Ridgeway Unified Courts

JUDICIAL COUNCIL OF RIDGEWAY

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IN THE SUPERIOR COURT OF THE STATE OF RIDGEWAY IN AND FOR RIDGEWAY COUNTY CODETHESCRIPTER, Plaintiff, v. TACTICALDANKPATRIOT, in his quasi-official capacity as Senior Trooper in the Ridgeway State Police, Defendant. No. RSC-CV-3013 COMPLAINT ______CodeTheScripter, by and through undersigned counsel, hereby brings this action against TacticalDankPatriot and in support thereof alleges as follows– STATEMENT OF FACTS1 1. On May 15, 2024, CodeTheScripter ("Plaintiff") parked his Actila Sport vehicle on or nearby a road in Palmer, Ridgeway County, Ridgeway. 2. After the vehicle was left unattended by Plaintiff, TacticalDankPatriot (“Defendant”) conducted a search of Plaintiff’s vehicle. 3. Defendant had not obtained a search warrant, writ, or similar order by a competent court or tribunal authorizing this search. 4. During the search, Defendant seized the following items stored inside the vehicle: a. _____an RCU duffle bag; b. _____an RCU duffle bag; c. _____an RCU duffle bag; d. _____traceable cash; e. _____traceable cash. 5. Plaintiff had no previous meaningful encounters with Defendant which warranted the search and seizure of his vehicle and possessions. 6. At all times herein, Defendant acted without legal cause or justification. 7. At all times herein, Defendant acted without Plaintiff’s consent. 8. At all times herein, Defendant violated the Ridgeway Constitution. 9. Defendant is a public servant and certified as a peace officer by the Law Enforcement 1 The allegations contained under this heading are chronologically ordered. - 1 - Training Center (“LETC”) and underwent thorough training and education in the same. 10._The LETC includes—as a mandatory part of its curriculum—education and/or training on the scope of the authority of peace officers to conduct searches and seizures. 11._Defendant's search of Plaintiff’s vehicle was unauthorized. 12._Defendant’s seizures of Plaintiff’s possessions were unauthorized. 13._Defendant knew and understood his acts to be unauthorized. JURISDICTION AND VENUE 14._The Court has original jurisdiction over this Complaint under Article V, Section IV of the Ridgeway Constitution. 15._The Court’s jurisdiction is invoked in equity. 16._Venue is proper in this Court because the actions and omissions alleged in this Complaint occurred in the State of Ridgeway. PARTIES 17._Plaintiff CodeTheScripter is a resident of the State of Ridgeway and an individual. 18._Defendant TacticalDankPatriot is a Senior Trooper in the Ridgeway State Police. FIRST CAUSE OF ACTION Official Misconduct (Violation of Rid. Civil Claims Act, 1 R. Stat. § 3114) 19._Plaintiff incorporates by reference each and every allegation set forth in the preceding paragraphs as if fully set forth herein. 20._The Ridgeway Constitution gives to persons the right “to hold … their … possessions, free from search or seizure.” Rid. Const. Art. I, Sec. III. Defendant searched Plaintiff’s vehicle without a warrant or other legal cause and thus violated Plaintiff’s right under the Ridgeway Constitution against illegal searches. Defendant’s act was unauthorized and Defendant knew the act to be unauthorized by reason of his educational background in the LETC. 21._Plaintiff is entitled to compensatory damages and punitive damages. SECOND CAUSE OF ACTION Official Misconduct (Violation of Rid. Civil Claims Act, 1 R. Stat. § 3114) 22._Plaintiff incorporates by reference each and every allegation set forth in the preceding paragraphs as if fully set forth herein. 23._The Ridgeway Constitution gives to persons the right “to hold … their … possessions, - 2 - free from search or seizure.” Rid. Const. Art. I, Sec. III. Defendant seized an RCU duffle bag without a warrant or other legal cause and thus violated Plaintiff’s right under the Ridgeway Constitution against illegal seizures. Defendant’s act was unauthorized and Defendant knew the act to be unauthorized by reason of his educational background in the LETC. 24. _Plaintiff is entitled to compensatory damages and punitive damages. THIRD CAUSE OF ACTION Official Misconduct (Violation of Rid. Civil Claims Act, 1 R. Stat. § 3114) 25._Plaintiff incorporates by reference each and every allegation set forth in the preceding paragraphs as if fully set forth herein. 26._The Ridgeway Constitution gives to persons the right “to hold … their … possessions, free from search or seizure.” Rid. Const. Art. I, Sec. III. Defendant seized another RCU duffle bag without a warrant or other legal cause and thus violated Plaintiff’s right under the Ridgeway Constitution against illegal seizures. Defendant’s act was unauthorized and Defendant knew the act to be unauthorized by reason of his educational background in the LETC. 27._Plaintiff is entitled to compensatory damages and punitive damages. FOURTH CAUSE OF ACTION Official Misconduct (Violation of Rid. Civil Claims Act, 1 R. Stat. § 3114) 28._Plaintiff incorporates by reference each and every allegation set forth in the preceding paragraphs as if fully set forth herein. 29._The Ridgeway Constitution gives to persons the right “to hold … their … possessions, free from search or seizure.” Rid. Const. Art. I, Sec. III. Defendant seized another RCU duffle bag without a warrant or other legal cause and thus violated Plaintiff’s right under the Ridgeway Constitution against illegal seizures. Defendant’s act was unauthorized and Defendant knew the act to be unauthorized by reason of his educational background in the LETC. 30._Plaintiff is entitled to compensatory damages and punitive damages. FIFTH CAUSE OF ACTION Official Misconduct (Violation of Rid. Civil Claims Act, 1 R. Stat. § 3114) 31._Plaintiff incorporates by reference each and every allegation set forth in the preceding paragraphs as if fully set forth herein. 32._The Ridgeway Constitution gives to persons the right “to hold … their … possessions, - 3 - free from search or seizure.” Rid. Const. Art. I, Sec. III. Defendant seized traceable cash without a warrant or other legal cause and thus violated Plaintiff’s right under the Ridgeway Constitution against illegal seizures. Defendant’s act was unauthorized and Defendant knew the act to be unauthorized by reason of his educational background in the LETC. 33. Plaintiff is entitled to compensatory damages and punitive damages. SIXTH CAUSE OF ACTION Official Misconduct (Violation of Rid. Civil Claims Act, 1 R. Stat. § 3114) 34._Plaintiff incorporates by reference each and every allegation set forth in the preceding paragraphs as if fully set forth herein. 35._The Ridgeway Constitution gives to persons the right “to hold … their … possessions, free from search or seizure.” Rid. Const. Art. I, Sec. III. Defendant seized another amount of traceable cash without a warrant or other legal cause and thus violated Plaintiff’s right under the Ridgeway Constitution against illegal seizures. Defendant’s act was unauthorized and Defendant knew the act to be unauthorized by reason of his educational background in the LETC. 36._Plaintiff is entitled to compensatory damages and punitive damages. PRAYER FOR RELIEF 0._ WHEREFORE, Plaintiff prays as follows– A. _For awardment of compensatory damages (including attorney’s fees and costs); B. _For awardment of punitive damages; C. _For a permanent restraining order pursuant to 1 R. Stat. § 3114(ii) restraining Defendant from conducting further unlawful searches and seizures; D. _For such other and further relief as the Court deems appropriate. DATED: JUNE 10, 2024 Palmer County Hall TOBY SAWYER POPPLEWELL LLP BY: /s/ - BrendaPopplewell Ridgeway Bar No. 21109 Counsel of Record Palmer Apartments, Suite 5B Palmer, Ridgeway, RW Tel.: (430) 946-8594 Fax: (753) 632-2442 E-mail: [email protected] - 4 -

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