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InfoTelesys Lawsuit: I. CLAIMS UPON WHICH RELIEF CAN BE GRANTED / CONSTITUTIONAL RIGHTS VIOLATED

Claims 4 & 5 Battery

Forth Claim For Relief Aggravated Battery and Aggravated Assault

PLAINTIFFS:

Clive Boustred, RCB, WEB

DEFENDANTS: 

MICHAEL MACDONALD, Michael Macdonald (Santa Cruz Deputy Sheriff)

VIOLATION OF CIVIL RIGHTS & ULTIMATE FACTS

On or about March 10, 2003, in the above named Judicial District, the crime of AGGRAVATED BATTERY and AGGRAVATED ASSAULT, in violation of Common Law and the Constitution of the United States of America and the 4th, 5th and 14th Amendments there to and PC § 34 and 37, a felony and misdemeanor respectively, was committed by MICHAEL MACDONALD, who did willfully and unlawfully under the color of law commit said crimes against PLAINTIFFS by discharging his firearm by shooting at PLAINTIFFS with a deadly weapon.

DAMAGES

As a proximate consequence of the willful and malicious actions of DEFENDANTS, PLAINTIFF’S have sustained extraordinary damage in a sum to be determined per proof, including severe and extreme emotional stress and anguish, parental alienation, lost time, lost business investments, lost business and prosperity, damaged reputation including both slander and libel, interference with the pursuit of happiness, loss of domestic tranquility, loss of general welfare, and the loss of basic liberties such as enjoying life with one’s own children!

On March 10, 2003 Santa Cruz Shooting Instructor Deputy Sheriff Michael Macdonald ran up to Plaintiff Clive Boustred’s vehicle on Mr. Boustred private property and from a range of five to seven feet shot at Mr. Boustred.  The bullet missed and slammed into the door of Mr. Boustred’s vehicle.  WFB, Mr. Boustred’ son aged three was in the direct line of fire just behind Mr. Boustred, his seven year old son RCB was about two feet off the line of fire.

Mr. Boustred was returning home from the Santa Cruz Superior Court house where he had just filed a Temporary Restraining Order and Verified Criminal Complaint against his ex wife Anamaria Tichatschke (Formerly Anamaria Boustred) and former Personal Assistant, STEFAN TICHATSCHKE for endangering WFB by abandoning WFB in the middle of a learner ski run and for resuming false 911 calls.

Before the Deputy Sheriff shot at Mr. Boustred, the Santa Cruz Sheriffs were aware Mr. Boustred was returning home from the Santa Cruz Court house.  The Sheriffs were also aware that Mr. Boustred’s ex wife Anamaria made false 911 calls and was ordered out of the family home eight months earlier.  The Sheriffs were also aware that Anamaria had a stolen million dollar life insurance policy on Mr. Boustred’s life, as Mr. Boustred had formerly filed a complaint detailing the stolen insurance policy with that very same Sheriffs office.  And the sheriffs were in possession of the Stipulated Custody Agreement and Order that showed the Mr. Boustred was not violating any court order.

Deputy Macdonald was prevented from taking a second shot by Sgt. Amy Christy.

Damages incurred by Plaintiffs as a direct or indirect consequence to the above mentioned and referenced actions by DEFENDANTS are also incorporated herein as listed in the “K DAMAGES” section of this Complaint.

AUTHORITIES

AUTHORITIES in section “K. COMMON AUTHORITIES” are incorporated herein by reference in addition to the following AUTHORITIES:

§ 34 Aggravated Battery

Aggravated Battery is a battery committed with a dangerous weapon - A FELONY

§ 37 Aggravated Assault

Aggravated assault is an assault committed with a dangerous weapon - A MISDEMEANOR

Fifth Claim For Relief Battery and Assault

PLAINTIFFS:

Clive Boustred

DEFENDANTS: 

BROZOZOWSKI, Brozozowski (Santa Cruz Deputy Sheriff)

VIOLATION OF CIVIL RIGHTS & ULTIMATE FACTS

On or about March 10, 2003, in the above named Judicial District, the crime of AGGRAVATED BATTERY and AGGRAVATED ASSAULT, in violation of Common Law and the Constitution of the United States of America and the 4th, 5th and 14th Amendments there to and PC § 33, a felony, was committed by BROZOZOWSKI, who did willfully and unlawfully under the color of law commit said crimes against PLAINTIFF by cutting PLAINTIFFS wrist with handcuffs and by drilling the knuckle of his fist into the nape of PLAINTIFFS neck.

DAMAGES

As a proximate consequence of the willful and malicious actions of DEFENDANTS, PLAINTIFF’S have sustained extraordinary damage in a sum to be determined per proof, including severe and extreme emotional stress and anguish, parental alienation, lost time, lost business investments, lost business and prosperity, damaged reputation including both slander and libel, interference with the pursuit of happiness, loss of domestic tranquility, loss of general welfare, and the loss of basic liberties such as enjoying life with one’s own children!

Damages incurred by Plaintiffs as a direct or indirect consequence to the above mentioned and referenced actions by DEFENDANTS are also incorporated herein as listed in the “K DAMAGES” section of this Complaint.

AUTHORITIES

AUTHORITIES in section “K. COMMON AUTHORITIES” are incorporated herein by reference in addition to the following AUTHORITIES:

§ 33 Battery Defined

Battery is the intentional use of force or violence upon the person of another;

§ 38 Simple Assault

Simple assault is an assault committed without a dangerous weapon.

A MISDEMEANOR.

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