THE STATE OF RIDGEWAY
RIDGEWAY SUPERIOR COURT
milknwaffle,
Petitioner,
v.
canyoudrown, Senior Patrol Officer in
the Palmer Police Department, in his
quasi-official capacity,
Respondent.
Case No. RSV-CV-2992
SUMMONS
Presiding Judge: Hon. Judge
notsfeelings
SUMMONS IN A CIVIL ACTION
THIS SUMMONS IS DIRECTED TO STICKZA
A civil action has been brought forth against you. The Petitioner(s) named
above has started a lawsuit against you. A copy of the Petitioner’s Petition filed
against you is provided in the service of this summons and the original complaint
has been filed in the Superior Court of the State of Ridgeway. You must act
promptly to protect your rights.
Within five (5) days after service of this summons on you (not counting the day
you received it) — or seven (7) days if you are the State of Ridgeway, the County
of Ridgeway, a municipality, or an agency thereof as described in Rid. R. Civ. P. 4
(d)(2) — you must appear before the court communications program and file a
motion or answer to the petition before the aforementioned. If you need time to
respond, you may request an extension of time in writing from the Court.
An answer is a way in which you may respond to the attached Petition. Your
answer must state whether you agree or disagree with the fact(s) alleged in each
paragraph of the Petition. Some defenses, called affirmative defenses, must be
stated in your answer or you may lose your right to use them in court. If you have
any claims against the Petitioner (referred to as counterclaims) that are based on
the same facts described in the Petition, then you must include those claims in your
answer. Otherwise, you may lose your right to sue the Plaintiff about anything
related to the lawsuit.
You may also respond to the Petition by filing a “Motion to Dismiss”, if you
believe that the complaint is legally invalid or legally insufficient. A Motion to
Dismiss must be based on one of the legal deficiencies or reasons listed under Rid
R. Civ. P. 12.
You may wish to get legal assistance from an attorney. If you are unable to obtain
legal assistance, you may request referral to an attorney by the Ridgeway State Bar
and appointment of counsel by the court. If you fail to respond, judgment by
default will be entered against you for the relief demanded in the complaint.
JUDGE/JUSTICE CLERK OF THE COURT
/s/______________________ /s/______________________
EXECUTED ON X/X/XXXX EXECUTED ON X/X/XXXX
THE STATE OF RIDGEWAY
RIDGEWAY SUPERIOR COURT
milknwaffle,
Petitioner,
v.
canyoudrown, Senior Patrol Officer in
the Palmer Police Department, in his
quasi-official capacity,
Respondent.
Case No. RSV-CV-2992
PETITION
Presiding Judge: Hon. Judge
notsfeelings
PETITION FOR WRIT OF HABEAS CORPUS
This is a petition for a writ of habeas corpus filed on behalf of milknwaffle
(“Petitioner”) seeking relief to remedy his criminal record. To date, the Petitioner
has undertaken substantial efforts to seek out legal counsel to challenge the
lawfulness of his citation(s) and arrest(s) mentioned below.
VENUE
1. Petitioner invokes the jurisdiction of the Superior Court contained in Article
V, Section IV of the state Constitution, in accordance with its right to
“...provide writ of habeas corpus.”
2. Venue lies in the Ridgeway Superior Court for the State of Ridgeway, the
court jurisdiction in which Respondent canyoudrown resides and where
Petitioner was detained.
PARTIES
3. Petitioner, milknwaffle, is a citizen and resident of the State of Ridgeway
and a Delivery Driver with StudsPerSecond.
4. Respondent, canyoudrown, is a citizen and resident of the State of Ridgeway
and a Senior Patrol Officer with the Palmer Police Department.
5. Third-Party Driver, ty72789, is a citizen and resident of the State of
Ridgeway a Security Officer with the Ridgeway Credit Union.
EXHAUSTION OF ADMINISTRATIVE REMEDIES
6. Petitioner has exhausted his administrative remedies to the extent required
by law.
7. He has fully cooperated with Respondent and has not delayed or obstructed
his detention.
8. Petitioner’s only remedy is by way of this judicial action.
STATEMENT OF FACTS
9. On June 4, 2024, Petitioner was driving within Palmer City Limits through
the tunnel.
10.While Petitioner was driving through the tunnel, Third-Party Driver entered
the tunnel, driving the wrong way, in a manner which posed a direct
collision risk to the Petitioner.
11.Petitioner swerved into the other lane to avoid the collision with the other
vehicle.
12.As a result of swerving into the other lane to avoid a direct collision with
Third-Party Driver, Respondent pulled over Petitioner and cited him for
driving in the wrong direction on June 4, 2024 at 5:18PM.
13.After finishing his shift at SPS, estimated to be approximately 30 minutes,
the Petitioner went to pay his fine and left (logged off) the State of
Ridgeway.
14.Upon returning (logging on) to the State of Ridgeway, the Petitioner noticed
a warrant out for his arrest, resulting from unpaid fines.
15.As a result of the warrant, Petitioner went to Palmer and attempted to file a
complaint to contest the basis of the citation. However, while filing the
complaint at the County Hall, Corporal CyerMazikeen detained and arrested
the Petitioner on June 4, 2024 at 6:24PM (based on the outstanding warrant).
16.After serving his time, the Petitioner returned to County Hall to file a
complaint with the Court.
CLAIMS FOR RELIEF
COUNT ONE
State of Ridgeway Vehicle Code § 7.08 (Title 7)
Driving Wrong Way
17.Petitioner alleges and incorporates by reference paragraphs 1 through 16
above.
18.Petitioner’s detention violates his right to substantive and procedural due
process guaranteed by the Fifth Amendment of the Constitution.
19.Petitioner further contends that his actions were the direct result of a sudden
emergency caused by the reckless driving of Third-Party Driver, who
entered the tunnel driving the wrong way. Petition thus had to swerve into
the other lane to avoid a direct collision, which posed an immediate danger
to the Petitioner’s life and safety.
a. Given the circumstances, the citation issued by Respondent failed to
take into account the emergency situation created by Third-Party
Driver. Therefore, the subsequent citation, arrest, and detention were
not based on lawful grounds and constitute a violation of Petitioner’s
constitutional rights.
b. Respondent’s actions in citing the Petition, despite the lack of fault on
the Petitioner’s part, necessitate a response to explain the reasoning
for such actions under these extraordinary circumstances.
COUNT TWO
State of Ridgeway Criminal Code § 2.06 (Title 2)
Failure to Pay Fines
20. Petitioner alleges and incorporates by reference paragraphs 1 through 19
above.
21.Petitioner’s detention violates his right to substantive and procedural due
process guaranteed by the Fifth Amendment of the Constitution.
PRAYER FOR RELIEF
WHEREFORE, Petitioner prays that this Court grant the following relief:
1. Assume jurisdiction over this matter;
2. Issue an order directing Respondents to show cause why the writ should not
be granted;
3. Issue a writ of habeas corpus ordering for the immediate expungement of the
aforementioned records (both citation and arrest) on the basis of a lack of
probable cause;
4. Petitioner requests one thousand dollars ($1000) in compensatory damages;
and,
5. Grant any other relief which this Court deems just and proper.
Respectfully submitted,
CENTER FOR INDIVIDUAL RIGHTS
/s/___________________
ChiefAuror, Esq.
Ridgeway Bar No. 28101
Counsel of Record
Center for Individual Rights
Dated: June 9, 2024
THE STATE OF RIDGEWAY
RIDGEWAY SUPERIOR COURT
milknwaffle,
Petitioner,
v.
canyoudrown, Senior Patrol Officer in
the Palmer Police Department, in his
quasi-official capacity,
Respondent.
Case No. RSV-CV-2992
INITIAL DISCLOSURE
Presiding Judge: Hon. Judge
notsfeelings
Petitioner, by and through the undersigned counsel, submits this document in the
above-entitled matter, pursuant to Rid. Civ. P. 19 and Fed. R. Civ. P. 25. Petitioner
submits the following articles as initial discovery as to the claims listed within the
civil petition, pursuant to Rid. Civ. P. 19:
WITNESSES
1. ty72789 - Lay Witness
Respectfully submitted,
CENTER FOR INDIVIDUAL RIGHTS
/s/___________________
ChiefAuror, Esq.
Ridgeway Bar No. 28101
Counsel of Record
Center for Individual Rights
Dated: June 9, 2024
