Ridgeway Unified Courts

JUDICIAL COUNCIL OF RIDGEWAY

Searchable full text

6,647 characters extracted

—

STATE OF RIDGEWAY SUPERIOR COURT Seal_love, Plaintiff, v. The Ridgeway State Police; dps_k in his quasi-official capacity as a State Trooper Defendants. __________________________________/ CASE No. RSC-CV-2544 CIVIL COMPLAINT PLAINTIFF’S COMPLAINT AGAINST DEFENDANTS Seal_love (hereinafter referred to as “Plaintiff” or “The Plaintiff” or “Arrestee” or “The Arrestee”) brings this civil action against Dps_k (hereinafter referred to “Defendant” or “the Defendant”) for the reasons and purposes stipulated henceforth within this complaint, proceeding with counsel. JURISDICTION AND VENUE 1. According to Article V, Section IV of the Constitution of the State of Ridgeway, this Honorable Court is vested with the authority to entertain and adjudicate “all civil or criminal cases or controversies.” Plaintiff invokes this jurisdiction by filing to this court. 2. Venue is proper as the incident giving rise to the present litigation occurred in Palmer, a geographic area situated within Ridgeway County, and thus subject to the jurisdiction and laws of the State of Ridgeway. THE PARTIES 3. Seal_love is the Plaintiff in this action and is bringing forth these allegations against the Defendant. Seal_love is a Resident of the State of Ridgeway. 4. Dps_k is certified to be a peace officer courtesy of the Law Enforcement Training Center. Dps_k is a Defendant in this action and is being sued in his individual capacity and his quasi-official capacity. Dps_k is also a Resident of the State of Ridgeway FACTS 6. On or about the date of March 22nd, 2024, the Plaintiff entered the doors of the County Hall located in the City of Palmer. The Plaintiff briefly stopped to spectate the scene of an arrest before promptly turning toward the metal detectors placed on both sides of the reception counter in the County Hall. 7. The Plaintiff jumped over the reception desk and went directly toward the stairs. The Plaintiff ascended the stairs while Palmer Police Officer canyoudrown followed closely behind him. The Plaintiff approached the locked doors of the viewing gallery of an ongoing session for the Ridgeway State Senate (“the session”). Police Officer canyoudrown opened the door for him then quickly returned to the arrest scene. 8. The Plaintiff entered the viewing gallery of the session where the Defendant is first seen briefly cuffing another person not a party to these proceedings then unhandcuffing them. 9. The Plaintiff momentarily rests at the railings of the viewing gallery for the session then runs to his left. The Plaintiff stops to examine commotion coming from the locked doorway on the other side of the viewing gallery where the Defendant runs behind the Plaintiff to apply handcuffs to him. 10. The Defendant handcuffs the Plaintiff and forces him to walk with the Defendant to the door where the Plaintiff initially had entered the session. During the walk to the door, the Defendant searched the Plaintiff which is indicated by a notification in the bottom right of the Plaintiff’s screen reading “dps_k has overridden your consent to search your player[.]” This indicates that the Plaintiff did not await the response of the Plaintiff and rather decided to search the Plaintiff without his consent. 11. On the timestamp 00:23 of Appendix A, the Plaintiff opens his inventory. Using this previous information, it is clear that the Defendant discovered, at least, a Stetson M1 rifle and two 5.56 Ammunition boxes. The County Hall is a firearm-free zone and that led the Defendant to instantly begin processing the Plaintiff for an arrest. 12. At 01:44 of Appendix A, the Defendant says “Under Terry v. Ohio, I can frisk you under the suspicion that you may have weapons.” However, the Defendant could not have seen any weapon because it was not visible to the Defendant at any time during the interaction until he did a thorough person search of the Plaintiff. 13. The Defendant then completed the processing of the Plaintiff and imprisoned him in the Ridgeway County Jail under Ridgeway Criminal Code § 5.12 FIRST CAUSE OF ACTION 1 R. Stat. § 3114 (Official Misconduct) Against the Defendant in his quasi-official capacity 14. For the purposes of this cause of action, all aforementioned paragraphs, statements, allegations, facts, or otherwise material content is reincorporated herein. 15. The Plaintiff did not visibly present a firearm or other weapon for the Defendant to have seen. 16. The Defendant did not have probable cause, reasonable suspicion or a judicial warrant to seize the Plaintiff’s person and perform a search. 17. By overriding the search consent of the Plaintiff, the Defendant bypassed the very contours of the Fourth Amendment and thereby depriving the Plaintiff of this right to be free from unreasonable searches and seizures. 18. The Plaintiff, bypassing the search consent feature of the search panel, engaged in an unauthorized exercise of his official functions as a State Trooper. PRAYER FOR RELIEF The Plaintiff prays that this court: 19. Declare that the Defendant’s clear pattern of searching individuals upon entry to the session was unconstitutional and were unreasonable searches. 19. Declare that the Defendant’s search of the Plaintiff’s person constituted an unreasonable search. 20. Declare that seizing the person of the Plaintiff was an unreasonable seizure. 21. Declare that the weapon and ammunition discovered as a result of the search were not lawfully discovered. 22. Award the Plaintiff the appropriate punitive damages discovered to be adequate at trial up to $3,000.00. 23. Award the Plaintiff $3,000.00 in compensatory damages. 24. An injunction, ordering the government to institute training covering where searches are lawful in government buildings and to issue a comprehensive exam covering this topic. Dated: 03/24/2024 Derogatoryyy Clarke and Associates, LLP. RBN #19119 D: @racoontimes E: [email protected] Attorney for the Plaintiff STATE OF RIDGEWAY SUPERIOR COURT Seal_love, Plaintiff, v. The Ridgeway State Police; dps_k in his quasi-official capacity as a State Trooper Defendants. __________________________________/ CASE No. ## CIVIL COMPLAINT INITIAL DISCLOSURES Video showing the incident which the complaint is based off of from when the Plaintiff entered the Palmer County Hall building to the time of his arrest when he is entered into the Ridgeway County Jail. (Referred to as Appendix A in the Plaintiff’s complaint.) https://www.youtube.com/watch?v=qeQQz62jR6A&ab_channel=Seal_love Dated: 03/24/2024 Derogatoryyy Clarke and Associates, LLP. RBN #19119 D: @racoontimes E: [email protected] Attorney for the Plaintiff

Complaint_%5B_Seal_love_v._Ridg_State_Police%5D.pdf

Original document

Searchable full text

Document record