InfoTelesys Lawsuit: I. CLAIMS UPON WHICH RELIEF CAN BE GRANTED /
CONSTITUTIONAL RIGHTS VIOLATED
Forty Second Claim For
Relief Violation of U.S. Const. 8th Amendment:
excessive fines, cruel & unusual punishment
8th Amendment: Excessive bail shall
not be required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted.
PLAINTIFFS:
Clive Boustred
DEFENDANTS:
IRWIN JOSEPH, Irwin Joseph
SAMUEL S. STEVENS, Samuel S. Stevens
MICHAEL E. BARTON, Michael E.
Barton
ART DANNER, Art Danner (deceased)
TRILLA E. BAHRKE, Trilla E. Bahrke
MARK TRACY, Mark Tracy (Former Sheriff)
MICHAEL MACDONALD, Michael Macdonald (Deputy
Sheriff)
M POOL, M Pool (Deputy Sheriff)
HEMMINGWAY, Hemmingway (deceased)
AMY CHRISTY, Amy Christy
BROZOZOWSKI, Brozozowski
BOB LEE, Bob Lee (Santa Cruz District Attorney)
STEVE DROTTAR, Steve Drottar
COUNTY OF SANTA CRUZ, County of Santa Cruz
STATE OF CALIFORNIA, State of California
UNITED STATES OF AMERICA, United States of America
Jon Doe’s, 1 to n.
VIOLATION OF CIVIL RIGHTS & ULTIMATE FACTS
On or about March 12, 2003 and on multiple
occasions up to present, in the above named Judicial District, the above
listed DEFENDANTS violated PETITIONERS rights under the 8th
Amendment to the Constitution of the United States of America by
inflicting cruel and unusual punishment and excessive fines on Clive
Boustred. In Santa Cruz Superior Court Case FL 16028, F 06858, and CV
148542, Placer County Superior Court case Ct 72-002045 and Marin County
Superior Court DEFENDANTS listed above repeatedly denied Plaintiffs
protection under the 8th Amendment and demanded excessive
bail and fines and imposed cruel and unusual punishment on Plaintiffs,
including but not limited to the following:
On or about March 10, 2003 in Santa Cruz Superior
Court Case F 06858 DEFENDANT Michael E. Barton, Art Danner and John Does
1-n set excessive bail at fifteen times the legal schedule of the
alleged charges when there was absolutely no evidence supporting the
alleged charges and when there was substantial evidence proving the
alleged charges were false.
On or about March 12, 2003, DEFENDANT Michael E.
Barton inflicted cruel and unusual punishment on Plaintiffs Clive
Boustred, RCB and WFB by ordering that Clive Boustred not communicate
with his sons RCB and WFB for three years, this punishment was totally
without merit or based on any probable cause or facts that even remotely
related to ordering that Clive Boustred not communicate with his sons
and was inflicted with malice as cruel and unusual punishment violating
Plaintiffs 8th Amendment Rights.
On repeated occasions since March 12, 2003
DEFENDANTS listed above inflicted outrageous and cruel punishment on
Plaintiffs Clive Frank Boustred, RCB and WFB by denying plaintiffs the
right to live together, to enjoy each others company, to communicate, to
have the common interactions between father and child, said actions were
malicious and cruel and unusual punishment inflicted upon Plaintiffs.
DEFENDANTS Art Danner (Deceased) and John Does 1-n
inflicted cruel and unusual punishment on Plaintiffs by sentencing Clive
Frank Boustred to six months imprisonment for the non crime of driving
at 27 mph down his private road. Said sentence was without any right to
bail despite a formal appeal having been filed and despite no final
judgment after Art Danner gave Clive Boustred a sham trial and where
Clive Boustred was falsely found guilty of three of the four false
charges.
In Placer County Case Number Ct 72-002045,
DEFENDANT Trilla E. Bahrke and John Does 1-n gave Clive Boustred a sham
trial then had Clive Boustred arrested without any right to bail and
held for twenty one days before issuing a cruel and unusual sentence for
twenty one days for the afore mentioned SLAP suit. This sentence was
after the Santa Cruz Sheriffs, including but not limited to Deputy
Griffin, stole Clive Boustred’s vehicle off his church’s parking lot and
after the Santa Cruz District Attorney BOB LEE and his Ass.’ filed four
new false charges against Clive Boustred in Santa Cruz Superior Court
Case number M19946 on the six month eve of the Santa Cruz Sheriffs
assassination attempt against Clive Boustred.
Plaintiff Clive Boustred was subject to strip
searches in jail and forced to allow Sheriffs to look up his anus. Such
behavior on behalf of the sheriffs is demeaning, cruel and unusual and
flat out sick and perverted.
Plaintiff Clive Boustred was subject to unhealthy
and filthy conditions in the Santa Cruz Jail which was ridiculously
overcrowded and diseased including rampant Staff infections amongst
inmates which went completely ignored and untreated by the sheriffs.
DEFENDANT IRWIN JOSEPH and SAMUEL S. STEVENS and
MICHAEL E. BATON have repeatedly unlawfully fined and punished Clive
Boustred for no legal reason what so ever, said DEFENDANTS acted
criminally with malice under the color of law.
Plaintiffs have not listed herein all the 8th
Amendment violations DEFENDANTS made against Plaintiffs. Plaintiffs
remain under the duress and cruel and unusual punishment that the
DEFENDANTS have intentionally inflicted against Plaintiffs. Plaintiffs
are overburdened from simply responding to the paperwork that has been
thrust on Plaintiffs, let alone dealing with the emotional, financial
and physical burdens.
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 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: |
