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Filed 1 Complaint For Damages, Etc. PDF
Filed 1 Complaint For Damages, Etc. PDF
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Plaintiff,
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v.
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Case No.
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GENERAL ALLEGATIONS
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1.
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U.S.C. 1331, 1343, 2201, and 2202. This Court has supplemental jurisdiction
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This Court has subject matter jurisdiction under 42 U.S.C. 1983 and 28
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SHERIFF WILLIAM D. GORE, sued in his official capacity is, at all times
relevant herein, an agent acting under color of state law, and a person subject to
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Plaintiff is informed and believes, and based thereon alleges that Defendant
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V, inclusive, sued in their official and individual capacities are, at all time
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relevant herein, agents acting under color of state law, and are persons subject
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to liability under 42 U.S.C. 1983, and are responsible, in some manner, for the
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events and happening described herein. The true names and capacities of the
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Plaintiff. Plaintiff will amend this complaint to reflect the true names and
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sued in both their personal and official capacity, inclusive, were the agents,
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its co-defendants, and each was, as such, acting within the course, scope and
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authority of said agency, employment and/or joint venture and was acting with
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Also, Defendants, when acting as a principal, may have been negligent in the
selection and hiring of each and every other Defendant as agent, employee and/or
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joint venturer. All actions of each Defendant as alleged herein were ratified and
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times employees of Defendants, and in doing the acts herein described, acted
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Defendants by such fictitious names. Plaintiff will amend this complaint to allege
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State of California.
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because Plaintiff alleges that they, inter alia, acted under the color of state laws,
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corporation.
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Diego, California.
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This Court also has personal jurisdiction over each of the Defendants
FACTUAL ALLEGATIONS
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Defendants operate a Facebook fan page for the San Diego County
COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF
opinions on on any topic to post anything they want on their social media
accounts via comment postings on its Facebook fan page. San Diego County
the Facebook fan page hereto as Exhibit One. Exhibit One is specifically
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About
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9-1-1.
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Description
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SHERIFF'S ROLE
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of San Diego.
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|Court Services
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|Management Services
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Detention Services
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Central Jail and Vista Detention Facility, while female arrestees are
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Court Services
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merged with the Sheriff's Department. Since that time, the Sheriff
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has provided court security and related services for the San Diego
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General Information
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invite any users with opinions on any topic to post anything they
civility when making comments on our pages. Any user would likely
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comments after they are posted by individual members of the community, and
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later manipulates the nature of discussion by deleting those comments that are
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unfavorable to the Defendants, and by keeping comments that are favorable for
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page.
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informed Plaintiff that she knew who [Plaintiff] was, and that she would not
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Sheriff Gore: Do you plead the 5th about your involvement in the
MURDER of an unarmed woman who was holding her baby?
REMEMBER RUBY RIDGE.
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Sheriffs Department Facebook fan page, ratified the decision to delete Plaintiffs
government policy.
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name of civility on the Sheriffs Department Facebook fan page. Plaintiff also
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to select and retain desirable comments that praise the Defendants, and that
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attaches a printed image of the Sheriffs Department Facebook fan page that
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same access to a public forum, as any citizen of the United States should enjoy.
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Plaintiff also alleges that Defendants have established a policy and custom
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afforded in the First Amendment are within the protective scope of 42 U.S.C
1983. Cinevision Corp. v. City of Burbank, 745 F.2d 560, 566 (9th Cir. 1984).
Therefore, actions by police officers that amount to retaliation against persons for
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criticizing government officials violates the First Amendment, and creates a cause
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of action under 42 U.S.C. 1983. See Hale v. Townley, 19 F.3d 1068, 1073 (5th
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Cir. 1994).
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alleges First Amendment violations, even for minimal periods of time. See
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Goldies Bookstore, Inc. v. Super. Ct. of Cal., 739 F.2d 466, 472 (9th Cir. 1984);
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Elrod v. Burns, 427 U.S. 347, 373 (1976) (holding that the district court abused
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alleges here.
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through 32, and each and every part thereof with the same force and effect as
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act under the color of state law when they act in their capacity as agents of a
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municipal corporation.
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Plaintiff alleges that the Defendants get their authority under state law, and
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Sheriffs Department Facebook fan page for arbitrary reasons. Such speech is
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are immune from public criticism by selectively keeping comments that praise
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Plaintiff has suffered as follows: Plaintiff was compelled to curtail activity and
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speech protected by the First and Fourteenth Amendment to the United States
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Constitution. Plaintiff was caused to fear the erosion of his civil liberty and rights
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Amendment violations, ratified its previous wrongful behavior, and continues its
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Plaintiff alleges that such brazen censorship is not in the public interest.
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And that Plaintiff is likely to succeed on the merits of the instant case.
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Plaintiff alleges that Defendants actions violate the First and Fourteenth
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Amendments to the United States Constitution and that the current cause of action
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Plaintiff alleges that no reasonable police officer, knowing that the First
Plaintiff alleges that Defendants, even after being placed on notice of First
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attorneys fees pursuant to 42 U.S.C. 1988, and for such other reasonable and
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Woessner, 997 F.2d 1244, 1255 (9th Cir. 1993). Thus, Plaintiff is entitled to an
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through 46, and each and every part thereof with the same force and effect as
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explanation.
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damages.
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Defendants denied Plaintiffs Due Process rights protected under the Fifth
Plaintiff alleges that Defendants deleted Plaintiffs comments and banned
Plaintiff alleges that he has no means to appeal the deletion and/or ban or
Plaintiff alleges that no policies or procedures have been developed or
Plaintiff seeks injunctive and declaratory relief against Defendants, and for
Plaintiff has suffered damages, and requests compensatory and punitive
Defendants conduct was driven by evil motive or intent, or involved a
COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF
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Woessner, 997 F.2d 1244, 1255 (9th Cir. 1993). Thus, Plaintiff is entitled to an
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through 53, and each and every part thereof with the same force and effect as
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U.S.C. 1367.
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declaratory relief, as well as attorneys fees pursuant to Cal. Code of Civ. Proc.
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1021.5.
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States, or of rights secured by the Constitution or laws of this state, have been
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interfered with Defendants, and each of them. Accordingly, Plaintiff may institute
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and prosecute in his own name and on his own behalf a civil action for damages,
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including, but not limited to, damages under Cal. Civ. Code 52 and 52.1,
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injunctive relief, for attorneys fees pursuant to Cal. Civ. Code 52.1(h), and
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of the rights or rights secured, in accordance with Cal. Civ. Code 52.1.
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damages.
This Court has supplemental jurisdiction over this state law claim, under 28
Defendants actions, as described above, violated Article 1, Section 2 of the
Plaintiff is informed and believes, and based thereon alleges, that his
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term is used in Cal. Civ. Code 3295, Plaintiff is entitled to an award of Punitive
COUNT 1
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CALIFORNIA
(Against All Defendants)
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61.
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provides that:
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Every person may freely speak, write and publish his or her
sentiments on all subjects, being responsible for the abuse of this
right. A law may not restrain or abridge liberty of speech or press.
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declaratory relief, as well as attorneys fees pursuant to Cal. Code of Civ. Proc.
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1021.5.
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States, or of rights secured by the Constitution or laws of this state, have been
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interfered with Defendants, and each of them. Accordingly, Plaintiff may institute
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and prosecute in his own name and on his own behalf a civil action for damages,
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including, but not limited to, damages under Cal. Civ. Code 52 and 52.1,
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injunctive relief, for attorneys fees pursuant to Cal. Civ. Code 52.1(h), and
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of the rights or rights secured, in accordance with Cal. Civ. Code 52.1.
Plaintiff is informed and believes, and based thereon alleges, that his
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damages.
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term is used in Cal. Civ. Code 3295, Plaintiff is entitled to an award of Punitive
COUNT 2
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that:
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declaratory relief, as well as attorneys fees pursuant to Cal. Code of Civ. Proc.
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1021.5.
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States, or of rights secured by the Constitution or laws of this state, have been
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interfered with Defendants, and each of them. Accordingly, Plaintiff may institute
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and prosecute in his own name and on his own behalf a civil action for damages,
Plaintiff is informed and believes, and based thereon alleges, that his
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including, but not limited to, damages under Cal. Civ. Code 52 and 52.1,
injunctive relief, for attorneys fees pursuant to Cal. Civ. Code 52.1(h), and
of the rights or rights secured, in accordance with Cal. Civ. Code 52.1.
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damages.
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term is used in Cal. Civ. Code 3295, Plaintiff is entitled to an award of Punitive
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Sheriffs Department Facebook fan page and the policies governing its use
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the San Diego County Sheriffs Department Facebook fan page and the
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For attorneys fees, statutory fees and costs under 42 U.S.C. 1988;
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Sheriffs Department Facebook fan page and the policies governing its use
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Sheriffs Department Facebook fan page and the policies governing its use
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the San Diego County Sheriffs Department Facebook fan page and the
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Proc. 1021.5;
For attorneys fees, statutory fees and costs under Cal. Code of Civ.
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against Plaintiff.
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For attorneys fees, statutory fees and costs under Cal. Civ. Code
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notice of this injunction but any person for political speech made on the
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2.
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participation who receive notice of this injunction but any person for
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Such other and further relief, including injunctive relief, against all
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Respectfully Submitted,
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