Professional Documents
Culture Documents
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FEB 2 $ 2007
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIAA MES N . H AT r EN , CLERK
ft rkhow r
ATLANTA DIVISION
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JAWS B STEGEMAN, )
Plaintiff } CIVIL ACTION
applicable statute of limitation" ; Secondly, "state law claims are barred by his
failure to provide ante-litem notice . . ." ; Thirdly, "this Court lacks subject-matter
jurisdiction . . the Rooker- Feldman Doctrine" ; these all fail as a matter of law .
I. FACTS
R.B. Porter is a Police Officer with the City of Stone Mountain Police
Department, as such he has sworn an Oath' to honor the Constitution, uphold and
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abide by the law and protect. Officer Porter violated his Oath of Office, failed in
setting a good example, respecting the laws, being honest, adhering to all Rules
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"set-up" Plaintiff, thereby violated Federal and State Law and has destroyed the
enforcement, not Case Workers without the training and authorization to do legal
Officer Porter having Faxed his reports to a case worker with Family and
Children Services was deliberated to prevent the proper authorities from doing an
investigation, and to prevent Plaintiff s ability to have legal aid represent him and
"Acts under "color of any law" i nclude acts not only done by federal, state,
or local officials within the bounds or limits of their lawful authority, but also acts
done without and beyond the bounds of their lawful author ity; provided that, in
order for unlawful acts of any official to be done under "color of any law," the
unlawful acts must be done while such offic ial is purporting or pretend ing to act in
the performance of his/her offic ial dut ies. This definition includes, in addition to
law enforcement officials, individuals such as Mayors, Council persons, Judges,
Nursing Home Proprietors, Security Guards, etc ., persons who are bound by laws,
statutes ordinances, or customs ."
"Punishment varies from a fine or imprisonment of up to one year, or both,
and if bodily injury results or if such acts include the use, attempted use, or
threatened use of a dangerous weapon, explosives, or fire shall be fined or
imprisoned up to ten years or both, and if death results, or if such acts include
kidnapping or an attempt to kidnap . . . or an attempt to k ill, shall be fined under th is
title, or imprisoned for any term of years or for life, or both, or may be sentenced
to death." http ://www.flai . o~ v/hq/c_idlcivilrights/statutes.htm
protection4 under O.C.G.A. § 30-5-1, U .S. codes : Title 18 U.S .C. § 241, §242 (see
fn12/ & fn13I}, Title 42 Chapter 126 § 1210I (Findings and Purpose), § 12102 (State
The facts and evidence clearly shows that the disabled, Pro Se Plaintiff, is a
victim of criminal acts by these defendants . Crimes which carry fines, sentences
1 . The violations listed in the complaint are on-going, they have not stopped .
2. Plaintiff suffered his claims due to actions recognized as crimes by the State
of Georgia and under the laws of The United States, Plaintiff is a victim of crime
5 O.C .G.A. § 9-3-99 . The running of the period of limitations with respect to
any cause of action in tort that may be brought by the victim of an alleged crime
which arises out of the facts and circumstances relating to the commission of such
Case 1:06-cv-02954-WSD Document 40-1 Filed 02/28/2007 Page 6 of 22
3 . Further, Plaintiff has just recently discovered information that had been
4 . Plaintiff alleges that he has been denied Due Process and Equal Protection :
"Procedural due process requires the opportunity to be heard -this requires notice
and opportunity to be heard . See Cleveland Bd. Of Educ . V. Loudermill, 470 U.S .
532, 542 (1985)" Plaintiff alleges that he was denied Equal Protection - he was
treated differently from similarly situated persons and this treatment was the result
of state action . "(T)o properly plead an equal protection claim, a plaintiff need only
allege that through state action, similarly situated persons have been treated
disparately." Thimen v. Bibb County, Ga ., Sheriff s Dep't. 233 F .3d 1231, 1237
conspired with each other and others to deprive Plaintiff of his Civil and
6 . The aspersions cast by the defendants against the Plaintiff alleged that he
alleged crime committed in this state . . . provided that such time does not exceed
six years .
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was going to kill his elderly aunt . Plaintiff has had to borrow quite a bit of money
7 . Plaintiff has lost personal items, all inheritance, been a victim of grand
larceny . The acts of these defendants were more than grossly negligent or
malicious, the acts were vile and evils, with the intent of harm .
Facts
9 . EMS arrived, Carlock and Beamon and "Hughett", three persons dressed as
10 . Caffrey was examined, Plaintiff was told that nothing was wrong with her .
Plaintiff requested Caffrey be taken downstairs, the safest place for Caffrey was
downstairs where her wheelchair was . Oarlock called Stone Mountain Officer
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9. According to reports, at this point, Oarlock called Officer Porter in, claiming
11 . Neither Porter's Family Violence Report 10 nor his "Original Report" have
listed the time the 911 call came in, time of "dispatch, time for "arrival at the
scene", which all hinders in trying to defend oneself in a Court of law, see
dementia was incompetent ." i See complaint Exhibit 4, Exhibit 32 page 1 T 2 a & b .
13 . Caffrey obviously could not understand what she was being told or what was
happening when she was coerced by defendant "Hughett" and removed from her
home, at that point Caffrey was kidnapped or illegally abducted .'2 Oddly when
EMS arrived at hospital, there were only two paramedics Oarlock and Beamon .
Caffrey's home, she committed an act beyond her authority, then falsified reports .
(a) June 04, 2002, according to DeKalb Fire & Rescue Patient Care
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Unit 11 response : 8:03 ; at scene: 8:10; at patient : 8:1 lam.; En route hospital :
driverlmedic 14 ; the driver to and from the scene was defendant "Hughett"
complaint)
City Police Department, Recd call : 08:29; Dispatched : 08 :30; Arrived: 08 :32 ;
Rescue Patient Care Re ort last two sentences : "Transported to NRMC, at Pt's
request." "Pt . does not need to go back to same location, could possible die under
14 Defendant "Hughett" is not listed on the report . "Hughett" was the driver
of the ambulance. Plaintiff only recently learned that Captain Hughett, Lt . Hughett
at the time of incident, and referred to by Officer Porter as EMS Lt. Hu iett, was a
Firefighter Lt. Hughett~ not EMS although she was dressed as and m isrepresented
herself to Plaintiff as EMS . Defendant "Hughett" was on the scene in the capac ity
of "firefighter", not paramed ic.
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(d) Both EMS report and Officer Porter's reports would have you believe
that immediately after EMS arrived they met Ms . Caf&ey, immediately had to call
in Officer Porter to have Plaintiff removed so that they could examine Caffrey .
(e) According to the time logged in EMS report, ¶ (a) above, they sat
around for 18 minutes with Caffrey lying of the floor and did nothing while
Plaintiff ranted and raved. That is why there are no dispatch, arrival, departure
blank.l8
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the device was working and active, indicated by the red light which was on . See
complaints20 : See "Exhibit l." showing a Stone Mountain C ity Police Department
person" called in by Plaintiff after neighbor advised they had seen someone
complaint by Mavis Turner, refer to complaint pgs . 1 4-12 ; (3) 05/12/2002 : car had
rolled into Cafrrey's side yard, Plaintiff called in; (4) 06/04/2002: Domestic
Disturbance; (5) 06/24/2002: Sandra Al-Khaja and Mavis Turner were to get the
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Was victim advised of available remedies and services? : Yes. Box b : Type and
was made why ot? : marked "3-Insufficient probable cause" AND marked "4-
household or formerly lived in household ." (See fn\10/ for reason for Porter's lie
about Plaintiff living with or having lived with Caf&ey) Box for information about
Witnesses : LEFT BLANK. Box : Clear: only thing marked by Porter "Adult" .
Then has: " See narrative"; "Entered 6/13" with a big X through it, then "Entered
6119"
*Reality: 1) Officer Porter intentionally om itted the fact that there was a
fallen ; 3) complainant was Oarlock according to the "reports" if there was a victim
11/22/1911, she advised the wrong birth date . 5) IF Officer Porter had in fact
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b) there were no barriers and she was not locked in, so how was Caffrey confined
stated . . . Mr. Stegeman was being very verbal and would not let them conduct their
examination of Ms . Caffrey"
The facts are clear . Falsified EMS and Police Reports were intended for use
and have been used for the purpose of Civil and Constitutional Rights violations of
the Plaintiff. Those who have sworn an Oath to protect, abide by the laws and
Constitutions of the United States and The State of Georgia have a total disregard
for the law and have. no fear of charges for their illegal acts .
Dept personnel to declare Caffrey's house unsafe, the reason DEKaIb Safety went
directly to the gas stove when they arrived on the scene . Plaintiff until recently
thought that what was meant by "life at risk under nephew's care", was that he was
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"Hughett" was claiming that Plaintiff would cause his aunt's death from the house
being unsafe itself. "Hughett" is Fire Dept personnel as such could not claim
"abuse", she was claiming neglect or that the house was unsafe and thereby
planned to kill his aunt, discrimination, lack of concern for the Rights of the
extrinsic fraud involved in the violations of the Civil and Constitutional Rights of a
disabled man and caused the death of an elderly incompetent iady .2r
Governor Perdue a final policymaker22, set the policy when her responded to
Plaintiff's pleas for help concerning Stone Mountain Park . It is a "do nothing"
policy . Someone files a complaint asking for help stating they are disabled have
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"There's nothing I can do", knowing that a disabled person who has no money can
knowing that the State's final policymaker has set the policy of ignoring violations
the action .
The allegations along with the "master plan" of these defendants came close
to having Plaintiff arrested for attempted murder . Had he not borrowed a great
All the while the Plaintiff contacted and complained to everyone and
anyone, the persons who are obligated by federal and state statute and by Oath of
(2) Failure To Send Ante Li tem Notice is not applicable in this Civil Action.
Howlett v . Rose 196 U.S. 356 (1990) and Felder v . Casey, 487 U.S. 131 (1988)
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shows that State law sovereign immunity and state law limitations on damages "do
not protect local governments from liability under § 1983" and State laws requiring
pre-suit notification prior to initiating an action against the state or it's subdivisions
Plaintiff contacted everyone necessary, some more than once, insisted that
his Civil and Constitutional Rights were being violated, the answer to him was the
The fact is plainly seen, the Plaintiff either himself or Ms. McDonald, filed
division within the State of Georgia . When all was said and done, the final
persons, has no money, ignore him and he will go away . Policy was set by the
would know the proper authorities to contact for elder abuse or elder neglect ; they
would know that only law enforcement investigators investigate criminal acts and
that DFACS case workers do not have law enforcement personnel that can conduct
criminal investigations .
Facts clearly show that both the disabled Plaintiff and his elderly disabled
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aunt had their Civil and Constitutional Rights violated and they were both victims
of crimes. Ms . Caffrey was abducted and died23 during the commission of Civil
Rights violations by the defendants abusing their positions "under color of law" .
Further, Stone Mountain Police Officer Porter has no immunity from the
shown in Owen v . City f Independence, MO 455 U.S . 621 1980 and Monnel v.
Dept. of Social Services of New York, 436 U. S . 658, 699-700 1978 "Local
and may not asset the good faith of it's agents as a defense to liability" .
"It has long been the law that a plaintiff in federal court can seek to set aside
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U.S . (9 Otto) 80 ( 1878 the Supreme Court distinguished between errors of the
state court, which could not be reviewed in federal court, and fraud on the state
court, which could be the basis for an independent suit in circuit court . (The federal
Plaintiff has claimed that the acts of defendants were in fact "fraud upon the
court" which led to the decisions of the court, not errors and the acts were acts of
extrinsic fraud.
CONSLUSION
Plaintiff's case has presented as a prima facie : (pry-mah fay-shah) adj . Latin
for "at first look," or "on its face, " referring to a lawsuit or crim inal prosecution in
which the evidence before trial is sufficient to prove the case unless there is
complaint . Plaintiff in this Civil action would have much preferred legal counsel
to represent him in this matter, his choice was not to be a Pro Se litigant .
Plaintiff diligently tries to follow and abide by all The Federal Rules of Civil
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Procedure as well as the Local Rules and the Instructions from the Court . Lacking
Court. If in fact there are grounds for Dismissal on any or all of the claims,
Plaintiff further respectfully MOVES this Honorable Court to allow the Complaint
to be Amended to satisfy the Counts and Claims . Plaintiff believes that there are
things that need to be changed within the complaint and will be filing for Leave to
this matter without filing suit . Plaintiff filed complaint after complaint to deaf
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CERTIFICAT E O F COMPLIANCE
has been prepared in conformity with LR 5 . 1 , N.D. GA. This Motion was prepared
with Times New Roman (1 4 point) type, with a top margin of one and one-half
(1 .5") inches and a left margin of one (1") inch, is proportionately spaced .
`-JANffis B.
___SiEGF6rAN, Pro Se
.821 She -Zrd Rd
Stone Mountain, GA 30 $3
(770) 879-8737
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CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing was mailed to the defendants
through their attorney on record by causing a true and correct copy of same, to be
deposited into The United States Postal Service, proper postage affixed as follows :
Matthew R. LaValle
Daley, Koster & LaValle, LLC
Overlook 1
2849 Paces Ferry Rd ., Suite 160
Atlanta, GA 30339
Mr. Carothers
278 West Main St
Buford, GA 30518
Brenda A. Raspberry
DeKalb County Law Department
1300 Commerce Drive, 5t" Floor
Decatur, GA 30030
.:
This 27th day of February, ~007 .
/ 3AMES - o Se
1
r
821 Shepp rd Rd
Stone Mountain, GA 30083
(770) 879-8737
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