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Duff Answer

Duff Answer

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Published by bblurkin

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Published by: bblurkin on Jan 02, 2009
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06/16/2009

 
william duff Page 1 12/30/2008IN THE CIRCUIT COURT OF MISSOURI – KANSAS CITY MUNICIPAL DIVISION – COURT1ROOM A23CITY OF KANSAS CITY, MISSOURI )4
Plaintiff )
5
Vs ) case#2243354-4and2243355-1and
6
) 2243356-9
7
WilliamDuff )
8
Defendant )
910
DEFENDANT ANSWER TO PLAINTIFF,CITY OF KANSASCITY,MO.,
11
CASE #’s2243354-4and2243355-1and2243356-9
1213
COMESHERE NOW
, William Duff, pro per, (hereinafter he, his, defendant or Duff),
14
One of the People within Missouri, sui juris, without assistance of counsel, appearing
15
specially for the express limited purpose of challenging the competence of complaint #
16
2243354-4 and 2243355-1 and 2243356-9 and of this Courts lawful standing to hear
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said matter, and demonstrating that this complaint fails to provide this court with
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 jurisdiction of the subject matter or the person due to defendant’s affirmative defense of 
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Sovereign Immunity From all restraint by every government department or agency
20
respecting said complaints , does answer said complaints as follows;
211.
William Duff is a mature adult Missourian and is sufficiently knowledgeable of 
22
the facts and law applicable to the instant matter to testify as follows;
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Duff Avers that;
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2. All actions herein complained of by agents of Kansas City, Mo were actions that
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took place upon the public right of way in Clay County, Missouri;
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3. The complaints/information above referenced comprehend no intentional or
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unintentional injury to any others person or property;
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4. At no time relevant to this action did Duff ever exit his own private domain and
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enter into the public domain or any others private domain nor act in anything
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other than his own private capacity in accordance with his own private Right of 
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william duff Page 2 12/30/2008
action as is authorized by his Birthright and comprehended and secured to him by
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the controlling constitutions.
335.
Duff avers that; and takes cognizance that two distinct status of citizen exist.
34
Included here as if written in full is the “offer of proof of two distinct citizenship
35
status”(exhibit B)
366.
William Duff avers that; having rejected the federal declaration that he is a United
37
States citizen as comprehended by section 1 of the 14
th
amendment; having
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rescinded all powers of appointment with the Federal and State Governments
39
therewith associated respecting his Right of Action taken within his own private
40
domain and all previous admissions to the contrary informs this court and every
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other government entity that he is not a federal citizen residing in Missouri but
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has taken back his rightful status as a Missourian who is expressly not a United
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States citizen as comprehended by the 14
th
Amendment and revised Missouri
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Constitutions subsequent to 1820 in comprehension thereof and is therefore not
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subject to the regulatory scheme(s) arising there from (See Exhibit A, Affidavit of 
46
Truth of Citizenship Status);
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7. Duff avers that there are, in fact, one of the two distinct status of citizen in
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America probably can legally be compelled or prohibited respecting the actions
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herein complained of but that William Duff is expressly not such federal citizen
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(United States citizen) residing in Missouri (see offer of proof of citizenship
51
status’ Exhibit B). Duff is a Missourian, one of the people, and therefore could
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not possibly be restricted or restrained by any law, statute, or ordinance in support
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of the instant charges although Duff does recognize that they may have the
54
capacity to restrain the U.S. citizen in some circumstances.
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8. William Duff avers that complaint # 2243354-4 and 2243355-1 and 2243356-9 is
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an attempt by City of Kansas City, Mo (a government sub-division) to initiate an
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unlawful restraint upon his person and property;
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william duff Page 3 12/30/2008
9. William Duff avers that said complaint is civil in nature and does not comprehend
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a criminal act sufficient to invoke the “reasonable search and seizure” clause 2 of 
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the 4
th
Amendment or the equivalent expression in the 1820 Missouri
61
Constitution;
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10.William Duff avers that City of Kansas City, Mo has failed to bring an action for
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which this court can lawfully provide a remedy in that the action complained of is
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an individually retained prerogative right of action protected by the controlling
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constitutions because the action exists and is performed solely at the prerogative
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Right of William Duff upon which no government entity was or even could be
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granted authority to compel or prohibit;
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a.
AFFIRMATIVE DEFENSE
; William Duff, not being a federal citizen
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residing in Missouri, possesses Sovereign Immunity from all restraint
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initiated by any government department, sub division, agency and/or agent
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unless probable cause that a “mala in se” crime or damage to the Public
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owned property is a causation attendant to that initiation of restraint upon
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William Duff’s person, house, papers and effects pursuant to Rights
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retained by the individual people as expressed and secured in the
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Constitution for the United States of America at Article 4 section 2 and
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enforced upon the States without their consent as a condition of Statehood
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by Article 6 clause 2 (supremacy clause) and acknowledged by the
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Constitution of Missouri 1820 at Article XIII section 13;
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11.William Duff avers that the State can be granted only those powers that the
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collective people possess and can grant or that individual people consent to and
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that all Rights of the people held individually, inclusive of, but not limited to,
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prerogative rights and rights of action are strictly held by the individual unless by
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the individuals consent he grants the state use thereof or by his act that injures
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another;
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