Sato v. Plunkett

154 F.R.D. 189, 1994 U.S. Dist. LEXIS 3461, 1994 WL 94030
District Court, N.D. Illinois·Decided March 15, 1994·No. No. 94 C 60·Published·Cited by 29 cases

Opinion

OPINION

EASTERBROOK, Circuit Judge.

Some litigants refuse to accept defeat. On they wade, naming the judges and lawyers in the prior case as additional defendants in an ever-widening conspiracy.

Mark Sato is such a person—and he finds it easy to believe that the judges who rule against him are malefactors, for he seems to think that everyone is in cahoots with the forces of evil. The complaint in this case accuses Presidents Bush and Clinton of treason, asserts that the Anti-Defamation League of B’nai B’rith is involved with the Mossad and Bank Leumi in a “treasonous” scheme to launder money, and alleges that Fidel Castro has exposed “the deep involvement of the Chicago mob in the assassination of President John F. Kennedy.” Complaints in earlier cases assert that a “Vatican/P-2/Mafia” conspiracy is responsible for most of the world’s ills. (The complaint in this case says that “P-2” is “an Italian/Catholic Masonic organization originally formed under the influence of British Masons” and may include “high officials in the Mormons”). For some of Sato’s judicial sallies, all of which have been dismissed, see Sato v. Katz, 1994 WL 72260, 1994 U.S.Dist. LEXIS 2600 (N.D.Ill.); Skolnick and Sato v. Doria, 1994 WL 63044, 1994 U.S.Dist. LEXIS 1766 (N.D.Ill.); Sato v. Kwasny, 1993 WL 498339, 1993 U.S.Dist. LEXIS 16870 (N.D.Ill.) (and earlier proceedings in the same case, reported at 1993 WL 460842,1993 U.S.Dist. LEXIS 15693,1993 WL 413953,1993 U.S.Dist. LEXIS 14549, 1993 WL 157461, 1993 U.S.Dist. LEXIS 6402); Sato v. Federal Emergency Management Agency, 1991 WL 10036, and 1991 WL 94052, 1991 U.S.Dist. LEXIS 814 and 6949 (N.D.Ill.); Sato v. Tabor, 579 F.Supp. 1170 (N.D.Ill.1983). Sato does not appeal from his defeats; instead he files new litigation. This is one such endeavor. It names as defendants the original parties to the Kwasny litigation, adding District Judge Plunkett, who ruled against him. The Kwasny litigation was itself a follow-on suit, naming as defendants the state judge and lawyers involved in a probate case, In re Estate of Antonia Kwasny, No. 91 P 011245 (Cir.Ct. Cook County 1992), that did not come out as Sato had hoped.

Mark Sato has been before the court as defendant, too. He failed to file tax returns and was ordered to pay back taxes. See United. States v. Sato, 704 F.Supp. 816 (N.D.Ill.1989) (and additional proceedings reported at 1990 WL 70482, 1990 U.S.Dist. LEXIS 5467, 90-1 T.C. ¶ 50,278; 1990 WL 186399, 1990 U.S.Dist. LEXIS 15584). Sato’s belief that the sixteenth amendment to the Constitution does not exist, and that the national government therefore lacks the power to collect income taxes without apportionment among the states, led his father Joseph Y. Sato to grief. As the court of appeals reported when affirming Joseph Sato’s conviction for tax offenses:

For fifteen years prior to the 1982 tax year, [Joseph Y.] Sato dutifully filed federal income tax returns and usually without incident. In the years 1978 through 1981, Sato’s son, Mark, prepared Sato’s tax returns, which included deductions for the “Sato Family Trust.” These deductions became the focus of IRS audits. The trust deductions were disallowed and the IRS notified Sato of additional taxes due. ... Sato failed to file tax returns for the 1982, 1983 and 1984 tax years. At trial on criminal charges of willful failure to file tax returns ... Sato offered as a principal theory of defense that he relied on his son’s advice with respect to tax matters and, therefore, the government could not prove Sato “willfully” failed to file.

United States v. Sato, 814 F.2d 449, 450 (7th Cir.1987). The jury, and ultimately judges of both the district court and the court of appeals, rejected Joseph Sato’s defense. Per[191] haps this accounts for Mark’s antipathy toward the federal judges of Illinois. Since that decision Mark has accused the entire federal judiciary of running a “ ‘Dope Underground,’ an illegal narcotic drug dealing organization which operated throughout the [federal] buildings and involves virtually all the federal judges and/or their personnel in Chicago,” of receiving extra pay through offshore accounts (apparently with the aid of Cardinal Joseph Bernardin), and of taking bribes. According to the complaint in this case, Judge Plunkett is “the chairman of the bribery committee for federal judges of 7th Circuit.”

Judge Alesia, to whom this latest complaint was assigned, recused himself because a fellow judge was among the defendants. The chief judge of the circuit designated me to hear cases in the district court, and the Executive Committee of the district court then transferred the case to me so that decision could be rendered by a judge who is not a colleague of any defendant.

Judge Plunkett has moved to dismiss the complaint, asserting judicial immunity. See Stump v. Sparkman, 435 U.S. 349, 98 S.Ct. 1099, 55 L.Ed.2d 331 (1978). Nothing in the complaint alleges that Judge Plunkett has acted adversely to plaintiffs other than in a judicial capacity, and within his jurisdiction. Being chairman of a “bribery committee” would not be within a court’s jurisdiction, but the complaint does not allege any connection between this supposed “office” and injury to the plaintiffs.

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Sato v. Plunkett, 154 F.R.D. 189, 1994 U.S. Dist. LEXIS 3461, 1994 WL 94030 (N.D. Ill. 1994).

154 F.R.D. 189 (Sato v. Plunkett) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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