A North Platte man who hoped to argue his case before the United States Supreme Court found out he won’t get the chance.

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Marlin “Bill” Jones, subject of a Bulletin cover story in October, received a notice from the clerk of the Supreme Court dated Nov. 16 that his petition for a writ of certiorari was denied.

Jones was appealing a decision reached by a jury in Lincoln County District Court in September 2008. The jury decided that Platteview Apartments was within their rights to evict Jones over alleged hygiene issues.

Jones was challenging the constitutionality of the government providing free legal representation to indigent people charged with crimes, but denying an indigent person like himself legal counsel in a civil matter.

In a letter to the Bulletin following the Supreme Court’s decision, Jones said, “I was not even given an opportunity to prove my arguments. They just refused to hear my case.”

The letter went on to say, “If I was black, (a) child-molester, gay, an illegal alien or a terrorist, then I would have been afforded my rights.”

Jones reiterated his belief that his basic human rights were violated when he was removed from his apartment.

“I have spent seven years on this case as an indigent party and it is a matter of fact, there is no justice for anyone who cannot afford an attorney,” the letter stated.

He also said he had not violated any law and that being denied legal counsel is court-endorsed discrimination.

Jones reserved some of his vitriol for the judges, both in Lincoln County and in Washington.

“It is also a fact that courts and presiding judges are like birds that flock together and sleep in the same nest,” he said.

Jones had previously accused Judge Donald Rowlands of being biased against him.

Jones also stated in the letter, “I am so damned ashamed of our justice system, I plan to renounce my citizenship.”

“They have destroyed my life and denied me peace and tranquility in my golden years,” he said, referring to opponents in the lawsuit and the judges.

In another faxed letter, Jones stated his intent to file “a petition for a re-hearing” immediately, though he has until Dec. 11 to do so.

“It is not over with yet! My petition is about completed and it is quite strong as my last resort.”

The suit

Jones filed the lawsuit in 2004 after he was evicted from Platteview Apartments.

Jones was seeking $250,000 in damages from the apartment complex, the development company that owns it and a contractor that maintains it.

In the lawsuit, Jones said he suffered “extreme abuse” while living at Platteview since shortly after his arrival there Nov. 13, 2002.

The lawsuit said Jones suffered “humiliation, intimidation, retaliation, conspiratorial acts, defamation of his character, filing of false evidence, intentional damage and deprivation of his right to organize on behalf of tenants causing reprisal against him.”

Jones said, in the suit, that he was only trying to reside in peace and comfort as a qualified tenant under the low-income housing provided by the office of Housing and Urban Development.

The suit also said that he notified the apartment manager that the toilet in his apartment was defective.

Management insisted that Jones failed to adhere to standard levels of hygiene and was himself responsible for the mess in his apartment’s bathroom and the foul odor that accompanied it.

According to the suit, Jones sought the opinion of two qualified local plumbers who both recommended replacing the toilet and City Code Enforcement Officer Dave Hahn, who cited Platteview Apartments.

The lawsuit said Jones attempted to organize the tenants and had 23 signatures on a petition complaining about the management and maintenance.

At a meeting Feb. 8, 2004, the suit said Terry Burns, who is head of the Iowa company that manages Platteview, told the tenants he “would not fire manager Jeanne Hinrich” and told the group the company “had plenty of money.”

Burns himself characterized the meeting as “lots of commotion and verbal altercations.”

As a result of Burns’ threats and intimidation, the suit said, petitioners asked Jones to take their names off the list “for fear of further reprisals such as losing their homes.”

But Burns testified that his company, Midstates Development, welcomed tenant associations and that he downloaded HUD guidelines for tenant organizations for the group.

“We encouraged them,” Burns said.

The lawsuit said Hinrich conspired with Snell Services to then enter Jones’ apartment without his knowledge and “fabricated a report … used as ground for eviction.”

The lawsuit said the entry was a violation of the Landlord Tenant Act and state law since the apartment complex did not provide a 24-hour notice.

After a two-day trialin Sept. 2008, about two hours of deliberation yielded unanimous verdict in favor of Platteview Apartments.

Jones testified that a defective and leaky toilet caused the problems in his bathroom and seepage that caused the odor.

Officials with Midstates and Platteview Apartments said Jones had a “housekeeping problem” that resulted from his urinating on the floor, the toilet, the walls and the bathtub of the apartment.

Midstates, located in Sioux City, Iowa, evicted Jones from the apartment after verbal then written warnings did no good and even probation failed.

An attorney for Midstates, Jonathan J. Blum of Omaha, told the jury that the case was really very simple and all came down to credibility – who they believed.

“The facts will show that Mr. Jones just couldn’t keep a clean bathroom,” Blum said. “He was given four written notices and put on probation but the problem kept coming back.”

Blum said the apartment’s on-site managers found urine on the floor and walls and bathtub of the apartment and that there a “terrible odor that hit you in the face.”

Jones said that their claims are false, slanderous and libelous. He said their statements and their eviction of him cost him his Section 8 government housing allowance and left him homeless. He was reduced to sleeping in his car, he stated.

Jones, who never studied the law, argued his case himself throughout the jury trial in Lincoln County District Court. He said he was on a fixed income and not able to hire an attorney, though he said he made a good faith effort to find one.

Jones was unhappy with the verdict.

“It was an absolute travesty of justice,” Jones said. “It is unbelievable that a jury could declare my evidence totally unbelievable and believe that the testimony of defendants Terry Burns and Jeanne Hinrich was true.”

Burns testified during the trial that the only repair they had to do to the toilet after Jones was evicted was “tighten the bolts.”

Jones said he believes that Lincoln County District Judge Donald Rowlands was prejudiced against him.

Rowlands had dismissed Jones’ case in an earlier hearing and Jones appealed. The Nebraska Court of Appeals overturned Rowlands dismissal and he reinstated the case.

Since then and because the case was reinstated, Jones believes Rowlands treated him unfairly. Jones even asked Rowlands to recuse himself but he refused.

“Even though it was a jury trial, Judge Rowlands still had absolute control over the case and what the jury was allowed to hear,” Jones said. “Obviously he didn’t want the jury to know about his prejudice.”

“But throughout the trial, the jury did not know that Judge Rowlands was in collusion with Blum,” Jones said. He said Rowlands would not allow private investigator Jon McNeel to testify or to present his video recordings in his apartment but the judge allowed other photographs from the defense into evidence.

Jones said he did the best he could but believes the jury was overwhelmed by Blum in his closing remarks.

One jury member told the Bulletin last year that they did not believe the toilet was faulty, the just thought “he was a bad shot.”

After appeals with the Nebraska Court of Appeals and Nebraska Supreme Court went unheard, Jones submitted a petition to the U.S. Supreme Court in October.