Ridgeway Unified Courts

JUDICIAL COUNCIL OF RIDGEWAY

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THE STATE OF RIDGEWAY RIDGEWAY SUPERIOR COURT PERHCSIXTY, Plaintiff. -against- JAMESGARDAI, in his official capacity as a Sergeant in the Ridgeway National Guard Defendant. Case No. RSC-CV-3143 CIVIL COMPLAINT PERHCSIXTY, proceeding pro se hereby brings this civil action and for their allegations against the Defendant, it is alleged as follows: JURISDICTION AND VENUE 1. The jurisdiction of the Court originates from Art. V, Sec. IV which states “There shall be a Superior court which shall exercise original jurisdiction for all civil and criminal cases or controversies…” 2. The incident occurred within Ridgeway County thus rendering the venue proper. PARTIES 1. Mr. PERHCSIXTY, the Plaintiff, is a citizen of the State of Ridgeway. 2. Mr. JAMESGARDAI, the Defendant, is a citizen of the State of Ridgeway and a Sergeant in the Ridgeway National Guard. STATEMENT OF FACTS 1. Sergeant d/JAMESGARDAI is employed by the Ridgeway National Guard with the rank of Sergeant in the 164th Military Police Battalion. 2. Sergeant d/JAMESGARDAI is granted the ability to enforce the law by statute. 3. Sergeant d/JAMESGARDAI had a disagreement with other RNG Guardsmen on the clearance of p/PERHCSIXTY inside of RNG Headquaters. 4. Sergeant d/JAMESGARDAI escorted p/PERHCSIXTY out of the RNG Headquarters. 5. p/PERHCSIXTY adhered to the stop sign before turning left out of the RNG Headquarters onto the main road. 6. On the 20th of June at 15:35:43 (UTC-5), Sergeant d/JAMESGARDAI issued a citation for Failure to Yield to a Traffic Control Device while acting in his official capacity. 7. Sergeant d/JAMESGARDAI issued the citation out of malice. 8. Sergeant d/JAMESGARDAI stated that the citation was issued because the alleged offender “[had an] attitude with [him]... earlier” TORTS AND PRAYERS FOR RELIEF 1. The Plaintiff is suing the defendant for the following offenses: a. Official Misconduct - RCC § 6.06 i. Plaintiff restates and incorporates by reference all of the allegations contained in all of the preceding paragraphs. ii. Official Misconduct is defined in the Ridgeway Criminal Code as “Any individual who is a public servant and commits an act relating to his office but constituting an unauthorized exercise of his official functions, knowing that such act is unauthorized or refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office.” iii. Sergeant d/JAMESGARDAI utilized his office of public service to issue a malicious and false citation. The defendant did this act, as a public servant and related to his office as a Law Enforcement Officer, exercised an unauthorized function of his duties. 2. Plaintiff prays the Court find the Defendant liable for the criminal action of Official Misconduct. 3. Plaintiff prays the Court will invalidate the citation. 4. Plaintiff prays the Court will expunge the record of Failure to Yield to a Traffic Control Device from Sergeant d/JAMESGARDAI from the respective date. 5. The Plaintiff seeks additional relief that the court may grant that is not sought for through this complaint. DATED: July 8, 2024 Respectfully submitted, perhcSIXTY R. Bar No. 21104 D. Contact: @perhcsixty Pro Se Counsel for the Plaintiff

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