Charles
Sprinkle’s Section 1983 Case from 1975
Charles
Sprinkle
Filed
3 January 1975
10580 Creek Road Ojai, California 93023
Plaintiff Pro Se.
Charles R. Sprinkle
plaintiff
v
Governor Ronald Reagan,
his wife Nancy Reagan,
District Attorney Stanley Trom,
his wife Joan Trom,
Deputy Dist. Atty. William Hinkle,
his wife Mary Hinkle,
Judge Benjamin Ruffner,
his wife Jacqueline Ruffner,
Judge Donald Polack, his wife Georgia Polack,
Judge Richard Heaton,
his wife Anne Heaton,
Officer Glen White,
his wife Judy White,
Officer Gary Hardman,
his wife Patricia Hardman,
Judge Robert Soares,
his wife Kathryn Soares,
Defendants
Table
of Contents:
No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports,except what may be absolutely necessary for executing it's inspection laws: and the net produce of allduties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of theUnited States; and all such laws shall be subject to the revision and control of the Congress.
No state shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war intime of peace, enter into any agreement or compact with another state, or with a foreign power, or engagein war, unless actually invaded, or in such imminent danger as will not admit of delay.
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10580 Creek Road Ojai, California 93023
Plaintiff Pro Se.
U.S.
District Court
Central
District of California
312
Spring Street, Los Angeles California
Charles R. Sprinkle
plaintiff
v
Governor Ronald Reagan,
his wife Nancy Reagan,
District Attorney Stanley Trom,
his wife Joan Trom,
Deputy Dist. Atty. William Hinkle,
his wife Mary Hinkle,
Judge Benjamin Ruffner,
his wife Jacqueline Ruffner,
Judge Donald Polack, his wife Georgia Polack,
Judge Richard Heaton,
his wife Anne Heaton,
Officer Glen White,
his wife Judy White,
Officer Gary Hardman,
his wife Patricia Hardman,
Judge Robert Soares,
his wife Kathryn Soares,
Defendants
Case
# CV 75-13 dww(k)
Complaint
for Money Damages for:
Deprivation
of Constitutional Rights,
Conspiracy
do Deprive Plaintiff of Constitutional Rights, and
Failure
to Protect Plaintiff from Conspiracy to Deprive Plaintiff of his
Constitutional Rights.
Jury
is hereby Demanded.
1. Comes
now the Plaintiff above named in his own natural person and
complains against Defendants above named for depriving Plaintiff of
constitutional rights under color of State Law, custom or usage,
conspiracy to so deprive and/or failure, neglect or refusal to
protect plaintiff from said conspiracy although it was within the
power to do so.
Jurisdiction
2. This
Court has jurisdiction under 28 USC 1343 (1), (2), (3), and (4) and
under USC 1938, 1985.
3. Plaintiff
and individuals, named are citizens and residents of the State of
California. Defendants are employees of the State of California and
The County of Ventura.
1st
Cause of Action
4. Plaintiff
is a resident of the County of Ventura, State of California for the
past thirteen years.
5. Ronald
Reagan is Governor of the State of California;
6. Robert
Soares is Judge in the Municipal Court County of Ventura State of
California.
7. Stanley
Trom is District Attorney for the County of Ventura, State of
California.
8. William
L. Hinkle is Deputy District Attorney for the County of Ventura,
State of California;
9. Glen
White is Court Officer for the State Highway Patrol, County of
Ventura, State of California.
10. Gary
Hardman is Highway Patrol Officer in the County of Ventura, State of
California;
11. Benjamin
Ruffner is Judge in Superior Court, County of Ventura, State of
California:
12. Donald
Polack is Superior Court Judge, County of Ventura, State of
California;
13. Richard
Heaton is Superior Court Judge, County of Ventura, State of
California;
14. Nancy
Reagan, Joan Trom, Mary Hinkle, Ann Heaton, Judy White, Jacqueline
A. Ruffner, Georgia L. Polack, Patricia Hardman and Kathryn A.
Soares are to the best of Plaintiff’s knowledge and belief, the
wives, respectively of Defendants named above;
15. They
are joined as a protection to Plaintiff against their husbands
unlawful dissipation of assets or attempted conveyances of property
in a attempt to defraud legitimate creditors.
16. By
Law, Article XX Section 3 of the Constitution, State of California,
Defendants, Reagan, Soares, Trom., Hinkle, White, Ruffner, Heaton,
Hardman and Polack, have been required by Oath of affirmation, to
support and defend Plaintiff’s Constitutional rights when or where
they clam to have jurisdiction over or official duties with the
Plaintiff.
17. On
or about Jan. 15, 1974, Plaintiff while driving a 1967 Triumph
automobile on State of California Highway, Plaintiff was arrested
and ordered to obtain a Drivers License and a automobile License.
18. Both
are Titles of nobility.
19. Said
order was in violation of Article 1 Section 10 of the Constitution
Section 10. No state shall enter
into any treaty, alliance, or confederation; grant letters of
marqueand reprisal; coin money; emit bills of credit; make anything
but gold and silver coin a tender in payment ofdebts; pass any bill
of attainder, ex post facto law, or law impairing the obligation of
contracts, or grant anytitle of nobility.
No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports,except what may be absolutely necessary for executing it's inspection laws: and the net produce of allduties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of theUnited States; and all such laws shall be subject to the revision and control of the Congress.
No state shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war intime of peace, enter into any agreement or compact with another state, or with a foreign power, or engagein war, unless actually invaded, or in such imminent danger as will not admit of delay.
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20. Defendant
Hardman, Highway Patrolman, also required me to pay for said License
with Federal Reserve Notes, That are not backed by gold or silver
coin, as stipulated in Article 1 Section 10 of the U.S.
Constitution.
21. Defendant
Hardman threatened Plaintiff with deprivation of Liberty and
property with out due process of Law.
22. All
this was done under, Color, Custom and Usage of California State
Vehicle Code.
23. Defendant
White acting in conspiracy with Hardman and under color, custom and
usage of law, ordered Plaintiff to court.
24. The
constitutes a violation of his Oath of Office as covered by Title
18, USC 241and 242.
25. Defendant
Soares was assigned to Court wherein Plaintiff appeared as defendant
in a criminal Traffic Case.
26. Plaintiff
filed a motion for counsel of his own choice, as is his right, as
set forth in the 6th Amendment of our U.S. Constitution.
27. Defendant
Soares in concert with the California State Legislature, has denied
Plaintiff's motion for counsel of his own choice.
28. Plaintiff
is guaranteed Freedom of Speech and Freedom of association under the
First Amendment to the U.S. constitution.
29. Therefore,
Plaintiff is free to associate with counsel of his choice and to
have a spokesman (counsel of his choice to speak for him).
30. Plaintiff
is guaranteed Due process of Law by the Fifth Amendment of our U.S.
Constitution.
31. The
Bill of Rights includes, Counsel of choice in the 6th amendment.
32. Due
Process is guaranteed by the both the 5th and the 14th
amendments to the constitution.
33. Under
the 8th Amendment, cruel and unusual punishment may not be applied
against Plaintiff.
34. Defendants
have imposed just such cruel and unusual punishment upon Plaintiff
by the mental stress placed upon Plaintiff as a result of Defendant
Soares’s denial of Counsel of choice.
35. Under
the 9th amendment to the constitution Plaintiff’s right to counsel
of choice is protected from encroachment by any individual or
government body under the 10th amendment to the constitution.
36. Plaintiff
reserves all powers not specifically delegated to the Federal or
State Government and he has not waived any of the rights
aforementioned, which for the most part are natural rights, but
which are also protected by the constitution.
37. Under
the 13th. amendment to the constitution Plaintiff is protected
against peonage and involuntary servitude, where the actions of
Defendants appear to destine Plaintiff.
38. Under
the 14th amendment of the, Plaintiff is protected under Title 18
USC, Sec. 241and 242 from the acts of Defendants.
39. Defendants
, Under Color, Usage and Custom of California set forth in Article
VI Sec.9 of the California constitution (attached hereto as Exhibit
A) and made a part here of as though stated in total herein, in
their capacity of public ministers have denied plaintiff the
unalienable right to counsel of Plaintiff own choice, Who may or may
not be a member of an exclusive organization, Which Organization may
well be in Violation of the Sherman antitrust Act 25 USC 1,2,3,
40. Defendants
Trom and Hinkle Conspired in concert with other Defendants, Hardman,
White, Soares, Reagan, Ruffner, Polack and Heaton, acting outside
their Lawful Duties, To bring to bear upon Plaintiff
unconstitutional acts under Color, custom and Usage of State laws.
41. Defendants
Reagan, Soars, Hardman, Trom, Hinkle, Pollack, Heaton, Ruffner and
White acted outside the perimeters their Lawful Duties.
42. Defendants
Violated their Oaths of office. They did so under Color, Custom and
usage of Federal and State Law. Defendants acted Grossly, Willfully,
Wantonly, Unlawfully, Carelessly, Recklessly, Negligently,
Maliciously, purposefully, Intentionally and Discriminatingly
against Plaintiff and did so taking advantage of Color, Custom and
Usage of State Law and custom within a citizen’s fear of State
personal prosecuting good citizens for having stood up for their
Natural rights protected by the U.S. constitution and the California
State Constitution.
43. Defendants
conspired together and with others as yet unknown to Plaintiff to
deprive him of his rights.
44. Overt
acts committed by Defendants Pollack, Ruffner, Soares, Hardman,
White, Reagan, Trom and Hinkle includes that complained of in above
paragraph of this complaint.
45. Denying
Plaintiff a right to counsel, are all in collusion with the State
Legislative Branches of the State of California.
46. Defendants
named above relying on their own discretion and erroneous
interpretation of the Supreme Law of the Land, Which is the
Constitution and not any statute in conflict there with issued or
coursed to be issued order for plaintiff conspire with Defendants to
subvert the constitution by excepting Titles of Nobility and to make
something other them gold and silver coin a tender for payment of
debt.
47. All
these are contrary Article 1, Sec. 10, of the Constitution.
48. Defendants
aforenamed deprived Plaintiff of his 9th and 10th
Amendment rights, which protect him from Oath-breaking so-called
"public servants" who wallow in the pubic trough while
trampling upon Plaintiff’s Constitutional Rights.
49. Said
defendants, Meanwhile attempt to impose totalitarian Socialism upon
the People, Although such a System is the Antithesis of the
Constitution, That public servants and duly constituted Authorities
are Sworn to uphold
50. Defendants
have exceeded their jurisdiction.
51. They
have abused their discretion.
52. They
have acted outside the Lawful perimeters of their official duties.
53. They
have Grossly, Willfully, wantonly, 19) Unlawfully, Carelessly,
Recklessly, Negligently, Intentionally, 20) maliciously,
Purposefully, and Discriminatingly Conspired to deprive Plaintiff of
his Constitutional rights and They have Refused, neglected or Failed
to Protect Plaintiff from said Conspiracy although they have been a
position to do so.
54. Defendants
Nancy Reagan, Joan Trom, Mary Hinkle, Judy White, Jacqueline A.
Ruffner, Georgia L. Pollack, Anne Heaton, Patricia Hardman, Kathryn
A. Soares, are the wives respectively of the afore-named Defendants
Who are Employed as Erstwhile "public-servants";These
wives are in effect are "Socialist- Queens", enjoying and
living on the Largess and Unlawful spoils brought home by their
husbands as compensation for said husband’s Violation of their
Oaths of Office and for their willing perversion of the U.S.
Constitution and the California Constitution.
55. Said
wife Defendants named above have failed, refused or neglected to
protect Plaintiff from the conspiracy of their husbands and said
failure is intentional, purposeful and malicious.
56. The
acts of omission of said wife Defendants named above constitute an
overt act of conspiracy to refuse to protect Plaintiff.
57. Defendant
acts as heretofore complained of, Have caused harm and damage to
Plaintiff.
58. Said
acts have caused mental and physical suffering, insomnia, worry,
financial insecurity, stress and strain in relationships, in his
work, with his family, relatives and friends, Defendants activities
have impaired Plaintiffs credit standing.
59. They
have subjected him to public ridicule and embarrassment.
Prayer
60. Defendants
complained of acts entitle Plaintiff to recover money 21) damages
from Defendants and from each of them as follows:
61. For
general damages $ 50,000;
62. For
punitive damages $100,000;
63. This
shall be payable to Plaintiff in Constitutional Lawful Money
redeemable in gold or silver coin as set forth in Article 1 Sec. 10
of the constitution.
64. In
addition plaintiff prays such other and further relief as to the
jury demanded in this case shall appear just.
65. Defendants
herein are sued in their individual capacities and not as agents of
the State of California or The United States.
66. This
is a civil rights Suit and not under the torts claims act.
67. The
United States or the State of California can not be substituted as a
party defendant and the consent of the united States or the State of
California to be sued is not demanded.
68. If
necessary; Plaintiff demands for all issues to be decided by the
Jury Demanded;
69. If
defendants move to dismiss this suit, Plaintiff Demands that it be
heard by the jury demanded, and only be dismissed if the Jury
considers it lacks merit.
(Respectfully
submitted)
Charles
Sprinkle, Laborer, Pro Se.
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