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Drake D. Ward Space Reserved for File Stamp
Jennevie M. Sanchez
P.O. Box 2567
3476 Jeffery Way
Lake Isabella, CA 93240
Telephone: (760) 379-5226
In Propria Persona
This document #6683 is: http://www.lawyerdude.s5.com/6683.html
All pleading are linked to: http://www.lawyerdude.s5.com/drake.html
Edited by Lawyerdude@adelphia.net on rush basis. This document needs improvent.
In the U.S. District Court
for the Eastern District of California
Fresno Division
DRAKE D. WARD; for himself and as next friend to;
JENNEVIE M. SANCHEZ;
Plaintiffs,
v
1 Sheriff Mack Wimbish; individual and official capacity,
2 Head Public Defender Mark Arnold; individual and official capacity,
3 Elected District Attorney Edward R. Jagels; individual and official capacity,
4 Judge John Quinlen,
5 Judge Catherine Purcell,
6 Sheriff’s Deputy David Boyd,
7 Sheriff’s Deputy Sam Smith,
8 Sheriff’s Deputy John Nobles,
9 Sheriff’s Deputy James Newell,
10 Sheriff’s Deputy Pamela Belmore,
11 Sheriff’s Deputy J. Balasis,
12 Deputy District Attorney Perry S. Patterson,
13 Deputy Public Defender Patrick Glennon,
14 Court Clerk Sherrie Leonard,
15 Court Clerk Susan Yeargan,
16 California Highway Patrol Officer Brian Hefner,
17 Presiding Judge Kenneth C. Twisselmannn II,
18 Judge Frank A. Hoover, metropolitan division,
19 Kern County,
20 Attorney General Bill Lockyer; individual and official capacity; and Unnamed defendants 21-100, Defendants. Case # civ-F-04-6276 RE C DLB
Document #6683 Version 1.05
1st Amended Complaint for money damages, declaratory relief, and injunctive relief pursuant to 42 USC 1983, 1985, and 1986 et seq.
We demand a jury trial.
We demand a jury trial. First Amended Complaint
Table of Contents:
"I could blow you away right now and get away with it".
Spying, intimidating a witness, poking witness with a gun.
Friday December 3, 2004, I caught 2 spies in my yard hiding behind my trees.
Cause of action; Threatening/ intimidating/ tampering with a federal plaintiff/ witness
Cause of action: Now Balasis intimidates/ threaten/ tampers with a federal witness/ plaintiff
Balasis became angry and socked me in the abdomen
"You better think it over. We can make your life hell".
I could blow you away right now and get away with it.
Description of the roles of the parties to this case
Chronology of Operative Events
1st cause of action: Being out to get me.
2nd Cause of Action: Conspiracy to violate my Civil Rights. Section 1983. 1985, 1986
Events of Thursday September 18, 2003: I fight with Jennevie
Events of Friday Sept 19: Next Day: Seizure of photographs without warrant or probable cause.
Events of Monday 22 Sept 2003 - Denial of counsel and opportunity to demur.
Cause of Action and Overt Action #7
Jacked up my car. Newell Induced high pulse rate. Bogus arrest. Lost my stuff.
April 23, 2004: I was laid off. Could no get security clearance due to 2 misdemeanors.
Cause of Action and Overt Act #8
Lying cop Pamela and Newell search my trailer and order another cop to ticket me.
In only 3 years, Newell has had 23 citizen complaints of planting evidence and other misconduct
1. This Court has jurisdiction pursuant to
a. 42 U.S.C. §§ 1983, 1985, 1986 and 1988; and 28 U.S.C. 1331, 1343(1), (2), (3), and (4);
b. Bivens v Six Unknown Agents of the Federal Bureau of Narcotics (1971) www.lawyerdude.netfirms.com/bivens.html 29 L Ed 2nd d 403 US 388, 91 S Ct 1999 and
c. Pendant Jurisdiction pursuant to 28 U.S.C. § 1367(a).
2. Venue is proper in this Court under 28 U.S.C. § 1391(b) because I was handcuffed in this district on Friday December 3, 2004 when Kern County Sheriff’s Deputy James Newell stuck a gun in my ribs and said in my ear: "I could blow you away right now and get away with it".
3. All the operative events happened in this district.
Spying, intimidating a witness, poking witness with a gun.
Friday December 3, 2004, I caught 2 spies in my yard hiding behind my trees.
4. On Friday December 3, 2004 as I was departing my home in my car I spotted 2 spies hiding behind my trees in my yard.
5. I knew these 2 spies.
6. These two spies were Defendant Sheriff’s Deputy James Newell, and Defendant Sheriff’s Deputy J. Balasis.
7. I confronted these 2 spies.
8. Instead of apologizing they broke into my house.
9. Without a warrant or probable cause, these two spies forced their way into my house.
10. They violently shoved Jennevie to the floor and handcuffed her.
11. Then while she was handcuffed on the floor they pepper sprayed her in the face.
12. Jennevie suffers from epilepsy.
13. The pepper spray triggered an epileptic seizure.
14. Rather than attending to this seizure, these two disgraceful officer rifled through my possession.
15. Jennevie suffered for 30 minutes before these two spies called an ambulance.
16. During the time Jennevie was on the ground having a seizure, the two spies handcuffed me.
17. Defendant Sheriff’s Deputy James Newell asked Defendant Sheriff’s Deputy J. Balasis, which room I had come out of.
18. Balasis indicated that I had come out of my office.
19. Defendant Sheriff’s Deputy James Newell led me into me office and closed the door.
20. Thereafter, Defendant Sheriff’s Deputy James Newell ordered me to sit down.
Cause of action; Threatening/ intimidating/ tampering with a federal plaintiff/ witness
21. Defendant Sheriff’s Deputy James Newell threatened that if I did not agree to drop the instant action, he would make up charges against Jennevie and me.
22. I refused to agree to drop the instant action.
23. Immediately thereafter, Defendant Sheriff’s Deputy James Newell removed what appeared to be a glass-smoking pipe from his coat pocket.
Cause of action: Battery
24. Defendant Sheriff’s Deputy James Newell shoved his own crack pipe in my mouth and said:
"When was the last time you used methamphetamine?"
25. Defendant Sheriff’s Deputy James Newell put his crack pipe back into his pocket.
26. He pulled me to my feet, escorted me to the living room, then ordered me to sit down.
27. Defendant Sheriff’s Deputy James Newell went back into my office and closed the door
28. Thereafter, defendant Sheriff’s Deputy James Newell opened the door enough to stick his head out and say to defendant Sheriff’s Deputy J. Balasis "I found something".
29. After a staged search, wherein defendants pretended to find drugs and paraphernalia, defendants engaged in a whispering discussion.
30. Thereafter, defendant Sheriff’s Deputy J. Balasis escorted me to a back bedroom and asked if he and Jennevie were married.
31. I informed him that Jennevie and have been together 10 years, but not legally married.
Cause of action: Now Balasis intimidates/ threaten/ tampers with a federal witness/ plaintiff
32. Balasis stated:
"You don't want your girlfriend to go to jail do you? A lot of professional reputations are on the line, we can avoid all this"
33. When I refused to drop the instant action defendant Sheriff’s Deputy J. Balasis became angry and socked me in the abdomen
34. As he socked me, Balasis said:
"You better think it over. We can make your life hell".
35. I caught my breath
36. Balasis took me back into to my own living room.
37. Without warrant, legal, or probable cause, defendants Defendant Sheriff’s Deputy James Newell and Defendant Sheriff’s Deputy J. Balasis arrested Jennevie and me and accused us pf violation of:
a. H & S C § 11377 (a) possession of a controlled substance, H & S C § 11550 (a) being under the influence of a controlled substance, and
b. H & S C § 11364 possession of paraphernalia.
38. We never did consent to this search/ raid.
39. We protested until these bad cops threatened us or used force.
40. These two cops planted the evidence in retaliation for my having filed the complaint in this very case.
41. I was in the process of writing this 1st amendment complaint when these two defendants broke into my house.
42. I an Jennevie were not intoxicated or under the influence of any drugs.
43. They put us in the back of the patrol car.
44. The two cops then searched my house some more.
45. They whacked my computer with some hard thing - maybe a baton or flashlight.
46. They kicked my laser printer. (But the pen is mightier than the sword.)
47. They dumped out the contents of drawers.
48. They scattered my legal papers.
49. They pulled clothes off hangers and on to the floor.
50. They pulled pictures off the wall.
51. They messed up the entire house.
52. At midnight they took us to the Sheriff's sub-station.
53. Defendant Sheriff’s Deputy J. Balasis read me my Miranda rights.
54. I said: "I want to speak to an attorney".
55. Defendant Sheriff’s Deputy J. Balasis then began unlawfully interrogating me in regards to various crimes and personal information of the parties in me class action suit - this very case that you are reading now.
56. Balasis interrogated me for information for a drug influence worksheet.
57. I informed defendant Sheriff’s Deputy J. Balasis that pursuant to me right to remain silent, I was not answering any questions.
58. Defendant Sheriff’s Deputy J. Balasis then stated "you don't have a constitutional right to refuse". Thereafter, defendant Sheriff’s Deputy J. Balasis read to me from a Sheriff form DRUG INFLUENCE WORKSHEET Sheriff 580 2210 784 BACK, cited in paragraph ____.
59. I asked defendant Sheriff’s Deputy J. Balasis if that was California law.
60. Defendant Sheriff’s Deputy J. Balasis stated "Yes"
61. The form and police used by these 2 bad cops is unconstitutional
62. It is unconstitutional law, policy, or custom, promulgated and administered by defendants Attorney General Bill Lockyer.
63. It is also promulgated by Defendant Sheriff Mack Wimbish.
64. These two bad cops to me that I had no constitutional right to refuse to provide a drug test.
65. Attorney Douglas Palaschak tells me that throughout the years bad cops have been lying to drug suspects just like they lied to me.
66. These two bad cops to me that I have no right to an attorney.
67. The bottom of this form required the officer to pick one:
a. Suspect is under the influence.
b. Suspect has recently used stimulants.
68. There was no option c: Not under the influence.
69. At said time and place, defendants Defendant Sheriff’s Deputy J. Balasis and Defendant Sheriff’s Deputy James Newell alleged that if I did not provide a urine sample then they would take us to the hospital and draw blood.
70. I told then that they were wrong.
71. Thereafter they drove us through the Kern River canyon at speeds approaching 90-Miles Per Hour.
72. Attorney Douglas Palaschak said that bad cops often do the fast driving thing.
73. At the mouth of the canyon Defendant Sheriff’s Deputy James Newell and Defendant Sheriff’s Deputy J. Balasis pulled their patrol vehicles over.
74. They pulled me from the patrol car.
75. They put shackles on my legs.
I could blow you away right now and get away with it.
76. As I faced the patrol vehicle I felt Deputy Newell stick his gun into up against my ribs. Then Newell talked right into my ear. Defendant Sheriff’s Deputy James Newell threatened me with the following words: "I could blow you away right now and get away with it".
Now we flashback to how this started.
77. This incident arose from police having on 3 occasions falsely accused us of with various crimes.
78. Plaintiff Jennevie suffers a disability.
79. We allege that the defendants deprived us of liberty and property without due process.
80. Defendant bad cops are conducing an ongoing conspiracy to intimidate me (Drake) in retaliation for my having testified on behalf of my neighbor against lying perjuring bad Defendant Sheriff’s Deputy John Nobles Defendant Sheriff’s Deputy Pamela Belmore. My testimony in a criminal hearing resulted in dismissal of the case against Dorothy Barnes my neighbor across the street.
81. My neighbor Dorothy Barnes across the street filed a civil rights complaint against these 2 bad cops.
82. These two cops conspired to deter me from freely testifying against said officers in federal court.
83. The actions of the two bad cops constitute interference with a federal witness.
84. We further that Kern County and its supervisors described herein, are liable for:
a. Failure to train and supervise;
b. a pattern or practice of unconstitutional false arrests, false reports, and illegal searches and seizures by Kern County Sheriff's Department (KCSD) officers;
c. a pattern or practice of unconstitutional malicious prosecutions by Kern County District Attorney (KCDA) public prosecutors; and
d. a pattern or practice of unconstitutional inadequate representations by Kern County Public Defender (KCPD) defense attorneys.
85. These actions were all under false color of state law in violation of the First, Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments to the United States Constitution.
86. We seek an order of this court enjoining Kern County from engaging in certain specified unconstitutional conduct and a declaration by the court that such conduct is unconstitutional, all pursuant to 28 U.S.C. § 1343(4).
Description of the roles of the parties to this case
87. I, Plaintiff Drake Ward, was at all times herein relevant a resident of Kern County, California.
88. Plaintiff Jennevie M. Sanchez was at all times herein an adult resident of Kern County, California.
89. She is my common law wife of 10 years.
90. Jennevie suffers from epilepsy and severe diminished mental capacity, as such is reliant on me for her well-being.
91. Defendant Sheriff Mack Wimbish is and was the elected Sheriff of Kern County.
92. In that capacity he is responsible for the operations of the Kern County Sheriff's Department in the training, administering, supervising, and controlling of all its officers and employees.
93. All acts complained of were in the furtherance of the conspiracy alleged.
94. I sue him in both his individual and official capacity.
95. Defendant Head Public Defender Mark Arnold is and was at all pertinent time responsible for the operations of the Kern County Public Defenders Office in its training, administering, supervising, and controlling of all its attorneys and employees.
96. I sue him in both his individual and official capacity.
97. Defendant Elected District Attorney Edward R. Jagels was at all pertinent times herein the elected District Attorney for Kern County.
98. He was responsible for the operations of the Kern County District Attorney's Office in the training, administering, supervising, and controlling of all its prosecutors and employees.
99. All acts complained of were in the furtherance of a conspiracy herein alleged.
100. I sue him in both his individual and official capacity.
101. At all times relevant herein Defendant Judge John Quinlen was either a prosecutor or a judge of the Superior Court in Kern Count.
102. He was responsible for protecting my constitutional rights.
103. He breached his duty to be impartial.
104. All his acts complained of were in the furtherance of the conspiracy alleged.
105. At all relevant times herein Judge Catherine Purcell was a judge of the Superior Court in Kern County.
106. She was responsible for protecting my constitutional rights.
107. She breached his duty to be impartial.
108. All her acts complained of were in the furtherance of the conspiracy alleged
109. At all times relevant hereto, Defendants
110. Defendant Sheriff’s Deputy David Boyd was at all pertinent times a deputy of the Kern County Sheriff's Department.
111. He was the agent, servant, and employee of Kern Count.
112. All acts complained of were in furtherance of the conspiracy alleged.
113. Defendant Sheriff’s Deputy Sam Smith was at all pertinent times a deputy of the Kern County Sheriff's Department.
114. He was the agent, servant, and employee of Kern Count.
115. All acts complained of were in furtherance of the conspiracy alleged.
116. Sheriff’s Deputy John Nobles was at all pertinent times a deputy of the Kern County Sheriff's Department.
117. He was the agent, servant, and employee of Kern Count.
118. All acts complained of were in furtherance of the conspiracy alleged.
119. Defendant Sheriff’s Deputy James Newell was at all pertinent times a deputy of the Kern County Sheriff's Department.
120. He was the agent, servant, and employee of Kern Count.
121. All acts complained of were in furtherance of the conspiracy alleged.
122. Sheriff’s Deputy Pamela Belmore was at all pertinent times a deputy of the Kern County Sheriff's Department.
123. Se was the agent, servant, and employee of Kern Count.
124. All acts complained of were in furtherance of the conspiracy alleged.
125. Sheriff’s Deputy J. Balasis was at all pertinent times a deputy of the Kern County Sheriff's Department.
126. He was the agent, servant, and employee of Kern Count.
127. All acts complained of were in furtherance of the conspiracy alleged.
128. Defendant Deputy District Attorney Perry Patterson was at all pertinent time herein a deputy of the Kern County District Attorney's Office.
129. H was responsible for prosecuting citizens for public offenses.
130. All acts complained of were in the furtherance of the conspiracy alleged.
131. Defendant Deputy Public Defender Patrick Glennon was at all pertinent times a deputy of the Kern County public defender.
132. He was responsible for defending accused misdemeanor defendants.
133. All acts complained of were in the furtherance of the conspiracy alleged.
134. At all times relevant hereto, Defendant Court Clerk Sherrie Leonard was a court clerk in the Kern county court.
135. She was the agent, servant, and employee of Kern County.
136. All acts complained of were in the furtherance of the conspiracy alleged.
137. At all times relevant hereto, Defendant Court Clerk Susan Yeargan was a clerk of the Kern County Court.
138. She was an agent, servant, and employee of Kern County,
139. All acts complained of were in the furtherance of the conspiracy alleged.
140. Defendant California Highway Patrol Officer Brian Hefner was at all pertinent time an officer of the California Highway Patrol.
141. He is an employee of the State of California.
142. All acts complained of were in furtherance of the conspiracy alleged.
143. Defendant Kern County is a duly designated county of the state of California, under the laws of the State of California.
144. Defendant Attorney General Bill Lockyer was at all pertinent times the Attorney General for the State of California.
145. He is responsible for the direct supervision over the Kern County District Attorney and the Kern County Sheriff in all matters pertaining to the duties of their respective offices.
146. Defendant Presiding Judge Kenneth C. Twisselmannn II was at all pertinent times herein the acting Assistant Presiding Judge of Kern County
147. He was the agent, servant, and employee of the Kern Count.
148. All acts complained of were in the furtherance of the conspiracy alleged.
149. Defendant, Judge Frank A. Hoover, metropolitan division was at all pertinent times the acting Judge of the Superior Court, Metropolitan Division for Kern Count.
150. He was the agent, servant, and employee of the Kern Count.
151. All acts complained of were in the furtherance of the conspiracy alleged.
152. The true names and capacities of the unnamed defendants are presently unknown to the Plaintiffs.
153. We will diligently attempt to ascertain their names and then seek leave to amend.
154. Defendants acted as an agent for each and all other Defendants.
155. The injuries inflicted upon Plaintiffs occurred because of the actions and omissions of each and all of the Defendants.
Chronology of Operative Events
156. I, Drake, first met defendant Judge John Quinlen around December of 1989.
157. Quinlen was a then a Deputy District Attorney prosecutor for Kern County.
158. Prosecutor Quinlen initiated an unlawful criminal prosecution against me for perjury, having a fake driver license.
159. I could have faced up to 4 years in prison had I not won my case.
160. He caused me to be arrested and held for 30 days.
161. I posted $5000.00 bail and was released.
162. I won the case 4 months later.
163. It was dismissed as violative of the double jeopardy clause.
164. Jennevie ’s first contact with defendant Sheriff’s Deputy Sam Smith was in or about February 1995.
165. I had then submitted a claim on behalf of Jennevie for damages against Sheriff’s Deputy Sam Smith arising from Jennevie ‘s allegation of having been arrested without probable cause.
166. The county neither denied nor rejected the claim.
167. On or about May 26, 1995, I submitted a claim for damages against defendant Sheriff’s Deputy Sam Smith and other KCSD officers.
168. My claim was that they had searched and seized my van without probable cause.
169. The county neither denied nor rejected my claim.
170. On June 27, 2003, in the middle of the night Defendant Sheriff’s Deputy John Nobles and Defendant Sheriff’s Deputy Pamela Belmore, broke into the residence of Dorothy Barnes located at 3477 Jeffery Way, across the street from my home, in Lake Isabella, California
171. They arrested her.
172. Around July of 2003, Ms. Barnes pre-trial hearing was held in the Kern County Superior Court,
173. I testified at this prelim.
174. I proved by my testimony that Defendant Sheriff’s Deputy John Nobles Defendant Sheriff’s Deputy Pamela Belmore were liars and perjurers.
175. Based on my testimony the judge ruled in favor of my neighbor Dorothy Barnes my neighbor across the street.
176. Case dismissed.
177. Upon information and belief, the following defendants were at the prelim to watch me prove that their fellow deputies are perjurers:
a. Defendant Judge John Quinlen
b. Defendant Sheriff’s Deputy David Boyd,
c. Sheriff’s Deputy Sam Smith,
d. Defendant Sheriff’s Deputy John Nobles,
e. Defendant Sheriff’s Deputy Pamela,
f. Deputy District Attorney Perry Patterson,
g. Court Clerk Susan Yeargan, and
h. Deputy Public Defender Patrick Glennon .
178. Upon information and belief, Dorothy Barnes my neighbor across the street filed a claim for damages against defendant officers Defendant Sheriff’s Deputy John Nobles and Defendant Sheriff’s Deputy Pamela .
179. The County did not act upon the claim. Subsequently, Ms. Barnes filed a civil action in federal court against defendants for violation of her civil rights.
180. My testimony against these two lying deputies triggered animosity against me.
181. I became an enemy of the state.
182. The defendants herein are out to get me.
1st cause of action: Being out to get me.
183. Being out to get me is actionable.
184. Authority: U.S. 7th Circuit Court of Appeals: Grace Olech v Village of Willowbrook, et. al. (1998 7th circuit) 160 F.3d 386 (7th Cir.1998) at: http://www.lawyerdude.8m.com/5126.html
185. At all times relevant hereto and in all of their acts and omissions described herein, defendants in the following list acted under false color of law and were/ are out to get me:
a. Defendant Sheriff Mack Wimbish,
b. Defendant Elected District Attorney Edward R. Jagels,
c. Defendant Head Public Defender Mark Arnold,
d. Defendant judge John Quinlen,
e. Defendant Sheriff’s Deputy David Boyd,
f. Defendant Sheriff’s Deputy Sam Smith,
g. Defendant Sheriff’s Deputy John Nobles - perjurer who was not punished,
h. Defendant Sheriff’s Deputy James Newell who poked the gun in my ribs and said that he could kill me right there and get away with it,
i. Defendant Sheriff’s Deputy Pamela Belmore - the perjurer who was not punished,
j. Defendant Sheriff’s Deputy J. Balasis,
k. Defendant Deputy District Attorney Perry Patterson,
l. Defendant Court Clerk Susan Yeargan,
m. Defendant Court Clerk Sherrie Leonard,
n. Defendant CHP Trooper Brian Hefner,
o. Defendant Presiding Judge Kenneth C. Twisselmann II,
p. Defendant Judge Frank A. Hoover, and John Does One through Ninety Nine, acted under color of law and pursuant to their authority as law enforcement personnel and/or officers of the court.
2nd Cause of Action: Conspiracy to violate my Civil Rights. Section 1983. 1985, 1986
186. I re-allege all allegations in the previous cause of action and every other cause of action.
187. Deputy Public Defender Patrick Glennon conspired the defendant law enforcement officers and defendant court officials.
188. He thereby acted under color of law.