INITED STATES DISTRICT COURT 

FOR THE U.S !d:~ Htiere ;~ilJ RT 

DISTRICT OF NEW HAMPSHIRE Uh fi,:!L.!,Cy [',f! . , 

Lorw lli\Y 22 P 12: 22 

SHERRILL L. WHITE, pro se 

Plaintiff CIVIL RIGHTS COMPLAINT 

(42 U.S.c. § 1983, § 1985) 

-v- CIVIL ACTION 

NO. d 9 ---f;J -;J 0 

I 

MARK L. SISTI, PROFESIONALLY 

and in HIS PERSONAL CAPACITY 

Defendant 

CIVIL ACTION PURSUANT
 

TO 42 U.S.c. § 1983
 

NOW COMES BEFORE, this Honorable Court, the Plaintiff, Sherrill L. White, pro 

se, seeking, InForma Pauperis status, (see attached forms). My current mailing address 

is; P.O. Box 258, Linwood, Ma. 01525 

NOW FURTHER COMES BEFORE, this Honorable Court, the Plaintiff Sherrill L. 

White praying this Court allow me to proceed with this action against the above 

encaptioned Defendant. This complaint alleges that the Defendant violated my rights as 

guaranteed to me under the Constitution of the United States as follows. The Defendant 

violated, my; Sixth (6th

) and Fourteenth (14th) Amendment Rights by denying me; fair 

and effective representation, as guaranteed under the Sixth (6th

) Amendment and the 

right to due process, as guaranteed under the Fourteenth (14th

) Amendment. I, 

Case 1:08-cv-00206-JL Document 1 Filed 05/22/08 Page 1 of 10
appreciate the problem I face in bringing this complaint, and request only that the Court 

grant me a hearing, in the fairness and interest ofjustice. 

FACTS 

HISTORY 

It is important to bring to the knowledge ofthe Court that at the time ofthis incident I 

was a person with no criminal history at all. I was employed by U.S. Customs ... loved my 

job and was proud to be doing it. I had been promoted twice while I was there. The 

Deputy Sheriff in this issue had threatened me by saying, (the following is as close as my 

memory serves me, but it is very close) he was going to run me, and my two (2) children, 

out of the town and the County. Being a single mother who by myself, raised two (2) 

boys and people who know me say I did a good job of it. The oldest son was at Keene 

State, (where he finished 4 years) and went on to U. Mass. Lowell. The younger son was 

a little more of a challenge but has turned out very well, and is working and living near 

me in Massachusetts. Due to this case and the poor representation, this whole family has 

lost everything they worked very hard to earn. This family requests nothing other than to 

be heard. 

Procedural History 

1.	 On or about the lih of July, 2004 Mark Leonard called me at work, asking me, "what 

would you think if I came up to visit"? I told him, as closely as I can remember, the 

following, "you know you cannot come up here, all you will do is get me in trouble". 

a.	 I was working the 4 - 12 p.m. shift at the Beecher Falls, Port of Entry. Mark 

Leonard called me while I was on duty as a Custom Inspector. During this call, 

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was when he informed me that he was at my house. This phone call came in 

between 5:00 and 6:00 P.M. 

(i).	 My son was home at the time and I was afraid to tell Mark Leonard to leave 

in case he got violent and I did not want to endanger my son. (at this time I 

had an "order of protection" against Mark Leonard). 

b.	 During the night, due to the heavy rains and the flooding caused by the rains, a 

beaver dam broke up river from my house. This happened prior to my shift ending. 

Due to the flooding 2 of the bridges were washed out and they couldn't be crossed 

by automobile. The Sheriffs Department and the Border Patrol, were, escorting 

people across the bridge down the road from my house on foot. 

c.	 when I arrived to my house, Mark Leonard was still there. I told him to leave, then 

he threw in my face that the bridges were out and he couldn't leave. At this point I 

told him he had to go I didn't care how he got out. He kept bringing up the same 

story, I can't leave the bridges are flooded. 

2.	 On July 14th I learned that one lane of one bridge had been opened, I told Mark 

Leonard that he was to get his stuff and go. I went to bed around 6:00 p.m., because I 

had to be at work at midnight. I told him if he was there when I got up I was going to 

call the police. Mark Leonard told me okay I will be gone. 

a.	 I can see now that I should have stayed awake no matter how tired I was, to make 

sure that Mark Leonard actually left. 

3. On the 14th ofJuly, 2004 Mark Leonard was found at my house and arrested 

on a Felony complaint issued by the County of Essex Sheriffs Department 

a.	 I had told the Mark Leonard to remove himself from the premises 

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and my property.. .1 also had an "Order of Protection" which had been issued 

against him at my request. 

4. On the 19th of July, 2004 I was charged with being an accessory after the fact. 

5.	 On the 24th of July, 2004 I contacted Attorney Mark L. Sisti to defend me and at that 

time I retained his services. 

6.	 On the 29th ofJuly, 2004 Attorney Sisti filed a notice of Appearance. 

7.	 On August 5th, 2004 Attorney Sisti, submitted a request for discovery, by letter to 

State's Attorney Vincent Illuzzi. 

8.	 On September 2i\ 2004 Attorney Sisti, advised me by letter that I needed to sign a 

"Waiver of Appearance" and return it to him. 

9.	 On October 5th, 2004 Attorney Sisti, filed an, "assented to", motion to participate in 

"Phone Conference and Waiver of Defendant's Appearance." 

a.	 I did not assent to this, I did not even know what it meant, I felt Attorney Sisti 

would give me diligent and fair representation. This is not to be taken as 

an assent on my part. Later it will be shown where when I started to question 

Attorney Sisti, he became very cynical and asked me "why would you want to 

live where you're not wanted." 

10. On the 19th of October, 2004 the I was again contacted by Attorney Sisti, this 

time to inform me that I had a Court appearance on November 18th , 2004 at; 9:00 

a.m. 

11. On the 15th of December, 2004 the I was again contacted by Attorney Sisti, 

this time to send me "some" supplemental discovery he had received. This occurred 

again on the 19th and on the 21 st ofDecember, 2004 and then again on the 3rd of 

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January, 2005. 

12. On March 18th, 2005 Attorney Sisti once again notified me by letter that I 

was required to appear in the "District Court of Vermont" on June 1s

t, 2005 at 2:00 

p.m. for a motion for Exculpatory Material Hearing. 

13. On April i\ 2005 Attorney Sisti once again notified me by letter that I 

would be required to appear at the "District Court of Vermont" on June 2nd , 2005 at 

9:00 a.m. for jury selection. 

14. On May 19th, 2005 Attorney Sisti once again notified me that I would be 

required to appear at the "District Court of Vermont" on June 9th, 2005 for a trial. 

15. On June 1

s

t, 2005 I plead guilty at the request of my Attorney Mark Sisti, 

I informed him that I didn't want to do this, but, his comment was, "why would you 

want to live where you aren't wanted." 

CAUSE OF ACTION p.~y

My childreniX have been raised to believe that the law was a thing to be trusted and 

respected. That if there was ever a problem, you went to an attorney and/or the police and 

followed the legal system to it's just end. 

Having hired Attorney Mark L. Sisti I felt I would be vindicated, as I had done 

nothing wrong. In fact I had used the system and followed the suggestions of Deputy 

Sheriff Jeff Noyes in obtaining "Orders of Protection". I contacted the Sheriffs 

Department when Mark Leonard broke into my home. 

Then only to find out later that this same Deputy Sheriff, had told three (3) other 

women in the same week, as he had told me, that there was no law in the State of 

Vermont to prevent someone from walking into my house. After talking with friends, I 

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called the Vermont State Police, who dispatched a Trooper Ballinger to my home, where 

I was informed, that there is a law against someone walking into my home, after he took 

a statement he informed me that I was the third woman he had spoke to and they all had 

been told the same lie. 

After hiring Attorney Sisti, I tried to speak with him about the whole situation and he 

would hear none of it. Telling me, none of it would affect my situation. I asked him, 

"why would I call the Sheriffs Department when every time I do they never come and do 

anythin~'. (later statements made by the Deputy Sheriff will show this to be true). 

Attorney Mark Sisti, kept telling me he was waiting for an attorney out of his office; 

Wendy Roberts, to pass her Vermont bar and she would be representing me in this 

matter. Upon Attorney Roberts passing the bar in Vermont, it turned out she couldn't 

represent me because she was the attorney who had represented Mark Leonard, who I had 

prosecuted in New Hampshire for "Stalking me", he was convicted, and placed on 

probation and was ordered to stay away from me. 

Upon finding that his associate, Wendy Roberts, could not represent me, he 

\/-lo.s 

immediately started going for a plea bargain, thisAn direct conflict with my wishes. 

Attorney Sisti also was not happy with the fact that it was a two and a half hour (2 'is hr.) 

drive each way from his office to represent his client.. 

IJhaving no previous experience with the law, was not quite able to comprehend why I 

would plead guilty to something I had not done. I was informed that the best I was going 

to get was a plea to a misdemeanor. I did know that I had done nothing wrong and 

Attorney Sisti would do nothing that I requested to help me. 

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Attorney Sisti, by not helping me get a well prepared defense, denied me ofthe 

essential benefits that the Sixth (6th

) Amendment was designed to offer the Citizens of 

this Country. Attorney Sisti cannot justifY having failed in his fiduciary duty to me.. 

I tried another attorney by the name of Doug Wiley and he also could not represent me 

as his office had also represented Mark Leonard who was arrested at my house. 

The question that seems to be lurking in the shadows here is, "if Wendy Roberts an 

attorney in the Defendant's office had represented the other party, arrested at my house, 

how would there not be a conflict of interest? " Wendy Roberts had represented Mark 

Leonard when he was charged and convicted ofstalking me in New Hampshire. It would 

seem as though I could not get "effective representation". 

DISCUSSION 

Is it possible that there can be no fair representation? If this is to be, then it would 

appear the very foundation of the Constitution of this Country is on a downward slide. I 

am the Plaintiff in this case, I failed to be properly and fairly represented, and due to this 

was denied my right to "effective assistance of counsel and my right to due process". 

Ifthis is in fact a right under the Sixth (6th) Amendment and Fourteenth (l4th) 

Amendment, does this mean that I have no recourse? Or is this just a sad tale of woe by a 

person who having worked hard all my life, took a job as a person protecting my 

Country's borders only to find that, at any time, everything could be stripped away from 

me with no chance to plead my story because an attorney sworn to uphold the canons of 

his profession, felt it was too far away to travel, and wanted easy outcome of this case, 

even though it was in direct conflict with what his client wanted? 

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I am sure the Court will agree, to let something like this exist in the context of the law 

is a disgrace, to the attorneys who do work hard, are diligent in the defense of their 

clients and proffer forth the best work ethic they can achieve. The constitution everyday 

is put to the test. The only recourse people such as myself have is to come to the Court, 

usually in a situation that is far beyond their understanding of what they face to try and 

correct a wrong. These same people believe inherently that the Court will be there to 

show them that they do have rights and that those rights will be protected. 

Attorney Mark Sisti, failed this me ...by not doing anything to present a defense .. .1 

presented to Attorney Sisti, numerous documents and asked that he investigate the 

situation....as an example: 

Prosecutor Illuzzi ... writes a letter to a Trooper Ballinger concerning the very case 

that they claim Mark Leonard had a warrant issued against him for...saying that he felt 

(this is Prosecutor Illuzzi speaking) there was not sufficient grounds to prosecute Mark 

Leonard...then he writes a letter to the me ...making claim to the fact that I had called 

him and asked him to drop all charges.....and that he couldn't do so because the charge 

was too serious. The question here has to be "what is the truth" ... .1 cannot possibly be 

expected to know there was a warrant for Mark Leonard, after the letter to Trooper 

Ballinger Vincent Illuzzi saying that the State would not prosecute... J was never 

contacted again by the State or the Prosecutors Office, the Sheriff's Office or the State 

Police. Then it is alluded that Mark Leonard moved to Florida, which he never did. Ifthe 

crime was so serious, why did they not have him picked up? I have all the paper-work to 

substantiate everything that I am saying. Then there is the instance where the same 

Deputy Sheriff (Jeff Noyes) who charged me says he saw the me in Colebrook, New 

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Hampshire (right across the line from the my residence) with Mark Leonard. This would 

cause one to wonder, ifthis were true, why didn't he detain Mark Leonard...or at the 

least call the Colebrook Police which were less than a half mile up the street and have 

them arrest Mark Leonard....and when one considers the fact that Mark Leonard was also 

(this was also known to the Deputy) on probation for stalking me and was under an 

"order of protection" to stay away from the me ...why didn't Deputy Sheriff Jeff Noyes 

call the police if he felt, he was not in his jurisdiction. There is no doubt that he knew 

there was a warrant out for Mark Leonard, one ofthem was his. Could it not be possible 

that this person was stalking the me again? Deputy Sheriff Jeff Noyes could not have 

known whether we came in 1 vehicle or two, he never even inquired. 

"Did Mark Sisti look into any of these things?" NO! He made no attempt to do anything 

to provide even a lack-luster defense. 

INJURY 

The Plaintiff in this case has suffered injury as follows: 

1.	 Due to the ineffectiveness of Attorney Mark L. Sisti's representation I lost 

the following: 

A.	 I lost my job. 

B.	 I lost my home:
 

(l). This caused me and my family to lose everything we had worked for.
 

C.	 I went into a severe state ofdepression:
 

(1). This caused me to seek the services of a psychologist 3 times a week.
 

D.	 My credit went completely down the gutters, due to the fact that I was
 

unemployed.
 

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E. Me and my children's, reputations were slandered.
 

RELIEF SOUGHT
 

1.	 The return of the money I paid to Attorney Mark L. Sisti. 

A.	 Two Thousand dollars ($2,000.00) paid to Attorney Sisti and the removal from 

the credit bureau of a Thousand dollar ($1,000.00) default. 

2.	 Compensatory damages to be decided by a jury. 

3.	 Punitive damages to be decided by a jury. 

4.	 All paper work involved in my case. 

SUCH FURTHER RELIEF, as this Court deems fair and just. 

Plaintiff demands a trial by jury. 

Respectfully Submitted, 

Sherrill L. White, pro se 

P.O. Box 258 

Linwood, Ma. 01525 

DECLARATION UNDER PENALTY OF PERJURY 

The undersigned declares under penalty of perjury that I am the Plaintiff in the 

above action, that I read the above civil rights complaint and that the information 

Plaintiff's full name ' 

Executed at__________________ on 

(Location) 

IO 

_--=+-=----=--+-"'------":::....>0="-'-"­

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