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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.


Clive Boustred


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.


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.


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


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