MAID SUIT: Boat company critic Windsor asks judge to recuse himself

Maid of the Mist Corp. critic William Windsor is striking back against a federal judge who earlier this month dismissed his motions in a case where he is alleging fraud upon the court.

Windsor, the Atlanta businessman whose son’s company has been involved in a lengthy court battle with Maid of the Mist, has filed an amended complaint asking Judge Richard Leon from the U.S. District Court in Washington to withdraw from a related case for having made “significant errors of law and fact” in his recent ruling on the soundness of another federal judge’s decision.

Windsor’s latest court filing characterizes Leon’s legal position as “erroneous” and asks an order he issued earlier this month be dismissed and his opinion be vacated.

“I amended the complaint as per the judge’s specifications and we are off to the races again,” Windsor said.

Maid of the Mist sued Alcatraz Media, a firm owned by Windsor’s son, several years ago in an effort to block the Atlanta-based company from selling vouchers to boat tours in the Falls. Judge Orinda Evans, chief U.S. District Judge in Georgia, presided over the case and ultimately sided with Maid’s position on all counts. Windsor later charged in court filings that Evans based her decision on fraudulent claims made by Maid of the Mist officials. He also filed professional misconduct complaints against Evans, contending that she withheld evidence in the case.

Earlier this month, Leon determined in a ruling of his own that Evans reviewed all 62 motions filed by Windsor with “great care” and Windsor’s claims against her have no standing because she is covered by judicial immunity. Evans also dismissed complaints against Maid of the Mist, determining that Windsor did not follow proper filing procedures.

Windsor has now amended his complaint in an effort to address Leon’s concerns. In his latest filings, Windsor suggests Leon erred in his handling of the case and did not fully investigate concerns that were raised about Evans’ conduct behind the bench.

“Windsor does not believe Judge Leon made these errors innocently,” a portion of the amended complaint reads. “It is Windsor’s belief that Judge Leon’s actions have been due to his personal prejudice for fellow judges and his personal bias against anyone who would have the audacity to sue a federal judge.”

The amended complaint suggests that Evans and other federal court judges have conspired to perpetrate fraud and have denied him as an aggrieved citizen the ability to have his concerns addressed by impartial parties.

Windsor has insisted that Maid officials won their argument in the voucher case based on “lies, false sworn pleadings, false pleadings, and discovery abuse.” Windsor also believes Maid of the Mist sued his son’s company in response to inquiries he made to the Niagara Parks Commission.

In his decision, Leon noted the Georgia court’s findings that Windsor engaged in “extreme litigiousness.” In his own decision, Leon characterized Windsor as a “serial filer” and suggested that his attempt to sue Maid officials in his court might be in violation of the court order issued by Evans on Dec. 22. As a result, Leon referred the case to the Northern District of Georgia to allow Evans to consider whether Windsor is in contempt of her order.

Windsor counters that Leon arrived at the conclusion that he was a “serial filer” based on a “preconceived bias” that came from information from outside the case. Windsor says in his amended complaint that the “slur” used by Leon was not based on any witness testimony or facts, but rather based solely on orders issued by Evans.

“Judge Leon’s actions prove that he has exercised his power for his own personal purposes rather than the will of the law,” Windsor’s complaint reads.

Windsor has vowed to challenge Evans’ ruling all the way to the Supreme Court if necessary. His latest filing calls upon members of Congress and other federal officials to investigate the situation.

“It should be federal policy that judges and government officials who break the law should lose any and all protection,” his complaint reads.