STATE OF RIDGEWAY
DORKJACOB,
)
)
)
)
)
)
)
)
)
)
DOCKET NO. RSC-CV-701
PRESIDING JUDGE: HON. KOALA
ANSWER TO COMPLAINT
Plaintiff
v.
RYANJSYNDICATE ET. AL.,
Defendant
ANSWER TO COMPLAINT
Comes now the Defendant, PeakEffect, by and through the undersigned counsel, hereby answering the
civil complaint brought forth against them.
GENERAL DENIAL
Unless expressly admitted below, the Defendant(s) denies each and every allegation that the Plaintiff has
brought forth in their Complaint.
INTRODUCTION
1. Admitted in part, denied in part. The emergency lighting was switched to the rear only lighting
setting for increased traffic visibility.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted in part, denied in part. The objective feeling of detainment is not applicable in any
legal setting. In INS v. Delgado, 466 U.S. 210 “That such feeling of constraint was reasonable
should be beyond question in light of the surrounding circumstances.” After being informed he
wasn’t detained whatsoever, and not being forced to stay on the location, it would be
unreasonable to determine if the detainment was still valid.
6. Admitted.
7. Admitted.
8. Admitted.
9. Admitted.
10. Admitted.
11. Admitted.
12. Admitted.
13. Admitted.
14. Admitted.
15. Admitted in part, denied in part. See response number 5 for argument. In addition the bus was
not entirely surrounded, the defendant had ample opportunity to reverse his vehicle from the
location but instead, decided to waste his time talking to law enforcement who had already
informed him he wasn’t being detained.
16. Admitted.
LEGAL STANDARDS
17. Admitted
18. Admitted
19. Admitted.
JURISDICTION AND VENUE
20. Admitted
21. Admitted
PARTIES
22. Admitted.
23. Admitted.
24. Admitted.
25. Denied. Member was not on-scene as an individual representing the Ridgeway Park Service.
26. Admitted.
27. Denied. Member was not on-scene as an individual representing the Ridgeway Park Service.
SECOND CAUSE OF ACTION
30. Admitted
31. Denied. The individual was informed he was free to go during the interaction. In addition, the
Plaintiff cited a Hit and Run case in the facts of the incident. Applying the same standard, it can
also be applicable to the timestamp of 0:24 where the Plaintiff strikes an individual with their
vehicle, and flees the scene, thus establishing probable cause for a Hit and Run interaction/stop
pursuant to Ridgeway State Vehicle Code § 705. Referencing bullet point number 18, it reads
“To prove official misconduct…a public servant committed an act relating to his office but
constitutes as unauthorized exercise of his official functions, knowing that such act is
unauthorized.” Establishing Probable Cause for a traffic stop is a key element relating to the
duties of a public servant, which in this instance was established due to the vehicle accident that
occured in the Plaintiff’s own video. Law enforcement have no obligation to inform the
individual on the exact specific reason for the stop, as long as it is done during the interaction,
although the Plaintiff asked to leave prior to the interaction even concluding. It is clear in the
evidence provided to the court by the Plaintiff, that probable cause was established due to the
Plaintiff leaving the scene of a Motor Vehicle Collision with a pedestrian. In addition, the
Plaintiff also fled the scene of the original stop after pulling over, which further established
probable cause for the detainment. Evasion is defined as “The act of willfully fleeing from peace
officer whilst they are attempting to perform their duties, granted the peace officer has identified
themselves and used proper devices such as verbal commands or police equipment to stop the
suspect from a reasonable distance.” Ridgeway State Criminal Code, §2.09. The Plaintiff was
aware he was being stopped by law enforcement, as evident by him pulling to the side of the
road. During a traffic stop, if an officer turns his lights off, it does not mean you are free to drive
away. Thus, adding to the additional probable cause element.
RELIEF
The Defendants assert that the Plaintiff is not entitled to any relief.
Respectfully Submitted,
/s/RyanJSyndicate
RyanJSyndicate
Solicitor General; Office of the Solicitor
General
R.W. Bar #18106
