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

Forty Forth Claim For Relief    Malicious Prosecution

PLAINTIFFS:

Clive Boustred, RCB and WFB.

DEFENDANTS: 

IRWIN JOSEPH, Irwin Joseph

JEREMY FOGEL, Jeremy Fogel,

JAMES WARE, James Ware

SAMUEL S. STEVENS, Samuel S. Stevens

MICHAEL E. BARTON, Michael E. Barton

ART DANNER, Art Danner (deceased)

TRILLA E. BAHRKE, Trilla E. Bahrke

PHYLLIS J. HAMILTON, Phyllis J. Hamilton

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

TRILLA E. BAHRKE, Trilla E. Bahrke

CHRISTOPHER M. CATTRAN, Christopher M. Cattran

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 10, 2003 and repeatedly up till present time, in the above named Judicial District, the above listed DEFENDANTS repeatedly denied Clive Boustred, RCB and WFB their constitutional rights under the 1st, 2nd, 4th, 5th, 7th, 8th, 9th, 10th, 11th and 14th Amendments, DEFENDANTS committed said crimes willfully under the color of law with the intent to maliciously harm PLAINTIFFS.  DEFENDANTS filed as many as seven false and malicious criminal cases against PLAINTIFFS.

In response to the attempted murder of Mr. Boustred by the Sheriffs, the government set about maliciously and outrageously prosecuting Mr. Boustred.  In a blatant and outrageous conspiracy, as many as seven false and fraudulent cases were filed against Mr. Boustred.  Sheriffs, District Attorneys and Judges ganged up and violently assaulted and prosecuted Mr. Boustred and his children.

After the sheriffs attempted to murder Mr. Boustred, Santa Cruz District Attorney Bob Lee and his Ass. Stephen Drottar along with the sheriffs and judges in Santa Cruz immediately filed two false felonies and two false misdemeanors against Mr. Boustred for “Assault With a Deadly Weapon”, and “Driving Feloniously along his private road at an alleged 40mph” when evidence proved Mr. Boustred drove slowly at 27mph.  The Sheriffs filed an absurdly false police report amongst other things making a completely fraudulent charge that Mr. Boustred had committed a Felony 278.5 PC kidnap, and giving this as the reason the Sheriffs had to ‘chase’ Mr. Boustred – the Sheriffs were in the possession of Mr. Boustred’s Stipulated Custody Order which showed that Mr. Boustred had legal custody of his children, despite the fact that Mr. Boustred was following the law when he filed a TRO against his ex for endangering WFB on the learner ski run.  The misdemeanors they filed against Mr. Boustred after they shot at him and his children were “Child Endangerment” and “Resisting Arrest” as Mr. Boustred “froze” when Deputy Sheriff Brozozowiski cut Mr. Boustred’s wrist with a handcuff while drilling the knuckle of his fist into the nape of Mr. Boustred’s neck.  The Sheriffs and Judge Michael E. Barton kidnapped Mr. Boustred’s children WFB and RCB, with Barton ordering that Mr. Boustred not communicate with his own sons for three years.  The Sheriffs handed WFB and RCB to Anamaria and her boyfriend Stefan Tichatschke, despite a lawful court order barred Tichatschke from having any contact with WFB and RCB.  Barton even prevented WFB and RCB’s father and uncle form communicating with their grand father and uncle.

One month after holding WFB and RCB completely isolated from their dad, Ass. DA Steven Drottar and Investigator Michael Lindsey with the cooperation of Anamaria and without letting Mr. Boustred know, interrogated RCB, aged seven, in an outrageous and criminal attempt to put words in RCB’s mouth so as to use RCB as a false witness against his father.

This is merely an abbreviated version of some of the crimes the government committed against Mr. Boustred, his children and companies. It ignores all the detail regarding the other three false arrests where the government held Mr. Boustred without any right to bail and the utterly and the absurdly sham hearings and trials they gave Mr. Boustred.

In order to cover up the extreme malpractice of the attempted murder of Petitioner, Authorities in Santa Cruz County and the State of California embarked on an ongoing malicious prosecution of Petitioner Clive Boustred, some examples of this assault against Mr. Boustred are:

·         2 false felonies & 8 false misdemeanors have been filed against Petitioner in 6 separate cases.

·         3 times Petitioner has been falsely arrested & imprisoned for a total of 5 months, twice without any right to bail & once with bail set at 15 times the legal schedule.

·         Petitioners Motions, Habeas Corpus and Appeals have been ignored and denied at all levels of Californian Courts without any hearing or showing of good cause. In jail the Santa Cruz Sheriffs even refused to let Petitioner file any Habeas Corpus.

·         Without any basis at law or hearing in the interests of the children, Petitioner was ordered to not communicate with his children RCB aged seven and WFB aged three for three years.  Petitioners children continue to be unlawfully held from Petitioner.

·         Petitioner was given a sham trials where the jury was palpably tampered with and where Petitioner was not allowed to put either the facts or law before the jury: any and all evidence in favor of Petitioner was thrown out - including such forms of evidence as the sheriff’s own recordings and reports which irrefutably proved Petitioner’s innocence; in the trial, prosecution’s witnesses were allowed to submit known lies and hearsay into the record while Petitioner’s factual testimony was literally struck from the record and Petitioner was ordered to not testify to the truth nor to put forward any defense theory favorable to Petitioner; Petitioner was also prevented from bringing his witnesses before the jury.  Petitioner was fraudulently found guilty under the color of law.

·         Santa Cruz Superior Court insisted on allowing biased judges and commissioners whom PETITIONERS had sued and even while suits were actively being prosecuted against said criminals, to preside over Petitioners divorce case (SC Sup. Ct. FL 16028) and the Court moved the case off calendar, effectively locking up petitioner remaining assets and holding Petitioner and his children hostage. 

·         Californias courts refuse to file Petitioners pleas & motions, they even refuses to allow petitioner to depose opposing parties or authorize Petitioners subpoenas, provide trial transcripts or even allow Petitioner to photocopy his proceedings.  Although most of Petitioners Motions for hearing and Orders to Show Cause are ignored, when a hearing is given, Californian courts they simply sanction Petitioner, ignore the matters brought before the court and unlawfully dismiss all motions and actions.

·         Six months after shooting at Petitioner, after unlawfully impounding Petitioners vehicle off his churchs parking lot, Santa Cruz Sheriffs literally ran around Petitioners Church and Petitioners childrens school with mug shot lineups to identify the criminal Clive’ with new false charges, slandering, libeling and destroying petitioners relationship with his church.  That false case (M19946) was at least dismissed. 

·         Santa Cruz Sheriffs have even unlawfully entered and searched Petitioners home.

·         Petitioners have had to borrow money to hire six lawyers who were unfortunately neither prepared nor able to stand up to the criminal nature of the Californian courts or who actively conspired against Petitioners.  Petitioners can no longer afford attorneys & have struggled to put forward this pleading.

·         As a consequence of this malicious prosecution, Petitioner has been driven into bankruptcy & effectively eliminated along with his corporations & means to support.  This case only provides a partial listing of all the malicious prosecution PLAINTIFFS have suffered.  As a consequence of the MALICIOUS PROSECUTION, PLAINTIFFS are naturally not able to properly prosecute the DEFENDANTS.

Further evidence relating to said MALICIOUS PROSECUTION is incorporated in each of the other Claims for Relief’s “VIOLATION OF CIVIL RIGHTS & ULTIMATE FACTS” section and Exhibits and incorporated herein by reference.

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.

Said damages include the sum certain amounts of $66,016,803,250.00 and $3,001,000.00 from the prior lawsuits filed by PLAINTIFFS.

AUTHORITIES

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

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