Ridgeway Unified Courts

JUDICIAL COUNCIL OF RIDGEWAY

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This is a document filed in a mock court in the State of Ridgeway on Roblox.com, and does not constitute real-life legal advice in any way, shape, or form. SUPERIOR COURT OF THE STATE OF RIDGEWAY NEPHRAL, Plaintiff-Petitioner, v. IM_THUNDERR, Defendant-Respondent. No. RSC-CV-2520 COMPLAINT AND PETITION FOR A WRIT OF HABEAS CORPUS Nephral, by and through undersigned counsel, hereby brings this civil action and respectfully petitions for a writ of habeas corpus, and alleges that– THE INCIDENT 1. On or about March 22, 2024, Plaintiff Nephral walked into the Palmer Police Department headquarters building in Downtown Palmer. 2. Nephral went upstairs and witnessed a hostage situation. 3. Nephral was detained by a law enforcement officer on the scene. 4. Nephral then walked down the hallway and was taken hostage by two individuals with automatic weapons. 5. After a major firefight between the two individuals and the National Guard, the hostage situation was resolved. 6. Nephral was then taken by Defendant Im_Thunderr (Thunder) down to booking and booked for allegedly stealing evidence. The arrest report states that Nephral “was seen picking up evidence off the ground at the scene of a shootout [at the] Palmer Police Department.” 7. Thunder could not have had probable cause – a prima facie case of guilt – that Nephral had picked up any evidence as Nephral was quickly detained at the beginning of the incident by another law enforcement officer. JURISDICTION AND VENUE 8. This Court has jurisdiction pursuant to Article V, Section IV of the Constitution of the State of Ridgeway. 9. Venue is proper in this Court because the events described in this Complaint took place within Ridgeway County. - 1 - This is a document filed in a mock court in the State of Ridgeway on Roblox.com, and does not constitute real-life legal advice in any way, shape, or form. PARTIES 10. Plaintiff Nephral is a resident of the State of Ridgeway. 11. Defendant Im_Thunderr is sued in his quasi-official capacity as a Trooper of the Ridgeway State Police. FIRST CAUSE OF ACTION (Official Misconduct – False Imprisonment) (1 R.S. § 3114) 12. Plaintiff repeats and realleges the allegations contained in Paragraphs 1-7 as if fully set forth herein. 13. “Any individual who is a public servant and commits an act relating to his office but constitutes an unauthorized exercise of his official functions, knowing that such act is unauthorized … shall be liable for compensatory damages; injunctive reliefs restraining the individual from performing a certain action, or orders instructing the individual to perform a certain action; and punitive damages up to three thousand dollars ($3,000).” 1 R.S. § 3114. 14. To prove false imprisonment, Plaintiff must prove that Defendant either without legal authority or justification, restrained or restricted Plaintiff’s movement or restrained Plaintiff’s permission. 1 R.S. § 204. “The essential elements of false imprisonment are: (1) the detention or restraint of one against [their] will, and (2) the unlawfulness of the detention or restraint.” 32 Am. Jur. 2d False Imprisonment § 7 (2007). 15. Thunder violated State Police policy by exceeding his powers as a peace officer of this State by unlawful conduct, namely falsely arresting Nephral. See State Police Dept. Policy Guide § 301-5.7(b) (“The following are illustrative of causes for administrative action … exceeding lawful peace officer powers by unreasonable, unlawful, or excessive conduct.”) 16. Thunder also committed common law false imprisonment. Thunder unlawfully continued the detention and restraint of Nephral and did so unlawfully by not having probable cause to believe that Nephral had committed a crime. SECOND CAUSE OF ACTION (Habeas Corpus) (1 R.S. § 2210) 17. Plaintiff repeats and realleges the allegations contained in Paragraphs 1-7 as if fully set forth herein. - 2 - This is a document filed in a mock court in the State of Ridgeway on Roblox.com, and does not constitute real-life legal advice in any way, shape, or form. 18. “In assessing petitions for writs of habeas corpus concerning arrests, the first question to be asked is whether the police were legally entitled to make that arrest — that is, [] the police had probable cause that a crime was committed. If the arrest was not lawful to begin with, the inquiry ends there; the record must be removed. If not, the next and final question is whether the petitioner was actually innocent of the [offense(s)] for which they were arrested.” In re Zachcasisbeast, No. RSC-CV-367, slip op., at 1 (Super. May 21, 2022) (frostbleed, J.), https://trello.com/c/gkquKPCr. 19. Thunder did not have probable cause to believe that Nephral stole evidence of any kind during the incident, as Nephral was handcuffed and unable to do so. PRAYER FOR RELIEF Wherefore, Plaintiff prays that the Court– ON THE FIRST CAUSE OF ACTION a. Declare that Defendant did not have probable cause to arrest Plaintiff; b. Declare that Defendant falsely arrested Plaintiff; c. Award Plaintiff actual damages; d. Award Plaintiff punitive damages; e. Award such other, further, or different relief as may be just and proper. ON THE SECOND CAUSE OF ACTION f. Declare that Defendant did not have probable cause to arrest Plaintiff; g. Award Plaintiff expungement of Arrest Record No. 202432241a4e8f68; h. Award such other, further, or different relief as may be just and proper. Respectfully submitted. Dated: March 24, 2024 Palmer, Ridgeway DORKJACOB LAW, PLLC /s/ DorkJacob ————————————————————————————————————————————— DorkJacob Ridgeway Bar No. 17135 Counsel of Record 1B Palm View Palmer, Ridgeway Discord: izzardizzard [email protected] Attorney for Plaintiff - 3 -

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