based on the same police power authority as was upheld in Austin v. Tennessee, 179 US 343 (1900). The rule forbids any habit-forming drug without a valid doctor’s prescription. It also limits personal effects to non-dangerous items. Even if personal effects were allowed to be dangerous, such would not allow personal reasons to be a basis for adverse action against a victim such as myself harmed by such personal effects.
No reason has ever been provided for the refusal to (a) enforce the pertinent rules and (b) begin reasonable accommodation. Even if there are reasons (and there are none, or they would have been articulated––although untimely), there is no cause for adverse action until after any alleged reasons are stated and opportunity to reply provided. Cf. 5 CFR § 752 and advance notice [5 USC § 7513(b)] requirements.
As made clear in cases such as State of Missouri ex rel. Gaines v. Canada, 305 US 337 (1938); Brown v. U.S., 256 US 335 (1921); and Sleeper v. Sandown, 52 N.H. 244 (1872), movement in safety is extensive and not limited to one room. Cf. OSHA cases and 5 USC § 7902. Reasonable accommodation superimposed on top of these basic legal facts will assuredly allow immediate return to duty in safe conditions.
|Page 17 of 92 pages.||Affiant's initials _________|
|Page 31 of 92 pages.||Affiant's initials _________|
“Dr. Frankl-Hochwart, after a careful study of several thousand cases, states that 'the localisation of the toxic action of nicotine is much like that of syphilis,' that is, upon the nerves and blood-vessels.” “Tobacco, like alcohol and opium, acts especially upon the nervous system (Campbell).” “Recent studies of the brain and nerves by the refined methods of the modern laboratory, show that every irritant poison produces immediate damage of the fine structures of the brain, lessening the acuteness of thought and the quickness and accuracy of nerve activity. . . . The free or prolonged use of tobacco is recognized as one of the most common causes of insanity.” At 41, “Tobacco, by incessant irritation, predisposes to mucous plaques and cancer. On this account syphilitics are forbidden to smoke.”
“General paresis is a mental disorder caused by the progressive infiltration and destruction of brain tissue by the spirochetes of syphilis. It has also been variously called general paralysis of the insane, dementia paralytica, and paresis. . . . The first symptoms usually appear about 10 to 15 years after the primary infection, although the incubation period may be as short as 2 years or as long as 40. Unless the person receives treatment, the outcome is always fatal, death usually occurring within 2 to 3 years after the initial symptoms. General paresis is associated with a wide range of behavioral and psychological symptoms. During the early phase of this disorder, the individual typically becomes careless and inattentive and makes mistakes in his work. At first he may notice his mistakes but attributes them to being overtired; later he does not even notice them. . . . Comprehension and judgment suffer, and the individual may show a tendency to evade important problems, or he may react to them with smug indifference. Accompanying these symptoms is a blunting of affect . . . He seems unable to realize the seriousness of his behavior and may become irritable or resort to ready rationalizations if his behavior is questioned. . . . As the disorder progresses . . . the individual is unmannerly, tactless, unconcerned with his appearance, and unethical [abulic] in his behavior. Memory defects, which may be noticeable in the early phases of the illness, become more obvious. . . . This memory impairment extends to remote events, and the individual tends to fill in memory losses by various fabrications.”
|Page 53 of ____92___ pages.||Affiant's initials _________|
Page 55 of ___92____ pages.
Affiant's initials _________
|Page 57 of ____92___ pages.||Affiant's initials _________|
|Page 58 of ____92___ pages.||Affiant's initials _________|
"When a doctor or a psychotherapist, in the exercise of his professional skill and knowledge, determines, or should determine, that a warning is essential to avert danger arising from the medical or psychological condition of his patient, he incurs a legal obligation to give that warning."In this case, Dr. Holt refuses to warn management of the danger; he pretends such action is "not" his "province." He refuses to examine smokers who cause endangerment to determine if they are suffering any of the known smoker mental illnesses; he refuses to take preventive steps such as confining them or declaring them unfit for duty. He fails to initiate action to have them declared "not ready, willing and able to work." Indeed, he perpetrates a double wrong. He refuses to act even when other doctors call his attention to the need to act. He ignores the duty to act, even when USACARA called such duty to the attention of all, on 25 Jan 80. Dr. Holt ignores AR 1-8 and rules such as the FPM Suppl. 752-1 guidance against posing a danger to self or others—a rule smokers routinely break. Even worse, he has engaged in reprisal against me.
|Page 79 of ___92____ pages.||Affiant's initials _________|
|Page 83 of 92 pages.||Affiant's initials _________|
|Ed. Note: That process presumes compliance with other rules, does not serve as pale substitute, contrary to the TACOM and MSPB position.|
The book, Abnormal Psychology and Modern Life, 5th edition [Scott, Foresman & Co, 1976], by [Prof. James C.] Coleman, at 632 states, “As used in the present context prejudice refers to any attitude toward other individuals or groups that is based on inadequate and selective sources of information, while discrimination refers to overt acts that unjustly deny equal status or opportunity to persons on the basis of their membership in certain groups. Usually, of course, prejudice and discrimination go together.” In Psychology for Better Living [(New York: John Wiley, 5th ed., 1965)], Dr. [Lyle] Tussing at 474 refers to “Social prejudice” “as a kind of sickness” with “a number of negative aspects” including “that the prejudiced person has a sickness within himself.”
|Ed. Note: Example is the TACOM and MSPB refusal to allow review on merits.|
|Ed. Note: This is a classic smoker symptom.|
That fact provides insight on prejudice. In schizophrenia, “simple cases are marked by . . . scarcity of acute psychotic symptoms,” as is likewise true with prejudice. Schizophrenia includes “blunted” aspects, as does prejudice. The “fragmentary” and “world of fantasy” aspects are also notorious. Prejudice involves emphasis on “trivialities” or other disproportionate aspects, like schizophrenia. “In schizophrenia, reality orientation is especially weak.” A supposed “threatening reality” may be a cause.
|Ed. Note: Example is noted as long ago as 1845.|
Prejudice has historically and notoriously been “justified” by claims of “threatening reality” of alleged behavior by the victims of prejudice. The paranoid aspects of prejudiced behavior also reflect “a sickness within.” Dr. Tussing at 345 indicates that “those individuals who are psychotic . . . have very little insight into their own conditions.” No doubt—both the psychotic and the prejudiced person have “a sickness within himself.”
|Page 86 of ____92___ pages.||Affiant's initials _________|