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Gina V Leigh Saufley Amended Complaint 42 Usc 3601 Filed
Gina V Leigh Saufley Amended Complaint 42 Usc 3601 Filed
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GinA
on her own behalf, and as Next Friend to the
court on behalf of all other low income disabled
and homeless tenants in Maine who are now,
have ever been or may ever be similarly situated,
Plaintiff
v
Leigh Saufley
in her individual and official capacities
as an employee of the Maine Judicial Branch and
as Chief Justice of Maine Supreme Court
Joseph Jabar
VERIFIED
AMENDED COMPLAINT
Violation of
42 USC 12132,
42 USC 3601, 3604(f) & 3617,
28 USC 1746,
1st, 7th, and 14th Amendments
Donald Alexander
in his individual and official capacities
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Michaela Murphy
in her individual and official capacities
as an employee of the Maine Judicial Branch and
as Judge of Kennebec County Superior Court
Valerie Stanfill
in her individual and official capacities
as an employee of the Maine Judicial Branch and
as Judge of Augusta/Waterville District Courts
Defendants
Table of Contents
I.
INTRODUCTION ................................................................................... 5
II.
III.
IV.
PARTIES ............................................................................................... 16
GinA ................................................................................................................... 16
Leigh Saufley..................................................................................................... 17
Joseph Jabar ..................................................................................................... 17
Donald Alexander ............................................................................................. 18
Robert Mullen ................................................................................................... 18
Donald Marden.................................................................................................. 18
Michaela Murphy .............................................................................................. 18
Valerie Stanfill .................................................................................................. 18
V.
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VII.
VIII.
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I.
INTRODUCTION
GinA brings this civil action against Leigh Saufley, Joseph Jabar, Donald
Alexander, Donald Marden, Robert Mullen, Michaela Murphy and Valerie Stanfill
in their individual and official capacities as government agents for the State of
Maine Judicial Branch and as justices and judges for the Maine Judicial Branch.
Each Defendant is legally bound by all canons, maxims of law, code of judicial
conduct, rules of procedure, statutes, Constitution, high court precedents, oaths of
office, and rules of fair play when acting in their judicial capacities for the Maine
Judicial Branch.
GinA has attempted to exercise her right to access court services as a low
income, disabled and sometimes homeless woman since 2011 to redress her legal
grievances with private parties and her government.
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rights, inter alia, when GinA files any lawsuit in a Maine state court for any legal
redress of any of her grievances against any party.
GinAs demands for a jury trial in her eviction cases are always denied.
GinAs steady defense of state court evictions has given state judges, clerks,
government agents, landlords, and their attorneys limitless reasons to hold negative
biases and to illegally discriminate against GinA.
Most of GinAs evictions were baseless, punitive and discriminatory and
never adjudicated in accordance with the 1st, 7th and 14th Amendments.
GinAs recent history of homelessness was caused by Defendants separate
and joint conspiracies in their individual and official capacities:
1. March 1, 2012 until January 13, 2013,
(See Watson v. Turcotte, AUGDC-SA-2011-___)
2. October 19, 2013 until January 22, 2014,
(See Ray Corp. v. Turcotte, AUGDC-SA-2013-332 and AP-13-35)
3. September 26, 2014 until November 11, 2014,
(See Roy v. Turcotte, AUGDC-SA-2014-453, AP-14-56, KEN-14-410,
1:15-cv-00031-NT; and Turcotte v. Roy, KEN-CV-14-176)
GinA alleges Defendants underhandedly acted as Greg Roys secret legal gent
and advisor during court proceedings for AUGDC-SA-14-453, KEN-CV-14-176, AP14-56, and KEN-14-410 violating GinAs federal fair housing and civil rights.
Court records prove Defendants showed Greg Roy prejudicial treatment as a
pro se litigant under color of state laws by refusing to enter a proper default
judgment required by law in GinAs favor despite Greg Roys multiple rule
violations and defaults amply evidenced throughout court records.
Court records prove Defendants showed Greg Roy extreme favorable
prejudice by ordering Greg Roys inept pleadings under color of state laws in
AUGDC-SA-14-453, KEN-CV-14-176, AP-14-56, and KEN-14-410.
Court records prove Defendants and habitually granted all of Greg Roys
inept pleadings under color of state laws in furtherance of Defendants conspiracy
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with Greg Roy to transfer legal title of 32 Court Street to the Maine Governmental
Facilities Authority on October 29, 2014.
On August 17, 2015 Michaela Murphy granted Greg Roys attorneys motion
to continue the August 18, 2015 hearing in KEN-CV-14-176 under color of state
laws despite the motion having no legal basis.
Michaela Murphy denied GinAs August 18th objections to Michaela Murphys
order of continuance of the August 18th motion hearing which directly resulted from
Michaela Murphy having ex parte communications with Matthew Morgan, Esq.
between August 4 17, 2015.
Michaela Murphy ordered Greg Roys motion for continuance which directly
resulted from Greg Roys attorney having ex parte contact with Michaela Murphy
by knowingly and intentionally sending GinAs copy of the motion to continue to a
non-existent postal address which directly prevented GinA from having any
opportunity to oppose the motion before it was granted ex parte on August 17th.
Michaela Murphy granted Greg Roys motion to continue without any
hearings at all.
Court records prove Defendants always require GinA to strictly adhere to all
rules of procedure, rules of evidence, and rules of appellate procedure without any
exceptions.
Court records prove Defendants have violated GinAs human and civil rights
to have access to the courts and enjoy equal rights and protections of the laws inter
alia to protect her federal fair housing and civil rights.
Court records prove Defendants have held GinA to higher legal standards
than they hold licensed practicing BAR attorneys.
Court records prove Valerie Stanfill advised Tavis Hasenfus, Esq. about how
to present his clients case during the fraudulent eviction trial on December 9, 2015
at 8:30am for WATDC-SA-15-271.
Court records prove Valerie Stanfill entered a judgment of eviction in
WATDC-SA-15-271 against GinA after recording several pieces of material evidence
and Plaintiffs own testimony that he lacked legal standing to bring the eviction
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action because GinA bought the property in violation of GinAs federal fair housing
and civil rights.
Court records prove Defendants have behaved in prejudicial, improper and
malicious ways toward GinA in every state court eviction lawsuit in which GinA has
ever been or is now currently involved in violation of GinAs federal fair housing and
civil rights.
Defendants and habitually discriminate against GinA because she is a
disabled unrepresented litigant who has a federal right to file civil lawsuits without
any payment of court fees.
Defendants and habitually discriminate against GinA because she is
adequately skilled to present and defend her own lawsuits without the assistance of
a licensed attorney.
Defendants and habitually discriminate against GinA by expecting GinAs
personal legal performance to exceed all legal standards applied to judges and
licensed BAR attorneys.
Defendants violated GinAs federal fair housing and civil rights to enforce
GinAs rental contract for Unit 1 at 32 Court Street, Augusta under color of state
law by preventing GinA from being heard and to speak.
Defendants violated GinAs federal fair housing and civil rights under color of
state law to be a party to a lawsuit and to sue for legal redress of her grievances.
Defendants violated GinAs federal fair housing and civil rights under color of
state law to give evidence in her civil and criminal lawsuits as referenced herein.
Defendants violated GinAs federal fair housing and civil rights under color of
state law to enjoy the full and equal benefit of all laws and court proceedings for the
security of GinAs person and property.
Defendants violated GinAs federal rights under color of state law to receive a
trial by a jury of her peers to protect her federal fair housing rights as enjoyed by
citizens of the other states in violation of the 1st, 7th and 14th Amendments.
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1:15-cv-00031-NT
3.
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5.
6.
AUGDC-CR-2011-512
7.
AUGDC-CR-2011-513
8.
AUGDC-CR-2012-301
9.
AUGSC-CR-2012-286
10.
WATDC-CR-2012-491
11.
AUGSC-CR-2012-667
12.
AUGDC-SA-2012-102
13.
AUGSC-CV-2013-226
14.
AUGDC-SA-2013-237
15.
KEN-2014-52
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16.
AUGDC-SA-2014-453
17.
AP-2014-56
18.
KEN-2014-410
19.
KEN-CV-2015-59
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KEN-CV-2014-176
2.
KEN-CV-2015-58
3.
WATDC-SA-2015-271
4.
KEN-RE-2015-68
5.
6.
KEN-CV-2016-16
7.
KEN-AP-2016-04
III.
GinA alleges all Defendants acted with a complete absence of all judicial
authority in the following cases only:
AUGDC-SA-14-453
KEN-CV-14-176
AP-14-56
KEN-14-410
KEN-CV-15-58
KEN-CV-15-59
WATDC-SA-15-271
KEN-RE-15-68
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GinA claims federal jurisdiction under 28 USC 1331 & 1343 and Article III
2 which extends jurisdiction to all civil actions arising under the Constitution,
laws or treaties of the United States.
GinA is authorized by 28 USC 2284 to request a three-judge court who have
never worked with any Maine Judicial Branch judges to preside over this case and
the companion case 1:16-cv-00100-NT.
GinA is authorized by 28 USC 2283 to request a stay of all pending state
court proceedings, except GinAs lower probate court cases KEN-2015-0534 and
KEN-2015-0534-1, as described and justified by the facts of this complaint.
GinA claims federal jurisdiction under 42 USC 12133 for discrimination in
public services on the basis of GinAs disability in violation of 42 USC 12132.
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2.
preliminary injunctions,
3.
4.
writs of prohibition,
5.
writs of mandamus for all pending state lower court cases requiring
immediate judicial action in accordance with the constitution, statutes and
rules of procedure,
6.
7.
8.
9.
lien Defendants personal and professional assets held in each of their names
both alone and jointly with any other person or in the name of any of their
privately owned businesses with no exceptions for any LLCs created in
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all proper attachments, repossessions and replevins against all personal and
professional assets which were recently transferred to any other person or
corporation.
GinA is authorized by 18 USC 241 & 242 and 42 USC 3631to request all
proper relief be ordered against all natural men and women Defendants.
Venue is proper in the District of Maine under 28 USC 1391(b).
All Defendants are located and residing in Maine, and all events, actions and
omissions giving rise to this claim occurred in Maine.
V.
STATUTORY AUTHORITY
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Court Street Augusta and to enjoy the full and equal benefit of all laws and
proceedings for the security of GinAs person and property.
GinA is authorized to initiate this action under 42 USC 1983 to bring suit
against any person who subjects or causes her to be subjected to the deprivation of
any rights, privileges and immunities secured to her by the Constitution and laws
under color of state law.
GinA is authorized to initiate this action under 42 USC 1985(2) and 1986
to bring suit against any person who conspires with any other person to deprive her
of federal rights under color of state law and against any person who, having
knowledge that any of the wrongs conspired to be done and having the power to
prevent or aid in preventing the commission of the wrongful action, neglects or
refuses to prevent such act which serves to violate GinAs federal rights as secured
by the Constitution and laws.
GinA brings this suit for Defendants violation of 28 USC 1746 and certain
federal rights secured by the 1st, 7th and 14th Amendments of the Constitution under
color of state law in their judicial capacities as a judge or justice for State of Maine
Judicial Branch, in their non-judicial administrative capacities as Maine Judicial
Branch employees and in their individual capacities when they were acting in
complete absence of all judicial authority.
To the extent Defendants acted with a complete absence of all judicial
authority, GinA sues them each in their non-judicial official capacities as paid
employees for State of Maine Judicial Branch and individual capacities for their
wrongful malicious acts during performance of official paid administrative duties
which led to the legal and physical acquisition of 32 Court Street Augusta by Maine
Judicial Branch and for Defendants alleged judicial actions in cases related to 2528
West River Road Sidney which directly resulted from Defendants conspiracy in
AUGDC-SA-14-453, AP-14-56, and KEN-14-410.
GinA holds Defendants individually and jointly responsible for all injuries
resulting from their wrongful conspiracy by Defendants neglecting to prevent or
aiding and assisting the prohibitions under color of state laws of GinAs federal
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PARTIES
GinA
GinA is a white, never-married, single mother to her 28 yr. old daughter, and
a grandmother to GinAs daughters 5 yr. old daughter.
GinA has been financially self-sufficient since the age of 16, except between
2000-2005 when she lived with her now ex-fianc in his Readfield Maine home.
GinA is known to be a member of four classes of protected people in Maine:
(1) female, (2) low income, (3) disabled, and (4) homeless pursuant to 17-A MRSA
1151, sub-8, B, as enacted by PL 1995, c. 149, 1, effective August 23, 2006.
GinA has paid into the Social Security disability and retirement fund since
1985 which qualifies her to receive monthly Social Security disability benefits.
GinA has earned more than 80 college credits toward a Bachelors Degree in
Mental Health and Human Services at University of Maine at Augusta.
GinA has an extensive work history as a legal secretary for Maine law firms.
GinA worked at various Maine government agencies from 1994 until 2008.
GinA was last employed full time from January 2007 until April 2008 with
the State of Maine Bureau of Motor Vehicle OUI Unit.
GinA left her employment with State of Maine due to her disabilities.
GinA is known to be a woman with permanent physical and mental health
disabilities which substantially restrict her daily physical activities.
GinAs disabilities require her to have special housing to accommodate her
two service animals and her need to use medicinal cannabis for management of her
post-traumatic stress disorder symptoms and severe back pain caused by scoliosis
and degenerative disc disease.
GinA is known to be a member of the low income community as evidenced by
her eligibility for and receipt of Medicare, MaineCare, SNAP and LIHEAP benefits.
GinA is eligible for but has never received Section 8 housing benefits.
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GinA has always paid her own full fair market rents from employment wages
when she was working or from federal Social Security disability benefits.
GinA lived at 239 Cony Street, Augusta from January 9, 2010 through March
1, 2012, being evicted by Defendants after GinA reported an active oil leak to City of
Augusta, William Stokes, William Bridgeo, and Matt Nazar.
GinA was homeless from March 1, 2012 until January 13, 2013.
GinA lived at 3 Washington Street Place, Augusta from January 13, 2013
through October 19, 2013, being evicted by Defendants after GinA reported the
building in June 2013 to City of Augusta et al as an illegal rooming house.
GinA was homeless from October 19, 2013 until January 22, 2014.
Greg Roy owned 32 Court Street, Augusta until October 29, 2014 when he
transferred legal title to Maine Governmental Facilities Authority.
GinA lived at 32 Court Street, Augusta from January 22 until September 26,
2014 being evicted by Defendants because City of Augusta et al conspired to allow
tenant occupancy for only eight months without giving proper public FOAA/FOIA
warnings or disclosures.
GinA was homeless from September 26, 2014 through November 11, 2014.
GinA is currently living in a single family log cabin at 2528 West River Road,
Town of Sidney, County of Kennebec, which GinA bought with (Estate of) Wayne
Richard Leach from David Brennan on November 11, 2014.
GinA has not engaged in any prohibited acts that would disqualify her from
exercising all of her rights under 42 USC 3604(f) and any pertinent federal laws.
Leigh Saufley
Leigh Saufley is employed by State of Maine Judicial Branch as the Chief
Justice of the Maine Supreme Court presiding over cases of the Maine Supreme
Judicial Court and Maine Law Court.
Joseph Jabar
Joseph Jabar is employed by State of Maine Judicial Branch as a Justice
presiding over cases of the Maine Supreme Judicial Court and Maine Law Court.
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Donald Alexander
Donald Alexander is employed by State of Maine Judicial Branch as a judge
presiding over cases at Kennebec County Superior Court, 1 Court Street, City of
Augusta, County of Kennebec.
Robert Mullen
Robert Mullen is employed by State of Maine Judicial Branch as a judge
presiding over cases at Kennebec County Superior Court, 1 Court Street, City of
Augusta, County of Kennebec.
Donald Marden
Donald Marden is employed by State of Maine Judicial Branch as a judge
presiding over cases at Kennebec County Superior Court, 1 Court Street, City of
Augusta, County of Kennebec.
Michaela Murphy
Michaela Murphy is employed by State of Maine Judicial Branch as a judge
presiding over cases at Kennebec County Superior Court, 1 Court Street, City of
Augusta, County of Kennebec.
Valerie Stanfill
Valerie Stanfill is employed by State of Maine Judicial Branch as a judge who
presided over cases at Augusta District Court but who now presides over cases at
Waterville District Court, 18 Colby Street, City of Waterville, County of Kennebec.
VII.
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judicial office as a public trust and strive to maintain and enhance confidence in the
justice system.
Judges should maintain the dignity of judicial office at all times, and avoid
both impropriety and the appearance of impropriety in their professional and
personal lives. They should aspire at all times to conduct that ensures the greatest
possible public confidence in their independence, integrity, fairness, and competence.
CANON 1: A judge shall uphold and promote the independence, integrity, and
impartiality of the judiciary; shall avoid impropriety; and should avoid the
appearance of impropriety.
CANON 2: A judge shall perform the duties of judicial office impartially,
competently, and diligently.
CANON 3: A judge shall conduct the judge's personal and extrajudicial activities
to minimize the risk of conflict with the obligations of judicial office.
CANON 4: A judge or candidate for judicial office shall not engage in political or
campaign activity that is inconsistent with the independence, integrity, or
impartiality of the judiciary.
5 CFR 2635.101 Basic obligation of public service
(a) Public service is a public trust. Each employee has a responsibility to the
United States Government and its citizens to place loyalty to the Constitution, laws
and ethical principles above private gain. To ensure that every citizen can have
complete confidence in the integrity of the Federal Government, each employee shall
respect and adhere to the principles of ethical conduct set forth in this section, as well
as the implementing standards contained in this part and in supplemental agency
regulations.
(b) General principles. The following general principles apply to every
employee and may form the basis for the standards contained in this part. Where a
situation is not covered by the standards set forth in this part, employees shall apply
the principles set forth in this section in determining whether their conduct is proper.
(1) Public service is a public trust, requiring employees to place loyalty to the
Constitution, the laws and ethical principles above private gain.
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(2) Employees shall not hold financial interests that conflict with the
conscientious performance of duty.
(3) Employees shall not engage in financial transactions using nonpublic
Government information or allow the improper use of such information to
further any private interest.
(4) An employee shall not, except as permitted by subpart B of this part, solicit
or accept any gift or other item of monetary value from any person or entity
seeking official action from, doing business with, or conducting activities
regulated by the employee's agency, or whose interests may be substantially
affected by the performance or nonperformance of the employee's duties.
(5) Employees shall put forth honest effort in the performance of their duties.
(6) Employees shall not knowingly make unauthorized commitments or
promises of any kind purporting to bind the Government.
(7) Employees shall not use public office for private gain.
(8) Employees shall act impartially and not give preferential treatment to any
private organization or individual.
(9) [omitted for inapplicability to this complaint]
(10) Employees shall not engage in outside employment or activities, including
seeking or negotiating for employment, that conflict with official Government
duties and responsibilities.
(11) Employees shall disclose waste, fraud, abuse, and corruption to
appropriate authorities.
(12) Employees shall satisfy in good faith their obligations as citizens,
including all just financial obligations, especially thosesuch as Federal,
State, or local taxesthat are imposed by law.
(13) Employees shall adhere to all laws and regulations that provide equal
opportunity for all Americans regardless of race, color, religion, sex, national
origin, age, or handicap.
(14) Employees shall endeavor to avoid any actions creating the appearance
that they are violating the law or the ethical standards set forth in this part.
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(or affirm) that I will administer justice without respect to persons, and do equal
right to the poor and to the rich, and that I will faithfully and impartially discharge
and perform all the duties incumbent upon me as ___ under the Constitution and
laws of the United States. So help me God.
28 U.S. Code 455 - Disqualification of justice, judge, or magistrate judge
(a)
Any justice, judge, or magistrate judge of the United States shall disqualify
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Title II covers all activities of State and local governments regardless of the
government entity's size or receipt of Federal funding. Title II requires that State and
local governments give people with disabilities an equal opportunity to benefit from
all of their programs, services, and activities (e.g. public education, employment,
transportation, recreation, health care, social services, courts, voting, and town
meetings).
The Fair Housing Act, as amended in 1988, prohibits housing discrimination
on the basis of race, color, religion, sex, disability, familial status, and national
origin. Its coverage includes private housing, housing that receives Federal financial
assistance, and State and local government housing. It is unlawful to discriminate
in any aspect of selling or renting housing or to deny a dwelling to a renter
because of the disability of that individual, an individual associated with the
renter, or an individual who intends to live in the residence. Other covered activities
include, for example, financing, zoning practices, new construction design, and
advertising. (See http://www.ada.gov/cguide.htm#anchor62335 )
The Fair Housing Act of 1968, 42 USC 3601 - 3631
The Fair Housing Act declares it to be the policy of the United States to
provide, within constitutional limitations, for fair housing throughout the United
States. [See 42 U.S.C. 3601.] Congress considered the realization of this policy to be
of the highest priority. [See Trafficante v. Metro. Life Ins. Co., 409 U.S. 205, 211
(1972) (internal citation omitted).] The language of the Fair Housing Act prohibiting
discrimination in housing is broad and inclusive; [Id. at 209.] the purpose of its
reach is to replace segregated neighborhoods with truly integrated and balanced
living patterns. [Id. at 211.] In commemorating the 40th anniversary of the Fair
Housing Act and the 20th anniversary of the Fair Housing Amendments Act, the
House of Representatives recognized that the intent of Congress in passing the Fair
Housing Act was broad and inclusive, to advance equal opportunity in housing and
achieve racial integration for the benefit of all people in the United States. [See H.
Res. 1095, 110th Cong., 2d Sess., 154 Cong. Rec. H2280-01 (April 15, 2008) (2008
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http://digitalcommons.law.lsu.edu/cgi/viewcontent.cgi?article=6488&context=lalre
v)
the three-stage McDonnell Douglas/Burdine analysis applies to Fair
Housing Act cases. [See United States v. Badgett, 976 F.2d 1176, 1178 (8th Cir.
1992)] However, the prima facie case under this analysis is an evidentiary standard
it defines the quantum of proof plaintiff must present to create a rebuttable
presumption of discrimination that shifts the burden to defendant to articulate some
legitimate, nondiscriminatory reason for its conduct. Under the Federal Rules of
Civil Procedure, an evidentiary standard is not a proper measure of whether a
complaint fails to state a claim. See Moore v. Clarke, 821 F.2d 518, 519 (8th Cir.
1987) (the whole spirit of the Federal Rules is to discourage the pleading of
evidence). When a federal court reviews the sufficiency of a complaint ... [t]he issue
is not whether a plaintiff will ultimately prevail but whether the claimant is entitled
to offer evidence to support the claims. Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.
Ct. 1683, 1686, 40 L. Ed. 2d 90 (1974). Bruce Ring, Plaintiff-Appellant, v. First
Interstate Mortgage, Inc.; Federal National Mortgage Association, DefendantsAppellees, 984 F.2d 924 (8th Cir. 1993)
42 USC 3617 - Interference, coercion, or intimidation
When Congress prohibited housing discrimination based on a disability, they
also outlawed interference, coercion or intimidation with enjoyment or exercise of
any fair housing rights, providing that It shall be unlawful to coerce, intimidate,
threaten, or interfere with any person in the exercise or enjoyment ofany right
granted or protected by section 3604 of this title.
Embedded within those federal fair housing rights are the federal rights to
freedom of religion, press and expression under the 1st Amendment, right to enjoy a
trial by jury under the 7th Amendment, and due process rights under 5th and 14th
Amendments which extends to all federal, state, and local governments and their
official private and public government agents during performance of official duties.
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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 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 , 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;
42 USC 1985(3) Depriving persons of rights or privileges
If two or more persons in any State conspire 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 from giving or
securing to all persons within such State the equal protection of the laws; 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.
42 USC 1986 Action for neglect to prevent
Every person who, having knowledge that any of the wrongs conspired to be
done, and mentioned in section 1985 of this title, are about to be committed, and
having power to prevent or aid in preventing the commission of the same, neglects or
refuses so to do, if such wrongful act be committed, shall be liable to the party
injured, or his legal representatives, for all damages caused by such wrongful act,
which such person by reasonable diligence could have prevented; and such damages
may be recovered in an action on the case; and any number of persons guilty of such
wrongful neglect or refusal may be joined as defendants in the action; and if the
death of any party be caused by any such wrongful act and neglect, the legal
representatives of the deceased shall have such action therefor, and may recover not
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exceeding $5,000 damages therein, for the benefit of the widow of the deceased, if
there be one, and if there be no widow, then for the benefit of the next of kin of the
deceased. But no action under the provisions of this section shall be sustained which
is not commenced within one year after the cause of action has accrued.
VIII.
FACTUAL BACKGROUND
oversees and enforces 29-A MRSA 1251. License required (1-A.) and Maine
Bureau of Motor Vehicle Rules 29-250, Ch. 3. Physical, Emotional and Mental
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Competence to Operate a Motor Vehicle which pertains to all Maine licensed drivers
and says in part:
1-A) The Secretary of State shall determine the physical, emotional, and
mental competence of a person to operate a motor vehicle with the advice of the
Medical Advisory Board and on the basis of the Functional Ability Profiles.
2-A) Medical conditions requiring report. Conditions for which a
person is required to submit a report to the Secretary of State include, but are
not limited to, neurological, cardiovascular, metabolic, musculoskeletal,
visual, emotional and psychiatric and substance abuse.
3.
Maines total 2015 population was 1,329,328 with 1,019,865 licensed drivers.
4.
76.7% of Mainers [or more] are [required by 29-A MRSA 1251(1-A) to be]
legally licensed to travel by car to go to work, to maintain their homes and provide
for their daily survival needs.
5.
more than half take two, Mayo Clinic and Olmsted Medical Center researchers
say. Antibiotics, antidepressants and painkilling opioids are most commonly
prescribed, their study found. Twenty percent of patients are on five or more
prescription medications, according to the findings, published online in the
journal Mayo Clinic Proceedings.
(See http://newsnetwork.mayoclinic.org/discussion/nearly-7-in-10americans-take-prescription-drugs-mayo-clinic-olmsted-medical-center-find/)
6.
Mainers are dying at record rates from opioid overdoses. The vast majority of
Maines 272 drug overdose deaths in 2015 an all-time high were due to heroin,
fentanyl, prescription opioids or a combination.
(See http://www.pressherald.com/2016/03/16/doctors-backlegislation-to-curb-opioid-prescriptions/)
7.
2014, according to the latest figures available from the Maine DHHS. Meanwhile,
about 15,500 people received treatment for opioid abuse at a state-sponsored
program in 2015, according to Maine DHHS. (Ibid.)
1:16-cv-00095-NT
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8.
PageID #: 76
2014 have drivers licenses because 95% of Maine inhabitants are legally licensed.
9.
pills in 2014 made up 34% of the total Maine population with a drivers license.
10.
hearings at the Bureau of Motor Vehicles, the general recidivism rate for OUI
offenses in 2012 was 26 percent(See
http://www.seacoastonline.com/article/20130426/news/304260392 )
11.
The latest data shows Maine BMV collected $30,595,950 in Class C license
renewal fees over the past six years totaling $5,099,325 per year taxpayer revenue
for Class C drivers licenses alone.
12.
Maine people live 43 people per sq. mile traveling across 30,843 miles to go to
work to provide for their families housing, financial and daily survival needs.
(See http://www.census.gov/quickfacts/table/PST045215/00,23 )
13.
OUI arrests are made for use of alcohol, street drugs, and legally prescribed
Legal, financial and interpersonal penalties for OUI offenses are severe and
include several thousand dollars of out-of-pocket costs per individual per event plus
several months of psychiatric counseling, forced isolation from community, job loss,
public humiliation, family estrangements, emotional injuries and homelessness.
15.
1:16-cv-00095-NT
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PageID #: 77
The proposal foundered when LePage, at the 11th hour, would not agree
with Maines House of Representatives to scale back the package to 10 agents,
eliminate the judges and prosecutors, and keep $750,000 for treatment that
had been added in earlier negotiations, said Kathleen Newman, the governors
deputy chief of staff(See
https://www.bostonglobe.com/metro/2014/07/06/maine-governor-paullepage-stresses-jail-not-treatment-way-win-drugwar/CZA4AAinGdjNLqt02WtgPJ/story.html
16.
Many [Maine] people dont want to take [pain] medicines, said Brent Scobie,
who oversees the program [for alternative pain management therapy at Acadia
Hospital in Bangor Maine]. They want to reduce, if not eliminate, them.
Launched in September 2012, the program served 54 patients from
across the state in its first year, Scobie said. Many of the patients saw
improvements in the severity of their pain, their ability to handle day-to-day
life in spite of it, and their level of psychological distress, he said. Attending
once a week for eight sessions, patients learn to understand the relationship
between pain and stress and how to monitor their thoughts and behaviors to
better manage symptoms.
Chronic pain patients in Maine are increasingly turning to such
approaches, due in no small part to changes in the states Medicaid program.
In response to legislation targeting the states opiate addiction problem,
MaineCare, the states version of Medicaid, in January 2013 began requiring
chronic pain patients to try alternative therapies and limiting their daily
painkiller dosing. The program also restricts patients to two weeks of opioid
painkillers during a year, unless a doctor justifies a longer treatment period.
As a result, MaineCare recorded a remarkable 30 percent drop since
2011 in the number of recipients receiving prescriptions for opiate
medications. The reduction, for drugs such as OxyContin, Vicodin and
1:16-cv-00095-NT
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PageID #: 78
hydrocodone, led to savings of more than $1 million last year, according to Dr.
Kevin Flanigan, MaineCares medical director.
Im very pleased that MaineCares been able to take the lead and shift
its policy toward one that embraces what the evidence and the literature shows
to be more effective treatment of pain, Flanigan said. Weve been able to do
that so far without negatively impacting those people who truly require opioids
for pain management. In short, I think our members are getting a higher level
of care today because those options are available to them.
(See http://bangordailynews.com/2014/02/27/health/mainecaresees-30-percent-drop-in-patients-on-prescription-opiates-with-new-emphasison-alternative-therapies/ )
17.
Maine Judicial Branchs 2015 Annual Report shows court revenue for FY10
FY15:
18.
a.
b.
c.
d.
Maine Judicial Branchs 2015 Annual Report shows court filings decreased or
remained stable across the board in all areas for FY10-FY15 except evictions.
19.
Maine Judicial Branchs 2015 Annual Report shows a 35% spike in district
FY10 4,717
b.
FY11 5,162
c.
FY12 5,352
d.
FY13 5,702
e.
FY14 6,076
f.
FY15 6,177
1:16-cv-00095-NT
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20.
PageID #: 79
All Maine evictions from FY10 through FY15 were ordered in a Rule 80D
actions shall bear the signature or facsimile signature of the judge or the clerk,
contain the name and address of the court and the names of the parties, be directed
to the defendant, state the day when the action is returnable, which shall be not less
than 7 days from the date of service of the summons;
22.
MRCivP 80D(c) Complaint. The complaint for forcible entry and detainer
shall be filed no later than one day before the date of the hearing. which prevents a
tenant from obtaining and serving subpoenas to secure personal appearances and
sworn testimony from City of Augusta Code Enforcement Officers during any trial.
23.
MRCivP 80D(e)(1) Hearing Date. All forcible entry and detainer actions
1:16-cv-00095-NT
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27.
PageID #: 80
Superior
Court
shall
condition
the
granting
and
Superior
Court
may
condition
the
granting
and
Upon finding a
violation of the conditions for granting the stay, the Superior Court shall
1:16-cv-00095-NT
Page 36 of 98
PageID #: 81
vacate the stay and may issue a writ of possession. The Superior Court may
require the plaintiff to provide security as may be necessary to protect the
defendant's interest while the appeal is pending. If the defendant prevails, the
Superior Court may issue a remedial order as necessary to make the defendant
whole, including damages.
4. Claim of title. In disputes involving a claim of title, the District Court
may provide for discovery on an expedited schedule.
5. Security. For the purposes of this section, "security" may include a
bond, an escrow account, a lien, a mortgage, an order to make payments under
a lease or contract as they become due or any other financial protection as is
reasonably necessary to protect the interests of a party. The District Court and
the Superior Court may make any necessary orders with respect to the
provision of security, revise the orders when required by the interests of justice,
sanction a party for failure to comply with a security requirement and waive
or modify the requirement of security for good cause shown and recited in an
order.
6. Affidavit required. A notice of appeal filed by the defendant must be
accompanied by an affidavit stating the defendant has complied with the
requirements of subsection 2 regarding the payment of rent.
28.
29.
Rep. Matthew Pouliot, R-Augusta, said In some of these cases, its evident
that theres a major problem in the buildings, but tenants dont have many
resources, so they move in anyway, Pouliot said.
Just because someone is poor doesnt mean they have to live in
substandard housing, he said
However, the problem of bad housing, he said, is getting dire in the city.
1:16-cv-00095-NT
Page 37 of 98
PageID #: 82
GinA was a lifetime tenant in Augusta Maines low income community since
GinA worked her last full time job in the elite Maine BMV, OUI Unit from
January 7, 2007 until April 2008 when she left her job because of her disability.
32.
In 2007 Maine BMV, OUI Unit was operated by 8 employees who served all
persons charged with OUI and other serious driving offenses on Maine roads.
33.
receiving, reading and confirming every OUI police report had all
required legal cues for arrest in Maine,
b.
c.
d.
34.
e.
f.
g.
with BMV OUI Unit shows GinA received 3 letters of praise from her customers and
directors for exemplary interpersonal communication and customer service skills
and her high aptitude with learning complex laws, rules, and civil procedures.
1:16-cv-00095-NT
Page 38 of 98
PageID #: 83
Carrier, suggesting BMV can reduce OUI recidivism and other violation rates by
changing its internal policies in the following ways:
a.
b.
c.
36.
Manager Linda Grant who sent it through the proper chain of command with full
endorsement by all department heads.
37.
39.
In September 2005, under dictates of Motor Vehicle Rules 29-250 Ch. 3 which
violate HIPAA privacy protections, GinA reported that she was prescribed
pharmaceuticals by her doctor for her disability.
1:16-cv-00095-NT
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42.
PageID #: 84
counter medicines from her life using only medical cannabis to relieve her pain.
44.
BMV records show the Medical Unit required GinA to surrender to a medical
evaluation in November 2009 due to medications she had been prescribed in 2005.
45.
There is no factual dispute GinA did not receive BMVs requests for a medical
evaluation because GinA was homeless and did not have a mailing address.
Violation Free Credits on Driver Record #1491178
46.
Maine Bureau of Motor Vehicles issued GinA violation free credits for years
drivers license #1491178 without any good or legal cause for GinAs inability to
comply with the medical evaluation which was directly related to GinAs disability.
49.
On or about January 9, 2010, GinA moved into 239 Cony Street Unit 2.
51.
GinA had no problems with Royce Watson or the tenants for over a year.
GinA did not know license #1491178 had been suspended for a medical
reason on January 5, 2010 until Augusta Police Ofc. Eric DosSantos told her on
February 10, 2011 during the traffic stop at Townsend Road and Marketplace Dr.
1:16-cv-00095-NT
Page 40 of 98
53.
PageID #: 85
On February 10, 2011, Augusta Police Ofc. Eric DosSantos stopped GinA for
failure to obey traffic control device on Townsend Rd and Marketplace Drive and
issued a ticket for a minor traffic violation. (See Violations Bureau Tckt # 21576761,
AUGDC-CR-2011-512 and AUGDC-CR-2011-513)
54.
GinA told Augusta Ofc. Eric DosSantos he had no probable cause of criminal
conduct to make a traffic stop but he continued to infringe the 4th Amendment by
issuing a violation summons and complaint for failure to obey traffic control device.
AUGDC-CR-2011-512 and AUGDC-CR-2011-513, Operating After Suspension
55.
Almost exactly one month later on March 7, 2011, Augusta Police Ofc. Eric
DosSantos stopped GinA at the exact same place on Marketplace Drive at the exact
same time as the February 10, 2011 traffic stop because he knew license #1491178
was suspended by the BMV Medical Unit for an unknown medical reason and he
knew GinA worked at Dunkin Donuts inside WalMart around that time of day.
56.
On March 7, 2011, City of Augusta Police Ofc. Eric DosSantos stopped GinA
as a direct result of his February 10th stop because he knew license #1491178 was
suspended for medical reasons and asked GinA if she had any medical issues that
would cause the BMV Medical Unit to suspend license #1491178. (See AUGDC-CR2011-512 and AUGDC-CR-2011-513)
57.
GinA denied having any knowledge of a license suspension and denied having
any medical issues which would cause the Medical Unit to suspend the license.
58.
Augusta Ofc. Eric DosSantos asked GinA directly with GinA declining
knowing about any medical issues that would cause BMV Medical Unit to suspend
the driver license #1491178 in 2010.
59.
Ofc. Eric DosSantos issued two uniform summonses for Operating After
Suspension even though he knew the suspension was a medical suspension and
not considerable as a prior offense for operating after suspension charges. (See AP13-17 and KEN-13-517)
60.
Augusta Ofc. Eric DosSantos knowingly stripped GinA of her ability to travel
GinAs inability to transport herself caused GinA to have to quit her job.
1:16-cv-00095-NT
Page 41 of 98
PageID #: 86
62.
GinA has not worked in the local community since she quit Dunkin Donuts.
63.
GinAs inability to get a job inhibits GinAs ability to maintain a safe home.
64.
GinAs inability to transport herself in her own car so she can maintain a job
and a safe home caused her to be chronically homeless from 2012 through 2014.
65.
GinAs inability to transport herself in her own car interferes with GinAs
ability to eat, interact with friends and family, receive public services, and access
the courts to redress her legal grievances with her government and private persons.
66.
On March 8, 2011, BMV License Services printed LS-LT-08 for driver license
#1491178 stating,
1.
2.
The suspension(s) listed below have been deleted from your record:
January 5, 2010, FAILURE TO COMPLY WITH MEDICAL
EVALUATION REQUEST.
67.
[See GinA v. City of Augusta et al, 1:16-cv-00100-NT; April 17, 2011 - August
13, 2011 for related facts and evidence from the companion case]
68.
August 13, 2011, KJ article Big step to new county courthouse says,
In October 2009, MSJC CJ Leigh Saufley projected a $55 million new
building to include consolidated superior and district courts and
officesHowever, its taken longer than expected to secure the property
69.
November 2, 2011 for related facts and evidence from the companion case]
70.
with a Summons and Complaint for forcible entry and detainer for 239 Cony Street.
71.
landlords lie on their eviction papers by claiming service was attempted three
times in good faith when the landlord and Harry McKenney know it has not.
72.
1:16-cv-00095-NT
Page 42 of 98
73.
PageID #: 87
GinA showed Harry McKenney the legal defects in Royce Watsons Notice to
Quit but Harry McKenney served the illegal summons and complaint anyway.
74.
On November 18, 2011, GinA filed a 10-page sworn affidavit with City of
Augusta Police Department to correct Ofc. Christopher Guays false police report
filed in October 2011.
75.
February 16, 2012 for related facts and evidence from the companion case]
AUGSC-CR-2012-286
76.
from Major Jared Mills on behalf of City of Augusta Police Department about Ofc.
Peter Cloutiers illegal forceful invasion of GinAs home on January 18, 2012:
Gina,
On January 18th 2012, Officers Cloutier and Drouin met with you in
response to a complaint they received from your neighbor. During the course of
their investigation Officer Cloutier began to question you in reference to the
odor of marijuana he believed he smelled coming from your apartment. You
filed a complaint with the Chief of Police in regards Officer Cloutier's
behavior during this incident. Sergeant Shaw investigated the incident and
determined that Officer Cloutier did in fact act inappropriate in regards to his
demeanor, and the way in which he questioned you. Due to the fact that
Officer Cloutier's behavior was unprofessional, sanctions have been taken
against him and his behavior has been corrected. I want to apologize on behalf
of Officer Cloutier and the Augusta Police Department for this unfortunate
situation you had to endure. Thank you for bringing this incident to our
attention, and please contact me if you have any issues with the Augusta
Police Department in the future. If you have any questions or if you would like
1:16-cv-00095-NT
Page 43 of 98
PageID #: 88
[See GinA v. City of Augusta et al, 1:16-cv-00100-NT; February 23, 2012 for
On February 28, 2012, GinA was served by sheriff with an illegal Writ of
GinA took the writ of possession to the Kennebec Journal and asked Betty
Adams to help remedy the active oil leak that was poisoning the neighborhood and
to help prevent GinAs illegal eviction.
81.
Betty Adams and the Kennebec Journal declined to help GinA in any way.
(See https://www.youtube.com/watch?v=EEtKKWbxlQ4 )
82.
Royce Watson and David VanBaars, Esq. spent six months evicting GinA in
Royce Watson replaced the oil tank at 239 Cony Street on March 29, 2012.
84.
GinA was homeless from March 1, 2012 until January 13, 2013 when she
86.
disruptions
A judge, the project manager and the court construction overseer
roughed out a construction schedule and its effect at a meeting last week for
judges, lawyers, clerks and others who work in the county-owned courthouse
at Winthrop and State Streets.
1:16-cv-00095-NT
Page 44 of 98
PageID #: 89
On January 13, 2013, GinA moved into 3 Washington Street Place with a
belief GinA was renting a single room in a legal, safe and decent rooming house.
89.
[See GinA v. City of Augusta et al, 1:16-cv-00100-NT; January 18, 2013 for
Page 45 of 98
PageID #: 90
resulted in some unhappy tenants Its easy enough to find new tenants; its
just making the living conditions unhappy
Some $62 million in bonds were authorized to pay for the Augusta
courthouse Its coming in under budget, and on target to be under budget,
[Philip] Johnston said.
91.
2013 for related facts and evidence from the companion case]
92.
On June 20, 2013, Ray Corp. filed an eviction complaint against GinA. (See
AUGDC-SA-2013-332)
93.
[See GinA v. City of Augusta et al, 1:16-cv-00100-NT; June 25, 2013 July 21,
2013 for related facts and evidence from the companion case]
94.
On July 21, 2013, Augusta District Court held an eviction bench trial in Ray
[See GinA v. City of Augusta et al, 1:16-cv-00100-NT; July 22, 2013 - October
14, 2013 for related facts and evidence from the companion case]
96.
On October 16, 2013, Augusta District Court (Valerie Stanfill) ordered a writ
December 31, 2013 for related facts and evidence from the companion case]
99.
On January 03, 2014, 5:36pm, GinA sent an email to Major Jared Mills, Sgt.
Page 46 of 98
PageID #: 91
Now that I have properly disposed of the frivolous retaliatory OAS and
other criminal charges from February 16, 2012 with a full dismissal, I can
now turn my attention back to the aggressive, unprofessional and
unconstitutional incident with Ofc. Peter Cloutier from January 18, 2012.
I strongly believe these two incidents are directly correlated, with the
OAS arrest and subsequent court action being retaliation for my recording
and reporting Ofc. Cloutier's unprofessional conduct and publicizing it for the
world to see on YouTube (which currently has more than 1800 views).
https://www.youtube.com/watch?v=w9pS5cEUorI
After I had an hour-long investigative meeting with Sgt. Shaw on
January 25, 2012, Major Mills sent me an email on February 21, 2012, at
2:45pm which is restated below:
Gina,
On January 18th 2012, Officers Cloutier and Drouin met with you in
response to a complaint they received from your neighbor. During the course of
their investigation Officer Cloutier began to question you in reference to the
odor of marijuana he believed he smelled coming from your apartment. You
filed a complaint with the Chief of Police in regards Officer Cloutier's
behavior during this incident. Sergeant Shaw investigated the incident and
determined that Officer Cloutier did in fact act inappropriate in regards to his
demeanor, and the way in which he questioned you. Due to the fact that
Officer Cloutier's behavior was unprofessional, sanctions have been taken
against him and his behavior has been corrected. I want to apologize on behalf
of Officer Cloutier and the Augusta Police Department for this unfortunate
situation you had to endure. Thank you for bringing this incident to our
attention, and please contact me if you have any issues with the Augusta
Police Department in the future. If you have any questions or if you would like
to discuss this situation in person or by telephone please let me know and I
will make myself available upon your request.
Major Jared Mills
1:16-cv-00095-NT
Page 47 of 98
PageID #: 92
1:16-cv-00095-NT
Page 48 of 98
PageID #: 93
audio evidence of the arrest all resulted directly from my interactions with
Ofc. Peter Cloutier in January 2012.
I believe the other Augusta police officers are extremely unhappy I
recorded Ofc. Cloutier acting unlawfully and I am now being aggressively
targeted as a violent "sovereign citizen" (a misnomer).
I have personally read the Maine Criminal Justice Academy's 2011
mandatory training manual regarding "sovereign citizens" and I know all
police officers are taught to believe and presume all "sovereign citizens" are
violent, gun-toting, deadly people suspected of carrying at least 1 gun and 1
sharp weapon at all times... also, the MCJA training manual indicates
"sovereign citizens" are considered to be "domestic terrorists" worthy of
heightened aggression and police action.
This type of stereotypical profiling violates my natural right to equal
protection, is unconstitutional, discriminatory, highly prejudicial and directly
causes all officers to act with unreasonable aggression against peaceful people,
as I believe happened to me on February 16, 2012 and thereafter.
I strongly believe the formal education provided by MCJA and the
internal policies of the Augusta Police Department regarding "sovereign
citizens" have caused, and are continuing to cause an elevated risk of
unreasonably aggressive and unconstitutional behaviors by police officers
which is causing an elevated risk of physical, emotional and other types of
injury to peaceful people who are stopped or questioned without reasonable
suspicion or probable cause of committing a 'crime'.
I am extremely offended that I am being targeted by my public servants
who have sworn an oath to protect me simply because I assert my natural
rights as protected by the Maine Constitution and 17 MRSA 2931.
Unfortunately, it is now almost exactly 2 years after I was arrested by
your officers and I cannot even begin to express how severely my life has been
disrupted and injured by these unlawful, illegal and unconstitutional actions.
1:16-cv-00095-NT
Page 49 of 98
PageID #: 94
My life has been seriously injured, my rights have been grossly violated,
my liberty consistently threatened, and being physically and constructively
imprisoned by not being able to transport myself or leave my home without
"supervision" (by a chauffeur) since early 2012. I was forced to sell my car
because of the effect these charges had on my ability to use or financially
maintain my car. I was forced by subsequent circumstances to live in the
armpit of Augusta's ghetto on Washington Street Place (so I could afford my
rent and walk to the store), my family relationships have been directly injured
as a result of these actions and my emotional, mental and physical health has
also seriously deteriorated as a direct result of not being able to transport
myself or take care of myself the way I did before these frivolous charges were
lodged against me.
I have already expressed in writing to the State, via email on December
17, 2013, that I consider these actions to rise to the level of malicious
prosecution and am prepared to seek my proper redemption through the only
avenue available - the court system.
But I am coming to you first.
I know the police department, as well as each police officer, are required
to maintain a bond or an insurance policy intended to resolve these exact
unfortunate situations.
I also know that "discretionary immunity" and "qualified immunity"
does not apply when "(1) constitutional rights were violated, and (2) those
rights were so clearly established that reasonable [officers] would have known
that their specific actions transgressed those rights." Creamer v. Sceviour, 652
A.2d 110, 113 (Me. 1995)
I believe the incident from January 18, 2012 with Ofc. Peter Cloutier,
admonished by Major Mills' apology, evidently proves my "constitutional
rights were violated, and (2) those rights were so clearly established that
reasonable [officers] would have known that their specific actions transgressed
those rights."
1:16-cv-00095-NT
Page 50 of 98
PageID #: 95
Also, combining Major Mills' decision about the January 18, 2012
incident with the full dismissal of all criminal charges for the February 2012
OAS arrest, I believe there is solid evidence to prove the existence of a direct
correlation between both incidents from January and February 2012.
This is a very serious situation which must be resolved immediately,
appropriately and fairly. I am a reasonable woman willing to negotiate a
reasonable settlement, but the Augusta Police Department must first decide if
they are going to accept responsibility for the unfortunate actions of their
officers.
I did notice that Ofc. Peter Cloutier's name is no longer listed on your
website as a Patrol Officer:
http://www.augustamaine.gov/index.asp?Type=B_BASIC&SEC={3D85517B
-4BA1-47B0-80C8-491D45625A4C}&DE={F0682F3D-E592-4EBD-A0BBF47EB42F3287}
Does this obvious omission signify Ofc. Peter Cloutier has been
terminated from your employment and relieved of his police authority?
Please respond in writing within 7 business days with a request for a
meeting or an offer of settlement.
Thank you for your priority attention to this matter.
In Peace,
GinA Turcotte
100.
February 20, 2014 for related facts and evidence from the companion case]
101.
On February 20, 2014, GinAs letter to the editor was published by the
Kennebec Journal, Former YMCA site better for new parking garage,
Responding to your article published on Feb. 9 titled, Houses behind
jail eyed for Augusta courthouse parking, I must offer my input since
apparently none of our city councilors is thinking about the most vital issue
our city faces lack of safe, low-income residential housing!
1:16-cv-00095-NT
Page 51 of 98
PageID #: 96
How can our public officials even entertain the idea of demolishing
more residential homes to make a parking lot without comparatively replacing
those dwelling units? There is a perfect location for that parking lot or another
parking garage on the old YMCA building site at the corner of Winthrop and
State streets. That parking garage could be connected to the old or new
courthouses by a catwalk or an underground tunnel, both of which already
exist in our local government structures.
This property is already cleared and ready for construction and would
save huge amounts of money for this projects bottom line. There are no
buildings to purchase, no people to relocate, no structures to raze and no
cleaning to perform. All the city needs to do is purchase the property or
exercise eminent domain over that property for the greater good of the public,
if necessary, which it is likely to do on Court Street/Perham Street if push
comes to shove.
The article also does not mention that those four buildings are capable
of housing at least 20 people or where future tenants of 32 Court St. will live.
We all need to stop thinking about making more business and start
thinking about making more peace, which is not going to happen by
destroying four residential homes without replacing them with comparable
new buildings that will house the same number of people.
How is any of this OK with Augusta residents?
Gina Turcotte, Augusta, Founder and president, Maine Tenants Justice
League (See
http://www.centralmaine.com/2014/02/20/former_ymca_site_better_for_ne
w_parking_garage_/ )
102.
[See GinA v. City of Augusta et al, 1:16-cv-00100-NT; March 1, 2014 - May 15,
2014 for related facts and evidence from the companion case]
103.
On May 15, 2014, GinA had a conversation with Matthew Pouliot in his
Page 52 of 98
PageID #: 97
GinAthena Turcotte
we need to talk about the courthouse project and the perham/court street plan
i jsut went head to head with mayor stokes
i live at 32 court street
i'm not moving
my landlord is not selling
we will be the last tenants standing
9:28pm
Matthew Pouliot
I'm afraid there is not many options for parking
9:28pm
GinAthena Turcotte
what about the ymca lot?
no mention of that whatsoever
its DOUBLE the size of this lot!!!
and its already cleared !!!
.96 acres !!
these 4 properties are ONLY .4 ACRES!!
and we will lose 20 UNITS!
the bldg next door is a 5 bedroom house!
this bldg is a 6 unit bldg
19-21 perham st is at least 3 or 4 units
and danny ayotte's is a single family that needs a lot of work
so where do i go ??
the city has no plan for me or the other 5 tenants in this bldg
we need to talk
the owner and i have sent our official objections to the city
and MTJL sent their official objection also
last week
1:16-cv-00095-NT
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PageID #: 98
the owner and i are working closely and collaboratively. he also joined MTJL
as a board director representing landlords and real estate agents and
homeowners
did you know the city has been planning to take these 4 bldgs since 2009 and
NEVER SAID A WORD until 2012 !!
or 2011 at the earliest to the residnets on the street
i've surveyed people on this street
the city has made a total of 4 contacts with the next door neighbor starting
3yrs ago
but they've been planning this since 2009 according to the KJ
why did they wait until NOW ????
whats going on????
and why did Mayor Stokes just get nominated to be a superior court judge in
the very courthouse they are going to destroy my bldg to make a parking lot for
????
did he sell my block for the judgeship???
i sure think so !
i'm HOT
I'M LIVID!!
i'm going PUBLIC
VERY VERY VERY PUBLIC
my landlord is hot
he is stubborn and will not back down
we have already spoken at length
he and i will be standing here when the other 3 homes are demolished
it WILL go to court
9:35pm
Matthew Pouliot
I am certain the.building.project has.nothing to do with the judgeship
9:35pm
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GinAthena Turcotte
i wouldnt be so sure, but i appreciate your caution
9:36pm
Matthew Pouliot
I just think it's too far into the project to change it. I dont.think Lon Walters
wants to sell the YMCA lot.for.parking
9:37pm
GinAthena Turcotte
its not a matter of want anymore... the city IS going to take this block by
eminent domain if we dont do something... why cant they take the YMCA lot
by eminent domain instead? it will be cheaper!
9:37pm
Matthew Pouliot
It's a terrible situation but takings occur every day
9:37pm
GinAthena Turcotte
no people to relocate, no bldg to destory, no cleanup to perform... its all ready
to buildg
its NOT OK
I WILL NOT ALLOW IT
IT WILL GO TO COURT
I will file as a tenant
or a 3rd party intervenor
i will fight the state and the city to the end
and i'm good at what i do
they are taking my home away form me
without a backup plan!! as MY CITY COUNCILORS/??
9:38pm
Matthew Pouliot
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PageID #: 100
I'm sorry you have to go through this, but I feel like you purposely seek out
these situations
9:38pm
GinAthena Turcotte
i did not know this was an issue when i moved in here
i had no clue
do not blame me for landlng in this situation
that is OFFENSIVE !!!!
i did NOT choose this !!
I HAD NO CLUE UNTIL THE 2ND MONTH
the city NEVER CONTACTED THE LANDLORD until APRIL !!!!
9:39pm
Matthew Pouliot
You could move, no? There are a ton of vacant units in Augusta
9:39pm
GinAthena Turcotte
NO!
i want to stay with this landlrod
given my prior experiences
as you just clarified
my landlrod and i are friends
he is now a board director of MTJL... this is not just about displacement of a
tenant
this is a government issue that needs a public resolution
9:41pm
Matthew Pouliot
Takings are terrible but happen for the public good.
Again, sorry you have to deal with this
9:42pm
GinAthena Turcotte
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if you are a city representative for augusta, i am officially requesting that you
schedule an appt to come here to talk with me and this bldg owner... this is
NOT OK... this is not going to happen without a court battle... i guarantee it
i'm already researching eminent domain precedent
i'm good at what i do
this will cost the city $$$$$$$$$$$$
i promise you that
they are NOT acting in the public's best interest
i just testiifed to that fact on the record tonight
on the live broadcast
i am not going to be silent any longer
i will be very very public
if yu care about us as your constituents, then you will make a point to listen to
greg roy about what has happened to his bldg
this is NOT ABOUT ME
this is about THE PEOPLE
the angels put me in this bldg... i did not choose this fight and would prefer to
deal with my other issues instead.
but i dont have much of a choice now
and i am asking you as my city rep. to take time to speak with my landlord
and the person who will be detrimentally affected by this unnecessary taking
its abusive and a breach of the city's fiduciary duty
i respect you, Matt, and am coming to you with that respect intact ...
but, if you dont listen to greg and what the city has done to him to take this
property, i will wonder what your agenda is ...
do not make this about me... it has nothing to do with me... this is about Greg
and how the city has been secretly planning to take his property since 2009 at
least without a word to him !!
and they know this is a FOR PROFIT BUSINESS they are taking away from
him !!
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PageID #: 102
On May 20, 2014, GinA sent an email to Matthew Pouliot regarding Official
1:16-cv-00095-NT
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PageID #: 103
Page 59 of 98
105.
PageID #: 104
[See GinA v. City of Augusta et al, 1:16-cv-00100-NT; May 22, 2014 June 20,
2014 for related facts and evidence from the companion case]
106.
On July 10, 2014 Greg Roy gave GinA a 30-day no-fault Notice to Quit.
107.
On July 10, 2014 Lindsey Liepman of WMTW-TV news reported live in front
of 32 Court Street regarding the demolition of the Perham Street properties which
were delayed by City of Augustas Historic Preservation Commission.
(See http://www.wmtw.com/news/augusta-home-demolitions-delayed/26890186#!bc7RPn)
108.
[See GinA v. City of Augusta et al, 1:16-cv-00100-NT; July 11, 2014 - August
11, 2014 for related facts and evidence from the companion case]
109.
On August 11, 2014, Greg Roy initiated fraudulent eviction proceedings for a
30-day notice to quit without any allegations of rent arrearages in AUGDC-SA-14453, Greg Roy v. Gina Turcotte.
110.
On August 20, 2014, GinA filed a complaint in GinA v. Greg Roy, KEN-CV-
Court because she had a reasonable expectation she would enjoy constitutional due
process and equal protection of the law in her pursuit of a final judgment in state
superior court.
112.
judgment for Greg Roy in AUGDC-SA-14-453 under color of state law giving
possession of Unit 1, 32 Court Street, Augusta to Greg so he could sell 32 Court
Street to Maine Judicial Branch for construction of the Capital Judicial Center
parking lots.
113.
Robert Mullen dismissed all of GinAs appeals under AP-14-56 for a de novo
jury trial under color of state law so Greg Roy could immediately sell 32 Court
Street to the Maine Judicial Branch for the Capital Judicial Center parking lots.
114.
County Superior Court, she did not fully understand the gravity of the conspiracy
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between Defendants, their agents and Greg Roy regarding the sale and demolition
of 32 Court Street to build the Capital Judicial Center parking lot.
115.
and Greg Roy, GinA has diligently, lawfully and properly pursued final judgment in
KEN-CV-14-176 in Maine state courts in her attempt to enjoy due process and equal
protection of the laws as guaranteed by the constitution.
116.
September 15, 2014 for related facts and evidence from the companion case]
118.
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By the way, I will be testifying at the public council meeting this week to
protest their proposed historic district which I suspect will not include the
Perham/Court Street block its going to be a very interesting public meeting
Ill let you know what District Court says about staying the writ of
possession on my appeal that I filed today
think good thoughts!
Gina
119.
120.
121.
them GinA was at home so they could serve her with the writ of possession.
122.
On September 24, 2014, Valerie Stanfill issued a Writ of Possession for Unit
1, 32 Court Street under color of state law so Greg Roy could immediately sell 32
Court Street to the Maine Judicial Branch for the Capital Judicial Center parking
lots.
123.
On September 24, 2014 around 11:15am, GinA was served with a writ of
Defendants removed GinA from 32 Court Street on September 26, 2014 under
Page 62 of 98
126.
PageID #: 107
On September 26, 2014, GinA moved out of 32 Court Street but she was not
able to remove all of her possessions and was forced to leave some of her possessions
at the property.
127.
On October 29, 2014, Greg Roy transferred legal title of 32 Court Street to
Leigh Saufley and Joseph Jabar dismissed GinAs appeals under KEN-14-410
under color of state law because the wrongful issuance of the writ of possession
nullified the necessity for GinAs law court appeal.
129.
130.
While GinA was homeless, she was threatened with false arrest by City of
Augusta Police, with gun violence and bodily injury by Mike Vermette of Winslow,
and she lost over $1000 cash to theft by strangers who rented her a place to sleep.
131.
Defendants failed to issue any judgments under color of state law in GinAs
14-453, AP-14-56 and KEN-14-410 so their employer State of Maine Judicial Branch
could quickly benefit from the outcome of their orders.
134.
Court Street from non-judicial proceedings during their secret activities with Greg
Roy, Administrative Office of the Courts Maine Judicial Branch, City of Augusta,
Maine Governmental Facilities Authority, and private and public agents who
worked in conjunction with the Capital Judicial Center and parking lot construction
project.
1:16-cv-00095-NT
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135.
PageID #: 108
under color of state law to forcibly evict GinA from 32 Court Street so the Maine
Judicial Branch could use the property for public business.
136.
sponte to federal court for lack of jurisdiction because they knew, or had reason to
know, that a constitutional trial and proper federal proceeding would effectively
delay the grand opening of the Capital Judicial Center.
137.
sponte to federal district court because Defendants knew, or had reason to know,
those federal proceedings would have cost the Maine Judicial Branch and its agents
significant time, resources and money while waiting for GinA to exercise her
constitutionally secured federal rights to enjoy due process and a trial by jury in all
causes of action which affect GinAs federal property and civil rights, inter alia.
138.
Valerie Stanfill denied having any knowledge about a sign posted on the
Augusta District Court clerks office wall on August 20, 2014 which said, NEW
COURTHOUSE, JANUARY 2015.
141.
under color of state law despite knowing they were absent all jurisdiction because
Defendants knowingly used knowledge they obtained from non-judicial activities
that assisted the Maine Judicial Branch to directly and ultimately benefit from
those non-judicial acts to give Greg Roy legal possession of 32 Court Street so Greg
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PageID #: 109
could immediately sell the land to State of Maine Judicial Branch for the purposes
stated herein.
143.
under color of state law by relying on nonpublic information about 32 Court Street
they acquired from secret non-judicial events in making their final judgments for the
herein-referenced cases for the benefit of their employer.
144.
under color of state law because they knew their paid duty to the State of Maine
Judicial Branch required their unyielding commitment to on-budget construction
and timely March 2015 grand opening of the Capital Judicial Center and parking
lot.
145.
under color of state law despite engaging in paid duties for their Maine Judicial
Branch employer to construct the Capital Judicial Center and its parking lots which
fatally biased their ability to be fair and impartial involving GinAs property, due
process rights and legal and financial interests at 32 Court Street.
146.
telling GinA under color of state law that she is required to follow all rules of
procedure and will not be given any special treatment by the court because she is an
unrepresented litigant but Defendants commit the opposite prejudice by ordering
Greg Roys and his attorneys laughable legal papers despite those pleadings clearly
having critical legal deficiencies such as missing certificates of service, law
memoranda, affidavits, and answers.
148.
titled With Augusta apartment building gone, Kennebec courthouse gains public
parking lot,
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PageID #: 110
such a slap in my face ... but i promise i'm not done yet ... [sic]
149.
article above,
So let me get this straight, we razed 3 apartment buildings for a new
parking lot (say goodbye to developed property tax income), when the old Ymca
property was already there and available. Where was the thinking on
this????? [sic] (See https://www.centralmaine.com/2015/07/09/withaugusta-apartment-building-gone-kennebec-courthouse-gains-public-parkinglot/comments/ )
150.
of state law allowed him to file vexatious and lawless motions which have further
delayed and exacerbated proceedings for KEN-CV-14-176.
153.
state law in KEN-CV-14-176 despite his motions lacking any law memoranda,
affidavits or supporting references to the record.
154.
Michaela Murphy refused to issue any orders under color of state law against
Greg Roy in KEN-CV-14-176 from January 2015 through January 18, 2016 without
expressing any statutory or procedural bases at all.
156.
color of state law from August 2014 through August 2015 despite GinAs constant
demands for hearings, oral arguments and court action.
1:16-cv-00095-NT
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157.
PageID #: 111
signed Pursuant to 28 USC 1746 under color of state law which was filed
expressly due to GinAs disability which prevents GinA from having easy access to a
notary public due to her physical isolation and lack of transportation.
159.
their clerical agents conspired to interfere with WATDC-SA-15-271 and KEN-CV14-176, under color of state law by intentionally and maliciously scheduling two
lengthy hearings only three hours apart on December 9, 2015 which were being
held in different courts in different towns at least 20 miles apart.
160.
Murphy conspired to prevent GinA from personally appearing or from being heard
at 11:30am on December 9th in Kennebec County Superior Court at a previously
scheduled motion hearing for KEN-CV-14-176 by forcing GinA to participate in a
fraudulent eviction bench trial for WATDC-SA-15-271.
161.
Gina Turcotte, Valerie Stanfill entered a wrongful judgment of eviction under color
of state law against GinA for possession of 2528 West River Road, Sidney despite
receiving sworn testimony from David Brennan that he and GinA did not have a
rental contract at any time.
162.
color of state law for David Brennan on December 9th despite David admitting
during his sworn testimony that GinA did not agree to rent the property at 2528
West River Road, Sidney at any time or for any price.
163.
color of state law for David Brennan despite David Brennan admitting during his
sworn testimony that GinA and her housemate (Estate of) Wayne Richard Leach
took possession of 2528 West River Road, Sidney on November 11, 2014 for the sole
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PageID #: 112
purpose of buying it. (See KEN-CV-15-58, KEN-CV-15-59, KEN-RE-15-68 and KEN2015-0534 for supporting evidence)
164.
Valerie Stanfill refused under color of state law to give GinA proper time to
proffer evidence and witnesses for the bench trial in WATDC-SA-15-271 in support
of GinAs claim to title of 2528 West River Road Sidney.
165.
Valerie Stanfill, Michaela Murphy and Robert Mullen refuse under color of
state law to take any action in WATDC-SA-15-271 on GinAs Notice of Appeal for a
jury trial de novo in superior court and GinAs Motion for Stay of Writ of Possession
both of which GinA filed on December 11, 2015.
166.
Michaela Murphy, Robert Mullen and Valerie Stanfill have conspired under
color of state law to prohibit GinA from having a favorable final judgment in KENCV-14-176, WATDC-SA-15-271 and KEN-CV-15-58.
167.
state law prevented GinA from exercising her federal rights under the 1st
Amendment to assemble with some of Maines best lawyers during the presentation
of their public oral arguments on December 9, 2015 at 11:30AM.
168.
state law on December 9th allowed Greg Roys attorney to give ex parte oral
arguments in KEN-CV-14-176 opposing all of GinAs pending motions.
169.
Murphy issued a Procedural Order under color of state law denying all future oral
arguments from GinA before the court entered final judgment.
170.
1:16-cv-00095-NT
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173.
PageID #: 113
under color of state law on January 18, 2016 claiming GinAs motion was moot as a
result of other orders of that day.
174.
color of state law on January 18 which were only able to be filed by his attorney
because Michaela Murphy hindered all proceedings ab initio which directly gave
Greg Roy the opportunity to hire an attorney in August 2015.
175.
AVNAGRID (Central Maine Power Co.) for GinAs damaged computers and other
injuries she sustained on November 5 and thereafter.
176.
On January 26, 2016, GinA filed an application to proceed without fees under
Rule 91.
177.
CV-16-16.
178.
Page 69 of 98
PageID #: 114
Request for Default Judgment because of a missing filing fee clearly violates
MRCivP Rule 91 and Judge Robert Mullens Order.
I truly hope this is an innocent mistake.
179.
Page 70 of 98
PageID #: 115
On March 30, 2016, Justice Donald Alexander from the Supreme Court
On April 12, 2016, Kennebec County Superior Court issued Notice of Hearing
Hearing scheduled for April 28, 2016 at 10:30am, 11am, and 11:30am, respectively,
for the following cases:
a. AUGSC-CV-15-58 (Affidavit and Request for Default)
b. AP-16-04 (appeal from WATDC-SA-15-271) (hearing for what??)
c. AUGSC-CV-2014-176 (Motion to Strike)
IX.
1.
because she is: (1) disabled, (2) low income, (3) has a history of being homeless, ajd
(4) exercises her right to speak and to be heard, plus other discriminatory reasons.
4.
Page 71 of 98
PageID #: 116
they obtained through non-judicial acts for Maine Judicial Branch about
procurement and demolition of 32 Court Street to build a courthouse parking lot.
5.
actions to procure real estate for court parking, relocation of judicial offices, or for
planning, design, construction or financial management activities for any
administrative court projects for extra public parking.
6.
Defendants refuse under color of state law to properly apply statutes, laws
Defendants actions prohibit GinA from having a legal remedy in the Maine
court system.
8.
Defendants wrongful actions under color of state law directly caused GinAs
injuries as stated herein and were set into motion by Defendants and their
employer State of Maine Judicial Branch.
9.
court from a legal dispute between GinA and the opposing party into a
constitutional clash between GinA and Defendants.
10.
federal rights under color of state law in violation of the 1st, 7th and 14th
Amendments to have access to the courts, to be treated fairly, to enjoy due process
and equal protection of the laws, to speak, to be heard, to present her testimonial
witness and material evidence to a jury of her peers, to receive prompt orders on
pleadings, and to redress her legal grievances in a state court of constitutional law.
11.
Defendants have intimidated, harassed and coerced GinA under color of state
law for exercising her federal rights under the 1st, 7th and 14th Amendments to
redress her legal grievances.
12.
Defendants wrongful actions under color of state law allowed 32 Court Street
1:16-cv-00095-NT
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14.
PageID #: 117
Defendants wrongful actions under color of state law allowed the Capital
barred GinA from demanding equitable relief in multiple causes of action against
Greg Roy for their rental contract at Unit 1, 32 Court Street, Augusta.
16.
Today, GinA lives alone at 2528 West River Road, Sidney without a paying
job, a car or a drivers license with support from a community caseworker and
GinAs immediate neighbors while trying to exercise her federal fair housing rights
to have a safe and affordable low income dwelling which Congress promised to
protect against all unlawful discrimination, intimidation, coercion, harassment or
interference in 42 USC 3601 and 3617.
17.
NT show Defendants and their co-conspirators thinking was not about serving low
income disabled homeless tenants or about fulfilling their legal dut y as state judges who
all
about creating more court business at low income disabled homeless Maine
taxpayers expense and to bolster their own personal, professional, financial and
political positions as individuals, public servants and licensed real estate brokers.
Mainers are now required to pay expenses for the concrete monstrosity at 1
(32) Court Street, Augusta while trying to recover from the permanent destruction
of four historic residential buildings which have injured and will continue to injure
every low income disabled homeless tenant in Maine at least by not having access to
four safe habitable low income dwellings on Perham and 32 Court Streets.
Instead, Mainers now have to pay a $60M bond for a new courthouse which
will not generate any new jobs at the direct expense of low income disabled people.
Defendants did not individually partake in each and every event in this
complaint but they each individually conspired with at least one or many other
Defendants for the purpose of depriving GinA of her fair housing rights because she
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PageID #: 118
is a disabled, low income woman with a history of being homeless and who legally
defends herself and helps other tenants learn how to legally defend themselves.
GinAs 415 days of forced homelessness from March 1, 2012 until November
11, 2014 were due to Defendants' malicious interference with GinAs housing rights.
When Greg Roy filed the eviction case in state district court, the state district
court should have transferred the eviction case sua sponte to a federal district court.
Aside from Greg Roys illegal eviction, on behalf of City of Augusta et al, the
federal district court would have been required to conduct a fact finding on the
legality of GinAs eviction and City of Augusta and Maine Judicial Branch using
threat of eminent domain to force a sale of occupied low income homes on Perham
and 32 Court Street for construction of a new courthouse and its parking lots
without replacing any lost dwelling units.
GinA holds Defendants individually responsible for their distinct actions as
well as jointly responsible for aiding and abetting, or neglecting to prevent any or
all other Defendants from intimidating, coercing, harassing, threatening, arresting,
assaulting and imprisoning GinA from February 10, 2011 until September 26, 2014.
Defendants actions were intended to deprive GinA and which in fact deprived
GinA of her fair housing rights as a disabled low income woman who has a history
of homelessness and speaking publicly against legal injustices about housing rights.
Title II, Americans with Disabilities Act, 42 USC 12132
Medical Suspension under 29-A MRSA 2458(2)(D), January 5, 2010
a.
Proving a prima facie case under Title II of the ADA means GinA must
establish that she is: (1) a qualified individual with a disability; (2) she was
excluded from participation in or denied the benefits of the public entitys
services, programs, or activities or was otherwise discriminated against; and
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PageID #: 119
The courts have said public entities certainly have the right to consider
whether a person with a disability poses a direct threat to the health and
safety of others. However, the Department of Justice regulations insist that
any such direct threat finding must be based on reasonable medical judgment
relying on current medical knowledge or on the best available objective
evidence, not on medical presumptions made in 2005 for actions taken in
2010.
d.
her own automobile. GinA received violation free credits for that safe
behavior for years 2008, 2009 and 2010 so it was reasonable to presume GinA
did not pose a threat to the public nor was she in any way incompetent to
drive a motor vehicle (as evidenced by violation free credits) simply because
of some medication she was known to have taken in 2005 which was the sole
basis of BMVs license suspension on January 5, 2010.
e.
Stokes to officially defend the medical suspension and its criminal results in
his official capacity as Deputy Criminal AG which set a course of legal events
into motion which directly deprived GinA of her fair housing rights and her
rights under the ADA as a disabled, low income homeless woman when she
tried to access government and court services to find and maintain a safe
affordable low income home.
f.
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PageID #: 120
There are two defenses the Defendants may use if they try to overcome
any sovereign immunity defense. First, under United States v. Georgia 546
U.S. 151 (2006), sovereign immunity is waived where the facts rise to the
level of a constitutional violation. Second, if the facts do not rise to the level
of a constitutional violation, the courts must then adhere to the principles
laid out in Tennessee v. Lane 541 U.S. 509 (2004) which gets into the issue of
any equal protection classes which GinA may fall into and whether BMVs
licensing scheme is a proportional response to the alleged harm BMV claims
they were attempting to redress by the medical suspension for
incompetence.
i.
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PageID #: 121
Failed to pass proper local ordinances to fix unfit low income housing,
(B)
housing,
(C)
(D)
(E)
Refused to spend any money to build new or repair existing unfit low
income housing,
(F)
(H)
1:16-cv-00095-NT
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(K)
PageID #: 122
under its charter and IRS 501(c)(3) exemption to build and repair low income
housing units while it has $300,000 cash assets,
(L)
(M)
Defendants have inflicted upon the low income disabled and homeless classes
of people in Maine.
Eminent Domain prohibited
The State MUST PROVE this eminent domain taking IS NOT for
COMMERCIAL PURPOSES nor Primarily for the enhancement of tax revenue
under 1 MRSA 816(1)(B) which is the very nature of ALL COURT BUSINESS!!
(See May 20,2014 email between GinA and Matthew Pouliot) and
(See Maine Judicial Branch FY10-FY15 Annual Reports announcing all
court money is deposited into the State of Maine General Fund making up 2% of
total taxpayer general funds)
Destruction of Perham and 32 Court Streets residences
The only purpose Defendants had to destroy Perham and 32 Court
Street low income homes was to build the Capital Judicial Center and its
parking lots; otherwise, GinA would likely still be living in Unit 1 at 32 Court
Street and Perham Street homeowners would still be alive and living in their
homes.12
Interesting side note: Jim Osier passed away on March 23, 2015 after being forced out of his
Perham Street home in late 2014. (See September 27, 2013, 10:28am email between Jim Osier and
1
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PageID #: 123
The old YMCA lot on the corner of Winthrop and State Streets is vacant
and cleared and is double the total size of the entire Perham Street and 32
Court Street block.
At least GinA and Michael St. Andrews made public suggestions to the
City of Augusta for more court parking at the old YMCA vacant lot which
would not have displaced any homeowners or businesses and would have
allowed more residents to use the public parking garage or parking lot
during evenings, weekends and holidays.
Another viable option was to build onto the existing parking garage at the
bottom of Winthrop Street which is not utilized at any time to its fullest
capacity during the workweek and which could provide safe undercover
parking spots for court business and which could have been connected to
the courthouse by an underground tunnel or above-ground catwalk which
already exist in government building structures and state-owned
properties.
Disparate Treatment
Fair Housing Amendments Act of 1988, 42 USC 3604(f)
GinA has provided this court with overwhelming public evidence in her
Factual Background and companion case 1:16-cv-00100-NT which certainly shows
all individual Defendants in this case are males and the corporations are overseen
by males who discriminated against GinA at least for one or many reasons. Without
deciphering each individual event in its micro context to determine if GinA was
being discriminated against because she was a female, disabled, low income or
homeless, it is undeniable that GinA was subjected to repeated events of illegal
discrimination which all began as a result of GinA reporting her disability to BMV
in 2005 and all actions all Defendants have taken in defense of that initial
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PageID #: 124
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667 which GinA got dismissed in December 2013, with the final seventh count being
dismissed on December 18, 2014 by Michaela Murphy.
Defendants found in favor of GinAs opposing parties for AP-13-17 and KEN13-514 resulting from the courts and the opposing parties multiple gross violations
of rules of procedure.
In particular, Defendants considered a benign administrative medical event
which was directly related to her known disability as a prior criminal offense to
provide a legal basis to file bogus criminal charges in AUGSC-CR-2011-512 and
AUGSC-CR-2011-513 which set this entire legal skirmish into motion.
During criminal proceedings for AUGSC-CR-2012-286 and AUGSC-CR-2012667 which resulted from a coerced nolo contendre plea in AUGSC-CR-2011512/513, Michaela Murphy and her agents denied GinAs multiple demands for
exculpatory evidence and refused to hear or grant any of GinAs multiple motions to
dismiss while forcing GinA to prepare for an unconstitutional trial by jury even
though GinA was not allowed to have most of the exculpatory evidence or witnesses
she demanded to present in her defense.
In December 2013 Michaela Murphy conspired with the Assistant District
Attorney in AUGSC-CR-2012-286 to coerce GinA to agree to a fraudulent deferred
disposition contract by knowingly suppressing exculpatory evidence of the arresting
officers death who filed four of the seven charges.
Michaela Murphy and Leigh Saufley conspired under color of state laws to
deprive GinA of a full dismissal of all criminal charges for AUGSC-CR-2012-286 or
AUGSC-CR-2012-667 resulting directly from Leigh Saufley and Micheala Murphy
violating rules of civil procedure, evidence and appellate procedure under color of
state laws to enforce an invalid deferred disposition contract which Michaela
Murphy knowingly coerced GinA into signing in December 2013 as a result of
Michaela Murphy ignoring GinAs pending appeal at the time Michaela Murphy
coerced GinAs deferred disposition.
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Leigh Saufley officially ruled that Michaela Murphy was absent all
jurisdiction when Michaela Murphy accepted GinAs deferred disposition in
December 2013 because GinA had an appeal pending.
Leigh Saufley suspended civil and appellate rules of procedure for the
purpose of legalizing Michaela Murphys corrupt behavior at the time Michaela
Murphy knowingly coerced GinA to sign the fraudulent deferred disposition
contract while GinAs appeal was pending before Leigh Saufley.
On March 7, 2011 GinA had just left her job at Dunkin Donuts in WalMart
at Marketplace Shopping Center traveling in her legally registered and insured
automobile without engaging in any behaviors which would give any police officer
probable cause to make a traffic stop on GinAs private car.
Despite GinAs lawful behavior, and despite Ofc. Eric DosSantos knowledge
that license #1491178 was suspended by BMV Medical Unit for medical reasons and
#1491178 driver record showed violation free credits for 2008 and 2009, Eric
DosSantos again violated his oath to the constitution and effected an illegal traffic
stop on GinAs car without any probable cause or suspicion of any kind of criminal
conduct.
Eric DosSantos illegal, unconstitutional and discriminatory actions were all
based on his foreknowledge that GinA had a disability for which BMV Medical Unit
had suspended license #1491178 for medical reasons.
Despite Eric DosSantos knowledge of the benign medical suspension, he
issued uniform summonses for two counts of operating after suspension and other
civil violations which had the effect of directly discriminating against GinA as a
direct result of her disability and directly because GinA had properly reported her
disability and its medications to BMV Medical Unit in 2005 under MVRules 29-250
Ch. 3 which rule is unconstitutional on its face, biased against people with
disabilities, a direct violation of Title II of the ADA, and an indirect violation of the
FHA and FHAA because Mainers must be able to travel independently by car in
order to obtain and maintain safe and affordable housing because there is not
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and nonetheless finding in favor of the Humane Society Waterville Area despite
GinA properly filing and defending her complaint.
Defendants set legal precedent with AUGSC-CV-2013-226 and KEN-14-52 by
declaring Humane Society Waterville Area is not a public agency subject to the
Maine FOAA in conflict with recent precedents from other state and federal courts
adjudicating the same legal issues in favor of the FOAA.
During judicial proceedings for cases referenced above, GinA experienced a
myriad of times when the District Attorney or the opposing parties attorneys
obviously enjoyed benefits of judicial biases and favorable treatment by Defendants
and others which was condoned by their judicial colleagues principally because
GinA is a disabled unrepresented litigant who is not a member of the BAR.
3 Washington Street Place, Unit 1
GinA was forced to live in the armpit of Augustas ghetto in a room that GinA
believed was a legal rooming house at 3 Washington Street Place because she had to
sell her a car because she didnt have the ability to travel in her car without facing
constant threat of illegal arrest and imprisonment by City of Augusta Police and
their other law enforcement and judicial agents for reporting her disability to BMV
in 2005.
GinA was then forced to find a safe affordable low income dwelling in the
inner city of Augusta which she could afford on less than $835 cash per month social
security disability benefits without having the ability to get a part time job because
she didnt have access to regular intercity or inner-city public transportation during
the week or on the weekends because it doesnt exist in the Augusta area.
Instead, GinA spent most of her time learning how to write this lawsuit.
AG Criminal Investigation September 2013, MTJL
Attempted Entrapment by William Stokes and Tracy Thompson
After GinA endured years of official abuses and discrimination at the hands
of her government servants and private abuse by greedy ruthless lawless landlords,
GinA decided the public needed to be educated and they needed GinAs assistance to
educate themselves about their rights and responsibilities as tenants and landlords.
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GinAs legal background which grew partly from her experiences defending
herself against ruthless landlords for the past 30 years and partly from being
trained by some of Maines best attorneys and judges in Maine gives her the skills
necessary to walk the fine line between providing public education and giving legal
advice which GinA knows she is not legally qualified to do under Maine BAR Rules.
Even if GinA was a licensed practicing attorney, GinA knows only a litigant
or witness can enter evidence and facts into the record so a lawyers activities would
be limited to discussing the law and procedure of any lawsuit which GinA already
knew from prior years of working with state government, courts, lawyers, landlords
and other legal people.
GinA always encourages people to learn the law and rules of procedure so
they do not feel they must rely on attorneys for laws everyone should be educated to
learn.
William Stokes and his official state agent Tracy Thompson disregarded their
knowledge that GinA is not a licensed attorney when they initiated formal criminal
investigations into GinAs public legal advocacy activities with her nonprofit civic
league, MAINE TENANTS JUSTICE LEAGUE which she incorporated in July
2013.
William Stokes acted in his official capacity as Criminal Deputy Attorney
General when he authorized his agent Tracy Thompson to entrap GinA to give
Tracy Thompson legal advice about a tenants rights when a landlord is required to
eradicate bed bugs from a rental unit. However, an hour later, GinA responded to
Tracys entrapment attempt with a lawful response directing Tracy or her in-house
attorneys to read the law which terminated all formal criminal investigations into
GinAs public legal advocacy activities, as far as GinA knows.
William Stokes authorized the illegal attempt to entrap GinA simply because
GinA was exercising her rights under the 1st Amendment and 42 USC 3601 and
3617 to educate the public about their rights and responsibilities when engaging in
landlord/tenant contract relationships.
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early morning noises emanating from the construction site before and after 7am
and refusing to shut down 32 Court Street for violations to life safety codes.
In addition to discriminating against GinA after allowing her to move into an
unfit dwelling, Robert Overton facilitated the service of the illegal writ of possession
by calling Kennebec County Sheriffs office to tell them GinA would be home during
Robert Overtons inspection of the flea infestation on September 24, 2014.
Less than twenty-four hours later adding insult to injury, Robert Overton
called GinA in his official capacity as Code Enforcement Officer to get the phone
number of the male tenant in Unit 2 so he would not fall through the cracks
because he [was] not there even though Robert Overton had never taken any type of
protective action on GinAs behalf the entire 5 years she has worked with him.
Robert Overton told GinA that Robert Overton was very comfortable about
why he did everything he did as a Code Enforcement Officer for City of Augusta and
Matt Nazar so GinA reasonably presumes Robert Overton was acting under official
direction of the City of Augusta and its official agents when he constantly
discriminated against GinA because she was a woman who was known to have a
history of homelessness who was disabled low income and in desperate need of a
safe and affordable rental housing in the inner areas of Augusta.
Robert Overton took advantage in his official capacity as a Code Enforcement
Officer of personal private conversations he had with GinA over the past five years
about his work for the City of Augusta and about the various illegal activities of the
local landlords which the City of Augusta continues to conspire to perpetuate.
As the KJ described, Robert Overton was hired by City of Augusta to lead
the crackdown.
The true question is: what type of crackdown is the Maine Judicial
Branch, Defendants, Robert Overton and the City of Augusta leading?
The evidence proves the Maine Judicial Branchs and City of Augustas legal
crackdown is discriminatory against low income disabled and homeless tenants who
have no other resources for safe and affordable housing in Maine.
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GinA re-alleges and incorporates by reference the allegations set forth above.
2.
Defendants repeatedly and knowingly violated Title II of the ADA when they
intentionally and maliciously evicted GinA and other low income disabled tenants
from low income buildings knowing those buildings were unfit, unsafe and illegal to
be occupied in conspiracy with City of Augusta et al to force the disabled low income
and homeless population to move out of the inner city of Augusta Maine.
3.
cases during performance of their official duties as public servants because of her
disability.
4.
GinA v. Humane Society Waterville Area when GinA attempted to recover her stolen
service animal.
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5.
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GinA re-alleges and incorporates by reference the allegations set forth above.
7.
within constitutional limitations, for fair housing throughout the United States. by
repeatedly denying GinA and other low income disabled and homeless tenants their
fair housing rights to live in safe affordable low income housing without the threat
of interference, coercion or intimidation by private people and public servants for
exercising their fair housing rights under 42 USC 3601 et seq.
COUNT III, 42 USC 3604(f)
8.
GinA re-alleges and incorporates by reference the allegations set forth above.
9.
low income rental units and otherwise made low income rental units unavailable to
GinA and other low income disabled and homeless tenants and denied GinA the
right to enjoy long-term rental contracts for her low income dwellings because of
GinAs disability and because she is a member of the homeless community which
makes her and people who are similarly situated most vulnerable to greedy ruthless
predator landlords like Royce Watson, Ray Corporation and Greg Roy.
COUNT IV, 42 USC 3617
10.
GinA re-alleges and incorporates by reference the allegations set forth above.
11.
The public evidence listed in this complaint amply prove Defendants have
GinA re-alleges and incorporates by reference the allegations set forth above.
19.
Murphy and Valerie Stanfill refused to docket GinAs unnotarized affidavits under
color of state laws which GinA signed under penalties of perjury pursuant to 28
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USC 1746 which allows, Wherever, under any law of the United States , any
matter is required or permitted to be supported, evidenced, established, or proved by
the sworn affidavit, in writing of the person making the same such matter may,
with like force and effect, be supported, evidenced, established, or proved by the
unsworn declaration, in writing of such person which is subscribed by him, as
true under penalty of perjury, and dated, in substantially the following form: (2) If
executed within the United States, its territories, possessions, or commonwealths: I
declare (or certify, verify, or state) under penalty of perjury that the foregoing is true
and correct. Executed on (date). (Signature).
20.
under color of state laws directly prevented GinA from speaking to the court, from
being heard, from giving testimony or evidence, from enjoying equal protection of
laws and reasonable accommodations for her known disabilities, inter alia.
21.
Unnotarized Affidavits pursuant to 28 USC 1746 under color of state law saying
GinAs affidavit was moot as a result of other wrongful orders Michaela Murphy
issued under color of state laws on that same day.
22.
Leigh Saufley, Joseph Jabar and Robert Mullen have aided and assisted or
Defendants violated GinAs rights under color of state laws as secured by the
1st Amendment by rejecting GinAs unnotarized affidavits under color of state laws
although the affidavits substantially complied with federal requirements under 28
USC 1746.
COUNT VI, 1st Amendment
24.
GinA re-alleges and incorporates by reference the allegations set forth above.
25.
The public evidence listed in this complaint amply proves Defendants have
repeatedly deprived GinA of her right to speak, to be heard and to assemble as aptly
evidenced in the many public records restated verbatim in the Factual Background.
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GinA re-alleges and incorporates by reference the allegations set forth above.
13.
The public evidence listed in this complaint amply proves Defendants have
repeatedly deprived GinA of her right to enjoy a trial by jury in any of her eviction
cases in state district or appeals in state superior court as aptly evidenced in the
many public records restated verbatim in the Factual Background.
COUNT VIII, 14th Amendment
14.
GinA re-alleges and incorporates by reference the allegations set forth above.
15.
The public evidence listed in this complaint amply proves Defendants have
repeatedly deprived GinA of her right to enjoy due process as evidenced in the many
public records stated verbatim in her Factual Background.
COUNT IX, 42 USC 1981
26.
GinA re-alleges and incorporates by reference the allegations set forth above.
27.
woman who has a history of homelessness when Defendants refused to enter proper
orders or take proper actions in GinAs criminal and civil cases since February 2011.
COUNT X, 42 USC 1983
28.
GinA re-alleges and incorporates by reference the allegations set forth above.
29.
rights, privileges and immunities secured by the federal constitution and laws
under color of state law, rules of civil procedure and court custom during
adjudications of each and every lawsuit referenced herein and itemized at the
beginning and throughout this complaint.
30.
GinA affirms declaratory relief is not available in Maine state courts because
GinA affirms declaratory relief is not available in Maine state courts because
Leigh Saufley has judicial power to override all judicial rulings made by all named
and unnamed Defendants.
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GinA re-alleges and incorporates by reference the allegations set forth above.
33.
(by a default eviction judgment/writ of possession) under color of state laws from
testifying and attending court hearings in AP-14-56, KEN-CV-14-176, KEN-14-410,
and WATDC-SA-15-271 to freely, fully and truthfully give testimony in her defense
and pursuit of her legal and equitable remedies.
34.
state laws to obstruct the due course of justice on December 9 in both WATDC-SA15-271 and KEN-CV-14-176 for the purpose of prohibiting GinA from assembling
with and learning expert legal strategies from highly-esteemed licensed lawyers at
11:30AM in Kennebec County Superior Court.
37.
state laws to obstruct the due course of justice on December 9 in KEN-CV-14-176 for
the purpose of prohibiting GinA from giving oral arguments about facts surrounding
Defendants conspiracy with Greg Roy which built the merits for KEN-CV-14-176
and for which the Defendants know they have no affirmative or legal defense.
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38.
PageID #: 137
state laws to obstruct the due course of justice by failing to transfer AUGDC-SA-14453 and KEN-CV-14-176 to federal district court for having a significant conflict of
interest causing their want for jurisdiction.
39.
Defendants conspired with each other for the sole purpose of impeding,
hindering, obstructing and defeating in every manner thinkable the due course of
justice in all herein referenced cases for the purpose of injuring GinAs liberty,
person and property in retaliation for her attempt to lawfully enforce her federal
rights to redress her legal grievances as secured by the constitution.
COUNT XII, 42 USC 1985 (3)
40.
GinA re-alleges and incorporates by reference the allegations set forth above.
41.
under color of state laws from testifying and attending public meetings and
proceedings.
COUNT XIII, 42 USC 1986
42.
GinA re-alleges and incorporates by reference the allegations set forth above.
43.
Defendants had knowledge that the wrongs they conspired to do herein and
having the power to prevent or aid in preventing the commission of such unlawful
acts or neglected or refused to prevent those wrongful acts despite Defendants
ability to prevent such wrongful acts did in fact cause severe, permanent and
irreparable injuries to GinAs person, property, reputation, health, safety and
welfare.
44.
capacity under color of state laws prohibited GinA from exercising her federal rights
in state courts during adjudication of the herein stated cases related to 32 Court
Street Augusta and 2528 West River Road Sidney to have access to the courts, to
speak, to be heard, to not speak, to present material evidence and witness
testimony, to not be forced to attend fraudulent trials, to have hearings scheduled
promptly, to attend hearings, to enjoy due process and equal protection of the laws,
to present her grievances to a jury of her peers in a constitutional trial in superior
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GinA was unwillingly homeless for at least 415 days between March 1, 2012
and November 11, 2014 directly due to Defendants criminal conspiracies,
2.
GinA suffers daily emotional torture watching her 28 year old daughter
struggle to find safe affordable low income housing in a safe neighborhood in
Augusta for GinAs 5 year old granddaughter.
3.
GinA suffers emotional torture knowing her daughter and granddaughter are
suffering at the hands of GinAs abusive mother because GinAs daughter has
to live with GinAs mother while GinAs daughter tries to find a safe
affordable low income home in a peaceful Augusta neighborhood for GinAs
granddaughter.
4.
GinA worries greatly about where GinA will live if she ever needs to find
rental housing in Augusta at any time in the future.
5.
GinA suffers daily emotional torture because she is financially and physically
unable to help her daughter and granddaughter because GinA cannot travel
by herself to get a paying job so she doesnt have many ways to help her
family.
6.
GinAs inability to help her daughter and granddaughter has been the direct
and proximate cause for the significant deterioration and breakdown in
GinAs relationship with her daughter because GinAs daughter does not
understand the criminal and legal injustices committed against GinA for the
past 7 years.
7.
GinA has been alienated from her entire family as a direct result of GinA
being charged with multiple criminal and civil charges, her inability to get a
job, maintain stable housing, have a relationship with her daughter,
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granddaughter and other family members the way she is supposed to have
and wants to have,
8.
9.
GinA was threatened with bodily injury by a firearm and false arrest by
Augusta Police while she was homeless between September 26 and November
11, 2014.
10.
GinA has become hyper vigilant of any type of attacks that may be lodged
against her which has caused her to always be on alert for any subtle signs of
danger which causes her severe sleep deprivation and other persistent
physical, emotional and mental injuries,
11.
GinAs physical health has deteriorated to such a severe state that she is now
considered legally malnourished due to her in inability to transport herself
to the grocery store, because of her housing instabilities and financial
destitution,
12.
GinA has lost most of her teeth since 2011 because of total malnourishment,
13.
14.
GinAs loss of most of her teeth directly damages GinAs public reputation,
personal relationships, and her total self-esteem, physical health and
wellness,
15.
GinAs malnourishment and tooth loss has directly caused GinA to experience
a very dangerous weight loss of more than 30 pounds since 2012,
16.
17.
GinAs inability to travel to the outskirts of Augusta and other parts of Maine
in her own private car without a chauffeur was the direct and proximate
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cause for GinA having to live in the armpit of the ghetto at 3 Washington
Street Place which served to re-traumatize GinA by having to experience
Tyler Robinsons daily domestic violence against GinA and his live-in
girlfriend for which GinA had no landlord or police protection,
18.
GinA lost possession and ownership of her beloved service animal to Humane
Society Waterville Area (Smokey, her well-trained emotional therapy cat)
after GinA was kicked out of 239 Cony Street and had to stay a hotel in
Waterville that evicted GinA after 3 days under threat of false arrest for
refusal to pet fees,
19.
GinA had to sell her beloved Toyota Celica in 2013 so she had money to pay
rent since she was falsely arrested each time she attempted to use her
property,
20.
GinA has spent the past 5 years doing nothing but learning how to defend
herself under the law and how to write this lawsuit which has deprived GinA
of the basic enjoyments and simple pleasures of life in Maine,
21.
2.
Permanent injunctive relief removing all Defendants from the bench and
from all judicial capacities for the State of Maine and any other state.
3.
Permanent injunctive relief forever barring all Defendants from holding any
government or public office of public trust at taxpayer expense in any state.
4.
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5.
6.
Declaratory and injunctive relief forever barring all state and federal judges
and their judicial employees from maliciously issuing wrongful orders against
GinA.
7.
Declare and order any and all proper reasonable monetary, equitable and
injunctive relief for Defendants acting in complete absence of all judicial
authority in AUGDC-SA-14-453, AP-14-56, KEN-14-410 and KEN-CV-14-176.
8.
Enter all orders as required by law in the lower state case KEN-CV-14-176.
9.
Enter all orders as required by law in the lower state cases KEN-CV-15-58,
KEN-CV-15-59, WATDC-SA-14-271 and KEN-RE-15-68.
10.
Order permanent injunctive relief against all state and federal court judges
to cease and desist scapegoating GinA as a disabled unrepresented litigant.
11.
Order permanent injunctive relief against all state and federal court judges
by ordering them to fairly apply all pertinent federal and state rules, laws,
statutes, policies and court customs according to laws not repugnant to the
constitution in all of GinAs active state court cases and her future litigation.
12.
Order all other proper declaratory, injunctive and equitable relief including
necessary writs of mandamus for pending state cases which may require this
courts oversight.
13.
14.
15.
16.
All other monetary, declaratory, injunctive and equitable relief this Court
finds appropriate.
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17.
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A complete internal investigation of all cases in which GinA has been a party
to determine how many times Defendants have previously engaged in any
malicious or prejudicial actions under color of state law while acting in a
judicial capacity in GinAs closed cases.
Due to the public significance of the events cited in this complaint and GinAs
need to proceed without legal representation, GinA requests any necessary leave to
correct any technical or procedural errors or omissions which may cause this court
to dismiss any part of the complaint, in part or whole, sua sponte.
Sworn and subscribed to under pains and penalties of perjury on this 20th day
of April, 2016.
_______/s/ GinA___________________________
GinA
2528 West River Road
Sidney, Maine 04330
(207) 209-1767
[email protected]
VERIFICATION
I, GinA, verify that I have read this Verified Complaint and swear the facts
stated herein are true based on my own knowledge, experiences, information, and
belief.
Executed under pains and penalties of perjury on this day in the town of
Sidney, county of Kennebec, state of Maine.
DATE: April 20, 2016
_______/s/ GinA___________________________
GinA
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