Ridgeway Unified Courts

JUDICIAL COUNCIL OF RIDGEWAY

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IN THE SUPERIOR COURT OF THE STATE OF RIDGEWAY ADMINISTRATIVE DIVISION AT PALMER MAYOLLID, individually and on behalf of all others similarly situated, Plaintiff, v. TECHIEY, Attorney General of the State of Ridgeway, in his official capacity; ET AL. (see supp. complaint), Defendants. : : : : : : : : : : : : : : : : : Case No. RSC-AD-2460 Judge: jyoungbird ⠀⠀ ⠀⠀ CLASS ACTION 1 R. STAT. § 3201 ADMINISTRATIVE COMPLAINT FOR INJUNCTIVE RELIEF NOTICE OF APPEARANCE To the Clerk: Please enter the appearance of Josef13344 as counsel for Plaintiff in the above-captioned matter. All discovery and filings in the above case should be served on Josef13344 via Discord. DATED: March 14, 2024 JOSEF SULLIVAN, ESQ. /s/Josef13344 - Josef13344 Ridgeway Bar No. 21109 Counsel of Record Palmer Apartments, Suite 5B Palmer, Ridgeway Tel.: (430) 946-8594 Fax: (753) 632-2442 E-mail: [email protected] Attorney for Plaintiff NOTICE OF APPEARANCE Josef Sullivan, Esq. Palmer Apartments, Suite 5B Palmer, Ridgeway 33369 Phone: (430) 946-8594 Fax: (753) 632-2442 JOSEF13344 ESQ., RSB No. 21109 [email protected] Palmer Apartments, Suite 5B Palmer, Ridgeway 33369 Tel.: (430) 946-8594 Fax: (753) 632-2442 E-mail: [email protected] Attorney for Plaintiff COMPLAINT - 0 - Josef Sullivan Esq. Palmer Apartments, Suite 5B Palmer, Ridgeway 33369 Phone: (430) 946-8594 Fax: (753) 632-2442 IN THE SUPERIOR COURT OF THE STATE OF RIDGEWAY ADMINISTRATIVE DIVISION AT PALMER MAYOLLID, individually and on behalf of all others similarly situated, Plaintiff, v. TECHIEY, Attorney General of the State of Ridgeway, in his official capacity; RIDGEWAY DEPARTMENT OF JUSTICE, a government entity; STATE OF RIDGEWAY, a government entity, Defendants. : : : : : : : : : : : : : : : : : : : : : Case No. RSC-AD-2460 Judge: jyoungbird ⠀⠀ ⠀⠀ CLASS ACTION 1 R. STAT. § 3201 ADMINISTRATIVE COMPLAINT FOR INJUNCTIVE RELIEF CLASS ACTION ADMINISTRATIVE COMPLAINT _____0. __Plaintiff Mayollid ("Plaintiff"), individually and on behalf of all others similarly situated, by and through Plaintiff's undersigned attorney, hereby brings this Class Action Administrative Complaint (“Complaint”) for a permanent injunction against the government under 1 R. Stat. § 3201 for the purpose of enforcing Plaintiff’s right to equal protection of the laws under the U.S. Constitution as it pertains to the government’s invidious discrimination of ‘non-public officials’ and in support thereof alleges the following based upon personal knowledge, as to Plaintiff and Plaintiff's own acts, and upon information and belief, as to all other matters, based on the investigation conducted by Plaintiff's attorney, which included, COMPLAINT - 1 - Josef Sullivan, Esq. Palmer Apartments, Suite 5B Palmer, Ridgeway 33369 Phone: (430) 946-8594 Fax: (753) 632-2442 among other things, a comprehensive review of the procedures and policies of Defendants and other publicly disclosed information. Plaintiff believes that substantial evidentiary support will exist for the allegations set forth herein after a reasonable opportunity for formal discovery. JURISDICTION AND VENUE _____1. __Pursuant to State law, the Court retains jurisdiction over "all civil claims involving administrative action, or policy, or rules of a government agency." 2 R. Stat. § 3305. The claims and allegations set forth herein give rise to review by this Court under the stated jurisdiction. The Court further has original jurisdiction over this action because it is brought under 1 R. Stat. § 3201. See e.g. Titanic, Governor of Ridgeway v. Nev. 1. Rid. 90 (2023) (Finding that the Administrative Court has original jurisdiction over 1 R. Stat. § 3201 claims.) _____2. __The Court is authorized by law to grant "equitable remedy necessary to ensure proper enforcement of the law" and to issue “injunctive relief” or a “permanent restraining order” in pursuance of this objective. See 2 R. Stat. § 3307; 1 R. Stat. § 3201. PARTIES _____3. __Plaintiff Mayollid is a citizen of the State of Ridgeway and resident of Ridgeway County and brings this Complaint individually and on behalf of all others similarly situated. _____4. __Defendant Techiey is an officer and the Attorney General of the State of Ridgeway and is the chief prosecuting authority in the State. He is officially liable as a Defendant to this Complaint for issuing directives that impeded on Plaintiff's right to equal protection of the laws under the U.S. Constitution and issuing directives that impede on the same rights of all others similarly situated. See 2 R. Stat. § 3201; see also Larson v. Domestic & Foreign Commerce Corp., 337 U.S. 682 (1949) (Holding that a suit against an officer of the sovereign is a suit COMPLAINT - 2 - Josef Sullivan, Esq. Palmer Apartments, Suite 5B Palmer, Ridgeway 33369 Phone: (430) 946-8594 Fax: (753) 632-2442 against the sovereign so long as “the relief sought” is effectively “against the sovereign.” The relief sought in this Complaint is solely against the sovereign — the State of Ridgeway.) _____5. __Defendant Ridgeway Department of Justice is a government entity and liable to this Complaint as a Defendant. See 2 R. Stat. § 3201. _____6. __Defendant State of Ridgeway is a government entity and liable to this Complaint as a Defendant. See 2 R. Stat. § 3201. FACTUAL ALLEGATIONS _____7. __On or about February 12, 2024, Plaintiff Mayollid, a resident of Ridgeway County and a citizen of the State of Ridgeway, found himself entangled in a legal battle when Defendants filed a Criminal Information (see Exhibit A) against him for ‘Attempted Murder’ under 3 R.C.C. § 08. This action was carried out by the State of Ridgeway, acting through Defendants Techiey, the Attorney General of Ridgeway, and the Ridgeway Department of Justice, resulting in the criminal prosecution of Plaintiff. _____8. __As a consequence of the foregoing, Plaintiff was and remains subjected to a prosecution without the essential safeguard of an indictment of a grand jury on the ground that the Grand Jury Clause in the Ridgeway Constitution only covers ‘public officials’ and those ‘explicitly specified’ by the State legislature. Rid. Const. Art. I., Sec. VII. _____9. __Defendants have selectively applied the benefits of the Ridgeway Constitution’s Grand Jury Clause, conferring its protections only upon specific individuals deemed as "public officials" or those explicitly specified by legislative mandates. This discriminatory practice effectively creates two tiers of justice—one for the privileged few and another for the rest of the populace, including Plaintiff and others similarly situated. COMPLAINT - 3 - Josef Sullivan, Esq. Palmer Apartments, Suite 5B Palmer, Ridgeway 33369 Phone: (430) 946-8594 Fax: (753) 632-2442 CAUSE OF ACTION Count I: Impediment to Secured Rights (Equal Protection) In Violation of the U.S. Constitution, Fourteenth Amendment 1. R. Stat. § 3201 Against Defendant Techiey, in his Official Capacity; Defendant Ridgeway Department of Justice, a government entity; Defendant State of Ridgeway, a government entity _____10. __Plaintiff hereby incorporates by reference each and every allegation set forth in the preceding paragraphs as if fully set forth herein. _____11. __Plaintiff brings this claim for a permanent injunction against Defendants jointly and severally under 1 R. Stat. § 3201 to remedy Defendants’ impediments to Plaintiff’s right to equal protection of the laws under the Fourteenth Amendment to the U.S. Constitution. Plaintiff, who is a citizen and resident of Ridgeway, has been prosecuted for Attempted Murder since February 12, 2024, by the State of Ridgeway without the benefits of a grand jury. Under the Ridgeway Constitution, only ‘public officials’ and those ‘explicitly specified’ by the State legislature enjoy the right to be "charged by grand jury indictment." Rid. Const. Art. I., Sec. VII. _____12. __While the State of Ridgeway has the power to afford certain benefits to certain persons, it cannot deny the same benefits to another class based on an “invidious discrimination.” See Shapiro v. Thompson, 394 U.S. 618, 627, 89 S. Ct. 1322, 22 L. Ed. 2d 600 (1969); see also Welsh v. United States, 398 U.S. 333, 356-361, 90 S. Ct. 1792, 26 L. Ed. 2d 308 (1970) (Harlan, J., concurring). In determining whether a denial of a benefit is based on an invidious discrimination, it is not relevant whether the government benefit is characterized as a “right” or “privilege.” See Morrissey v. Brewer, 408 U.S. 471, 481, 92 S. Ct. 2593, 33 L. Ed. 2d 484 (1972); Graham v. Richardson, 403 U.S. 365, 374, 91 S. Ct. 1848, 29 L. Ed. 2d 534 (1971); COMPLAINT - 4 - Josef Sullivan, Esq. Palmer Apartments, Suite 5B Palmer, Ridgeway 33369 Phone: (430) 946-8594 Fax: (753) 632-2442 Shapiro v. Thompson, supra, 394 U.S. at 627, n. 6, 89 S. Ct. 1322. _____13. __The State of Ridgeway’s denial of the benefits of a grand jury to everyone except ‘public officials’ and those ‘explicitly specified’ is based on an invidious discrimination because it is “arbitrary” and because it lacks “a fair and substantial relation to the object” of the Grand Jury Clause. See Reed v. Reed, 404 U.S. 76, 92 S. Ct. 251, 30 L. Ed. 2d 225 (1971). Indeed, the object of the Grand Jury Clause is evident judging by its plain language. It provides persons with heightened due process protections in the face of criminal prosecutions. With this object in mind, it is impossible to find a rational basis on which to justify the underinclusion pervasive throughout the Clause. It benefits ‘public officials’ and those ‘explicitly specified’ on one hand, but systematically denies the same benefits to everyone else without reason. _____14. __When a court is compelled to hold such a discrimination invalid, it has the power to do one of two things: A) the court can treat the provisions containing the discriminatory underinclusion as “generally invalid,” or B) the court can “extend the coverage” of the law to repair its underinclusion. See Skinner v. Oklahoma, 316 U.S. 535, 542, 543, 62 S. Ct. 1110, 86 L. Ed. 1655; Welsh v. United States, supra 398 U.S. at 361, 90 S. Ct. 1792 (Harlan, J., concurring). In view of the Clause’s purpose, we find that it is logical and most proper for the Court to ‘extend the coverage’ of the Grand Jury Clause by entering judgment that it also protects ordinary persons and permanently enjoining and restraining Defendants from prosecuting any person within the jurisdiction of Ridgeway without an indictment of a grand jury. _____15. __As a proximate result of Defendants’ actions and omissions as alleged herein, Plaintiff has suffered and continues to suffer concrete, non-hypothetical and particularized harm in the form of an impediment to his right to equal protection of the laws under the Fourteenth COMPLAINT - 5 - Josef Sullivan, Esq. Palmer Apartments, Suite 5B Palmer, Ridgeway 33369 Phone: (430) 946-8594 Fax: (753) 632-2442 Amendment to the U.S. Constitution in violation of 1. R. Stat. § 3201. _____16. __Plaintiff is legally entitled to injunctive relief and a permanent restraining order against the government under 1. R. Stat. § 3201. Plaintiff is also entitled to declaratory relief and all other necessary equitable relief under 2 R. Stat. § 3307. PRAYER FOR RELIEF _____17. __WHEREFORE, Plaintiff prays as follows: _____18. __For a declaratory judgment that the Grand Jury Clause in the Ridgeway Constitution must apply universally to ordinary persons under the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution; _____19. __For a permanent restraining order pursuant to 1. R. Stat. § 3201 restraining and enjoining Defendants from prosecuting any person within the jurisdiction of Ridgeway without an indictment of a grand jury; _____20. __For an order directing Defendants to take reasonable measures to end any ongoing criminal prosecution initiated without an indictment of a grand jury; _____21. __For awardment of attorney’s fees and costs in the sum of $5,125; _____22. __For such other and further relief as the Court deems just and proper. DATED: March 14, 2024 JOSEF SULLIVAN, ESQ. /s/Josef13344 - Josef13344 Ridgeway Bar No. 21109 Counsel of Record Palmer Apartments, Suite 5B Palmer, Ridgeway Tel.: (430) 946-8594 Fax: (753) 632-2442 E-mail: [email protected] COMPLAINT - 6 - Josef Sullivan, Esq. Palmer Apartments, Suite 5B Palmer, Ridgeway 33369 Phone: (430) 946-8594 Fax: (753) 632-2442 EXHIBIT A

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