Summons #6091 Version 2.04
Attorney Douglas Palaschak Box 678 Merlin, Oregon 97532
Dlawyerdude@gmail.com 541 476 8954
Counsel for Plaintiff Pro Se Who is Receiving a Traffic Ticket.
The attached complaint will be published at www.lawyerdude.netfirms.com/6091.html
Please check periodically for amended complaint and details of this traffic stop.
Click through the html copy to download editable copies at www.lawyerdude.netfirms.com/6091.wpd
www.lawyerdude.netfirms.com/6091.rtf and www.lawyerdude.netfirms.com/6091.pdf
Federal Summons
and Complaint
To the Police Officer who signed the ticket and to any tow truck driver, jailer, sheriff, or other conspirator:
YOU ARE HEREBY SERVED and SUMMONED. You are required to file an answer to this attached complaint within 30 days. You must file your answer in the U.S. district court for this district. You must also serve your answer upon plaintiff's attorney who is Attorney Douglas Palaschak, Box 678 Merlin, Oregon 97532 Dlawyerdude@gmail.com 541 476 8954.
If you fail to do so, judgement by default will be taken against you for the relief demanded in the complaint.
Warning: Accept this Summons and Complaint and read it carefully! You ignore it at your own peril. Service is complete whether or not you acknowledge receipt. You are a state actor violating the constitutional rights of this driver under false color of law. As such you are subject to liability for punitive damages which may include substantial monetary damages, injunctive relief (including a court order to STOP issuing tickets) , and declaratory relief. This driver is a Private Attorney General as explained herein.
- Douglas Palaschak
Proof of Service of Summons and Complaint
(To be filled out by Plaintiff who is receiving the traffic ticket after departure from ticket location.)
I certify the following: On (date and time) _________________________ I was the victim of a traffic stop at the address listed on the traffic ticket. Then and there I served this summons and attached complaint upon the officer, tow truck driver, or other conspirator who had the following name: ____________________.
Signed _______________ Date: ______________
“Section 1983. Civil action for deprivation of rights : Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State . . . subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. . .”
See also Section 1985 and RICO: http://www.lawyerdude.netfirms.com/1983.html
“We will appoint as justices, constables, sheriffs, or bailiffs only such as know the law of the realm and mean to observe it well.” - Magna Charta
The Complaint begins on the next page.
Attorney Douglas Palaschak Box 678 Merlin, Oregon 97532
Dlawyerdude@gmail.com 541 476 8954
Counsel for Plaintiff Pro Se Who is Receiving a Traffic Ticket.
The attached complaint will be published at www.lawyerdude.netfirms.com/6091.html
Please check periodically for amended complaint and details of this traffic stop.
Click through the html copy to download editable copies at www.lawyerdude.netfirms.com/6091.wpd
www.lawyerdude.netfirms.com/6091.rtf and www.lawyerdude.netfirms.com/6091.pdf
U.S. District Court
for the _______ District of _________
Address: U.S. Courthouse
Clerk of Court telephone number:_________
Website: http://www.iasd.uscourts.gov/ or comparable facsimile
Me _________________,
Private Attorney General
and all other similarly situated. .
v
Officer who signed my traffic ticket,
Employer of the officer who signed my ticket,
Sheriff who imprisoned me,
The County who runs the jail without a law library,
Tow truck operator driver,
Owner of tow truck,
Defendants
Case number: 06 CV _______
Complaint for Money Damages, Punitive Damages, Declaratory and Injunctive Relief under 42 USC 1983 et seq. and RICO.
Request for Class Certification under Rule 23.
Demand for Jury.
Equity Delights in Justice - and not in halves.
California Civil code §3528: The law respects form less than substance.
California Civil Code §3523 For every wrong there is a remedy.
California Civil Code §3539 Time does not confirm a void act.
Table of Contents:
Basis for Jurisdiction - 42 USC 1983
Basis for Venue for this action.
I don’t know the names of all who conspired here.
Summary of the Case. You have violated my constitutional rights under false color of law.
General allegation pertaining to all causes of action:
Definition of the class: Members of the Patriot Anti-government movement.
The police are “out to get” us members of the patriot anti-government movement.
2nd group of causes of action: Replevin and Fuentes denial of due process.
Causes of Action: Trespass and Trespass to chattels.
Cause of action: Continuing Trespass to our car and Taking of my car
Cause of action: false imprisonment
My Rights as a State Citizen. I drive without license from the state. I co-own the roads
patriot anti-government movement
Conspiracy to violate my civil rights 42 USC 1985
After stopping me for traffic law – they fail to obey traffic laws
They took my car; I was innocent. They should have returned it.
This was my last car; it was exempt from levy and impoundment
Memorandum of Authorities: Section 627.6 and similar code exempts one car. That car is exempt!
Deprivation of constitutional rights at County Jail
Exemplary Damages: $3,005,000.
Declaratory Relief: Right to drive. Right to use the roads.
Attorney Fees, Witness Fees, and Costs pursuant to RICO and 42 USC 1988.
Declaration of Attorney Palaschak
Appendix: RICO list of predicate crimes: 18 USC 1961
Basis for Jurisdiction - 42 USC 1983
1. This court has jurisdiction under 42 USC §1983 et seq.
2. This court has jurisdiction under the U.S. constitution which is, after all, self-enabling. Authority: Bivens v Six Unknown Agents of the Federal Bureau of Narcotics (1971) 29 L Ed 2d, 403 US 388, 91 S Ct 1999
3. This court has jurisdiction pursuant to the concept of pendant jurisdiction.
4. This court’s code for the main cause of action is 42:1983.
Basis for Venue for this action.
5. Venue is proper here because the acts forming the basis of the complaint happened in this judicial district.
6. Venue is proper here because the plaintiffs and defendants all reside in this judicial district.
7. The tow company conspired with the police to take cars and make money.
8. This is a racket and is prohibited by federal law.
9. I am entitled to damages pursuant to the RICO act.
I don’t know the names of all who conspired here.
10. I don’t know the names of many of the people who committed these torts but I will amend as necessary.
Summary of the Case. You have violated my constitutional rights under false color of law.
11. I need not prove my case and present all the evidence here; I merely need to make a plain statement of facts pursuant to Federal Rules of Civil Procedure, rule 8.
12. The defendants violated my rights.
13. I have a cause of action pursuant to 42 USC section 1983 which reads as follows:
“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitutions and laws shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress . . .”
General allegation pertaining to all causes of action:
14. I assert every other paragraph of this complaint into every cause of action.
15. In committing the acts described herein all defendants subjected me to deprivation of our rights, privileges, and immunities secured by the U.S. Constitution and the state constitution and the laws made thereunder.
16. All Defendants acted under color of statutes, ordinances, regulations, customs, and/ or usage, of the state of ______, county of________, and/ or City of _________, and county and other laws and regulations.
17. All defendants are liable to us in an action at law, suit in equity, or other proper proceeding for redress.
18. I demand redress.
19. I set forth the details as follows.
1st case of action: being out-to-get me in retaliation and due to political beliefs and wealth based discrimination.
20. Authority: Olech v Village of Willowbrook, 160 F.3d 386 (7th Cir.1998) found at this following link: http://www.lawyerdude.8m.com/5126.html
21. The police are “out to get us”.
Definition of the class: Members of the Patriot Anti-government movement.
22. Being “out to get us” and acting on it constitutes a cause of action according to the U.S. Supreme Court as stated in the case of Olech v City of Willowbrook. http://www.lawyerdude.8m.com/5126.html
23. Defendants have inflicted upon me numerous violations of my rights and disproportionate police scrutiny due to my attempts to assert my constitutional rights.
24. The police are “out to get” us members of the patriot anti-government movement.
25. Some of the acts of the police in retaliation are listed in this complaint.
26. Being “out to get us” is actionable under section 1983. That is the ruling of Olech cited above.
2nd group of causes of action: Replevin and Fuentes denial of due process.
27. This court has pendant jurisdiction for common law torts that arise from the events of this violation of my civil rights.
28. This deprivation of the right to use my car is a continuing tort.
29. No statute of limitation pertains.
30. It is a continuing trespass to chattels.
31. If Firestone cannot repossess the gas stove of Margarita Fuentes without a hearing then surely the state cannot take my exempt car without a pre-deprivation hearing.
32. This is the logic of Fuentes v Shevin (1972) 407 U.S. 67 http://www.lawyerdude.netfirms.com/fuentes.html
33. This Fuentes case is cited by Caroline Kennedy in her paperback book entitled In Our Defense.
Causes of Action: Trespass and Trespass to chattels.
34. Defendants trespassed to my car.
35. They denied me a hearing before taking it.
36. There was no exigency justifying the taking of my car without a hearing.
37. The denial of due process precluded the taking from being legal - despite its being “under color of law”.
Cause of action: Continuing Trespass to our car and Taking of my car
38. This case arises from a pretextual traffic stop.
39. The stop happened on this date and time ___________ at this location: _______________.
40. Police and the tow company and the city/ county conspired to violate debtor exemptions and the constitution.
41. They permanently deprived me of my car.
42. Then they took me to jail in handcuffs.
Cause of action: Violation of my right to remain silent
43. I exercised my right to remain silent.
44. Then the police badgered me into talking.
45. I have a deeply held religious belief against self-incrimination.
46. Our constitutional proscription against self-incrimination is rooted in the refusal of Jesus to answer Pontius Pilate as related in the gospel of St. Luke, chapter 27, verse 11.
47. I invoked my right to remain silent.
48. I am a political activist.
49. I am a statesman.
50. I help others to vindicate their civil rights.
51. I am a Private Attorney General as that term is defined in Newman v Piggie Park (1968) 390 U.S. 400 here: http://www.tompeace.s5.com/piggie.html .
Cause of action: false imprisonment
52. The conspirators arrested me and imprisoned me on date written on the attached ticket.
53. This arrest and imprisonment was in retaliation for my having exercised my 4th amendment right to remain silent.
54. This arrest and imprisonment was in retaliation for my having exercised my right to petition for redress of grievance in the 8 to 12 political petitions on my dashboard.
55. The conspirators arrested and imprisoned me in violation of the privilege and immunities clause.
My Rights as a State Citizen. I drive without license from the state. I co-own the roads
56. We members of the patriot anti-government movement assert and thereby preserve our unadulterated rights to use our roads.
57. Our ancestors built these roads with their own hands in the days before the DMV and other predatory agencies.
58. In the old days my ancestors were required to spend some time each year paving dirt roads with macadam rock.
59. If they had a team of horses and a wagon then they were expected to bring rock from the quarry to the road.
60. They did this work to provide a better future for me and others similarly situated.
61. In the beginning there was no license to use the roads.
62. By stealthy encroachment the state has now attempted to interpose itself between me and the road that I am entitled to use.
63. Defendant Officer and his conspirators violated my rights as a state citizen.
64. These rights of a state citizen embrace more that what is enumerated in the bill of rights.
65. Indeed the enumeration of certain rights does not preclude the existence of other rights - 9th amendment.
66. I was on the day of the ticket entitled to equal protection of the laws including the right to the convenience of a traffic ticket.
67. Defendants who participated in my incarceration committed the torts of false imprisonment and abuse of process . ..
68. For which I am entitled now to redress.
69. Defendant Officer and his conspirators arrested me and imprisoned me as described elsewhere herein.
70. This false arrest constitutes a violation of the constitution and is actionable herein under section 1983 and 1985.
71. I assert every other paragraph of this complaint into every cause of action.
72. In committing the acts described herein all defendants subjected me to deprivation of my rights, privileges, and immunities secured by the U.S. Constitution and the Iowa constitution and the laws made thereunder.
73. All Defendants acted under color of statutes, ordinances, regulations, customs, and/ or usage, of the state of Iowa, City of Davenport, and county and other laws and regulations.
74. All defendants are liable to us in this action at law, suit in equity, and/ or other proper proceeding for redress - whatever you want to call it; the law respects substance more than form.
75. I demand redress.
Conspiracy to violate my civil rights 42 USC 1985
76. They cuffed my hands behind me and made me sit on them in the crowded back of the squad car.
77. As usual my circulation became impaired by the handcuffs as I sat on them behind my back.
78. They and put me into the back of a badly designed squad car.
79. All defendants conspired to deprive me of my rights.
Title 42, Section 1985 Paragraph “2) Obstructing justice; intimidating party, witness, or juror If two or more persons in any State or Territory conspire to deter, by force, intimidation, or threat, any party or witness in any court of the United States from attending such court, or from testifying to any matter pending therein, freely, fully, and truthfully, or to injure such party or witness in his person or property on account of his having so attended or testified,
or to influence the verdict, presentment, or indictment of any grand or petit juror in any such court, or to injure such juror in his person or property on account of any verdict, presentment, or indictment lawfully assented to by him, or of his being or having been such juror;
or if two or more persons conspire for the purpose of impeding, hindering, obstructing, or defeating, in any manner, the due course of justice in any State or Territory, with intent to deny to any citizen the equal protection of the laws,
or to injure him or his property for lawfully enforcing, or attempting to enforce, the right of any person, or class of persons, to the equal protection of the laws;
(3) Depriving persons of rights or privileges If two or more persons in any State or Territory conspire or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws;
or for the purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws;
or if two or more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified person as an elector for President or Vice President, or as a Member of Congress of the United States;
or to injure any citizen in person or property on account of such support or advocacy; in any case of conspiracy set forth in this section, if one or more persons engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or property, or deprived of having and exercising any right or privilege of a citizen of the United States, the party so injured or deprived may have an action for the recovery of damages occasioned by such injury or deprivation, against any one or more of the conspirators”
80. All defendants conspired to injure me for exercising my right to remain silent.
81. Defendant Officer and his conspirators did this in retaliation for my having exercised a constitutional right.
82. I am entitled to redress under section 1985 for this and other reasons as seen in the text of the statute.
83. After stopping me for traffic law – they fail to obey traffic laws
84. Having arrested me for a traffic offense. I suspect that they themselves were not wearing seatbelts.
They took my car; I was innocent. They should have returned it.
85. They took my car without any hearing.
86. Based on information and belief they sold it and kept the booty.
87. They told him that the police came and filled out some papers to take the car.
88. They can’t do that.
89. It violates due process.
This was my last car; it was exempt from levy and impoundment
90. Throughout the United States you can’t take a persons last car!
Memorandum of Authorities: Section 627.6 and similar code exempts one car. That car is exempt!
91. I contend that an exempt car may not be impounded and disposed.
92. Iowa’s exemption law can be found as follows:
93. From Iowa statutes (as found on www.findlaw.com. Click on “cases and codes” Then click onto Iowa. Then click onto “2001 merged codes”. Then click onto “table of contents”. Then look for section 627:
“ 627.6 General exemptions. . ..
9. Any combination of the following, not to exceed a value of five thousand dollars in the aggregate:
a. Musical instruments, not including radios, television sets, or record or tape playing machines, held primarily for the personal, family, or household use of the debtor or a dependent of the debtor.
b. One motor vehicle.”
94. I demand a pre-trial return of my property.
95. I demand a jury.
Deprivation of constitutional rights at County Jail
96. They took me to the County jail.
97. They strip searched me.
98. All of this was in retaliation for my having asserted my constitutional right to drive.
Cause of Action: No Law Library at the jail constitutes denial of meaningful access to the courts.
99. I was deprived of access to a law library at the jail.
No word processor or internet access deprived me of meaningful access to the courts while at the jail.
100. I was deprived of access to a word process.
101. I was deprived of access to the internet.
102. I was deprived of meaningful access to the courts.
103. The police had no right to arrest me; a ticket would have been sufficient.
104. The police around this country are out of control.
105. They do what they do to raise revenue.
106. They trample on our rights as described herein.
107. If they had no right to arrest me, then I contend it was kidnaping for the purpose of extorting money from me.
108. Extortion and kidnaping are predicate RICO crimes as shown in 18 USC 1961 appended hereto.
109. 1028 and 1341 of 18 USC are also candidates for predicate crimes.
110. The actions are an ongoing racketeering enterprise directed against any body in the city.
111. The purpose is to steal from one class and give to the other class consisting of city employees.
Wherefore I ask for the following remedies:
Injunctive Relief: Order the county to build a new jail with a law library, word process, and internet access and to make it available on 24 hour basis to all inmates.
112. I ask this court to order the defendant county/ municipality to build a new jail with a law library, word process, and internet access and to make it available on 24 hour basis to all inmates.
Injunctive Relief: Return of my car.
113. For the remedy of replevin; return of my car.
114. Compensatory Damages.
115. For compensatory damages of $1,000,000.
116. Exemplary Damages: $3,005,000.
117. For exemplary damages of $5,000 from the officer who wrote the ticket and from the tow truck driver.
118. For exemplary damages of $3,000,000 from the agency that employed the officer.
119. Triple Damages pursuant to RICO.
120. For triple damages pursuant to RICO statute.
Declaratory Relief: Right to drive. Right to use the roads.
121. The right to use the roads is fundamental.
122. Here is a link to list of briefs vindicating that right. http://www.lawyerdude.8k.com/right2drive.html
123. I ask this court for declaratory relief in this regard.
Attorney Fees, Witness Fees, and Costs pursuant to RICO and 42 USC 1988.
124. I ask for attorney fees, witness fees, and costs pursuant to RICO and 42 USC 1988.
125. For such other relief as the court may deem appropriate.
Jury Demand.
126. I demand a jury.
Signed ___________________________Plaintiff. Date ___________.
Declaration of Attorney Palaschak
I, Douglas Palaschak, declare the following under penalty of perjury: I am a lawyer with 22 years of experience. Most of my work is in the area of bankruptcy and civil liberties. I was a civil libertarian before I went to law school.
We are slowly become a more fair society by following the constitution. Under Bell v Burson (1971) 402 US 535, 29 L Ed 2d 90, 91 S Ct 1586 http://www.circuitlawyer.8m.com/Burson.html you cannot take a person’s property or liberty without Due Process of Law.
Under bankruptcy law the court can recapture assets.
Under the exemption laws in most states -- you cannot take a person’s last car.
The right thing to do here is track down that car and give it back to plaintiff. Then sue whoever for any impound fees. I know that is not what you have been told - but for 200 years oppression reigned. Those days are over. Do the right thing. You made the same mistake. Taking his car is excessive! Who takes the cars from the policemen who don’t buckle up? Why is it that every law is enforced by giving booty to the police?
________________________ - Douglas Palaschak
Appendix: RICO list of predicate crimes: 18 USC 1961
The following is excerpted from http://www.lawyerdude.netfirms.com/1983.html
Section 1961. Definitions: As used in this chapter - (1) ''racketeering activity'' means
(A) any act or threat involving murder, kidnaping, gambling, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing in a controlled substance or listed chemical (as defined in section 102 of the Controlled Substances Act), which is chargeable under State law and punishable by imprisonment for more than one year;
(B) any act which is indictable under any of the following provisions of title 18, United States Code:
Section 201 (relating to bribery),
sections 891-894 (relating to extortionate credit transactions),
. . .
section 1084 (relating to the transmission of gambling information),
. . .
section 1343 (relating to wire fraud),
section 1503 (relating to obstruction of justice), section 1510 (relating to obstruction of criminal investigations),
section 1511 (relating to the obstruction of State or local law enforcement),
section 1512 (relating to tampering with a witness, victim, or an informant),
section 1513 (relating to retaliating against a witness, victim, or an informant),
sections 1581-1588 (relating to peonage and slavery),
section 1951 (relating to interference with commerce, robbery, or extortion),
section 1952 (relating to racketeering),
section 2321 (relating to trafficking in certain motor vehicles or motor vehicle parts),
sections 2421-24 (relating to white slave traffic),
, , ,
(5) ''pattern of racketeering activity'' requires at least two acts of racketeering activity, one of which occurred after the effective date of this chapter and the last of which occurred within ten years (excluding any period of imprisonment) after the commission of a prior act of racketeering activity;
End
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