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  • Unlawful Arrest Federal Complaint

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    Luis A del Mazo
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    Finally finished my complaint! After many revisions and careful thought it was completed. Is it perfect? Probably not. But its heartfelt. Its the culmination of the frustration of Humanity against the establishment. We are tiered of being threatened, intimidated, and bullied by individuals who are employees of the state which is funded by the citizens. We pay for the roads and the jobs. Public Servants work for us, the citizens. We have many rights that they think they can turn into a privilege, then use violence to enforce a corporate policy. If everyone one of us held them accountable public servants would tread more cautiously and uphold the oath the public servants took to protect the rights of the citizens. This is my contribution to humanity. If anyone can take anything away from this and learn the fundamental right to defend, self govern, travel, trade, then it was worth everything happening. Its not about money. What motivate me is the philosophy that we live in a great country. Equal protection and due process of law along with the constitution and bill of rights is what makes this country so great! A warrior of the light defending citizen rights and creating the balance between the citizens and the state.

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    Finally finished my complaint! After many revisions and careful thought it was completed. Is it perfect? Probably not. But its heartfelt. Its the culmination of the frustration of Humanity against the establishment. We are tiered of being threatened, intimidated, and bullied by individuals who are employees of the state which is funded by the citizens. We pay for the roads and the jobs. Public Servants work for us, the citizens. We have many rights that they think they can turn into a privilege, then use violence to enforce a corporate policy. If everyone one of us held them accountable public servants would tread more cautiously and uphold the oath the public servants took to protect the rights of the citizens. This is my contribution to humanity. If anyone can take anything away from this and learn the fundamental right to defend, self govern, travel, trade, then it was worth everything happening. Its not about money. What motivate me is the philosophy that we live in a great country. Equal protection and due process of law along with the constitution and bill of rights is what makes this country so great! A warrior of the light defending citizen rights and creating the balance between the citizens and the state.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    Download as pdf
    415 views50 pages

    Unlawful Arrest Federal Complaint

    Uploaded by

    Luis A del Mazo
    Finally finished my complaint! After many revisions and careful thought it was completed. Is it perfect? Probably not. But its heartfelt. Its the culmination of the frustration of Humanity against the establishment. We are tiered of being threatened, intimidated, and bullied by individuals who are employees of the state which is funded by the citizens. We pay for the roads and the jobs. Public Servants work for us, the citizens. We have many rights that they think they can turn into a privilege, then use violence to enforce a corporate policy. If everyone one of us held them accountable public servants would tread more cautiously and uphold the oath the public servants took to protect the rights of the citizens. This is my contribution to humanity. If anyone can take anything away from this and learn the fundamental right to defend, self govern, travel, trade, then it was worth everything happening. Its not about money. What motivate me is the philosophy that we live in a great country. Equal protection and due process of law along with the constitution and bill of rights is what makes this country so great! A warrior of the light defending citizen rights and creating the balance between the citizens and the state.

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    © All Rights Reserved
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    AO 440 (Rev. 06/2) Semmons in + iit Action UNITED STATES DISTRICT COURT for the Luis A. del Mazo, Jr, pro se, ) ) d Eee He Hei eee) Pei ) i } Civil Action No 8°16 O21% Mount Juliet Police Department, Wilson County ) - Shots Offceathew Mang krssElotiDetibe Moss, ) John Wootten, ) aed tte d SUMMONS IN A CIVIL ACTION To: (Defendant's name and address) Kriss Eliott oe ” 1019 Chale Daniels Phy Mt Juliet, TN 37122 Phone:(615) 754-2550 A lawsuit has been filed against you, prin 31 ays after service of this summons on you (not counting the day you received it) — or 60 days if you Pad ented States or a United States agency, or an officer or employee ofthe United States described in he Giv. intiff an answer to the attached complaint or a motion under Rule 12 of wer or motion must be served on the plaintiff or plaintiffs attomey, Jf you fal to respond, judgment by default will be entered against you for the relief demanded in the complaint. ‘You also must file your answer or motion with the court ETH THROCKMORTON (CLERK OF COURT FEB 1 2016 a i Date: _ He ‘Signature of Clerk or Deputy Clerk AO 440 Rev. 06/12) Summons ins Civil Action UNITED STATES DISTRICT COURT forthe Luis A. de! Mazo, Jr, pro se, ) d ) seseaeaeataaeastae ) Plaintiffs) ae 3} v. } Civil Action No. 3 16 o2ig Mount Juliet Police Depariment, Wilson County ) 7 Sheriffs Office, Mathew Mang,kriss i ) John Wootten, 5 Tom P. Thompson ; a Defendanis) Saree) SUMMONS IN A CIVIL ACTION 3 Ys Tom P. Thompson To: @efondants name and adresy fees "149 South College Street Lebanon, TN 37087 (615) 443-2863 A lawsuit bas been filed against you. oF this summons on you (not counting the day you received it) — or 60 days ifyou Within 21 days after service of the United States described in Fed. R. Civ. is the United States or a United States agency, or an officer or employee P. 12 (a)(2) oF (3) — If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. REMA TRROCKMORT: CLERK OF COURT FEB12 2016 ‘Signature of Clerk or Deputy Clerk Date: AO 440 (Rev. 06/12) Sumsaoas in a Civil Action UNITED STATES DISTRICT COURT for the Luis A. del Mazo, Jr., pro se, ) ) ) ) Plaintiffs) ; v. ) CwilAdionN. gmt g Q21B Mount Juliet Police Department, Wilson County 5 - > Sherifs Office Mathew Mang,Kriss Eliott Debbie Moss, John Wootten, 5 Tom P. Thompson ) ) © Defendants) SUMMONS IN A CIVIL ACTION John Wootten 00 Red Boiling Springs Road P.O. Box 112 Lafayette, TN 37083, To: (Defendant's name. and adress) A lawsuit has been filed against you. Within 21 days after service ofthis summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Gov P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney, whose name and address a1 {you fail to respond, judgment by default will be entered against you forthe relief demanded in the complaint. You also must file your answer or motion with the court. THROCKMORTON CLERK OF COURT pa: __-FEB12 2018 ‘Signature of Clerk or Deputy Clerk AO 440 (Rev. 06/12) Summons ina Civil Action UNITED STATES DISTRICT COURT forthe Luis A. del Mazo, Jr., pro se, ) 7 ) i if d Pais ? a Civil Action No. ) ~ : Mount Juliet Police Department, Wilson County ) 3™16 02:8 Sheriffs Office, Mathew Mang,Kriss Eliott, Debbie Moss, ) ad John Wootten, } Tom P. Thompson } — Defendant) ee SUMMONS IN A CIVIL ACTION Mt. Juliet Police Department (Defendant's name and addres) tee ” 1019 Charlie Daniels Prwy Mt Juliet, TN 37122 Phone:(615) 754-2550 A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. ‘The answer or motion must be served on the plaintiff or plaintiff's attorney, whose name and address are: Ifyou fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court (CLERK OF COURT FEB 12 2016 ce Date: 2 ‘Signature of Clerk or Deputy Clerk ‘5040 (Rev. 0612) Semamoas ina Civil Acton UNITED STATES DISTRICT COURT Sette Luis A. del Mazo, Jr., pro se, ) ) ) i: a ) ae $$} ‘ Civil Action No. ‘ ) OMIACONS. 9.94 6.9218 Mount Julet Police Deparment, Wilson County A Pear Sheriffs Office, Mathew Mang,Kriss Eliott, Debbie Moss, } John Wootten } Tom P. Thompson: ) Caaacean era peel amt SUMMONS IN A CIVIL ACTION : Defendant's name and address) Debbie Moss. 10: ae 208 E Main St #101 Lebanon, TN 37087 A lawsuit has been filed against you, Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Gv. P. 12 (@)@2) or (3) — you must serve on the plaintiff an answer to the attached complaint ora motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintif?'s attorney, whose name and address are: igainst you for the relief demanded in the complaint iGCHMORTON: If you fail to respond, judgment by default will be entered aj You also must file your answer or motion with the court. : CLERK OF COURT FEB 1 2 2016 Date: eee ‘Signature of Clerk or Deputy Clerk: AO 40 (Rev. 06/12) Summons ina Civit Action UNITED STATES DISTRICT COURT forthe Luis A. del Mazo, Jr, pro se, ) ) ) ) ay ) v. ; Civil ActionNo. 8 «16 0218 Mount Juliet Police Department, Wilson County ) s Sherie Office Mathew Meng.riss Elot,Debbie Moss, } John Wootten, : Tom P. Thompson } Defendanils) ) SUMMONS IN A CIVIL ACTION To: (Defendant's name and address) Wilson Corby Srenle’s Veoh \OS East Bah Sh Letanon, TA 32089 A Inwsuit has been filed against you. Within 21 days after service ofthis summons on you (not counting the day you received it) — or 60 days ifyou or an officer or employee of the United States described in Fed. R. Civ. ‘whose name and address are: 1 you fail to respond, judgment by default will be entered against you for the elief demended in the complaint. You also must file your answer or motion with the court, cme nennpeny CLERK OF COURT FEB 122016 Date: ete eee eee ‘Signature of Clerk or Deputy Clerk FILED UNITED STATES DISTRICT COURM FEB 12 PK 1:50 MIDDLE DISTRICT OF TENNESSEE} 5, 0/57/07 couRT HICOLE DISTRICT OF TN Luis A. del Mazo, Jr., prose, ) ) Plaintiff ) v. ) ) Case No, MOUNT JULIET POLICE, ) DEPARTMENT, ) WILSON COUNTY SHERIFF'S ) ) d ) ) KRIS ELLIOTT, DEBBIE MOSS, JOHN WOOTTEN, TOM P. THOMPSON, JR. Defendants ——___________Defendants_ COMPLAINT FOR 42 U.S.C. § 1983-Civil Action for Deprivation of rights, 42 U.S. Code § 1985 -Conspi cy to interfere with eivil rights, 18 U.S. Code § 2076 - Clerk To filing, 18 U.S.C. § 242-Deprivation of Fights under the color of law, 42 U.S. Code § 1986 - Action for neglect to prevent, 18 U.S. Code § 241 - Conspiracy against rights Comes now Plaintiff, Luis A. del Mazo, pro se, before this court secking a remedy for damages as Provided by law. Plaintiffs a resident and citizen of the Republic of Tennessee and a competent ‘man of sound mind, Plaintiff hereby acknowledges the following statements made to be true and correct. I. PARTIES 1. PLAINTIFF, Luis A. del Mazo, Jt, residing and a citizen of the Republic of Tennessee and at all times relevant hereto. 2. DEFENDANTS, Matthew Mang and Kris Elliott are authorized representatives and Employed by the Mount Juliet Police Department and the City of Mount Juliet and are sued for damages in their individual capacity and for declaratory and injunctive relief in their official capacity. At all times relevant herein. 3. DEFENDANT, Wilson County Sheriffs Department operates judicial process including ‘son County courthouses; creates and implements judicial policies, judicial services at Wi tered by judicial officers, administrators, and staff; to the customs, and practices admit citizens of Wilson County. 4. DEFENDANT, Debbie Moss isthe elected Circuit Court Clerk for Wilson County and is sued for damages in her individual capacity and for declaratory and injunctive relief in her official capacity. At all times relevant herein. 5. DEFENDANT, Judge John Wootten is an elected judicial official whose primary duty is to bea neutral third party and make sure all the parties and witnesses follow proper courtroom his individual capacity and and administrative rules of procedure and is sued for damages for declaratory and injunctive relief in his official capacity. At all times relevant herein. 6. DEFENDANT, Tom P. Thomas is the district attorney and the duty of the district attorney is to ensure that offenses committed against the public are rectified pursuant to the Commencement of eriminal prosecutions and is sued for damages in his individval capacity and for declaratory and injunctive relief in his official capacity. At all times relevant herein, JURISDICTION 7. Plaintiff brings this suit pursuant to 28 U.S.C. § 1343(3) (1948), 8. Title 42 U.S. Code § 1983 for violations of certain protections guaranteed to him by the First, Fifth, Eighth, Ninth and Fourteenth Amendments of the Federal Constitution. 9. 28 U.S. Code § 1441 (a)(c) JowpeR oF Febera Law Ciaims anp State Law Clams 10. The declaratory and injunctive relief sought is authorized by 28 U.S.C. Sections 2201 and 2202, 42 U.S.C. Section 1983 and Rule 57 of the Federal Rules of Civil Procedure. 2 11. Title 28 U.S.C. § 1332(a) that the court may hear such suits only where “the matter in controversy exceeds the sum or value of $75,000 or more. GENERAL BACKGROUND FACTS 12. On Sunday, March 15, 2014 plaintiff was pulled over for an alleged muffler law violation 13. Plaintiff was asked to identify himself and Told Defendant Kriss Elliot his name was Luis del Mazo. 14. Plaintiff was handcuffed and placed under arrest. fs wallet to verify with credit cards 15, Plaintiff Told Defendant Kriss Eliott to look in Plaint and other identifying information. 16, Plaintiff's name was on License plate. 17. Plaintiffs Picture and Identification was in System and could be seen on dashboard computer. 18. Plaintiff was incarcerated without arrest warrant. 19. Arrest warrant was issued (Exhibit A), 20. Bond was set for 3,500.00. 21. Court date was set in Wilson County General Sessions Court for May 18, 2015, 22. On March 25, 2015 Plaintiff filed Affidavit of Specific Negative Averment, Counterclaim and motion to dismiss in the Wilson county General sessions Court (Exhibit B) 23. Plaintiffs motion to dismiss was based on the affirmative defense of Improper service and failure to state a Claim for which relief could be granted, 24. Plaintiffs counterclaim in the General Sessions court was for 10,000.00 in damages as a ct and proximate result of the false arrest and unlawful imprisonment . 25. On April 16, 2015 Plaintiff filed with the court clerk a Notice of Default and 3 days to Cure (Exhibit C). 26. On April 23, 2015 Plaintiff filed with court clerk a Notice of Final Default (Exhibit D). 27. On April 23, 2015 Writ of Praecipe to Court Clerk Debbie Moss to enter the default into record (Exhibit E). 28. On April 23, 2015, Judicial Notice of Statutory Default and acceptance of oath of office was filed (Exhibit F). 29. On May 13, 2015 a Writ of Mandamus was filed with court clerk moving the Clerk to record the order granting plaintif'a default on Monetary damages and dismissing alleged complaint brought by defendants (Exhibit G). 30. On May 14, 2015 the complaint and counterclaim were brought and heard before Judge J Barry in the Wilson County General Sessions Court 31. Plaintiff, without entering an oral plea was Coerced to sign warrant under threat of being sent to Jail if he did not sign. 32. Case was set for a criminal indictment hearing scheduled for August 10, 2015, 33, Plaintiff appeared before Judge John Wootten on August 10, 2015. 34. No evidence was presented. 35. Plaintiff asked Defendant John Wooten who and where the Victim was. 36, Defendant Judge John Wootten pointed to a district attorney and told plaintiff attomey was the victim, 37, Plaintiff Replied the district attomey was not the victim, but was in fact the prosecuting attorney for Wilson County and State of Tennessee. 38. Plaintiff again asked Defendant Wootten who and where the the Victim was. 39. Defendant Judge John Wootten pointed and said that Defendant Kris Eliot was the victim of the alleged violation, 40. Plaintiff stated Kris Eliott was a witness who made the alleged complaint and not in fact the Victim, 41. Despite establishing jurisdiction plaintiff was threatened and coerced to retum on October 5, 2015. 42. On October 5, 2015 Plaintiff asked Defendant John Wootten where a sworn and signed affidavit by claimant or injured party was. 43. Defendant John Wootten proclaimed that he did not need a Sworn affidavit by an injured party and that the unverified alleged complaint was all he needed to establish jurisdiction, 44, Defendant John Wootten said if Plaintiff uttered another word Plaintiff would be held in contempt and incarcerated. 45. Defendant Wootten denied Plaintiff his Sixth Amendment right to the US constitution. 46, Defendant John Wootten Breached his fiduciary duty to protect the Rights of Plaintiff and ct and proximate result Plaintiff has been Harmed, 47. Atno time did defendant Attomey General, Tom P. Thompson present evidence. CLAIMS Count 1 42 U.S.C. § 1983-Civil Action for Deprivation of rights (Against all Defendants) 48. To prevail in a claim under section 1983, the plaintiff must prove two critical points: 8) A person subjected the plaintiff to conduct that occurred under color of state law, and b.) This conduct deprived the plaintiff of rights, privileges, or immunities guaranteed under federal law, State and U.S.Constitution. 49. For each Count, Plaintiff realleges and incorporates all prior paragraphs as if set forth in full. 50. On Sunday, March 15, 2014 Officers and Defendants Mang and Kris Elliott from the Mount Juliet police department stopped Plaintiff Luis A. del Mazo and arrested Plaintiff for no reason. There was no warrant out for Plaintiff's arest, no disturbance of the peace, or victim present. Furthermore, no evidence the likelihood of the offence would have continued. Plaintiff's witness drove off in the vehicle with altered tags, no proof of insurance and muffler violation. Evidence of the non arrestable offenses. $1. Plaintiff Notified Defendants Matthew Mang and Kriss Eliot of Tenn. Code Ann. § 40-7-103(a)(1) and their duty to uphold the law. 52. Defendant Kriss Eliot told Plaintiff he could let him go. $3. Defendants being familiar with Tenn, Code Ann. § 40-7-103(a)(1), intentionally and ‘maliciously violated Plaintiff, Harming, harassing, assaulting, kidnapping, Trespassing, denying Plaintiff equal and due process under the law. $4. Defendants have used, attempted, and threatened use of force CULPABLY and UNREASONABLY (to be defined as “without due care, in breach of duty without provocation, justification, defense, privilege or immunity, and in an unjustified and excessive manner”); Seized, detained, restrained, arrested, imprisoned, assaulted, searched, injured, cruelly and unusually punished, harassed, and intimidated Plaintiff, resulting in violation of his rights. 55. As an actual and proximate result, PLAINTIFF has been HARMED. Count 2 18 U.S. Code § 241 - Conspiracy against rights (Against all Defendants) 56. To Prevail in a 18 U.S. Code § 241 claim plaintiff must prove four elements to state a prima facie cause of action for common law conspirac: 1) A combination of two or more persons; 2) To accomplish, by some concerted action; 3) Some criminal or unlawful purpose or some lawful purpose by a criminal or unlawful means; and 4) Resultant damage caused by the defendant's acts committed in furtherance of the conspiracy, 57. Said PROFESSIONAL DUTIES include: All Defendants: A) Duty of ordinary reasonable care: B) The duty to act REASONABLY, and to avoid acting UNREASONABLY and CULPABLY. $8. Exercise color of law powers only in the presence of jurisdiction: those provided under enabling legislation, rules, charters, or constitutions: protect uphold, and defend the laws and the Constitution of the United States: act only in the public interest; provides only honest government services; avoid all conflict, undue influence, bribery, self-dealing, bias, nepotism: commit no deprivations of clearly established civil rights; create or inflict no HARM unless specifically authorized after due process of law 59. Contractual: Specific duties under law (Tenn, Code Ann. § 40-7-103(a)(1)), and duty of 00d faith and fair dealing; customs, behaviors or 60. Municipal (Wilson County): Enact no policies, rules, laws, 61. Pursuant to T.C.A. § 3-6-106, the Tennessee Ethics Commission, Guiding principles of ethical conduct for Public Officials , Anicle IH, Section 1, and 1(), and 2 (a) “a public employee is liable for injury caused by his act or omission to the same extent as a private person.” This special “ordinary care” duty of Tennessee state public employees extends not only to avoid harm by the public employee's direct actions, but to avoid harm to all those Who are foresceably injured by virtue of the public employee's actions which “set in motion” acts that result in constitutional injury. 62, At all times pertinent hereto, Defendants, and each of them worked in collusion to Deprive Plaintiff of his rights, and owed one or more PROFESSIONAL DUTIES to Plaintiff with Fespect as a citizen retaining all of his unalienable rights. 3. Plaintiff realleges and incorporates all prior paragraphs as if set forth in full 64. As an actual and proximate result, PLAINTIFF has been HARMED. Count 3 42 U.S, Code § 1986 - Action for neglect to prevent (Against all Defendants) 65. 42 U.S.C. § 1986 provides that every person who has knowledge that a wrongful act is ing the power to prevent the commission of such wrong about to be committed and havi neglects or refuses so 10 do, is liable to the party injured for all damages caused by the wrongful act. The defendant in a 42 U.S. Code § 1986 action need not have participated in the conspiracy or the commission of the act. Mere negligence to act on the part of the defendant will be sufficient to attach liability under 42 U.S. Code§ 1986. 66. In proceeding as described, Defendants, and each of them acted in the complete absence of Jurisdiction, causing “off the reservation” injury. Defendants, and each of them, committed a trespass onto the property, person's, rights, privileges, and immunities of PLAINTIFF and are strictly liable for all HARM resulting there from. 68. Committing perjury by filing false reports and encourage the (false) investigation even after No injured party or actual “claimant” has come forward and Municipal Corporate state and its Officers alleged and complained that Plaintiff was in breach by virtue of the State of Tennessee special statutory duties imposed on Plaintiff possess reciprocal rights under state and federal due process to the observance of those duties ©. Each Defendant acting under color of state law is empowered and restrained from acting by Virtue of the respective constitutions, charters, articles of incorporation, appointments, or other entity formation documents describing the Defendant’s jurisdiction. 70. Plaintiff realleges and incorporates all prior paragraphs as if set forth in full. 71. As an actual and proximate result, Plaintiff has been HARMED Count 4 18 U.S.C. § 242-Deprivation of rights under the color of law (Against all Defendants) 72. There are four elements to establish offenses under this section: 8) The vietim must have been an inhabitant of @ U.S. state, district, or territory when the alleged violation occurred; b) Defendant acted under color of any law; ) The defendant's conduct deprived the vietim of some right secured or protected by the U.S. Constitution; and (@) The defendant acted willfully, that is, with specific intent to violate the protected constitutional right. 73, Plaintiff realleges and incorporates all prior paragraphs as if st forth in full 74. The U.S. Supreme Court’s decisions in Graham v. Connor, 490 U.S, 386 (1989)and Tennessee v. Garner, 471 U.S. 1 (1985)set the precedent for determining if law enforcement’s use of force impermissibly deprives an individual ofa constitutional right 75. Defendants in this Count are “governments beneath the sate level” within the definition of that term in Board of Comm'rs v, Brown, 520 U.S. 397(1997). ( Wilson County as Municipal Defendants). 76, Defendants maintained rules, policies, customs, procedures, traditions, practices and Permitted behaviors by policymakers themselves which perpetrated an intentional, reckless, and deliberate indifference tothe likelihood of constitutional injury of the type caused to Defendant in the False, unverified by a third or injured party complaint, filed without Evidence, including customs and policies in violation "Consulting services" under TA. § 2-10-122 means "services to advise or assist a person or entity in influencing legislative or administrative action, as that term is defined in § 3-6-301, relative to the municipality or county represented by that official”, and permitting HARASSMENT AND ABUSE against Plaintiff Luis A. del Mazo, in committing the acts ascribed 7. Defendants were acting pursuant to such custom and polic: to them herein as an actual and proximate result of Plaintiff's HARMED, Count 5 18 U.S. Code § 2076 - Clerk To filing 78, Whoever being a Clerk willfully refuses or neglects to make or forward any report, cate, statement. or document as required by law shall be fined or imprisoned not for more than one year or both and the only element required to prove in order to prevail. 79. Defendant Debbie Moss by refusing to record Default and file writ of mandamus failed to do her administrable duty. 80. Plaintiff realleges and incorporates all prior paragraphs as if set forth in full, 81. As an actual and proximate result, Plaintiff has been HARMED. COUNT 6 42 US. Code § 1985 -Conspiracy to interfere with civil rights (Against all Defendants) ial arrest, 82, Plaintiff was denied due process and equal protection from the law from the i “onduct, failure of Clerk to do their administerial duty and the duty of the prosecutorial mi Judge and Sheriffs to protect the rights of the citizens and more specifically the plaintiff whom they took an oath to protect. 83. Plaintiff realleges and incorporates all prior paragraphs as if set forth in full 84. As a direct and proximate result plaintiff has been injured. WHEREFORE PREMISES CONSIDERED as Prayer for Relief, and for the foregoing reasons, Plaintiffs pray that Defendants be cited to appear and answer herein, and that upon final hearing, Plaintiff be awarded judgment: 1. Compensation for damages from the false arrest causing injury, undue stress, loss of wages, pain and suffering, paid to plaintiff in the amount of $25,000.00 per count per Defendant, For appropriate equitable relief against all Defendants as allowed by the Civil Rights Act of 1871, 42 U.S.C. Section 1983, including the enjoining and permanent restraining of these violations, and direction to Defendants to take such affirmative action as is necessary to ensure that the effects of the unconstitutional and unlawful deprivation of rights practices are eliminated and do not continue to affect Plaintiff's, or others’, judicial process in Wilson County General sessions or Criminal courts. 3. For such other and further relief to which Plaintiff may show himself justly entitled TRIABLE. PLAINTIFF REQUESTS TRIAL BY JURY ON ALL ISSU} Luis A. del Mazo, Jr. 615-543-6587 PO BOX 160891 Nashville, TN 37216 delmazo@vahoo.com EXHIBIT Exhibit A... Exhibit B... Notice of Default and 3 days to Cure Affidavit of Specific Negative Averment, Counterclaim and motion to dismiss Exhibit C.., Notice of Final Default Exhibit E... Writ of Praecipe Exhibit F... Writ of Mandamus Exhibit G.. Judicial Notice of Statutory default and acceptance of oath. 2 VERIFIED AFFIDAVIT OF TRUTH STATE OF TENNESSEI county or Davidson wid A. del Maze oe » Petitioner, being first duly sworn, affirms that the Petitioner has read the foregoing petition, knows the contents of the Petition, and that the petition is ‘ruc and correct to the best of petitioner's knowledge, inform, CP pelief. Ossi CONSE “en Expires CERTIFICATE OF SERVICE 1, Luis A. del Mazo, Jt. hereby certify that on Feb 12,2014 [date] served copies of complaint on the following parties : Tom P. Thompson 119 South College St., Lebanon, TN 37087 615-443-2863, John Wootten 200 Red Boiling Springs Rd PO BOX 112, Lafayette, TN 37083 Debbie Moss 228 E, Main st. #101, Lebanon, TN 37087 Kriss Eliott 1019 Charlie Daniels Pkwy, Mt, Juliet, TN 37122 Mathew Mang 1019 Charlie Daniels Pkwy, Mt, Juliet, TN 37122 Mt. Juliet Police Department 1019 Charlie Daniels Pkwy,Mt. Juliet, TN 37122 Wilson County Sheriffs Department 105 East High Street, Lebanon, TN 37087, by way of Date /Signature EXHIBIT “A” Mt. Juliet Police 1019 Charlie Daniels Pkwy Mount Juliet TN 37122 Phone # : (615)754-2550 Fax : (615)758-7076 Arrest Information [Arrest # Arrest DateTime /Arrest Location RMS Case# oxsoooa7s __lesasnisiostoo [raver 29m Mount leur size _ [aneet larrest Type TRights Given [Fereme | Foveetiew lOn-view . N Name Details Last Name First Name [Middle Name Ee Del Mazo Luis lAlexander [A laddress 4605 GALLATIN PK NASHVILLE.TN. 37216 ‘Age (¥RS)[DOB Sex ]Race Ethnicity eae ‘Status la1__Jay2sno7s_|aale [White Hispanic or Latino _|Nonresident ‘Warrant Obtained [aneioe No [Weight (16) [Height (FT) i Color [imiceser 130 si aROWN BALD SSN Driver License # Di State [= Gitizen 593-326-7516 "5433032 Hennessee : [Charge information [Charge Code Charge Description RWS Case 7 2131 Driving On Revoked D/L [20150006347 3234 Financial Responsibility [20150006341 2202 Mfr Law [20150006343 [o25s [Registration-Removal of Pate 20150006341 [Court information (Court Date [Court Name Dudge Setting Bail Warrant/Summons ® [saazois General Sessions (Narrative Page 1 of 2 [Narrative Title Jon 3/28/2005 ths officer was on -40 East bound inthe city limits of Mt, Juliet on duty asa certified Mt. Juliet Police officer ina fully marked Mt, Juliet Police car. A white Chevrolet pick up truck passed my patrol car in the lane to the left Ae t passed this officer could heer unusual noise coming from under the vehicle that with my years of experience in the automotive industry Before becoming 2 police officer could be associated with an exaust leak. This officer then ran the registration plate attached 10 the Chevrolet truck and it came back to a black Volkswagen. A stop was initiated at the 229 MM on I-40 East bound on the right officer Elliott with the Mt. Juliet Police Department and explained to the hhim, When I asked for his drivers license he stated “am I being detained I aatgg be his gitrend and had 9 vali divers cense. Mr, Del Mazo was then transported tothe Wilson County shes Dep for booking purposes. Mr, Del Mazo was asked by ths officer ithe was cited forthe traffic offences if he would si the cater rn ya would not sign anything, He then exited the patrol car in the sally port forthe jl to intake hm into boc Me Del Mazo told te jailer that he wa assaulted by police and had been kidnapped. He was then taken into booking wie, any force being used from the start ofthe stop uni he was in the jis custody Warrants were obtained for drking wee revoked, unlawful removal of registration plate, muffer law, and proof of insurance. No further incident had arisen at the te of this report (Officer Reporting Officers Name [Berevna Spenser Name 18570 Eliot Kris 3268_Matthew Mang ‘Approval Status Date/Time lApproved 03/16/2015 07:54:10 Page 2 of 2 21] 2a 23) 24 27 EXHIBIT “B” PLAINTIFF’S COMPLAINT 16 19 20 a 22 2a 24 25 27 26 29 30 WILSON COUNTY GENERAL SESSION COURT Luis A. del Mazo, Jr. pro se, Plaintiff. vs. STATE OF TENNESSEE and/or Sa) FIL ED CITY OF MOUNT JUILIET, yeEm MAR 25 205 PM. MOUNT JUILIET POLICE, 58 DEPARTMENT, MATHEW MANG, KRIS ELLIOTT Defendants J AFFIDAVIT OF SPECIFIC NEGATIVE AVERMENT, MOTION TO DISMISS, COUNTERCLAIM AND OPPORTUNITY TO CURE Comes now Luis A. del Mazo, by special visitation and not appearing generally, before this court secking a remedy in asis provided by LAW. Luis A. del Mazo is a resident and citizen of the Republic of Tennessee and is a competent man of sound mind and herby acknowledges the following statements made to be true and correct, NOTICE: THIS CLAIM/COMPLAINT IS NOT INTENDED TO THREATEN, HARASS, HINDER OR OBSTRUCT ANY LAWFUL OPERATIONS. ITIS FOR THE PURPOSES OF OBTAINING LAWFUL REMEDY AS IS PROVIDED BY LAW. 1. PARTIES 1.) Plaintiff/Counter claimant, Luis A. del Mazo, Jr, being a citizen of the Republic of Tennessee and at all times relevant hereto and tesiding and doing business in Davidson County. 2.) DEFENDANT State of Tennessee and or its affiliate The City of Mount Juliet and the Mount Juliet Police Department is a municipal entity chartered and doing business in Wilson County. The State of Tennessee operates judicial process including judicial services at Wilson AFFIDAVIT OF SPECIFIC NEGATIVE AVERMENT as ry 35 a6 a a8 as 20 a 22 23 24 25 26 2 28 29 30 County courthouses; creates and implements judicial policies, customs, and practices ‘administered by judicial officer, administrators and staff tothe citizens of Wilson County, 4) DEFENDANTS Mathew Mang and Kris Elliott are authorized representatives and Public Servant for the Mount Juliet Police Department and the City of Mount Juliet and at all times relevant herein, they exercise “day-to-day oversight and administrative management” of the Policing, operations, services, personnel, paperwork therein, and receives all compensation from the City of Mount Juliet. I. NEGATIVE AVERMENT AND MOTION TO DISMISS RULE 12.02: HOW PRESENTED. Every defense, inlaw or fact, toa claim for relief in any pleading, whether a claim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is Tequired, except that the following defenses may at the option of the pleader be made by motion @) lack of jurisdiction over the counterclaim, in writing: (1) lack of jurisdiction over the subject matter, person, (3) improper venue, (4) insufficiency of process (traffic citations or false arrest is not service), (8) insufficiency of service of process, (6) failure to state a claim upon which relief can be granted, (7) failure to join a party under Rule 19, and (8) specific negative averments made pursuant to Rule 9.01. A motion ‘making any of these defenses shall be made before pleading if a further pleading is permitted. Nc defense or objection is waived by being joined with one or more other ‘defenses or objections in al Tesponsive pleading or motion. If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, the adverse party may assert atthe trial any ‘defense in law or fact to the claim for relief. If, on a motion asserting the defense numbered (6) to dismiss for failure to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as Provided in Rule 56, and all parties shall be given reasonable opportunity to Present all material made pertinent to such a motion by Rule 56. ABEIDAVIT OF SPECTFIC NEGATIVE AVERMENT 20 a az Fy 18 a a8 19 20 au 22 23 24 25 26 27 28 29 Advisory Commission Comment [2014] 12.02. Effective July 1, 2012, Tennessee Code Annotated Section 20-12-119 was amended to add subsection (c) which authorizes the trial court, under certain circumstances, to award costs and reasonable and necessary attomey's fees to a party who prevails on a motion to dismiss for failure to state a claim upon which relief may be granted. Section 20-12-1 19(¢) requires the party| or Parties whose claim or claims were dismissed to pay the awarded costs and fees, NEGATIVE AVERMENT I: MUFFLER LAW : (ALLEGED INTIAL CAUSE OF ACTION) THE BURDEN OF PROOF IS ON THE PARTY MAKING THE ACCUSATION. Plaintiff was pulled over on accusation based on a suspicion, derived from ‘conjecture and speculation of 3 loud exhaust sound from plaintiffs muffler. Unless the officer is hed a DBA meter or undeniable proof he car't enforce the law and any action ether taken intentionally or negligent is an unlawful, liable and ‘accountable act. On Sunday, March 15, 2014 Officer Mathew Mang and Kris Elliot from the Mount Juliet police Gepartment unlawfully stopped Plaintiff Luis A. del Mazo and unlawfully arrested Plaintiff despite the fact that there was no warrant out for Plaintiff, Luis del Mazo’s arrest, there was no Probable cause or cause of action, There was no disturbance of the peace, no injured arty or injured party present. THERE WAS OR IS NO EVIDENCE THAT LIKELY HOOD OF THE OFFENSE WOULD HAVE CONTINUED AS PLAINTIFFS GIRLFRIEND AND WITNESS DROVE OFF IN THE VEHICLE WITH ALTERD PLATE, EVIDENCE OF THE NON ARRESTABLE MISDEMEANOR OFFENSES. PLAINTIFF NOTIFIED DEFENDANTS OF RIGHTS AND Tenn. Code Ann, § 40-7-103(a)(1) CITE AND RELEASE STATUE. Plaintiff WAS INTENTIONALLY DENIED DESPITE DEFENDANTS CLEAR AND PRECIESE KNOWLEDGE OF THE SITE AND RELEASE STATUE AND INTENTIONALLY VIOLATED, HARMING, HARRASING, TRESPASSING ON PERSON, FALSE ARRESTING, ASSULTING, BATTERING, OBSTRUCTING ABUSEING OF POWER, DENING OF DUE PROCESS, EXTORTION, AFFIDAVIT OF SPECIFIC NEGATIVE AVERMENT a a2 13 as 16 a7 28 a9 20 an 22 23 24 25 20 20 28 20 JUSTIC, DISHONOR IN COMMERCE, AND AT ALL TIMES RELEVANT TOO TO PLANTIFFS INJURIES. There is no evidence to the contrary and if there is let the District ‘Atfomey present with verified affidavit and with his unlimited commercial liability such evidence. Tenn. Code Ann. § 40-7-103(a)(1). With tegard to misdemeanors, Tennessee has adopted a “cite and release” statute that requires an officer to cite and release the misdemeanant rather than effect a custodial arrest. Tenn. Code Ann. § 40-7-118 (b) () provides in part: ‘ peace officer who has arrested a person for the commission of a misdemeanor committed in the peace officer's presence... shal issue a citation to the arested Person fo appear in court in lieu ofthe continued custody and the taking of the arrested person before a magistrate, Due tothe fact thatthe defendants were well aware and notified by plaintfVifthis Cite and Release statue defendants continued their unlawful action of trespassing on plaintiff by depriving Plaintiff of his liberty and by aggressively apprehending plaintiff and committed assault and battery, NEGATIVE AVERMENT I. : DRIVING ON A REVOKED LICENSE AND AND ALL OTHER MISC. CHARGES: MOTION TO. DISMISS RULE 12.02(1)(2(5)(6)(7)(8). Luis A, del Mazo, a Natural man, created by God am NOT the same as the Fictitious Entity, all capital etter named, LUIS ALEXANDER DEL MAZO that was created by the State. I do not sive any consent, in any capacity, to this court to place upon me any responsibility for this all capital letter name Fictitious Entity that was ereated by the state, Simply put I am not the same and I believe that there is no evidence to the Contrary. I have no contract with you and do not Consent to any contract with you. Ifyou presume that Ihave a contract with youl rebut any Presumption of any contract that you may presume that Ihave with you. This is evidenced by

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