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Charlie Sprinkle's section 1983 case from year 1975

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Charles Sprinkle’s Section 1983 Case from 1975

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Charles Sprinkle’s Section 1983 Case from 1975

Charles Sprinkle                                                                             Filed 3 January 1975

10580 Creek Road Ojai, California 93023

Plaintiff Pro Se.


U.S. District Court

Central District of California

312 Spring Street, Los Angeles California


Charles R. Sprinkle

                         plaintiff

v

Governor Ronald Reagan,

his wife Nancy Reagan,

District Attorney Stanley Trom,

his wife Joan Trom,

Deputy Dist. Atty. William Hinkle,

his wife Mary Hinkle,

Judge Benjamin Ruffner,

his wife Jacqueline Ruffner,

Judge Donald Polack, his wife Georgia Polack,

Judge Richard Heaton,

his wife Anne Heaton,

Officer Glen White,

his wife Judy White,

Officer Gary Hardman,

his wife Patricia Hardman,

Judge Robert Soares,

his wife Kathryn Soares,

                                      Defendants

Case # CV 75-13 dww(k) 

 

Complaint for Money Damages for:

            Deprivation of Constitutional Rights,

            Conspiracy do Deprive Plaintiff of Constitutional Rights, and

Failure to Protect Plaintiff from Conspiracy to Deprive Plaintiff of his Constitutional Rights.

 

Jury is hereby Demanded.

 

Table of Contents:

 

Stopped by Highway Patrol on Jan 15, 1974

 

Driver License is Title of Nobility

 

Federal Reserve notes not backed by silver and gold

 

Denial of Due Process

 

Denial of Counsel of Choice

 

Infliction of Excessive and therefore Cruel and Unusual Punishment

 

Infliction of Peonage and Involuntary Servitude

 

California Bar in Violation of Sherman Antitrust Act

 

Conspiracy. Overt Acts

 

1.         Comes now the Plaintiff above named in his own natural person and complains against Defendants above named for depriving Plaintiff of constitutional rights under color of State Law, custom or usage, conspiracy to so deprive and/or failure, neglect or refusal to protect plaintiff from said conspiracy although it was within the power to do so.

Jurisdiction

2.         This Court has jurisdiction under 28 USC 1343 (1), (2), (3), and (4) and under USC 1938, 1985.

3.         Plaintiff and individuals, named are citizens and residents of the State of California. Defendants are employees of the State of California and The County of Ventura.

1st Cause of Action

4.         Plaintiff is a resident of the County of Ventura, State of California for the past thirteen years.

5.         Ronald Reagan is Governor of the State of California;

6.         Robert Soares is Judge in the Municipal Court County of Ventura State of California.

7.         Stanley Trom is District Attorney for the County of Ventura, State of California.

8.         William L. Hinkle is Deputy District Attorney for the County of Ventura, State of California;

9.         Glen White is Court Officer for the State Highway Patrol, County of Ventura, State of California.

10.       Gary Hardman is Highway Patrol Officer in the County of Ventura, State of California;

11.       Benjamin Ruffner is Judge in Superior Court, County of Ventura, State of California:

12.       Donald Polack is Superior Court Judge, County of Ventura, State of California;

13.       Richard Heaton is Superior Court Judge, County of Ventura, State of California;

14.       Nancy Reagan, Joan Trom, Mary Hinkle, Ann Heaton, Judy White, Jacqueline A. Ruffner, Georgia L. Polack, Patricia Hardman and Kathryn A. Soares are to the best of Plaintiff’s knowledge and belief, the wives, respectively of Defendants named above;

15.       They are joined as a protection to Plaintiff against their husbands unlawful dissipation of assets or attempted conveyances of property in a attempt to defraud legitimate creditors.

16.       By Law, Article XX Section 3 of the Constitution, State of California, Defendants, Reagan, Soares, Trom., Hinkle, White, Ruffner, Heaton, Hardman and Polack, have been required by Oath of affirmation, to support and defend Plaintiff’s Constitutional rights when or where they clam to have jurisdiction over or official duties with the Plaintiff.

Stopped by Highway Patrol on Jan 15, 1974

17.       On or about Jan. 15, 1974, Plaintiff while driving a 1967 Triumph automobile on State of California Highway, Plaintiff was arrested and ordered to obtain a Drivers License and a automobile License.

Driver License is Title of Nobility

18.       Both are Titles of nobility.

19.       Said order was in violation of Article 1 Section 10 of the Constitution Footnote .

Federal Reserve notes not backed by silver and gold

20.       Defendant Hardman, Highway Patrolman, also required me to pay for said License with Federal Reserve Notes, That are not backed by gold or silver coin, as stipulated in Article 1 Section 10 of the U.S. Constitution.

21.       Defendant Hardman threatened Plaintiff with deprivation of Liberty and property with out due process of Law.

22.       All this was done under, Color, Custom and Usage of California State Vehicle Code.

23.       Defendant White acting in conspiracy with Hardman and under color, custom and usage of law, ordered Plaintiff to court.

24.       The constitutes a violation of his Oath of Office as covered by Title 18, USC 241and 242.

25.       Defendant Soares was assigned to Court wherein Plaintiff appeared as defendant in a criminal Traffic Case.

26.       Plaintiff filed a motion for counsel of his own choice, as is his right, as set forth in the 6th Amendment of our U.S. Constitution.

27.       Defendant Soares in concert with the California State Legislature, has denied Plaintiff's motion for counsel of his own choice.

28.       Plaintiff is guaranteed Freedom of Speech and Freedom of association under the First Amendment to the U.S. constitution.

29.       Therefore, Plaintiff is free to associate with counsel of his choice and to have a spokesman (counsel of his choice to speak for him).

Denial of Due Process

30.       Plaintiff is guaranteed Due process of Law by the Fifth Amendment of our U.S. Constitution.

Denial of Counsel of Choice

31.       The Bill of Rights includes, Counsel of choice in the 6th amendment.

32.       Due Process is guaranteed by the both the 5th and the 14th amendments to the constitution.

Infliction of Excessive and therefore Cruel and Unusual Punishment

33.       Under the 8th Amendment, cruel and unusual punishment may not be applied against Plaintiff.

34.       Defendants have imposed just such cruel and unusual punishment upon Plaintiff by the mental stress placed upon Plaintiff as a result of Defendant Soares’s denial of Counsel of choice.

35.       Under the 9th amendment to the constitution Plaintiff’s right to counsel of choice is protected from encroachment by any individual or government body under the 10th amendment to the constitution.

36.       Plaintiff reserves all powers not specifically delegated to the Federal or State Government and he has not waived any of the rights aforementioned, which for the most part are natural rights, but which are also protected by the constitution.

Infliction of Peonage and Involuntary Servitude

37.       Under the 13th. amendment to the constitution Plaintiff is protected against peonage and involuntary servitude, where the actions of Defendants appear to destine Plaintiff.

38.       Under the 14th amendment of the, Plaintiff is protected under Title 18 USC, Sec. 241and 242 from the acts of Defendants.

California Bar in Violation of Sherman Antitrust Act

39.       Defendants , Under Color, Usage and Custom of California set forth in Article VI Sec.9 of the California constitution (attached hereto as Exhibit A) and made a part here of as though stated in total herein, in their capacity of public ministers have denied plaintiff the unalienable right to counsel of Plaintiff own choice, Who may or may not be a member of an exclusive organization, Which Organization may well be in Violation of the Sherman antitrust Act 25 USC 1,2,3,

40.       Defendants Trom and Hinkle Conspired in concert with other Defendants, Hardman, White, Soares, Reagan, Ruffner, Polack and Heaton, acting outside their Lawful Duties, To bring to bear upon Plaintiff unconstitutional acts under Color, custom and Usage of State laws.

41.       Defendants Reagan, Soars, Hardman, Trom, Hinkle, Pollack, Heaton, Ruffner and White acted outside the perimeters their Lawful Duties.

42.       Defendants Violated their Oaths of office. They did so under Color, Custom and usage of Federal and State Law. Defendants acted Grossly, Willfully, Wantonly, Unlawfully, Carelessly, Recklessly, Negligently, Maliciously, purposefully, Intentionally and Discriminatingly against Plaintiff and did so taking advantage of Color, Custom and Usage of State Law and custom within a citizen’s fear of State personal prosecuting good citizens for having stood up for their Natural rights protected by the U.S. constitution and the California State Constitution.

Conspiracy. Overt Acts

43.       Defendants conspired together and with others as yet unknown to Plaintiff to deprive him of his rights.

44.       Overt acts committed by Defendants Pollack, Ruffner, Soares, Hardman, White, Reagan, Trom and Hinkle includes that complained of in above paragraph of this complaint.

45.       Denying Plaintiff a right to counsel, are all in collusion with the State Legislative Branches of the State of California.

46.       Defendants named above relying on their own discretion and erroneous interpretation of the Supreme Law of the Land, Which is the Constitution and not any statute in conflict there with issued or coursed to be issued order for plaintiff conspire with Defendants to subvert the constitution by excepting Titles of Nobility and to make something other them gold and silver coin a tender for payment of debt.

47.       All these are contrary Article 1, Sec. 10, of the Constitution.

48.       Defendants aforenamed deprived Plaintiff of his 9th and 10th Amendment rights, which protect him from Oath-breaking so-called "public servants" who wallow in the pubic trough while trampling upon Plaintiff’s Constitutional Rights.

49.       Said defendants, Meanwhile attempt to impose totalitarian Socialism upon the People, Although such a System is the Antithesis of the Constitution, That public servants and duly constituted Authorities are Sworn to uphold

50.       Defendants have exceeded their jurisdiction.

51.       They have abused their discretion.

52.       They have acted outside the Lawful perimeters of their official duties.

53.       They have Grossly, Willfully, wantonly, 19) Unlawfully, Carelessly, Recklessly, Negligently, Intentionally, 20) maliciously, Purposefully, and Discriminatingly Conspired to deprive Plaintiff of his Constitutional rights and They have Refused, neglected or Failed to Protect Plaintiff from said Conspiracy although they have been a position to do so.

54.       Defendants Nancy Reagan, Joan Trom, Mary Hinkle, Judy White, Jacqueline A. Ruffner, Georgia L. Pollack, Anne Heaton, Patricia Hardman, Kathryn A. Soares, are the wives respectively of the afore-named Defendants Who are Employed as Erstwhile "public-servants";These wives are in effect are "Socialist- Queens", enjoying and living on the Largess and Unlawful spoils brought home by their husbands as compensation for said husband’s Violation of their Oaths of Office and for their willing perversion of the U.S. Constitution and the California Constitution.

55.       Said wife Defendants named above have failed, refused or neglected to protect Plaintiff from the conspiracy of their husbands and said failure is intentional, purposeful and malicious.

56.       The acts of omission of said wife Defendants named above constitute an overt act of conspiracy to refuse to protect Plaintiff.

57.       Defendant acts as heretofore complained of, Have caused harm and damage to Plaintiff.

58.       Said acts have caused mental and physical suffering, insomnia, worry, financial insecurity, stress and strain in relationships, in his work, with his family, relatives and friends, Defendants activities have impaired Plaintiffs credit standing.

59.       They have subjected him to public ridicule and embarrassment.

Prayer

60.       Defendants complained of acts entitle Plaintiff to recover money 21) damages from Defendants and from each of them as follows:

61.       For general damages $ 50,000;

62.       For punitive damages $100,000;

63.       This shall be payable to Plaintiff in Constitutional Lawful Money redeemable in gold or silver coin as set forth in Article 1 Sec. 10 of the constitution.

64.       In addition plaintiff prays such other and further relief as to the jury demanded in this case shall appear just.

65.       Defendants herein are sued in their individual capacities and not as agents of the State of California or The United States.

66.       This is a civil rights Suit and not under the torts claims act.

67.       The United States or the State of California can not be substituted as a party defendant and the consent of the united States or the State of California to be sued is not demanded.

68.       If necessary; Plaintiff demands for all issues to be decided by the Jury Demanded;

69.       If defendants move to dismiss this suit, Plaintiff Demands that it be heard by the jury demanded, and only be dismissed if the Jury considers it lacks merit.

(Respectfully submitted)

Charles Sprinkle, Laborer, Pro Se.


 

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