THE STATE OF RIDGEWAY
RIDGEWAY COUNTY COURT
OPPOSITION TO MOTION TO DISMISS
The Appelle(s) and counsel seek to dismiss the Appeal, a motion to which the Appellant
and counsel strongly opposes. Appellant and counsel contest that there are no valid grounds for
dismissal of the appeal, and that it would be highly improper to dismiss the appeal due to the
lack of appropriate grounds for dismissal.
First of all, Appellee(s) and counsel make the rather ridiculous claim that the appeal is
“frivolous” and they attempt to cite case law supporting their stance. They then attempt to assert
that Appellant and counsel’s appeal is frivolous based on an allegation that the sole reason for the
appeal was concerns of inappropriate influence over judicial actions. Quite simple, this is false.
The primary reason for the appeal is that dismissal with prejudice was not appropriate under the
circumstances in the opinion of Appellant and counsel. By dismissing the original suit with
prejudice, the court effectively denied any possible remedy for the damages sustained by the
original Plaintiff without even hearing the case.
Dismissal with prejudice is usually only used in a situation in which the case is unlikely
ever to succeed in court, and as such there is no reason for future litigation of the matter. This is
not true in this case. Rather the reason why the initial claim failed was largely due to mistakes
made in filing over what torts were chosen and other matters, but the merits of the case are still
strong. As such it would be a miscarriage of justice to allow the dismissal to stand as the
dismissal prevents the original plaintiff from ever getting justice.
The Appellee(s) and counsel have also attempted to contest that the issues to be raised
upon appeal were not listed, which is simply false and simply reading over what we have
submitted previously makes that clear. So overall it is ridiculously and borderline asinine to
suggest that Appellant and counsel have not raised issues of law or fact, as we have repeatedly.
The Appellant and counsel were fully complacent with the Rules of Appellate Procedure in filing
the appeal. In fact one of the most difficult things has been that initially the District Attorney’s
Office attempted at one point to declare that there was no basis for a suit, and then when
Appellant and counsel attempted to counter this by bringing up facts, Appellant and counsel
were told by the court that it was not the appropriate time to bring up such matters *despite the
fact that the District Attorney’s Office was the one who FIRST brought the matter up*. The court
Tomskipetski5,
Appellant(s),
vs.
LewisMedvedeva, IN HIS OFFICIAL
CAPACITY AND PERSONAL
CAPACITY;
PALMER POLICE DEPARTMENT,
Appellee(s).
Case No.: CCRC-AP-1347
OPPOSITION TO MOTION TO DISMISS
Judge(s): Honorable NeilMGorsuch,
Honorable Kolibob & Honorable
Uncircuit_ALT
then essentially ignored all statements of fact made by the then plaintiff and counsel, and
proceeded to declare the case failed to meet Iqbal/Twombly standards, which was ridiculous
since Appellant and counsel were never given a fair chance to prove the case met the
Iqbal/Twombly standards.
Furthermore, the fact that a case was dismissed with prejudice for errors made while
filing is frankly a needless waste of what is otherwise a very strong case to be made against the
Appellee.
The bottom line is that there were filing errors made by the plaintiff and counsel which
made it difficult for the case to proceed in a court of law. However, a motion to dismiss was
inappropriate then as the case had strong merits and still would, and those merits would satisfy
the Iqbal/Trombly standards. Dismissing the initial suit was not the right move for the courts to
make, and dismissing this appeal would also not be the right move for the courts to make.
Appellant and counsel have strong grounds to take this case to trial, and deserve to be given a
trial to be able to actually seek justice.
DATED: July 1st, 2021
Respectfully submitted,
jedistormtrooper0625, Esq
Attorney-For-Appellant
/s/ jedistormtrooper0625
Dannlabs, Esq
Attorney-For-Appellant
/s/ Dannlabs
