c/o
Plaintiff, In Pro Per
In the
In and for the District of the State of
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Plaintiff, vs. Arizona
Department of Public Safety Defendant |
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COMPLAINT (Jury Trial Demanded) |
COMES
NOW the Plaintiff, Mike Ross, and for his complaint alleges and avers as
follows.
I. JURISDICTION AND VENUE
1.
This
action arises the First, Fourth, Fifth, and Fourteenth Amendments to the
Constitution for the
2.
Venue
is proper in this District Court as the Defendant is believed to reside within
this district and all acts alleged occurred within this District
II. PARTIES
3.
The
plaintiff is a single man and can be found in
4.
The
defendant is an unknown man believed to be a resident of the State of
III. GENERAL STATEMENT
5.
On
October 30, 2002, the Plaintiff went to the governor’s debate sponsored by the
Goldwater Institute at Ritz Carleton Hotel on
6.
Prior
to the debate in the parking lot of the Ritz Carleton Hotel the defendant told
the plaintiff that he was not welcome at the Ritz Carleton Hotel and the
plaintiff responded that he was attending the governor’s debate. The defendant
did not give any reason why he told the plaintiff why he was not welcome.
7.
While
the debate was advertised in the media as open to the public for free the
plaintiff had specifically made reservations by e-mail to attend the event thru
a RSVP to the Goldwater Institute.
8.
The
Plaintiff left the debate room to get some water and wander around and as the
plaintiff was going back to the debate room the defendant told the plaintiff he
was not invited to the debate and could not attend and had to leave.
9.
The
defendant told the plaintiff that he was not free to leave and could not go
back to the debate area. The plaintiff assumed that he was under arrest and was
not free to leave.
10.
The plaintiff told the defendant that he had
made reservations by e-mail to attend the debate and that if he had questions
he could contact Darcy who runs the Goldwater Institute and who was running
this event.
11.
Normally
the plaintiff when he deals with law enforcement personnel he take the Firth
Amendment and refuses to answer their questions but in this case the plaintiff
told the defendant his name was Mike Ross but the plaintiff did refuse to tell
the defendant his date of birth.
12.
The
defendant made no attempt to verify that the plaintiff was invited to the event
and continued to tell the plaintiff that he was not invited to the event.
13.
The
defendant looked at one of the sign in sheets that was in the lobby and told
the plaintiff that because his name was not on the sign in sheet he was not
invited to the debate and could not attend the debate. At other Goldwater
Institute events these sign in sheets are meaningless and used by the Goldwater
Institute to collect names for their mailing lists.
14.
Although
technically the Goldwater Institute asks people to RSVP for their events the
events are open to the public and this event had several press releases run for
it which said it was open to the public so even if the plaintiff was not
specifically invited the event was open to the public.
15.
The defendant accused the plaintiff of having
a backpack which he left in the debate area. The plaintiff denied that.
16.
The
defendant also accused the plaintiff of being with someone else. The plaintiff
denied that too.
17.
The
defendant told the plaintiff that he lad to leave the debate or would be
arrested.
18.
The
plaintiff asked to be allowed to pick up his belongings in the debate area but
the defendant told the plaintiff he could not.
19.
The
plaintiff left the debate with out picking up his belongings.
IV. FIRST CAUSE OF ACTION
Violation of Rights
20.
The
Plaintiff incorporates by reference the allegations contained in paragraphs 1
through 19 of this complaint as if fully set forth herein.
21.
As
is more fully described the Plaintiff was detained, arrested, restrained of his
liberty without reasonable suspicion or probable cause and without due process
of law, and the plaintiff was prevented from listening to the governors debate,
all in violation of the First, Fourth, Fifth, and Fourteenth Amendments to the
Constitution for the United States of America.
V. SECOND CAUSE OF ACTION
False Arrest
22.
The
Plaintiff incorporates by reference the allegations contained in paragraphs 1
through 19 of this complaint as if fully set forth herein.
23.
As is more fully described the Plaintiff was
falsely detained, arrested, restrained of his liberty by the Defendant who knew
full at the time that he had committed the detention, arrest and restraint
without cause to believe that the Plaintiff had committed the offense of
trespassing.
WHEREFORE
the Plaintiff respectfully requests that this Court:
A.
Proceed with a
trial by jury upon issues so triable; and,
B.
Award the
Plaintiff’s damages of no less than $1,000,000.00; and
C.
Award the
Plaintiff’s costs and fees incurred for the prosecution of this action;
D.
Award such other and further relief as the Court
deems just and proper.
RESPECTFULLY SUBMITTED this ______day of
October, 2004
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Mike Ross
C/o
Plaintiff, In Pro Per
VERIFICATION
I,
Mike Ross verify under penalty of perjury under the laws of the United States
of America, that I am the Plaintiff herein, that I have read the foregoing
Complaint, and that the same is true and correct that, based upon my knowledge,
information, and belief, it is well-grounded as fact, is warranted by existing
law or a good-faith argument for the extension, modification, or reversal of
existing law, and is not interposed for any improper purpose.
Dated
________________________ ______________________________
Mike Ross