RIDGEWAY ADMINISTRATIVE COURT
YASSEN28, SOUKABLET,
JAMESGARDAI,
Plaintiffs,
v.
RIDGEWAY NATIONAL GUARD;
CONSTANTLYVERBAL, in their
official capacity as Captain of the
Ridgeway National Guard;
BOHBAZINGA, in their official
capacity as Adjutant General of the
Ridgeway National Guard,
Defendants.
Case No. RSC-AD-619
AMENDED CIVIL COMPLAINT
PLAINTIFFS, for their complaint against the National Guard, et al., allege as follows:
AMENDED COMPLAINT
Plaintiff seeks leave to amend the original complaint in light of new factual
developments. This court should “liberally permit amendment of the pleadings,” China Agritech,
Inc. v. Resh, 138 S. Ct. 1800 (2018), especially when “justice so requires” such an action.
Kontrick v. Ryan, 540 U.S. 443 (2004). Amended pleadings would not prejudice the Defense.
These pleadings are amended given new factual developments, new plaintiffs who have come
forward, and to ensure efficiency and judicial economy in our court's system.
PARTIES
1. Yassen28 is a citizen of the State of Ridgeway.
2. Soukablet is a citizen of the State of Ridgeway.
3. JamesGardai is a citizen of the State of Ridgeway.
4. Ridgeway National Guard is an official subsidiary of the State of Ridgeway.
5. ConstantlyVerbal is a citizen of the State of Ridgeway and the Captain of the Ridgeway
National Guard and a command member of the Military Intelligence Services.
6. Bohbazinga is a Citizen of the State of Ridgeway and the Adjutant General of the
Ridgeway National Guard.
JURISDICTION
7. This court has original jurisdiction to hear “all civil claims involving administrative
action, or policy, or rules of governing agencies.” Administrative Procedures Act, § 3.2.
8. This court may also grant “equitable remedy necessary to ensure proper enforcement of
the law.” Administrative Procedures Act, § 3.3(a).
9. As for each cause of action, liability has been “explicitly created” against the
government, and thus, no claim is barred by sovereign immunity. Civil Claims Act, §
2.2(b).
FACTS
I. Yassen28
10. On August 3rd, 2022, Yassen28 (“Yassen”) applied to the Ridgeway National Guard
(RNG) in a good-faith effort to expand his opportunities in the future, service the citizens
of the State of Ridgeway, and earn an income to sustain himself.
11. Yassen has been a member of ROBLOX since March 22, 2016.
12. He has earned a number of badges playing games throughout those years, has 66 friends,
and 249 followers, and is involved in over 20 groups.
13. Yassen has been a citizen in the State of Ridgeway for roughly one year, joining in the
summer of 2021.
14. Yassen has his inventory open and viewable to the public. It was in this status at the time
that he applied and throughout the time that his application was being disposed of, and
remains open always.
15. Yassen does not associate with any criminal organizations and has no criminal records to
his name. He has never been convicted in a court of law, and actively makes the effort to
ensure his actions are in accordance with it.
16. Yassen is a good-hearted member of the Ridgeway community and makes a diligent
effort to treat everyone with kindness and fairness.
17. On August 10th, 2022 at about 7 pm EST, Yassen’s application to the Ridgeway National
Guard was denied, and the indicated reason for denial was because of the background
check.
18. On or around August 13th, the Plaintiff’s application was noted as denied for “prior
moderation action.”
19. The Plaintiff has appealed and reversed any previous moderation action, and does not
have any pending moderation action, nor did he at the time that the application was
submitted.
20. In order to obtain this moderation action, the Defense had to ask a moderator to access
non-public databases to collect the information that they would not normally have access
to.
21. In order to deny Plaintiff for moderation action against him, there must be pending
moderation action under the law.
22. ConstantlyVerbal is the Captain of the Military Intelligence Services (MIS) who is
responsible for conducting background checks on all applicants and has the final say
about the disposition of the background check.
23. ConstantlyVerbal indicated in a public announcement to applicants that background
checks were complete and not to ask any member of MIS about why an applicant may
have been denied.
24. There was no reason associated with the denial of the Plaintiff’s background check, it
only indicated that he had failed one.
25. Domieisok, a Major in the Ridgeway National Guard who has the authority to review
applications, made a comment on the Plaintiff’s application expressing praise of the
application noting that it had good “detail.”
26. The denial of Plaintiff’s application prevents him from advancing his career in the future
as well as from earning an income and pursuing his calling.
27. More than Plaintiff, the Ridgeway National Guard denied 75% (55) of its applicants
because of the failed background check, accepting only 18.
II. Soukablet
28. On or around August 3rd, 2022, Soukablet (“Souka”), applied to the Ridgeway National
Guard in an effort to further his career opportunities, obtain a higher rate of income, and
provide for and protect his fellow citizens.
29. Souka has been a citizen in the State of Ridgeway since roughly January of 2022.
30. Souka is a main account, and his consistent activity on this account would lead anyone to
believe that he is a main account. He has an account over a year old, has a number of
badges, friends, followers, and inventory items.
31. Souka is a delivery driver at StudsPerSecond, a local business in Ridgeway as well. He
has been employed at StudsPerSecond since July 2nd, 2022.
32. On or around August 10th, Souka’s application to the Ridgeway National Guard was
denied because he failed the background check.
33. The Ridgeway National Guard has not notified Souka of any reason why his application
failed. There was no indication that his inventory was not open, nor that he was an
alternate account on the database.
34. Domieisok, someone who checks the substance of the application, noted that the
application had “good substance…good detail…and good reasoning.”
35. Souka does not have any moderation history nor does he presently face moderation action
in the State of Ridgeway.
36. Souka has never been convicted nor prosecuted in court, nor has he ever been arrested or
fined by any law enforcement officer.
37. Souka is not actively involved in any criminal or terrorist organization nor has he ever
been.
38. Souka is a well-respected member of this community who has reported criminals to the
Department of Justice, works for a locally owned business, and has never offended the
law.
39. Souka’s background check was denied in a way that was inconsistent with the law.
III. JamesGardai
40. On or around August 3rd, 2022, JamesGardai (“Mr. Gardai”), applied to the Ridgeway
National Guard to expand his employment within the state, obtain a higher rate of
income, and provide for his fellow citizens through his service to the state.
41. Mr. Gardai has been a citizen in the State of Ridgeway since May of 2022.
42. Mr. Gardai is a main account, and his activity corroborates this fact. He has played
ROBLOX since September 13th, 2015. His account is many years old, has over seventy
pages of badges, and his inventory page is open.
43. Mr. Gardai is employed by the Ridgeway County Transit Authority (“RCTA”), and he
has been employed by the RCTA since May 27th, 2022.
44. He is currently in the Office of Transit Investigations in the RCTA.
45. Mr. Gardai has never been convicted nor prosecuted in court, nor has he ever been
arrested or fined by any law enforcement officer.
46. Mr. Gardai is not actively involved in any criminal or terrorist organization nor has he
ever been.
47. Mr. Gardai has never received any dishonorable discharge from any department in the
State of Ridgeway.
48. On or around August 10th, Mr. Gardai’s application to the Ridgeway National Guard was
denied because he failed the background check.
49. The Ridgeway National Guard has not notified Mr. Gardai of any reason why his
application failed. There was no indication that his inventory was not open, nor that he
was an alternate account on the database.
50. In fact, domieisok, someone who reviews the actual substance of the application, made
note that the application was sufficient “to pass to the next level.”
51. Mr. Gardai does not have any moderation history nor does he presently face moderation
action in the State of Ridgeway.
52. Mr. Gardai’s background check was denied in a way that was inconsistent with the law.
FIRST CAUSE OF ACTION
(2 R. Stat. § 3149 Unfair Hiring Practices )
53. All allegations in this complaint are re-alleged and incorporated as a reference in this
cause of action.
54. Subsection 2.8 of the Administrative Procedure Act provides a cause of action when
agencies engage in “prejudicial or unfair hiring practices.”
55. Subsection 2.7 of the same act provides an “objective criteria” for determining whether or
not someone passes a background check.
56. Plaintiffs, in this case, satisfy each of the prongs of their background checks.
57. The Ridgeway National Guard applies the wrong standard and uses unlawful procedures
for determining whether people pass the background check and did so in this case to deny
a number of applicants including Plaintiffs here.
58. The Ridgeway National Guard arbitrarily denied the Plaintiffs here, as well as a number
of other applicants as a direct result of their application of the wrong criteria, standards,
and procedures for background checks.
59. Subsection 2.7(d-e) obligates special notification requirements for those who fail
background checks as a result of the fact that they are an alternative account or if their
inventory is hidden. But not a single applicant had either of these indications.
Additionally, ConstantlyVerbal expressly forbade applicants from asking members of
MIS about why their background check failed.
SECOND CAUSE OF ACTION
(1 R. Stat. § 314 Official Misconduct)
60. All allegations in this complaint are re-alleged and incorporated as reference in this cause
of action.
61. ConstantlyVerbal makes the final determination as to the disposition of background
checks or, at the very least, has a significant say in the final disposition of the background
checks.
62. ConstantlyVerbal applied a standard and procedures that are inconsistent with the law to
fail the Plaintiff’s background check.
63. ConstantlyVerbal used his official position as Captain of the Military Intelligence
Services to deny the Plaintiffs’ application on an unlawful basis because that denial was
contrary to the Plaintiffs’ legal rights.
64. Bohbazinga is the head of the Ridgeway National Guard and makes the final
determination of all employment actions and maintains hiring procedures.
65. Bohbazinga failed to remedy hiring procedures that are contrary to the law and, by and
through his agents, failed the Plaintiffs’ background checks.
THIRD CAUSE OF ACTION
(1 R. Stat. § 316 Impediation of Privileges)
66. All allegations in this complaint are re-alleged and incorporated as reference in this cause
of action.
67. Plaintiffs have a statutory privilege and right to be free from unfair hiring practices, and
background checks that are subjective and not based on the clear legal standards.
68. Plaintiffs pass all of the background check requirements, and the Ridgeway National
Guard, ConstantlyVerbal, and bohbazinga arbitrarily failed their background checks on a
subjective basis in violation of their legal right as a result of unlawful procedures used by
the Ridgeway National Guard.
RELIEF
69. WHEREFORE, Plaintiffs request that the court grant relief as follows:
A. The issuance of an order directing the Ridgeway National Guard,
ConstantlyVerbal, and bohbazinga to comply with all statutory obligations as it
relates to hiring practices.
B. An injunction against ConstantlyVerbal, bohbazinga, and the Ridgeway National
Guard from continuing to make considerations in background checks that are
arbitrary and contrary to the law.
C. Declaratory relief that the denial of the Plaintiffs’ application was contrary to the
law and a transgression of their legal rights.
D. Declaratory relief that the procedure used by the Ridgeway National Guard was
unlawful.
E. Award attorney’s costs and fees.
F. Any other remedy deemed necessary by this court.
Dated: August 15, 2022 Respectfully submitted.
CLIFFORD2
Counsel
10 000
TURNTABLE5000
Counsel
10 000
