THE STATE OF RIDGEWAY
RIDGEWAY COUNTY COURT
Tomskipetski5,
-against-
LewisMedvedeva, IN HIS OFFICIAL
CAPACITY; PALMER POLICE
DEPARTMENT
Case No. CCRC-CV-1308
MOTION TO DISMISS WITH
PREJUDICE
Presiding Judge: Honorable Antradz
MOTION TO DISMISS WITH PREJUDICE
The defense in the aforementioned matter hereby submits a motion to dismiss with
prejudice for failure to state a claim.
ARGUMENTS
PLAINTIFF VIOLATED NON DISCLOSURE AGREEMENT
Plaintiff violated clause 2 of the Non-Disclosure agreement which states "I understand
and hereby agree to not disclose radio communications unless authorized by competent authority
of Ridgeway County. I will not utilize any discord screen sharing methods to unauthorized
persons, I will not give out screenshots, or provide video to the public that may contain radio
communications that are being used within Ridgeway County. “
The plaintiff video discloses "DEPARTMENT" radio communications without any
proper authorization. Non-Disclosure agreement contains an advisory statement, with the clause
of "May contain". This advisory statement signifies that employees under the Non-Disclosure
agreement can not disclose radio communications whether or not it does or doesn't contain active
radio messages.
LACK OF SUBJECT MATTER JURISDICTION
In the plaintiffs civil complaint, the plaintiff requested "a public apology from
LewisMedvedeva, and for Mr. LewisMedvedeva to admit wrong on behalf of himself and his
department. The defense asserts that the courts can not grant such relief because pursuant to 5
R.Stat. § 301, Ridgeway County Courts can not provide "any injunction relief of apologies or
letters of regret"
In the plaintiffs civil complaint, the plaintiff requested $5,000 ingame currency as
compensatory damages. The defense asserts that the courts can not grant any monetary relief
pursuant to 5 R.Stat. § 303
LACK OF STATUTORY JURISDICTION
The plaintiffs brought the following tort against Chief of Police LewisMedeva "5 R. Stat.
§ 401 - Official Misconduct" The following charge is listed as a criminal tort, which is a criminal
wrongdoing. The plaintiff does not hold the power to pursue any criminal statute against any
individual, as the power is solely given to the District Attorney through the County Charter §
7.03.
FAILURE TO STATE A CLAIM
The Plaintiffs allegations within the civil complaint, and alleged torts are insufficient to
establish any cause of actions
The Plaintiffs compensatory relief can not be granted, in a civil suit where the
government is a party, or has intervened. Courts lacks jurisdiction to grant such relief pursuant to
5 R. Stat. § 303. Thus, reaffirming that the complaint and alleged torts are insufficient to
establish any cause of actions
UNLIKELY TO SUCCEED ON THE MERITS
The complaint the Plaintiffs provided does not meet the Twombly/Iqbal pleading
standards. Plaintiff has affirmed in a non disclosure agreement, that he was “advised that any
breach of this Agreement may result ... termination of [the Plaintiff’s] employment or other
relationships with the Departments or Agencies that granted my security clearance or
clearances.” thereby giving up any legal right or claim to employment if the terms of the
agreement were violated.
The remaining tort is 5 R. Stat. § 315 which allows for the overturning of an
administrative action by injunction (only) if that action was “arbitrary, capricious, an abuse of
discretion, or otherwise not in accordance with law; contrary to constitutional right, power,
privilege, or immunity; in excess of statutory jurisdiction, authority, or limitations, or short of
statutory right; without observance of procedure required by law; unwarranted by the facts to the
extent that the facts are subject to trial de novo by the reviewing court”
The administrative action done by the Palmer Police Department, and its agent,
LewisMedvedeva was not an action that was arbitrary or capricious and was within the defined
legal boundaries of the non-disclosure agreement, and the standard search agreement that
Plaintiff had agreed to.
DATED: June 17th, 2021
Respectfully submitted,
Jaredft45
Assistant District Attorney
Counsel for Defense
/s/ jaredft45
