The
People of the State of Washington, ex rel.,
Kenneth Wayne,
In his individual capacity, as Relator for the Washington
republic,
and in his capacity as representative of the classes described
fully herein
below,
Plaintiff
Vs.
dba: STATE OF
WASHINGTON
, and
inclusive of all political subdivisions established under
the authority of
STATE OF WASHINGTON including but not limited to:
WASHINGTON STATE BAR
ASSOCIATION; and,
WASHINGTON STATE ASSOCIATION OF
PROSECUTING ATTORNEY
;
and also the following individual
actors:
GARY LOCKE
,
current member of the Washington State Bar Association, inactive,
and
Governor of Defendant “STATE OF WASHINGTON”;
JOHN G. SCHULTZ
,
Chairman of the Statute Law Committee;
DENNIS W. COOPER
,
Secretary & Code Reviser of the Statute Law Committee;
JAN ERIC PETERSON,
M. JANICE MICHELS,
Each as current members of the
Washington State Bar Association Board of Governors, all as
members of the
Washington Bar Association, all as policy makers for State
of Washington;
John Ladenburg,
As the primary policy maker and
enforcer for the Office of Snohomish County Prosecuting Attorney,
a current
member of The Washington State Bar Association, and member
of Washington
Prosecutors Association;
James Krider
As the primary policy maker and
enforcer of the Office of Pierce County Prosecuting Attorney,
and as a
current member of The Washington State Bar Association, and
as a member of
Washington Prosecutors Association;
Christine O’Grady Gregoire,
As fiduciary
of State of Washington’s Office of Attorney General, a supervising
authority
and policymaker over the several offices of county prosecuting
attorneys, and
as a member of the Washington State Bar Association;
Annette Sandberg,
Sgt
Kerwin #142
As
fiduciary(s) responsible for policy and procedures, training
and discipline,
and supervision of State of Washington’s Washington State
Patrol;
Trooper
Meenan #857,
Trooper
Depretto #351,
As
sworn fiduciaries charges with the duty to prevent or correct
wrongful
actions against Washington inhabitants, and having superior
knowledge of the
law,
Emerald
Towing
ABT
Towing
A-1
Towing
Each as
a licensed agent of State of Washington seizing private automobiles
without a
warrant and under color of law,
Defendant(s)
|
Cause
No.
COMPLAINT FOR:
1.
DAMAGES
FOR DEPRIVATION OF RIGHTS
BY DEFENDANTS DBA: “STATE OF WASHINGTON”, as defined in the
Federal
Civil Rights Act (42 USC 1981, et seq.);
2.
DECLARATORY
RELIEF
(28 USC
2201);
3.
INJUNCTIVE
RELIEF
, (28 USC
1651);
4.
RACKETEER
INFLUENCED AND CORRUPT ORGANIZATIONS
(RICO) CLAIMS FOR DAMAGES AND FOR DECLARATORY RELIEF,
(18 USC 1961, ET SEQ.);
5.
Class
Action
(
FRCP 23
(a), (b)(1)(A), (B)(1), (2) and (3));
and:
6.
NOTICE
OF REMOVAL OF
:
Cause #36751 MCR from SOUTH DISTRICT COURT, SNOHOMISH COUNTY, STATE OF WASHINGTON; AND,
Cause #YOC003263,
YOC003264, from DISTRICT COURT NUMBER ONE, PIERCE COUNTY,
STATE OF WASHINGTON
DEMAND FOR TRIAL BY JURY
|
TO:
The
Clerk of The United States District Court for the Western District
of The State
of Washington at the City of Tacoma, and,
To
all Parities of record and their respective counsel; that
I, Kenneth Wayne, herein after referred to as Plaintiff,
declare under the penalty of perjury under the laws of “The State
of
Washington” a republic established by the adoption and ratification
of the Constitution
of the State of Washington November 5, 1878 that the following is
true and
correct to the best of may knowledge understanding and beleif.
Plaintiff(s) makes the following allegations in support of
this complaint:
DEFINITIONS OF WORDS AND PHRASES
“Attachment ‘A’ ”,
incorporated
herein by this reference, are the definitions by which the reader
may determine
the meanings of certain words and phrases appearing herein.
Unless the context clearly requires otherwise,
or the writer of a specific document in pleading or process expressly
provides
otherwise, the words and phrases provided in Visiting Party’s definitions
control the meanings of such words and phrases in the pleadings and
process of
the above captioned action.
1.
The
claims made herein are asserted pursuant to the United States Constitution
(the
Monell, injunctive, claims); Civil Rights Act as codified at 42
USC 1981, et
seq. (civil rights, Monell, and injunctive, claims); Declaratory
Judgments Act
as codified at 28 USC 2201 (declaratory relief claims); The All
Writs Act as
codified at 28 USC 1651 (injunctive relief claims); The Racketeering
Influenced
and Corrupt Organizations Act as codified at 18 USC 1961, et seq.
(RICO
claims), and the jurisdiction of this court is invoked pursuant
to the United
States Constitution; 42 USC 1981, et seq.; 28 USC 1331; 28 USC 1332;
28 USC
1343.
2.
The
Plaintiff, through its duly recognized Relator, hereby expressly
grants the
above captioned court jurisdiction to exercise the judicial powers
provided for
at Article III of the Constitution for the United States of America,
AD
1787-1791, and as provided by congress under that Article III authority.
3.
The acts and /or omissions complained of occurred in
the Western District of Washington and some of those acts/omissions
occurred
within Pierce and Thurston counties, The defendant’s primary offices
are
located in Thurston county, within the Tacoma Division of the Western
District
of Washington, and therefore, venue lies in the Western District of
Washington
pursuant to 28 USC 1391, and in the Tacoma Division pursuant to Local
Rule CR
5(e).
STATUS OF THE PLAINTIFF
4.
The Plaintiff is the
republic established by the People of the Territory of Washington
November 5th,
1878, and accepted into the union of the several united States of
America by
act of congress in 1889.
5.
The Plaintiff brings
this action to redress wrongs alleged to have been caused by Defendant(s)
on
behalf of the Relator and for other inhabitants protected by the
Constitutions
and laws of the United States of America and The State of Washington,
1878,
which victims Defendant(s) are alleged to have denied rights guaranteed
by said
constitutions and laws.
6.
The Relator is a natural
born inhabitant whose domicile includes but is not limited to the
geographical
area of “The State of Washington” at Pierce county, the Republic
established by the adoption and ratification of the Constitution
of the State
of Washington November 5, 1878, admitted in 1889 as the 42nd member
state of
the union of the several united States of America by the authority
of the
“Enabling Act of 1889”. The Plaintiff is, by treaty, a member of
and within the
jurisdiction of the United States of America and Relator’s domicil
is within
the jurisdiction of the United States of America and the United
States District
Court for the Western District of the State of Washington at all
times herein
alledged.
Relator has made inquiry of
several of those persons dba: State of Washington and occupying
the offices of
the ‘seat of government’ at Olympia as to the locations of the offices,
and the
identities of the officers, of the republic member of the union.
Each of the persons queried indicated that
they did not have any documentation responsive to the request for
identification of the officers of the Washington republic.
7.
The
Relator is a Inhabitant of “The State of Washington” in its original
jurisdiction of 1878 Walla Walla Constitution, a free white man
on the soil, as
defined and described in the Dred Scott case 19 Howard
60 US 393 A.D.
1856/1857.
8. That Relator is a not citizen of or resident of the Enterprise “STATE OF WASHINGTON” or any political subdivsion thereof.
9. The Relator has the authority to bring this action in the name of The People of the State of Washington as recognized at Article(s) IX and X in Amendment ot the national constitution, and as provided at Article VIII § 17, and recognized at Article V § 1; § 9; § 16; § 24; and § 26 of the Constitution for the State of Washington established and ordained by the People of Washington and upon which their republic was admitted to the union.
STATUS OF THE DEFENDANT(s)
10. The Defendants are as follows: Those several persons dba: STATE OF WASHINGTON (aka: “State of Washington”), and all political subdivisions established under the authority of STATE OF WASHINGTON; WASHINGTON STATE BAR ASSOCIATION; WASHINGTON ASSOCIATION OF PERSECUTING ATTORNEYS ; GARY LOCKE, current member of the Washington State Bar Association (inactive), and Governor of Defendant “STATE OF WASHINGTON”; JOHN G. SCHULTZ , Chairman of the Statute Law Committee; DENNIS W. COOPER, Secretary & Code Reviser of the Statute Law Committee; JAN ERIC PETERSON, current member of the Washington State Bar Association Board of Governors, a member of the Washington Bar Association, a policy maker for State of Washington; M. JANICE MICHELS, Executive Director and current member of the Washington State Bar Association Board of Governors, a member of the Washington Bar Association, a policy maker for State of Washington; John Ladenburg, a current member of The Washington State Bar Association, Prosecuting Attorney for Pierce County, a member of Washington Prosecutors Association; James Krider, current member of The Washington State Bar Association, Prosecuting Attorney for Snohomish County, and member of Washington Prosecutors Association; Annette Sandberg, fiduciary of the Office of Chief and primary policy maker and enforcer, Washington State Patrol an armed force of State of Washington; Sgt. Kerwin #142, a supervisor and policy implementer and enforcer for Washington State Patrol and as a natural person having superior knowledge of the law and a sworn contract duty, and the ability, to prevent or correct wrongs occurring within his presence; Trooper Meenan #857, as a natural person having superior knowledge of the law and a sworn contract duty, and the ability, to prevent or correct wrongs occurring within his presence; Trooper Depretto #351, as a natural person having superior knowledge of the law and a sworn contract duty, and the ability, to prevent or correct wrongs occurring within his presence.
11. Plaintiff reserves the right to join such additional persons dba: State of Washington to this action as their identities become known to Plaintiff.
12. The Plaintiff states that t he Defendant, STATE OF WASHINGTON, and all political subdivisions established under the authority of STATE OF WASHINGTON hereinafter referred to collectively as STATE OF WASHINGTON. “State of Washington and/or State” is the dba for the “Territory of Washington” WSL 1890-90 p33 § 1. The Defendant STATE OF WASHINGTON, is operating under color of territorial law and private statute/code and a private constitution published in volume 0 of “The Revised Code of Washington”. The Defendant STATE OF WASHINGTON is a separate legal person from the republic of The State of Washington established by The Constitution of the State of Washington established ordained and ratified by election 1878 and admitted to the union in 1889 under the authority of the enabling act of 1889. RCW 82.04.200, under color of alleged defacto governmental authority as hereinafter more fully appears. The Plaintiff states that Defendant “Washington State Bar Association” (WASHINGTON STATE BAR ASSOCIATION) is an agency of Defendant “Territory of Washington dba State of Washington and/or State” established in the year 1933 under the provisions of quasi-territorial legislation WSL 1933 c 94 § 1[RCW 2.48.010]. The Defendant “Washington State Bar Association” domicil is within the jurisdiction of the United States of America and the United States District Court for the Western District of the State of Washington as at all times herein alledged.
13.
The Plaintiff states that Defendant “WASHINGTON STATE
ASSOCIATION OF PROSECUTING ATTORNEY” is a private organization or
association doing
business within the geographical area of the republic of The State
of
Washington. The Defendant “Washington Association of Prosecuting
Attorney’s” domicil
is within the jurisdiction of the United States of America and the
United
States District Court for the Western District of the State of Washington
at
all times herein alledged.
14.
The Defendant(s) “STATE OF WASHINGTON”, “Washington
State Bar Association”, “WASHINGTON STATE ASSOCIATION OF PROSECUTING
ATTORNEY”,
are a private organization or association of the named individual
Defendant(s),
and the Defendant(s) unknown confederates, each operating under
one or more of
the collective names “STATE OF WASHINGTON”, “State of Washington”,
“Washington
State Bar Association”, and “WASHINGTON STATE ASSOCIATION OF PROSECUTING
ATTORNEY”, within the geographical area of the republic of “The
State of
Washington” and operating under color of territorial law and private
constitution statue/code, under color of defacto governmental authority.
The
Defendants “State of Washington”, “Washington State Bar Association”
and the
“Washington Association of Prosecution Attorneys” shall hereinafter
be
collectively or individually referred to as an “enterprise”.
15.
Each and every Defendant and their unknown
confederates, who is a natural person is named in his/her individual/personal
capacity, as well as in his/her official capacity if s/he had any
policymaking
and/or supervisory duty(s), function(s), or responsibilities with
respect to
the matters alleged herein, as members of the association of persons
doing
business as enterprise “STATE OF WASHINGTON”, “State of Washington”,
“Washington State Bar Association”, and “WASHINGTON STATE ASSOCIATION
OF
PROSECUTING ATTORNEY”, within the geographical area of the republic
of “The
State of Washington”. The capacities for which each Defendant named
is more
fully set forth in the totality of the pleadings and previous sections.
All
Defendant(s) who are natural persons shall hereinafter be referred
to
collectively as Defendant(s) or as needed for clarification of individual
issues, individual Defendants will be referred to by individual
name.
16.
Reserved.
DECLARATION OF PLAINTIFF
THAT ALL PREREQUISITES TO MAKING CLAIMS FOR TORTUOUS CONDUCT OR
UNDER 42 USC §
1981 ET SEQ. AGAINST THE STATE OR ANY OFFICER OR EMPLOYEE OF THE
STATE HAVE
BEEN SATISFIED
17.
To the degree it may be determined applicable, Relator
declares that the statutory prerequisite, as per the Washington
Session law of
“STATE OF WASHINGTON” 1989 C 419 § 14; 1986 C 126 § 8; 1978 C 151
§ 4; 1977 ex.
S. c 144 § 3; 1963 c 159 § 4 [RCW 4.92.110] that sixty days are
to elapse after
the presentment of a claim to the risk management office has been
satisfied as
to Relator’s initial alleged damages.
18.
As the Relator is not in custody according to Spencer
v. Kemna, five justices expressed the view that a § 1983 plaintiff
who is no
longer in custody “may bring a § 1983 action establishing the
unconstitutionality of a conviction...without being bound to satisfy
a
favorable-termination requirement it would be impossible as a matter
of law for
him to satisfy.” 523 U.S. 1, 21 (1998) (Souter J., concurring).
The majority of
courts since Spencer
have
followed this reasoning. SEE: Haddad v. California, 64 F.
Supp. 2d 930,
937-38.
FACTS
COMMON TO ALL COUNTS
19.
Each and every
allegation set forth in each and every averment of this pleading
hereby is
incorporated by this reference in each and every other averment
and allegation
of this pleading, as though fully set forth therein.
20.
The
Plaintiff and its people, including but not limited to its Relator
in the
instant action, are deprived of interests protected by the constitution
and /or
laws of the United States of America, that each Defendant caused,
by the
commission or omission, or by conspiracy or RICO violation, The
Defendants
committed such deprivations while acting under color of State law.
21.
All acts
and/or omissions perpetrated by each Defendant, except any Defendant
only in
his/her official capacity, was engaged in maliciously, callously,
oppressively,
wantonly, recklessly, and deliberate indifference to the rights
allegedly
violated, despicably, and with evil motive and/or intent, in disregard
of the
rights of the Plaintiff(s), and under color of State law.
22.
Every
Defendant in both his/her individual and official capacity knowingly,
or
grossly negligently, or with deliberate indifference to the rights
allegedly
violated, caused to come into being, maintained, fostered, condoned,
approved
of, either before or after the fact, ratified, took no action to
correct, an
official policy, practice, procedure, or custom of permitting the
occurrence of
the categories of wrongs set forth in this pleading, and/or improperly,
inadequately, with deliberate indifference to the constitutionally
and/or
statutorily protected rights of the Plaintiff(s), grossly negligently,
with
reckless disregard to constitutionally protected rights, and protected
rights
under federal statute failed to properly train, to properly supervise,
to
retrain, if necessary to monitor, or to take corrective action with
respect to
police, prosecutors, attorneys, and judges with respect to the types
of
wrongful conduct alleged in this pleading, so that each one of them
is legally
responsible for all of the injuries and/or damages sustained by
the
Plaintiff(s) and its inhabitants.
23.
Decisions,
to pay for, defend, and/or to indemnify and hold harmless for, damages
for
misconduct assessed by juries against dba: “State of Washington”
officers all
make the Defendant(s) other than the police and prosecutorial Defendants
liable
for the police and prosecutorial misconduct in this case.
24.
Failures
by all Defendant(s) to prevent an association of individuals, collectively
known as “Washington State Bar Association” and “WASHINGTON STATE
ASSOCIATION
OF PROSECUTING ATTORNEY” from exercising authority and/or holding
office in
more than one department of Washington government, from creating
a defacto
government under color of territorial law, under the name “STATE
OF WASHINGTON”
(the dba for the “Territory of Washington”) establishing, without
authority of
the constitution established ordained and ratified by election November
5, 1878
by the people, upon which the republic of The State of Washington
admitted to
the union in 1889 as the 42nd state; false and private departments
of administration,
legislation, and judiciary “courts”, creating a private constitution
first
published in 1950 in volume 0 of the Defendant(s) Revised Code of
Washington,
administrative code, private legislation, false trials in private
courts, under
color of territorial law and perpetuating a scheme of simulating
process styled
in the name of “STATE OF WASHINGTON” the dba for “Territory of Washington”
which is contrary to the lawful process mandated by The Constitution
of The
State of Washington 1878, which is to be styled in the name and
under the
authority of “The People of the State of Washington” being based
upon false
testimony, “Testilying”, prosecutors providing testimony as an essential
witness to establish probable cause in cases where the prosecutor
is also acting
as counsel in violation of the “Rules of Professional Conduct” 3.7,
causing
false prosecutions without a finding by the grand jury of the county
as is
required by the laws of the republic of The State of Washington,
causing
imprisonments, concealing of evidence beneficial to the defense
in criminal
actions, and takings of property of innocent people, and of persons
not subject
to the Washington State Bar Association’s private law forums, under
color of
state law.
25.
Failures
by all Defendants to prevent an association of individuals, collectively
known
as “Washington State Bar Association” and in part “WASHINGTON STATE
ASSOCIATION
OF PROSECUTING ATTORNEY” through former and present members, from
taking
control of the offices of the government of the “Territory of Washington
dba
State of Washington and/or State” then perpetuating said control
to prevent the
papers records, administrative and judicial proceedings of the territory,
all
seals of the territory and of the supreme court of the territory
and all property
of the territory from passing to the jurisdiction and possession
of the
republic of The State Washington which joined the union as the 42d
state, based
upon the constitution adopted by its people November 5th
, 1878, and
submitted to Congress, as published at Senate Misc. Document #55,
and attached
to the acts which became the Enabling Act upon which Washington
joined the
union, and from using the offices of the Territory of Washington
under
color of territorial authority for the
profit and gain of the Defendant(s) and the enterprise, to deprive
the people
of republic of The State of Washington of life, liberty, and property
under
color of territorial law through simulated process of the Territory
of
Washington, falsification of records, impersonation of public officers,
false
testimony “Testilying”, and use of force and armed force, and threats
of force
and armed force to deprive the inhabitant’s of republic of The State
of
Washington from obtaining due process of law to enforce or protect
their protected
rights under the constitution and laws of the United States of America
and
access the republican form of government of the republic of The
State of
Washington.
26.
The
“Washington State Bar Association” “State of Washington” Attorney(s)
engaged in
improper conduct that went beyond the bounds of zealous advocacy
by, among
other things, improperly influencing and conspiring to improperly
influence
materially the decisions of those parties who control the legislative,
administrative, and executive office of the “Territory of Washington,
dba State
of Washington and/or State”, whether or not to indemnify “State
of Washington”
officials for damages awarded against them as Defendants in misconduct
actions,
by providing funds for the defense of such officials sued for clear
acts or
omissions in violation of clearly established law, by, among other
things,
suborning perjury, and/or obstructing discovery, and/or causing
cover-ups of
true and correct facts, and/or permitting or giving of testimony
and submission
of evidence and reports they knew, or reasonably should have known
to have been
false and/or misleading.
27.
In fact,
Washington State Bar Association member Norman Kim Maleng, also
a member of the
WASHINGTON STATE ASSOCIATION OF PROSECUTING ATTORNEY, told the Supreme
Court of
the United States that Washington prosecutors cannot “do their job”
unless they
have immunity from suit for committing perjury (Kalina vs. Fletcher).
28.
Washington
State Bar Association members Pamela Loginsky and Jeffrey Jahns,
acting for
Defendant Russell Hauge, in the name of the office of the Kitsap
County
Prosecutor, and in the name of the WASHINGTON STATE ASSOCIATION
OF PROSECUTING
ATTORNEY published a series of three books entitled “FREEMEN Armageddon’s
Prophets of hate and Terror”, held seminars and conferences for
police and
prosecutorial officials, and taught then “HOW TO FIT A SQUARE PEG
IN A ROUND
HOLE” in selecting and preparing false charges to retaliate against
anyone who
brought a process to challenge the lawfulness of the dba: State
of Washington
enterprise, by conspiring with and soliciting the conspiracy of
the several
police officers and prosecutorial officials who where exposed to
the books and
training, and also solicited other executive, administrative and
legislative
officials, who were invited to participate in the afore mentioned
training and
willfully and maliciously providing intentionally false advice under
color of
‘legal advice’.
29.
Reserved.
30.
Reserved.
31.
Reserved.
32.
Reserved.
33.
In doing
the alleged unlawful acts they did, or in failing to do those things
they
legally should have done, all Defendants acted in deliberate indifference
to
Plaintiff(s)’ rights as protected by the Constitution for the United
States of
America for profit and gain for themselves and the enterprise.
34.
Failures
by all Defendants with the duty, power, and responsibility to do
so, to provide
civil government oversight of the enterprise “Territory of Washington
dba State
of Washington and/or State” and its armed forces, and follow the
requirements
of The Constitution of The State of Washington and pass all papers,
records and
administrative and judicial proceedings, seal and all property of
the
“Territory of Washington dba State of Washington and/or State” to
the
jurisdiction and possession of the republic of The State of Washington
and/or
to prevent or aide in the prevention of the Washington State Bar
Association
members, past and present, who, as a continuous group, for gain
and profit for
themselves and the enterprise, have done the following enumerated
acts: taking
and maintaining control of the offices of the “Territory of Washington
dba
State of Washington and/or State” preventing all papers, records
and
administrative and judicial proceedings, seal and all property of
the
“Territory of Washington dba State of Washington and/or State” from
passing to
the jurisdiction and possession of the republic of The State of
Washington;
controlling the under color of territorial law, the territorial
legislature,
administration and the courts; by controlling the legislature the
Defendant(s)
dba as the enterprise “Washington State Bar Association” established
special
privileges and immunities for themselves denied to anyone who is
not a member
of enterprise “The Washington Bar Association”; of planting evidence;
coercing
confessions; initiating and prosecuting retaliatory ‘charges”; coercing
waivers
of substantive due process rights; coercing guilty or no-contest
pleas to
‘criminal’ charges; lying in official reports; causing false records
of
conviction to be published; making illegal threats to suspects;
making illegal
threats to witnesses; making/causing false arrests; conducting illegal
searches; making illegal seizures; making false warrant applications;
using
excessive force, lying under oath, suborning perjury; lying as witnesses;
obstructing discovery of criminal conduct by persons holding official
position(s); and covering up evidence of crimes by persons holding
official
position(s); creating false “courts”, false trials, initiating action
styled as
criminal, styled in the name of the “Washington Territory aka State
of
Washington and/or State” as opposed to the constitutionally mandated
style for
process and criminal prosecutions enumerated in The Constitution
of The State
of Washington the 42 state of the union which process is to be brought
in the
name and under the authority of
“The
People of the State of Washington”, and perpetuating a scheme of
simulating
process based upon false testimony, “Testilying”, prosecutors, by
providing testimony as an essential witness to
establish probable cause in cases where the prosecutor is also acting
as
counsel in violation of the “Rules of Professional Conduct” 3.7,
causing false
prosecutions without a finding the grand jury of the county as required
by the
laws of the republic of The State of Washington; false imprisonments;
concealing evidence beneficial to the defense in criminal actions;
and takings
of property of innocent people, and of persons not subject to the
Washington
State Bar Association’s private law forums, under color of State
law;
35.
Failures
to investigate police, prosecutorial, and other officials misconduct
and /or
failure to discipline police, prosecutors, and other officials found
culpable
for misconduct, inadequate investigations and/or inadequate discipline
imposed
for police and prosecutorial misconduct, and /or a failure to investigate
police, prosecutorial, judicial, and other misconduct in this case
for the
alleged misconduct in prior cases and in this case, make all Defendants,
other
than police officers liable for the police and prosecutorial misconduct
in this
case.
36.
On January 7, 1994, a private “civil” action
styled as a criminal action, was commenced as cause number 29826,
filed in the
KING COUNTY DISTRICT COURT, ISSAQUAH DIVISION, and entitled CITY
OF ISSAQUAH,
Plaintiff v. LEAMING, KENNETH WAYNE Defendant.
Based upon the above described action, Defendant(s) without a lawful
warrant, without any written complaint by a victim who believed
any crime had
been committed, seized Plaintiff, imprisoned Plaintiff, and caused
Plaintiff to
involuntarily participate in an “arraignment proceeding” based upon
a
“complaint” brought in the named of the enterprise “STATE OF WASHINGTON”
signed
by an “Officer Maule”, without a finding of the grand jury of the
King county
as required by the laws of the republic of The State of Washington,
based on a
certificate of probable cause of the prosecuting attorney, as a
necessary
witness while the prosecuting attorney was also acting as counsel
for the
enterprise STATE OF WASHINGTON contrary to the Rules of Professional
Conduct
3.7, causing false prosecution, imprisonment, wherein Defendant(s)
refused to
disclose the nature and cause of the action, or when the Defendants
claim of
jurisdiction was challenged, the Defendants refused to submit any
evidence to
the record of the court of cognizance, or venue jurisdiction, supporting
evidence that the court had the proper parties present to prosecute
the case,
that the court was provide subject matter upon which the court could
base jurisdiction
or that the court had lawfully acquired jurisdiction over the parties
by due
process of law.
Instead of disclosing
the nature and cause of the action the several members of the Washington
State
Bar Association who operated the ‘court’ caused repeated attacks
and
imprisonments of Relator while complaining that Relator’s efforts
to obtain due
process were “obstructing” the court’s ability to bring Relator
to trial
without disclosure of the nature and cause.
Washington State Bar Association “Judge” member Carol McRae recessed
the
court, approached Relator in the courtroom in her street clothes
(no judicial
robe) and threatened Relator with further retaliatory action if
Relator did not
‘co-operate’ in the Washington State Bar Association controlled
process.
37.
On or
about May 5th, 1999, another private “civil” action styled
as a
criminal action, was commenced and conducted by Washington State
Bar
Association members as cause number(s) CA12701FW and CA12702FW,
filed in the
KING COUNTY DISTRICT COURT, FEDERAL WAY DIVISION, and entitled STATE
OF
WASHINGTON, Plaintiff v. LEAMING, KENNETH WAYNE Defendant.
Based upon the above described action,
Defendant(s) without a warrant, without any complaint by a victim
upon which to
believe any crime had been committed, seized Relator, imprisoned
Relator, and
caused Relator to involuntarily participate in an “arraignment proceeding”
based upon an a “WASHINGTON UNIFORM COURT DOCKET” brought in the
name of the
enterprise “STATE OF WASHINGTON”, without a finding of the grand
jury of King
county as required by the laws of the republic of The State of Washington,
causing false prosecutions, imprisonments, wherein Defendant(s)
refused to
disclose the nature and cause of the action, and further when the
Defendants
claim of jurisdiction was challenged the Defendants refused to submit
any
evidence to the record of the court of cognizance, or venue jurisdiction,
supporting evidence that the court had the proper parties present
to prosecute
the case, that the court was provided subject matter upon which
to base the
courts jurisdiction or that the court had lawfully acquired jurisdiction
over
the parties by due process of law.
Instead of providing proof of jurisdiction, STATE OF WASHINGTON
retaliated
against Relator by declaring a ‘failure to appear’ when Relator
was present,
and cause the imprisonment of Relator in its stated intent to compel
Relator to
confess to the identity of its named defendant, and to involuntarily
represent
such named defendant in an action for which it refused to disclose
the nature
and cause.
38.
On or
about May 28th, 2000, STATE OF WASHINGTON armed forces,
Defendants
Sgt. Kerwin #142, Trooper Depretto #351, and Trooper Meenan #857
seized the
Relator, acting under State of Washington license and in concert
with the
Defendants named in this paragraph Defendant Emerald Towing seized
the
automobile Relator was traveling in and demanded payment for its
release,
Defendants took several pieces of private property belonging to
Relator and
other persons, transported Relator to a facility called PIERCE COUNTY
JAIL and
demand $10,000.00 for the release of Relator.
Four days later STATE OF WASHINGTON released Relator without
charges.
At no time did any officer or
agent of STATE OF WASHINGTON identify any lawful authority for the
seizures.
Relator initiated
administrative action to recover damages and to provide STATE OF
WASHINGTON
Notice of its officers and agents wrongful conduct.
39.
Several
days later, on or about June 5, 2000 having failed to produce any
evidence of
authority for the prior seizure of Relator, Defendants Trooper Depretto
#351,
Trooper Meenan #857, and Sgt. Kerwin #142, again attacked and imprisoned
Relator, Defendant ABT Towing seized the automobile Relator traveled
in, and
seizing private property belonging to Relator and other parties,
Defendant
Depretto indicating that STATE OF WASHINGTON officers do not have
to prove any
authority to restrain Relator’s liberty because “we have the guns
and the
courts” and indicating that unless and until Relator proved in a
court that
STATE OF WASHINGTON and Depretto did not have authority to attack
and restrain
Relator’s liberties, the Depretto would consider Relator to be guilty
of a
‘crime’ any time Relator traveled on Washington roadways and attack
and
imprison Relator and seize any automobile in which Relator traveled.
40.
On or
about June 6th a private “civil” action styled as a criminal action,
was
commenced as cause number(s) YO0370712, YOC002193, YOC002195, filed
in the
DISTRICT COURT NUMBER ONE, PIERCE COUNTY, and entitled STATE OF
WASHINGTON,
Plaintiff v. KENNETH WAYNE LEAMING, Defendant.
Based upon the above described action, Defendant(s) without a summons,
without any complaint by a victim upon which to believe any crime
had been
committed, served Relator a “WASHINGTON UNIFORM COURT DOCKET” and
“complaint”,
warning Relator of intent to issue warrant of arrest of the Relator
for failure
to comply with the ‘process’, and caused Relator to involuntarily
participate
in an “arraignment proceeding” based upon a “complaint” brought
in the name of
the enterprise “STATE OF WASHINGTON” signed in the name of Defendant
John
Ladenburg, without a finding of the grand jury of Pierce county
as required by
the laws of the republic of The State of Washington,
solely based on a certificate of probable cause written by a
deputy prosecuting attorney acting in the capacity of John Ladenburg,
as a
necessary witness while Defendant John Ladenburg was also acting
as counsel for
the enterprise STATE OF WASHINGTON, contrary to the Rules of Professional
Conduct 3.7. The actions of the Defendant(s)
is causing a false prosecution, threat of imprisonment, wherein
Defendant(s), upon demand for disclosure of the nature and cause
of the action,
and submission of an offer of proof that the “Plaintiff” in that
action is not
the Washington republic, refused to disclose the nature and cause
of the
Defendant(s) action, or when the Defendant(s)’ claim of jurisdiction
was
challenged the Defendants refused to submit any evidence to the
record of the
court of cognizance, or venue jurisdiction, evidence that the court
had the
proper parties present to prosecute the case, that the court was
provide
subject matter upon which to base the courts jurisdiction, or that
the court
lawfully acquired jurisdiction over the parties by due process of
law, causing
Relator to be falsely summoned, unlawfully prosecuted, and threatened
with
impending imprisonment, as a result of the above described bad conduct.
41.
On or
about October 19, 2000 having failed to produce any evidence of
authority for
the prior seizure of Relator, Defendants Trooper Depretto #351,
Trooper Meenan
#857, and Sgt. Kerwin #142, again attacked and imprisoned Relator,
Defendant
A-1 Towing seized the automobile Relator traveled in, and seizing
private
property belonging to Relator and other parties, Defendant Depretto
again
indicating that STATE OF WASHINGTON officers do not have to prove
any authority
to restrain Relator’s liberty and indicating that unless and until
Relator
proved in a court that STATE OF WASHINGTON did not have authority
to attack and
restrain Relator’s liberties, the Defendants would consider Relator
to be
guilty of a ‘crime’ any time Relator traveled on Washington roadways
and attack
and imprison Relator and seize any automobile in which Relator traveled.
42.
On or
about October 20, 2000 a private “civil” action styled as a criminal
action,
was commenced as cause number(s) YOC003263 and YOC003264, filed
in the DISTRICT
COURT NUMBER ONE, PIERCE COUNTY, and entitled STATE OF WASHINGTON,
Plaintiff v.
KENNETH WAYNE LEAMING, Defendant.
Based
upon the above described action, Defendant(s) without a summons,
without any
complaint by a victim upon which to believe any crime had been committed,
served Relator a “complaint”, warning Relator of intent to issue
warrant of
arrest of the Relator for failure to comply with the ‘process’,
and caused
Relator to involuntarily participate in an “arraignment proceeding”
based upon
a “complaint” brought in the name of the enterprise “STATE OF WASHINGTON”
signed in the name of Defendant John Ladenburg, without a finding
of the grand
jury of Pierce county as required by the laws of the republic of
The State of
Washington,
solely based on a
certificate of probable cause written by a deputy prosecuting attorney
acting
in the capacity of John Ladenburg, as a necessary witness while
Defendant John
Ladenburg was also acting as counsel for the enterprise STATE OF
WASHINGTON,
contrary to the Rules of Professional Conduct 3.7. The actions of
the
Defendant(s) is causing a false prosecution, threat of imprisonment,
wherein
Defendant(s), upon demand for disclosure of the nature and cause
of the action,
and reference to the prior offer of proof that the “Plaintiff” in
that action
is not the Washington republic, refused to disclose the nature and
cause of the
Defendant(s) action, or when the Defendant(s)’ claim of jurisdiction
was
challenged the Defendants refused to submit any evidence to the
record of the
court of cognizance, or venue jurisdiction, evidence that the court
had the
proper parties present to prosecute the case, that the court was
provide
subject matter upon which to base the courts jurisdiction, or that
the court
lawfully acquired jurisdiction over the parties by due process of
law, causing
Relator to be falsely summoned, unlawfully prosecuted, and threatened
with
impending imprisonment, as a result of the above described bad conduct.
43. The effect of the Washington State Bar Association’s activities in taking over the offices of the Territory of Washington dba: State of Washington, and having passed its enterprise off as if it were the Washington member of the national union has resulted in the corruption of the courts of the United States of America mistakenly relying on Washington State Bar Association’s private laws adopted under color of Territory of Washington dba: State of Washington session laws and “RCW” as if it were the law of the Washington republic, and causing the courts of the United States of America to deprive the inhabitants of Washington of due process of law under color of state law, and specifically denying the inhabitants and their entities access to the courts without first obtaining “counsel” from the organized racketeering enterprise Washington State Bar Association, and manipulating and controlling litigation by assuring that Washington State Bar Association represents both sides of nearly all litigation in the district court