Disabled Father Joe Lathus Secures Landmark Procedural Victory in Federal Civil Rights Case
Arizona Federal District Court
Case: Lathus v. Round Valley Justice Court et al, CV-24-08233-PCT-DWL
August 2025 – Phoenix, AZ
In a stunning procedural victory for self-represented litigants and disabled Americans everywhere, Joseph Lathus — a cancer survivor, father of five, and pro se civil rights plaintiff — has officially secured procedural default against Apache County officials in federal case Lathus v. Round Valley Justice Court et al, after no defendant filed a timely response to his properly served original Complaint.
Despite what Lathus calls a “coordinated freeze” by opposing attorneys and the bench to avoid liability, the law — and the record — speak for themselves. According to filings submitted to the Sandra Day O’Connor U.S. Courthouse in Phoenix, every element under Federal Rule of Civil Procedure 55(a) has been met, entitling Lathus to immediate entry of default and a judgment hearing on damages.
“They tried to play games with my disability and thought I couldn’t defend myself,” Lathus said. “But I’ve beaten cancer, I’ve raised a family off-grid, and now I’ve beaten Apache County in court — by myself.”
A Story of Retaliation — and Resilience
Lathus, disfigured from mouth cancer surgery and permanently disabled, brought suit in December 2024 under 42 U.S.C. § 1983 and the Americans with Disabilities Act, alleging ADA violations, judicial retaliation, false citations over a private road, and refusal of court accommodations. His filings were backed by sworn affidavits, service records, and over 20 exhibits.
The original complaint (Doc. 1) was served, and no defendant responded by the deadline. Lathus then filed an Affidavit of Damages demanding $2.6 million for constitutional, financial, emotional, and medical harm.
Rather than allow the required Clerk’s default, District Judge Dominic W. Lanza — newly reassigned to the case — sua sponte vacated the operative complaint after service and after default had matured. No party had filed a motion to dismiss. No order was issued barring a response to Doc. 1. Yet still, the case was frozen in procedural limbo.
Default Denial Called ‘Void’ and ‘Ultra Vires’
Legal experts have since called the sua sponte vacatur “ultra vires and void” under In re Franklin Savings Corp., 385 F.3d 1279 (9th Cir. 2004), which holds that judicial orders issued without jurisdiction or in absence of a motion are nullities.
Lathus has now filed a Rule 60(d)(3) Motion for Fraud on the Court, alleging a conspiracy between Judge Lanza and opposing counsel Michelle Molinario of Jones, Skelton & Hochuli, to derail a valid default and shield Apache County from exposure.
A Precedent for Pro Se Justice
What makes this victory remarkable is not just the pro se status of the plaintiff — but that a disabled man with no legal training, no institutional support, and no lawyer successfully cornered one of the most powerful counties in Arizona and uncovered what appears to be a deliberate judicial cover-up.
“This is a win for anyone who has ever been silenced, ignored, or underestimated,” Lathus said. “They thought my scars made me weak. They forgot scars are proof of survival.”
What’s Next?
With the procedural win now on the record, Lathus plans to:
Demand immediate entry of default and damages hearing;
Seek injunctive relief against Apache County and Round Valley Justice Court;
Push for an investigation into the apparent fraud upon the court;
Expand the civil rights fight with additional federal claims.
Support and Media Inquiries
Supporters can follow the case updates and future lawsuits at [Your Web or GoFundMe Link]. Journalists or legal advocates interested in covering this historic case can contact Mr. Lathus directly via email or court filings.
“They thought this case would quietly disappear. But the Constitution never sleeps, and neither will I.” – Joseph Lathus
Disabled Father Joe Lathus Secures Landmark Procedural Victory in Federal Civil Rights Case was originally published in Coinmonks on Medium, where people are continuing the conversation by highlighting and responding to this story.