IN THE CIRCUIT COURT OF

SHELBY COUNTY, TENNESSEE

______________________________________________________________________________
HART CUNNINGHAM :
PETITIONER :
VERSUS : CASE NO:
MARK B. RULEMAN, CHESTER ALLAN :
RULEMAN, and MIKE D. NEEL, :
DEFENDANT :
______________________________________________________________________________

COMPLAINT AT LAW AND IN EQUITY

AND NOW, comes the Plaintiff, Hart Cunningham, by and through himself, pro se, to file the

instant complaint and in support thereof avers as follows:

1. The Plaintiff initiates the instant action against the Defendants by way of wrongful conversion

of property in addition to intentional infliction of emotional distress.

2. In addition to engaging in explicitly racist conduct, the Defendants have wrongfully converted

property exceeding the amount of $5,000.000.00 ($5 million dollars) belonging to the Plaintiff’s

grandfather which was only recently discovered by the Plaintiff in the instant matter thereby

giving rise to the instant action.

3. The portfolio, now worth approximately $15,000.000.00 ($15 million dollars) remains

wrongfully converted by the Defendants in the instant matter through the present moment

thereby giving rise to the instant legal action seeking return of this amount as well as any and all

other relief deemed necessary and applicable.

4. As a direct and proximate cause of the misconduct complained of herein, the Plaintiff has

suffered economic and non-economic damages in an amount to be fully determined at trial

5. The Plaintiff is seeking compensatory and punitive damages for each of the causes of action

complained of in the instant matter as well as any and all other relief deemed necessary.
 JURISDICTION AND VENUE

6. Jurisdiction is proper in the instant county pursuant to T.C.A. § 16-10-101 and other

subsequent case laws and principles.

7. Venue is proper as the matters complained of in the instant matter have all taken place in this

County.

PARTIES

8. PLAINTIFF - Hart Cunningham, is the Plaintiff in the instant matter with an address of

Address Line 1 Address Line 2

9. Defendants, Allan Ruleman, Mark Ruleman, and Mike Neal are the Defendants complained of

in the instant matter with addresses lines 1 and addresses lines 2.

STATEMENT OF FACT

10. The Plaintiff in the instant matter, Hart Cunningham, was close to his grandfather, Chester

Ruleman, who passed away about 8.5 years ago.

11. The Plaintiff helped the grandfather manage his portfolio estimated at a value of

$5,000.000.00 at the time which recently grew to $15,000.000.00 as it has been discovered by

the Plaintiff.

12. The Defendants in the instant matter, uncles of the Plaintiff based in Memphis, Tennessee

(Shelby County) wrongfully and unjustly removed the grandchildren (the Plaintiff and 7 others)

from the will while the grandfather was passing away.

13. The portfolio estimated at a value of $5,000.00.00 were managed by Mark Ruleman (uncle

and stockbroker) at Raymond James.

14. The Defendants Allan Ruleman and Mark Ruleman and Mike Neal worked together and

conspired with one another to steal the $5,000.000.00 (now $15,000,000.00) from the seven
grandchildren; one of which is the Plaintiff in the instant matter; thereby giving rise to the instant

claim for relief.

15. Plaintiff’s sister, Elaine, was born mentally disabled and the Plaintiff cares for them. The

Sister (Elaine) was removed from grandfather’s will along with the other children. The

Grandfather passed away on the Plaintiff’s birthday (December 23, 2013) and the Defendant

uncles did not even inform the Plaintiff; no phone calls, no notes, no messages, nothing was send

to the Plaintiff to inform him of the same. Instead, the Defendants used the time to move the

assets ($5,000,000.00 in funds approximately) to their own accounts at Raymond James.

16. The Plaintiff was the closest of all of the family members to the grandfather; the Plaintiff

worked for him in Memphis during college summers. The Plaintiff understood him and loved

him; no one else went to work or church with the grandfather except for the Plaintiff.

17. The 3 Uncles and Defendants in the instant matter completed the most reckless and dishonest

action that can be thought of when they wrongfully converted the funds that were supposed to be

inherited by the Plaintiff and other family members in the instant matter. The Plaintiff only found

out about this weeks ago from a cousin (Cal Ruleman - residing in Colorado). The Plaintiff is the

sole family member that is able to stand up to these three Defendant Uncles and the unspeakable

acts they have engaged in.

18. The Plaintiff’s parents have passed away; and the Plaintiff’s sister is struggling. The lawsuit

is more about the Defendants (3 Uncles) coming to terms with their embezzlement and racism /

hatred than retrieving the stolen funds. The other grandchildren deserve their inheritance and

justice me be done in the instant matter.

- 10 grandchildren - myself (Hart- 46m), Elaine (my sister - 45f), cal (Allan child - 46m -
Colorado - believes world in 6k years old w gray hair man in sky) & Elise (Allan child -
47f - mentally disabled), carols (passed) children (40m married in Alabama & 40f
 transgender in Seattle), Marks children (Billings m20s & sister f20s), Mike children (2 -
age 20m & 40f mentally disabled)
- Amgen - my grandfathers largest account - $1.8m in 1991, he would never sell, lifetime
owner of stock
- Funds - all funds ($5m at time of passing), $15m now was stored Raymond James at 50
N Front St, Memphis, TN 38103
- Accounts - Plaintiff personally saw/informed my grandfathers accounts while studying
masters in college - 1996 - Mark was official stockbroker for grandfathers accounts.
- Depression - Plaintiff has had 5k sleepless nights, since hearing the N word repeated
hundreds of times from Mark Ruleman as child. Plaintiff couldn’t visit Memphis family
due to his consistent racism that spread to my uncles like a disease, accelerated by
whiskey/machismo/hubris/white supremacy beliefs.

19. The Plaintiff only recently discovered this wrongful conversion and therefore the statute of

limitations is tolled pursuant to the doctrine of discovery as described herein.

20. The Plaintiff hereby initiates the instant action prior to the expiration of the statute of

limitations for the wrongful conversion of property and intentional misrepresentation as well as

any and all other relief deemed necessary and applicable.

21. As a direct and proximate cause of the misconduct complained of herein, the Plaintiff has

suffered economic and non-economic damages in an amount to be fully determined at trial

22. The Plaintiff is seeking compensatory and punitive damages for each of the causes of action

complained of in the instant matter as well as any and all other relief deemed necessary.

COUNT I

WRONGFUL CONVERSION OF PROPERTY

23. The Plaintiff hereby references and incorporates Paragraphs 1 through 18 as though set forth

herein at length.
24. “The elements of a conversion claim include: (1) an appropriation of another’s tangible

property to one’s use and benefit; (2) an intentional exercise of dominion over the chattel alleged

to have been converted; and (3) defiance of the true owner’s rights to the chattel.” White v.

Empire Exp., Inc., 395 S.W.3d 696, 720 (Tenn. Ct. App. 2012) (citing River Park Hosp., Inc. v.

BlueCross BlueShield of Tenn., Inc., 173 S.W.3d 43, 60 (Tenn. Ct. App. 2002)). “A wrongful

intent on the part of the defendant is not an element of conversion and, therefore, need not be

proved.” Id. (citing PNC Multifamily Capital Institutional Fund XXVI Ltd. P’ship v. Bluff City

Cmty. Dev. Corp., No. W2011–00325–COA–R3–CV, 2012 WL 1572130, at *22 (Tenn. Ct. App.

May 4, 2012)).

25. In the instant matter, the Defendant’s have wrongfully converted property that was rightfully

belonging to the Plaintiff when they wrongfully and unjustifiably removed the Plaintiff from the

will of the grandfather along with several other grandchildren without authorization.

26. The Defendants continue to exercise dominion over the property that has been converted in

defiance of the Plaintiff’s true ownership rights to the property thereby constituting a claim for

wrongful conversion of property.

27. As a direct and proximate cause of the misconduct complained of herein, the Plaintiff has

suffered economic and non-economic damages in an amount to be fully determined at trial

28. The Plaintiff is seeking compensatory and punitive damages for each of the causes of action

complained of in the instant matter as well as any and all other relief deemed necessary.

COUNT II

INTENTIONAL MISREPRESENTATION (FRAUD)

29. The Plaintiff hereby references and incorporates Paragraphs 1 through 18 as though set forth

herein at length.
30. The basic elements for a fraud action are: (1) an intentional misrepresentation with regard to

a material fact, Keith v. Murfreesboro Livestock Market, Inc., [780 S.W.2d 751 (Tenn. Ct. App.

1989)]; (2) knowledge of the representation falsity--that the representation was made 'knowingly'

or 'without belief in its truth,' or 'recklessly' without regard to its truth or falsity, Tartera v.

Palumbo, [453 S.W.2d 780, 782 (Tenn. 1970)]; (3) that the plaintiff reasonably relied on the

misrepresentation and suffered damage, Holt v. American Progressive Life Ins. Co., 7[31 S.W.2d

923, 927 (Tenn. Ct. App. 1987)]; Haynes v. Cumberland Builders, Inc., [546 S.W.2d 228, 232

(Tenn. Ct. App. 1976)]; and (4) that the misrepresentation relates to an existing or past fact,

Haynes, 546 S.W.2d at 232, or, if the claim is based on promissory fraud, then the

misrepresentation must 'embody a promise of future action without the present intention to carry

out the promise,' Keith, [780 S.W.2d at 754 (citing Brungard v. Caprice Wreckers, Inc., 608

S.W.2d 585, 590 (Tenn. Ct. App. 1980)]." 812 S.W.2d at 592.

31. In the instant matter, the Defendant’s engaged in the misrepresentation of material facts when

they removed the grandchildren from the will of the grandfather.

32. This misrepresentation of material fact was made knowingly and intentionally with the intent

to deceive others into reliance on the misrepresentation to deprive the Plaintiff and others of their

rightful property.

33. As a direct and proximate cause of the misconduct complained of herein, the Plaintiff has

suffered economic and non-economic damages in an amount to be fully determined at trial

34. The Plaintiff is seeking compensatory and punitive damages for each of the causes of action

complained of in the instant matter as well as any and all other relief deemed necessary.

COUNT III

CIVIL CONSPIRACY
35. The Plaintiff hereby references and incorporates Paragraphs 1 through 18 as though set forth

herein at length.

36. Under Tennessee law, a plaintiff pleading a civil conspiracy claim is required to prove: “(1) a

common design between two or more persons, (2) to accomplish by concerted action an unlawful

purpose, or a lawful purpose by unlawful means, (3) an overt act in furtherance of the

conspiracy, and (4) resulting injury.” Kincaid, 221 S.W.3d at 38 (citing Morgan v. Brush

Wellman, Inc., 165 F. Supp. 2d 704, 720 (E.D. Tenn. 2001)).

37. The Defendants Allan Ruleman and Mark Ruleman and Mike Neal worked together and

conspired with one another to steal the $5,000.000.00 (now $15,000,000.00) from the seven

grandchildren; one of which is the Plaintiff in the instant matter; thereby giving rise to the instant

claim for relief.

38. The Defendant’s engaged in the misrepresentation of material facts when they removed the

grandchildren from the will of the grandfather.

39. This misrepresentation of material fact was made knowingly and intentionally with the intent

to deceive others into reliance on the misrepresentation to deprive the Plaintiff and others of their

rightful property.

40. As a direct and proximate cause of the misconduct complained of herein, the Plaintiff has

suffered economic and non-economic damages in an amount to be fully determined at trial

41. The Plaintiff is seeking compensatory and punitive damages for each of the causes of action

complained of in the instant matter as well as any and all other relief deemed necessary.

COUNT IV

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

42. The Plaintiff hereby references and incorporates Paragraphs 1 through 18 as though set forth

herein at length.

43. The elements of an intentional infliction of emotional distress claim are that the defendant’s

conduct was (1) intentional or reckless, (2) so outrageous that it is not tolerated by civilized

society, and (3) resulted in serious mental injury to the plaintiff. See Lourcey v. Estate of

Scarlett, 146 S.W.3d 48, 51 (Tenn. 2004); Leach v. Taylor, 124 S.W.3d 87, 92 (Tenn. 2004);

Bain, 936 S.W.2d at 622.

44. In the instant matter, the Defendants engaged in an intentional course of conduct made to

alienate the Plaintiff and discriminate against them on the basis of race which in an outrageous

manner that can reasonably be found by a jury not to be tolerated in a civil society and resulting

in serious mental anguish to the Plaintiff.

45. As a direct and proximate cause of the misconduct complained of herein, the Plaintiff has

suffered economic and non-economic damages in an amount to be fully determined at trial

46. The Plaintiff is seeking compensatory and punitive damages for each of the causes of action

complained of in the instant matter as well as any and all other relief deemed necessary.

JURY TRIAL DEMANDED

47. The Plaintiff hereby demands a trial by jury with regards to all genuine disputes of material

facts pertaining to the instant matter.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff Hart Cunningham prays for relief as follows:

1. That proper process be issued and Defendant be required to answer or otherwise respond to
the Complaint within the time permitted by law;

2. The Plaintiff have and receive a judgment against the Defendant in the amount of damages to
be determined in a trial by jury on the date of judgment.
3. The Plaintiff be awarded such further general or specific relief as the Court deems proper; and

4. THAT A JURY BE IMPANELED TO TRY ALL ISSUES OF FACT IN THIS CASE.

DATED: AUGUST 25, 2022 RESPECTFULLY SUBMITTED,

____________________________

IN THE CIRCUIT COURT OF

SHELBY COUNTY, TENNESSEE
______________________________________________________________________________
HART CUNNINGHAM :
PETITIONER :
VERSUS : CASE NO:
MARK B. RULEMAN, CHESTER ALLAN :
RULEMAN, and MIKE D. NEEL, :
DEFENDANT :
______________________________________________________________________________

VERIFICATION

I, Hart Cunningham, hereby swear and affirm that the foregoing statements are true and correct

to the best of my knowledge and information under penalty of perjury and falsification to law

enforcement authorities.

DATED: AUGUST 25, 2022 RESPECTFULLY SUBMITTED,

 ____________________________

IN THE CIRCUIT COURT OF

SHELBY COUNTY, TENNESSEE
______________________________________________________________________________
HART CUNNINGHAM :
PETITIONER :
VERSUS : CASE NO:
MARK B. RULEMAN, CHESTER ALLAN :
RULEMAN, and MIKE D. NEEL, :
DEFENDANT :
______________________________________________________________________________

SUMMONS
NOTICE TO DEFEND

You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served,
by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.

IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO

PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.

LAWYER REFERENCE SERVICE SHELBY COUNTY BAR ASSOCIATION

SHELBY COUNTY BAR ASSOCIATION