U.S. District Court - Eastern District of Virginia

DANIELSON, CONNECTICUT, USA, March 8, 2022 /EINPresswire.com/ -- An entry of default has been requested against Connecticut prosecutor Elizabeth Leaming, former prosecutor Mark Stabile, Judge Jack W. Fischer, Judge Barry F. Armata, and Clerk Tammy Fluet for failure to answer or defend themselves in a $22 million federal lawsuit.

The federal complaint was filed against Leaming, Stabile, and their co-defendants on August 27, 2021 in the federal court for the District of Columbia by Plaintiffs Deafueh Monbo and Juahdi Monbo. The African-American professionals alleged that Leaming, Stabile, and their co-defendants forged court documents in order to initiate and maintain illegal prosecution against them.

According to court records, Leaming, Stabile, and their co-defendants were served with a copy of the complaint on September 8, 2021. An answer to the lawsuit was due by September 29, 2021.

When Leaming, Stabile, and their co-defendants failed to appear or answer the lawsuit by the September 29, 2021 deadline, the Monbos filed a request for an entry of default against them on October 5, 2021.

On October 7, 2021, Connecticut attorneys Alma Nunley and Stephen Finucane from Attorney General William Tong’s office attempted to appear in the case to represent the defendants, but the Monbos objected to their appearance, arguing that Leaming, Stabile, and their co-defendants were already in default, and that attorneys Nunley and Finucane could not represent the defendants because they are not licensed to practice law in the District of Columbia.

Court records show that the clerk did not enter the official default even though Federal Rule 55(a) mandates that the clerk must enter a default against a party that fails to respond to a lawsuit by the answer deadline.

“It’s apparent that the clerk refused to enter the default to prevent us from winning the lawsuit. However, we were entitled to an entry of default against the defendants, and the clerk should have entered it as a matter of law,” Monbo said.

Thereafter, on November 5, 2021, the Monbos brought a new lawsuit against District of Columbia court clerks Angela Caesar and Jacqueline Francis in the federal court for the Eastern District of Virginia for refusing to perform the ministerial task of entering the default against the defendants in the Monbo vs. Leaming case.

The lawsuit against Caesar and Francis seeks a declaratory judgment that an official default has entered against the defendants in the Monbo vs. Leaming case. The complaint also alleges that Caesar and Francis falsified and tampered with the court docket and records in the Monbo vs. Leaming case.

Caesar and Francis were served with legal papers but never responded, according to court documents.

On January 25, 2022, more than sixty days after Caesar and Francis failed to appear or answer the complaint, the Monbos filed for an entry of default against Caesar and Francis.

Court documents from the U.S. Eastern District Court of Virginia show that the Monbos’ request for an entry of default is uploaded onto the court’s docket. However, the official default has not been entered yet.

Once the clerk enters the official default, the Monbos will be able to obtain a default judgment against Caesar and Francis and the defendants in the Monbo vs. Leaming case.

The case number for the Monbo vs. Caesar lawsuit is 1:21-CV-01230-MSN-TCB in the United States District Court for the Eastern District of Virginia.

A copy of the complaint and exhibits from the Monbo vs. Caesar lawsuit are posted here and at www.ElementPressNews.com

SOURCE: The Monbos

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