Professional Documents
Culture Documents
GREGORY MCKENNA,
Plaintiff
Vs.
THE COUNTY OF ST. LOUIS, OFFICERS CHARLES Case No. 4:09cv1113CDP
BOSCHERT, KENNETH WILLIAMS,
8 UNKNOWN AGENTS OF THE FEDERAL
BUREAU OF INVESTIGATION, MARK JURY DEMANDED
KAPPELHOFF, APPLE INC., A-1 PRIVATE
INVESTIGATIONS, TIMOTHY BONINE, D’ANGELO
AUTOMOTIVE, CATHERINE PERRY
Defendants
______________________________________________________________________________
CATHERINE PERRY
I. INTRODUCTION
Pro se Plaintiff Gregory McKenna respectfully moves this Court, pursuant to Title 28 USC
455(a) and (b)*, to disqualify United States District Court Judge Catherine Perry from the above
titled case on the grounds that she has shown acute prejudice against the Plaintiff and blatant
partiality for the Defendants, and that the judge has become a party to the case. Judge Perry has
advantaged the Defendants by providing no protection to the Plaintiff against liabilities for the
criminal neglect of the Mafia stalking, extortion, torture, and deprivation of his Constitutional rights
*Title 28 USC 455 (a) states: “Any justice, judge, or magistrate judge of the United States shall disqualify
himself in any proceeding in which his impartiality might reasonably be questioned. (b) He shall also
disqualify himself in the following circumstance: (1) where he has a personal bias or prejudice concerning a
party; and (5)(i) he is a party to the proceeding, or an officer, director, or trustee of a party.”
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committed in connection with this case. Judge Perry has further concealed the pertinent Mafia
crimes by violating criminal laws such as 18 USC § 3 (accessory after the fact), 18 USC § 4
(misprision of felony), 18 USC § 241 (conspiracy against rights), 18 USC § 1505 (obstruction of
court proceedings), 18 USC § 3041 (power of courts and magistrates), 18 USC § 2381 (treason), 18
USC § 2382 (misprision of treason), RSMo 562.016 (5) (criminal negligence), and other statutes.
She has provided a safe haven for continued malfeasance by the Defendants, the Italian Mafia, and
their organized crime syndicate in the United States through withholding her mandatory judicial
duties and violating statutory law. In each case, Judge Perry has failed to adhere to, and to
administer, the relevant laws and has thereby obstructed the proper conduct of justice.
The protection provided by Judge Perry to the Defendants in her Judgment on January 4,
2010, despite their blatant continuing violations of law, demonstrated extrajudicial “conduct
prejudicial to the effective and expeditious administration of the business of the courts” such that
this case cannot be decided in accordance with the laws of the United States of America. As such,
Plaintiff Gregory McKenna respectfully moves this Court to disqualify Judge Perry from this case
because she is a party to the case, because of prejudicial acts against Plaintiff, for failing to perform
her mandatory duties, and for criminal acts against Plaintiff and the United States.
When considering a claim under ß 455(a), [a Court] must consider “whether a reasonable
and objective person, knowing all of the facts, would harbor doubts concerning the judge's
impartiality.” In re Chevron U.S.A., Inc., 121 F.3d 163, 165 (5th Cir. 1997) (internal quotation
marks omitted) (emphasis added). This is because the goal of this provision is to “avoid even the
appearance of partiality.” Liljeberg v. Health Servs. Acquisition Corp., 486 U.S. 847, 860, 100 L.
Ed. 2d 855, 108 S. Ct. 2194 (1988) (internal quotation marks omitted). Thus, recusal may be
required even though the judge is not actually partial. In re Cont'l Airlines Corp., 901 F.2d 1259,
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1262 (5th Cir. 1990). “Under ß 455(a), we consider whether the judge’s impartiality might
reasonably be questioned by the average person on the street who knew all the relevant facts of a
case.” In re KPERS, 85 F.3d at 1358. In determining whether a judgment should be vacated for a
violation of ß 455 (a), it is appropriate to consider (1) the risk of injustice to the parties in the
particular case, (2) the risk that the denial of relief will produce injustice in other cases, and (3) the
risk of undermining the public’s confidence in the judicial process. In re Murchison, 349 U.S. 133,
136, 99 L. Ed. 942, 75 S. Ct. 623 (1955) (citation omitted) (We must continuously bear in mind that
“to perform its high function in the best way ‘justice must satisfy the appearance of justice.’”).
Additionally, there is no timeliness requirement under which a justice, judge, or magistrate must
disqualify himself. (Polaroid Corp. v. Eastman Kodak Co., 867 F.2d 1415, certiorari denied 109
S.Ct. 1956, 490 U.S. 1047, 104 L.Ed.2d 425; El Fenix de Puerto Rico v. M/Y JOHANNY, 36 F.3d
136, on remand 954 F.Supp. 23 (1994) (Recusal order disabled recused judge from simultaneously
setting aside final judgment entered some three weeks earlier.); Frates v. Weinshienk, 882 F.2d
1502 (1989) (Recusal motion should be permitted at any time it becomes apparent that judge is
biased or suffers from appearance of bias). Once a judge has disqualified himself, he or she may
enter no further orders in the case; his power is limited to performing ministerial duties necessary to
transfer the case to another judge. Moody v. Simmons, 858 F.2d 137, rehearing denied, certiorari
denied 109 S.Ct. 1529, 489 U.S. 1078, 103 L.Ed.2d 835.
III. BACKGROUND
A. The Mafia Conspiracy to Stalk, Extort and Torture Plaintiff Involving Defendants the
County of St. Louis, Unknown FBI Agents, Kappelhoff, Boschert, Williams, A1 Investigations,
Plaintiff brought this lawsuit against the Defendants seeking monetary, equitable,
declaratory and other relief under titles 42 USC 1983, 1985, 1986, 1988, and others for their
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wrongful actions done in connection with an Italian Mafia stalking, extortion and torture
conspiracy. The crux of Plaintiff’s allegations is that the Defendants willfully conspired with the
Mafia to perpetuate the stalking, extortion and torture through unlawful acts or omissions in their
professions. The conspiracy began in August of 2001 in St. Louis when Mafia members approached
McKenna and threatened to murder and rape him and others for refusing to continue modeling in
New York City. (See Complaint, ¶ 44). When Plaintiff attempted to file emergency complaints with
Defendants the County of St. Louis (i.e., the St. Louis County Police Department), Unknown FBI
Agents, Charles Boschert, Kenneth Williams, and Assistant US Attorney General Mark Kappelhoff,
the Defendants maliciously neglected to protect Plaintiff’s Constitutional rights despite knowledge
of the continuing crimes and Plaintiff’s reliance on them for assistance. (Id., ¶¶ 3, 4, 5, 6, 7, 22, 69,
85, 99, 102, 123, 177, 188.). The conspiracy continued and worsened in 2006 when Plaintiff was
instructed by Defendants Boschert and the STLPD to hire a private investigation company to
perform a bug sweep of his property. (Id. at ¶103.). When Defendants A-1 and Timothy Bonine
performed a bug sweep of Plaintiff’s St. Louis residence and Toyota Camry that verified the
existence of illegal communication devices, they proceeded to lie to the Police and other third
parties by stating Plaintiff’s residence and vehicle were not bugged. (Id. at ¶¶ 111, 121, 122.).
Plaintiff proffered A-1 and Bonine’s positive bug sweep report and a recorded transcript of them to
prove they lied to the Police to obstruct justice and perpetuate the Mafia crimes. Nonetheless, the
Police and FBI maliciously neglected the crimes despite their affirmative duty to enforce the laws in
The Mafia crimes worsened when Defendants D’Angelo Automotive and Apple Inc.
allegedly conspired with the Mafia to perpetuate the use of illegal communication devices. When
the Mafia discovered Plaintiff’s plans to repair a loud noise originating from illegal communication
devices in his Audi A4 Quattro, they proceeded to allegedly bribe Defendant D’Angelo to
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misdiagnose Plaintiff’s vehicle and conceal their existence. (Id. at ¶146). Although D’Angelo
fabricated a loose wheel bearing diagnosis and feigned repairs to conceal the devices, the Mafia
continued to use the devices to harass Plaintiff out of sheer malice and uncontrollable hatred for the
Plaintiff. (Id. at ¶¶ 141, 142). The conspiracy intensified when the Mafia conspired to bug
Plaintiff’s Apple equipment. On or around February of 2009, Plaintiff discovered clear and
convincing evidence of the Mafia conspiring with Apple to install illegal communication devices in
his Apple iPod Nano when he recorded death threats that repeatedly stated, “I’m about to kill him.”
(Id. at ¶181.). Plaintiff filed a complaint with the Police and FBI for Apple Inc. conspiring with the
Mafia but was maliciously neglected in furtherance of the crimes. (Id. at ¶¶ 183, 186). Accordingly,
D’Angelo and Apple conspired with the Mafia and the Defendants to perpetuate the stalking,
When Plaintiff initiated this lawsuit on July 15, 2009, the Mafia continued to stalk, extort
and torture him in reckless disregard for law enforcement authority. On or around October 8, 2009,
Plaintiff filed an Emergency Motion for Temporary Restraining Order for the continuing Mafia
crimes and the Defendant law enforcement officials’ malicious neglect of Plaintiff’s Constitutional
rights. In response, Judge Perry refused to order an evidentiary hearing and grant Plaintiff an
injunction despite knowledge of the continuing Mafia crimes. (See Plaintiff’s Motion for
Temporary Restraining Order; see also Judge Perry’s Order filed on October 20, 2009). On or
around October 24, Plaintiff filed an Emergency Motion for Preliminary Injunction for the
continuing Mafia crimes. Plaintiff substantiated his motion with evidence by proffering testimony,
recordings of death threats, video recordings of positive confirmations of telephone tap tests, a
private investigator’s bug sweep report that confirmed the existence of the devices, complaint letters
ignored by the Police, and other evidence of the continuing crimes. (See Plaintiff’s Motion to
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Proffer Evidence In Support of His Motion For Preliminary Injunction, Exhibits 1 to 12). Despite
Plaintiff’s prima facie case of Constitutional and statutory rights violations being maliciously
neglected by law enforcement officials, on January 4, 2010 Judge Perry proceeded to order a sua
sponte Judgment to dismiss Plaintiff’s Complaint and deny him injunctive relief.
Judge Perry’s rationale for dismissing Plaintiff’s Complaint was based on the fallacious
pretense that Government officials have no duty to protect. In effect, Judge Perry’s Judgment
knowingly violated well-established Constitutional norms that preclude Government officials from
authorizing deliberate deprivations and acts of gross negligence. Additionally, the Judgment was
filed in violation of criminal statutes, such as misprision of felony, aiding and abetting, treason,
misprision of treason, criminal negligence and other criminal statutes established by the legislature.
Accordingly, Judge Perry acted outside the scope of her official capacity and committed
malfeasance in public office* to demonstrate acute prejudice to the Plaintiff and warrant recusal.
Therefore, Plaintiff brings this Motion to Disqualify Judge Perry for prejudicial acts done in
The extrajudicial acts committed by Judge Perry were maliciously done in patent dereliction to
criminal statutes and common law authority to demonstrate her prejudice to the Plaintiff. The
following extrajudicial acts committed by Judge Perry demonstrate her impartiality to warrant
recusal:
* *InDaugherty v. Ellis, 142 W. Va. 340, 357-8, 97 S.E.2d 33, 42-3 (W. Va. 1956), the Court defined
malfeasance in office as “a wrongful act which the actor has no legal right to do; as any wrongful conduct
which affects, interrupts or interferes with the performance of an official duty; as an act for which there is no
authority or warrant of law.” Id. Concurrent with its definition, the crimes committed by Judge Perry
constitute extrajudicial acts sufficient to warrant recusal.
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1. Sanctioning the Stalking, Extortion, and Torture of Plaintiff In Violation of Federal
Judge Perry demonstrated acute prejudice to the Plaintiff by sanctioning the Mafia crimes in
violation of criminal statutory provisions. Although Judge Perry relied on DeShaney and its progeny
to support her belief that Government officials have no duty to protect, Judge Perry violated
criminal statutes by maliciously sanctioning the Defendants’ criminal neglect of Plaintiff’s peril in
violation of 18 USC § 4, 28 USC §1361, 18 USC § 2381, RSMo 626.016 and others*. Pursuant to
these statutes, Judge Perry possessed a legally mandated duty to report the Mafia crimes to the
Attorney General, award Plaintiff an injunction, and take preventative measures to end the Mafia
crimes, but maliciously neglected her judicial duties. Notwithstanding, the Courts cannot rely on
their common-law authority in disregard of existing constitutional and statutory provisions. Dayton
v. State, 120 P.3d 1073, 1080 (2005) (“[When] the legislature enacts a statute to govern the same
matter, the statute controls”); Dandova v. State, 72 P.3d 325, 333 (2003); Roberts v. Alaska Dept. of
Revenue, 162 P.3d 1214, 1220-21 (2007) (applying this same rule). Additionally, it is well-
established precedent that judges cannot violate criminal statutes when performing their judicial
duties. O'Shea v. Littleton, 414 U. S. 488, 414 U. S. 503 (1974) (Judges are subject to criminal
prosecutions as are other citizens.). In effect, Judge Perry demonstrated the appearance of partiality
by disregarding statutory laws to commit criminal acts against the Plaintiff sufficient for recusal.
See In re Kensington Int'l Ltd., 368 F.3d 289, 301 & n.12 (3d Cir. 2004) (“If a reasonable person,
with knowledge of all the facts, would reasonably question a judge’s impartiality, the judge must
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Pursuant to title 18 USC § 4, the legislature has mandated as a matter of statutory law,
“Whoever, having knowledge of the actual commission of a felony cognizable by a court of the
United States, conceals and does not as soon as possible make known the same to some judge or
other her person in civil or military authority under the United States” is guilty of misprision of
felony. As soon as possible make known the same to some person in authority who would take
action requires action that is peremptory in the context of this law. Accordingly, once the crimes of
the Mafia and Defendants were made known to Judge Perry, she had an intrinsic duty in terms of
Title 18 USC § 4 to administer the law. In patent dereliction of her judicial obligations, however,
Judge Perry allowed the stalking, extortion, torture, and criminal neglect to go unpunished and
indeed to continue unimpeded with her full knowledge and tacit consent. Judge Perry thereby
provided protection to the Mafia and Defendants and concealed their crimes. She concealed their
crimes by failing to take action and did not as soon as possible make the same known to a person in
authority who would take action, action which is peremptory in the context of this law.
Government officials who wield authoritative power. Zinermon v. Burch, 494 U.S. 113, 110 S. Ct.
975, 983, 108 L. Ed. 2d 100 (1990) (quoting Daniels v. Williams, 474 U.S. 327, 331, 88 L. Ed. 2d
662, 106 S. Ct. 662 (1986) (“The substantive component of the due process clause bars certain
arbitrary, wrongful government actions ‘regardless of the fairness of the procedures used to
implement them.’”). In violation of this norm, Judge Perry arbitrarily ruled against Plaintiff to allow
the criminal wrongs in contravention to her former rulings that affirmed “malice” and the
“deliberate indifference rule” as elements sufficient for a well-pled Section 1983 claim. See Steven
Kern v. City of Gerald, 2008 U.S. Dist. LEXIS 89447, p.10 (8th Cir. 2008) (“Plaintiffs have set forth
very broad allegations stating that the defendants acted recklessly and willfully in failing to properly
train, hire and supervise the police officers for the City of Gerald… these facts would likely
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overcome the protections afforded by official immunity or the public duty doctrine, even assuming
that these defenses were applicable…dismissal at this stage is not warranted.”) (quoting Judge
Perry); see also Acevado v. City of O’Fallon, 2007 U.S. Dist. LEXIS 38062, p. 11 (8th Cir. 2007)
(Conditions of confinement claims asserted by pretrial detainees are analyzed under the “deliberate
indifference standard” to determine if an inmate’s rights are violated under Section 1983) (citations
omitted). Indeed, despite Plaintiff’s myriad allegations of malice and deliberate indifference by the
Defendants (See Complaint, ¶¶ 3, 5, 6, 7, 12, 22), Judge Perry contravened her former rulings to
knowingly sanction the Mafia crimes. Accordingly, Judge Perry’s Judgment violates “the
substantive component of the due process clause [that] bars certain arbitrary, wrongful government
actions.” Therefore, because Judge Perry arbitrarily decided to sanction the Mafia crimes to
unlawfully further the Mafia crimes, she is unable to dispense justice impartially and recusal is
warranted.
In addition to committing several criminal offenses and neglecting to perform her mandatory
duties in furtherance of the Mafia crimes, Judge Perry deliberately misapplied case law in her
Judgment. Accordingly, the following points and authorities demonstrate Judge Perry’s deliberate
misapplication of case law to further the Mafia crimes and prejudice the Plaintiff.
The underlying basis for Judge Perry’s dismissal of Plaintiff’s Complaint was that
Government actors do not have a Constitutional duty to protect. DeShaney v. Winnebago County
Dep’t of Social Servs., 489 U.S. 189, 195 (1989) (“…nothing in the language of the Due Process
Clause requires the State to protect the life, liberty, and property of its citizens against invasion by
private actors.”); see also Sellers v. Bayer, 28 F.3d 895, 898 (8th Cir. 1997). However, myriad
appellate and Supreme Court rulings have ruled that DeShaney and its progeny are inapplicable to
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intentional acts and omissions committed by government actors. Davidson v. Cannon, 474 U.S. 350
prohibited by Government officials. Id. What’s more, the Supreme Court has consistently ruled that
grossly negligent conduct or reckless disregard on the part of the Defendants is sufficient to charge
them with arbitrary use of government power under ß 1983.* Daniels v. Williams, 474 U.S. 327, 334
n.3, 88 L. Ed. 2d 662, 106 S. Ct. 662; see also Jones v. Sherrill, 827 F.2d at 1106 (1987), see also
Nishiyama v. Dickson County, Tenn., 814 F.2d 277, 283 (1987) (en banc).
“Gross negligence” is not a simple standard to define, [but it can be stated that] “a person
may be said to act in such a way as to trigger a Section 1983 claim if he intentionally does
something unreasonable with disregard to a known risk or a risk so obvious that he must be
assumed to have been aware of it, and of a magnitude such that it is highly probable that harm will
follow.” Jones at 1106. Further, when determining whether a Government actor can be held liable
to a victim under Section 1983, the Courts have repeatedly held that a Plaintiff correctly pleads a
claim for relief if a Government official neglects his duty to protect despite knowledge of a
dangerous situation. (See Gregory v. City of Rogers, 974 F.2d 1006, 1010 (8th Cir.1992) (en banc))
(If sufficient evidence existed from which a jury could reasonably infer that police officers knew or
should have known that a dangerous situation was apparent when car passengers were intoxicated,
the plaintiff would have correctly stated a section 1983 claim). Concurrently, Plaintiff’s Complaint
included allegations of the Defendants maliciously neglecting the Mafia crimes despite knowledge
of his injuries. (See Complaint ¶¶ 3, 5, 6, 7, 12, 22, 54, 63, 85, 116, 119, 121, 138, 177).
Accordingly, the Defendants’ deliberate neglect of Plaintiff’s peril satisfies the sufficient conditions
*Other courts have resolved this question in a number of different ways. One circuit has held that recklessness or
deliberate indifference is both necessary and sufficient for liability. Bass v. Jackson, 790 F.2d 260, 262-63 (2d Cir.
1986). Others hold that gross negligence is enough. Colburn v. Upper Darby Township, 838 F.2d 663, 668 & n.3 (3d
Cir. 1988) (over Judge Garth's vigorous dissent, id. at 675-81); Metzger v. Osbeck, 841 F.2d 518, 520 n.1 (3d Cir. 1988)
(over Judge Weis's dissent, id. at 523); Vinson v. Campbell County Fiscal Court, 820 F.2d 194, 199-200 (6th Cir. 1987).
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for a well-pled Section 1983 claim.
The deliberate deprivation rule is a well-established norm that sufficiently imputes liability
to Government actors. “Whoever wields official power may not deliberately injure anyone.” Archie
v. City of Racine, 847 F.2d 1211, 1218 (7th Cir. 1988) (In denying Plaintiff a right to relief for a
Government actor’s negligent refusal to dispatch rescue services that inadvertently caused the death
of a victim, the Court ruled that the City of Racine would be liable if it deliberately refused to
provide competent ambulatory services). “To injure is to deprive of life or liberty without due
process. When holding in Davidson and Daniels that the Due Process Clause does not forbid
negligent deprivations, the Court recognized that the Constitution forbids deliberate, unauthorized
deprivations.” Id. Combining the deliberate deprivation rule with the tort law’s view of causation,
the Defendants are liable to the Plaintiff for deliberately neglecting their duty to enforce the laws
despite knowledge of his injuries. (See Complaint, ¶¶ 3, 5, 6, 7, 12, 22). Accordingly, Judge Perry’s
belief that “a state actor’s failure to investigate or prevent private violence does not give rise to a
cognizable claim” is erroneous (citing Judge Perry’s reference to Dorothy J. v. Little Rock School.
Distr. in her Judgment, p. 9). Defendants are liable when they maliciously refuse to investigate
despite knowledge of injuries to a victim. Id. Moreover, since the Plaintiff alleged the Defendants
deliberately neglected enforcement of the laws, Plaintiff stated a bona fide Section 1983 claim and
The Court sometimes treats the reckless infliction of injury as equivalent to intentional
infliction. See Whitley v. Albers, 475 U.S. 312, 319-21, 89 L. Ed. 2d 251, 106 S. Ct. 1078 (1986)
(Cruel and Unusual Punishments clause); cf. Daniels, 474 U.S. at 334 n.3 (reserving the question
whether either recklessness or gross negligence would be enough to make out a due process claim).
The equation of recklessness with deliberate conduct is familiar on the ground that reckless
disregard of a great risk is a form of knowledge or intent. E.g., Sundstrand Corp. v. Sun Chemical
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Corp., 553 F.2d 1033, 1039-40 (7th Cir. 1977) (securities laws); Model Penal Code ß 210.2(1)(b)
(1980) (treating reckless homicide as murder). An act is reckless in the pertinent sense when it
reflects complete indifference to risk--when the actor does not care whether the other person lives or
dies, despite knowing that there is a significant risk of death. See Model Penal Code 21 (defining
recklessness as “conscious disregard of [a] risk . . . [that] manifests extreme indifference to the
value of human life”). (See also Whitley, 475 U.S. at 321, adopting this court's definition in
Duckworth v. Franzen, 780 F.2d 645, 652 (1985), of recklessness (or “deliberate indifference”) in
constitutional law as “an act so dangerous that the defendant's knowledge of the risk can be
inferred”). This is the standard used in criminal law, for as the Courts have emphasized the use of
the more lenient tort-law definition of recklessness would not adequately recognize the difference
between constitutional and common law obligations. E.g., Duckworth and Smith-Bey v. Hospital
Administrator, 841 F.2d 751, 759-60 (7th Cir. 1988). Accordingly, the Supreme Court would hold
that a Government official who deliberately denies a person protection of the laws deprives that
Applying the correct common-law authority, it is clear that the Defendants are proscribed
from deliberately neglecting the Mafia crimes that are knowingly continuing. Judge Perry’s reckless
disregard of the well-established deliberate deprivation rule blatantly demonstrates her intentional
misapplication of common-law authority. On the one hand, the continuing Mafia crimes shock the
conscious and should have alerted Judge Perry to identify criminal wrongs being maliciously
neglected that required immediate judicial action pursuant to 18 USC § 4, 28 USC § 1361 and
others. On the other hand, Judge Perry is a sophisticated litigant who is cognizant of the deliberate
deprivation rule as a Constitutional norm. (See Steven Kern v. City of Gerald; Acevado v. City of
O’Fallon). Effectively, Judge Perry deliberately neglected the Mafia crimes despite knowing that
Daniels, Davidson, and their progeny reject Deshaney, Dorothy, Sellers, and others-- rulings that
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are applicable only to incidental wrongs committed by Government officials. Therefore, since Judge
Perry deliberately misapplied common law and rejected the deliberate deprivation rule, she
Where Judge Perry recklessly ignored the deliberate neglect committed by the Defendants,
she also wrongfully stated that Plaintiff alleged no facts to suggest that the Defendants
“affirmatively created” his peril or “acted to render [him] more vulnerable to danger” to give rise to
a cognizable section 1983 claim. (See Carlton v. Cleburne County, Ark., 93 F.3d 505, 508 (8th Cir.
1996). In contravention, it can be reasonably inferred from Plaintiff’s Complaint that a special
relationship exists between the Plaintiff and the Defendant law enforcement officials. The Courts
have repeatedly held that Government officials are liable to plaintiffs under section 1983 if a special
relationship exists*. “To establish that a special relationship exists between a local governmental
entity and an individual… the following elements must be shown: (1) an assumption by the local
governmental entity, through promises or actions, of an affirmative duty to act on behalf of the
party who was injured; (2) knowledge on the part of the local governmental entity’s agents that
inaction could lead to harm; (3) some form of direct contact between the local governmental entity's
agents and the injured party; and (4) that party's justifiable reliance on the local governmental
entity's affirmative undertaking.” Syl. Pt. 2, Wolfe v. City of Wheeling, 182 W. Va. 253, 387 S.E.2d
307 (1989). Concurrently, Plaintiff alleged in his Complaint that: (1) the Defendant law
enforcement officials assumed a duty to act (See Complaint ¶¶ 47, 79, 102, 103, 114, 188); (2) the
Defendants instructed Plaintiff to hire a private investigator before conducting an investigation but
* A review of the cases suggests at least two factors to consider in deciding whether a special relationship exists. One
factor that has been stressed is whether the danger which the defendant allegedly had a duty to prevent was directed at
the public at large or only at a specific individual. See Martinez v. California, 444 U.S. 277, 285, 100 S. Ct. 553, 559,
62 L. Ed. 2d 481 (1980); Fox v. Custis, 712 F.2d 84, 88 (4th Cir. 1983). Another factor to consider is how closely the
danger to the plaintiff is linked to actions of the defendant. See Byrne, 738 F.2d at 1446. Taking the Complaint as true,
the danger alleged was limited to the Plaintiff and the neglect of the Defendants was directly linked to his peril.
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then maliciously neglected the private investigator lying to the Police to obstruct justice and worsen
his peril (Id. at ¶¶ 103, 116, 121, 131-133); (3) the Defendants had knowledge of the harm inflicted
on Plaintiff as a result of their omission (Id. at ¶¶ 131-133, 135, 183-184, 186); (4) direct contact
existed between the officers and Plaintiff through his conversations and written correspondence (Id.
at ¶¶ 135, 186); and (5) Plaintiff reasonably relied on the Defendants’ representations to offer help
(Id. at ¶ 103, 187-188). Thus, the Complaint reasonably inferred a special duty exists and the
In contravention to Judge Perry’s ruling, the Government has an obligation to give aid [to a
Plaintiff who files a section 1983 claim] when it monopolizes the avenues of relief. See United
States v. Kras, 409 U.S. 434, 445, 34 L. Ed. 2d 626, 93 S. Ct. 631 (1973) (“When the government
does not monopolize the avenues of relief, or when it has already afforded process sufficient to
yield accurate decisions, it has no further obligation to give aid”); Ortwein v. Schwab, 410 U.S. 656,
35 L. Ed. 2d 572, 93 S. Ct. 1172 (1973); Ross v. Moffitt, 417 U.S. 600, 41 L. Ed. 2d 341, 94 S. Ct.
2437 (1974); United States v. MacCollom, 426 U.S. 317, 48 L. Ed. 2d 666, 96 S. Ct. 2086 (1976);
Pennsylvania v. Finley, 481 U.S. 551, 107 S. Ct. 1990, 95 L. Ed. 2d 539 (1987). Plaintiff alleged in
detail that the primary means by which the Mafia stalks, extorts, and tortures him is through illegal
communication devices accessed via amateur radio. (See Complaint, ¶ 8). The Federal
Communications Commission (FCC) and FBI are the only agencies in the United States responsible
for monitoring perpetrators who access radio waves to transmit or receive illegal communications.
Despite Plaintiff contacting the FCC and myriad third parties for protection, such as private
investigators, politicians, the ACLU, and others (See Complaint, ¶¶ 106, 187), Plaintiff was
repeatedly referred to the FBI to seek law enforcement assistance. Nonetheless, the FBI maliciously
denied Plaintiff’s complaint despite possessing the only resources to end the Mafia crimes.
Accordingly, since the Government monopolizes the avenues for relief and Plaintiff relies on the
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Defendants to provide protection, a special relationship was reasonably inferred and Judge Perry
Judge Perry dismissed Defendants A-1 and Bonine from Plaintiff’s section 1983 claim since,
“To state a [1983] claim that private individuals are fairly said to be state actors, a plaintiff must
allege facts showing a ‘joint action or conspiracy with state authorities.’” Skurtu v. Mukasey, 552
F.3d 648, 651 (8th Cir. 2008). Additionally, the Defendants were dismissed since “providing
information to a government agency is not grounds for a conspiracy.” Miller, 122 F.3d at 1098. In
contrast, once existence of a conspiracy is established, even slight evidence connecting a defendant
that he knowingly contributed. U.S. v. Lee, 743 F.2d 1240 (C.A.8 1998). Plaintiff affirmatively
stated that A-1 and Bonine partook in the conspiracy and shared a mutual understanding with the
Mafia and Defendants by knowingly impugning Plaintiff’s evidence to prevent an investigation. (Id.
¶121). Plaintiff alleged A-1 and Bonine made “malicious statements” and lied to the Police to
conceal bug sweep results that indicated Plaintiff’s residence and vehicle were bugged. (Id.) Not
only did A-1 and Bonine make malicious statements to the Police, but they also made the same
statements to doctors attempting to help Plaintiff. (Id.) Accordingly, A-1 and Bonine were not
merely negligent actors when answering questions for the STLPD. Rather, A-1 and Bonine had a
rights, and further the Mafia crimes. In accord with Davidson, Daniels, and their progeny, the
deliberate wrongs performed under the color of law impute liability for a well-pled Section 1983
claim. Albeit Judge Perry was aware that the deliberate deprivation rule was violated, she turned a
blind eye to plaintiff’s peril and maliciously misapplied case law to perpetuate the Mafia crimes. As
such, Judge Perry dispensed justice impartially to demonstrate the appearance of partiality.
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D. Selective Enforcement By the Defendants Is Grounds For A Section 1985 Claim
Judge Perry also deliberately misapplied case law in her Judgment by alleging Plaintiff did
not allege he was a member of a discriminated class. To establish a violation of equal protection, a
Plaintiff must show that: (1) he was selectively treated compared with others similarly situated, and
(2) the selective treatment was based upon impermissible considerations, such as membership in a
suspect class, intent to inhibit or punish the exercise of a constitutional right, or malicious or bad
faith intent to injure. Giordano v. City of New York, 274 F.3d 740, 750-51 (2001); Lisa's Party City,
Inc. v. Town of Henrietta, 185 F.3d 12, 16 (1999); LaTrieste Rest. & Cabaret v. Vill. of Port
Chester, 40 F.3d 587, 590 (1994). Concurrently, the following elements were logically inferred in
To establish selective treatment, a plaintiff must prove that he or she was similarly situated
to other people but was nevertheless treated differently. Penlyn Dev. Corp. v. Incorporated Vill. of
Lloyd Harbor, 51 F. Supp. 2d 255, 264 (E.D.N.Y. 1999). “To be similarly situated, the persons at
issue need not be identical, but must be similar in all material respects.” Holmes v. Gaynor, 313 F.
Supp. 2d 345, 355 (S.D.N.Y. 2004) (internal quotations and citations omitted). “The test is whether
a prudent person, looking objectively at the incidents, would think them roughly equivalent. Exact
correlation is neither likely nor necessary, but the cases must be fair congeners.” Penlyn Dev. Corp.,
51 F. Supp.2d at 264.
From the record, it is clear that the Defendants discriminated against the Plaintiff by
maliciously neglecting enforcement of the laws. When Plaintiff asked the STLPD’s Sergeant
Hampton if the Police followed a policy or procedure when investigating crimes, Hampton replied,
“Yeah, it’s called a crime. If it is true a crime, officers are bound by law to investigate. That’s what
16
their oath is. The investigation that we’d have to look into is if there is probable cause and if there
was an actual crime committed.” (See Complaint ¶114). Concurrent with Hampton’s statements,
since the STLPD Defendants are “bound by law to investigate” when probable cause is established,
it is reasonably inferred from Plaintiff’s Complaint that Plaintiff was discriminated against
sweeps, recordings of death threats, transcripts of A-1 and Bonine intentionally obstructing justice,
complaint letters that were maliciously neglected by Police officers, and other compelling evidence
that established probable cause of a crime. (Id. at ¶¶ 117, 135). Despite the STLPD’s custom of
investigating crimes against citizens, the Defendant police officers maliciously refused to enforce
the laws and intentionally allowed the Mafia crimes to persist. (Id. 122.). Thus, an issue of material
fact exists as to whether similarly situated complainants would receive Police assistance for Mafia
“The branch of equal protection law that protects individuals from unequal treatment
motivated by ‘malicious or bad faith intent to injure’ provides protection from adverse
Miranda, 394 F.3d 82, 87 (2005) (quoting Esmail v. Macrane, 53 F.3d 176, 180 (1995). Police
officers are under a “statutorily imposed duty to enforce the laws equally and fairly,” Thurman, 595
F. Supp. at 1527 (quoting Smith v. Ross, 482 F.2d 33, 36 (6th Cir. 1973) (per curiam). Although
victims lack a constitutional right under the equal protection clause to compel criminal prosecution
(Doe v. Mayor and City Council of Pocomoke City, 745 F. Supp. 1137, 1139 (D. Md. 1990) (“The
Court is not aware of a constitutional, statutory, or common law right that a private citizen has to
require a public official to investigate or prosecute a crime.”), the district court in Thurman
determined that “[p]olice action is subject to the equal protection clause… whether in the form of
17
commission of violative acts or omission to perform required acts pursuant to the police officer’s
duty to protect.” 595 F. Supp. at 1527. Applying Bizzaro, Doe and Thurman, a Police officer’s
(See also Davidson and Daniels). A leading legal commentator on Constitutional issues agrees. See
Laurence H. Tribe, American Constitutional Law 124 (2d ed. 1988) (“The interest in the just
enforcement then can that presumption be overcome”). Therefore, since the Mafia crimes are
continuing as a direct cause of the Defendant law enforcement officials’ malicious non-enforcement
of the laws (See Complaint, ¶¶ 51, 65, 85, 103, 119, 136, 138, 186, 188), Plaintiff correctly pled a
Where Plaintiff’s Complaint does not claim that the unequal treatment was due to his
membership in any protected class or racial or gender group, it can be reasonably inferred that he is
7, 22, 51, 85, 102, 138, 149, 177, 200). In Village of Willowbrook v. Olech, 528 U.S. 562, 145 L.
Ed. 2d 1060, 120 S. Ct. 1073 (2000) (per curiam), the Supreme Court held that plaintiffs need not
allege that they are part of a suspect class to state an Equal Protection claim. See also Bartell v.
Aurora Pub. Schs., 263 F.3d 1143, 1148-49 (10th Cir. 2001) (“Equal Protection affords protection
class.”). In their per curium opinion, the Supreme Court affirmed the class-of-one theory finding
that the purpose of equal protection “is to secure every person within the State's jurisdiction against
intentional and arbitrary discrimination.” Id. at 564, quoting Sioux City Bridge Co. v. Dakota
County, 260 U.S. 441, 445, 67 L. Ed. 340, 43 S. Ct. 190 (1923) (internal quotation marks omitted).
The Court stated that “these allegations [of irrational and wholly arbitrary treatment],… are
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sufficient to state a claim for relief under traditional equal protection analysis.” Olech, 528 U.S. at
565. Clearly, Plaintiff’s allegations of malice and ill-will by the Defendants logically infer he was
Some courts have attempted to cabin the reach of class-of-one equal protection cases by
demanding that plaintiffs present evidence not merely of arbitrariness but of malice or ill-will
against the plaintiff. Discovery House, Inc. v. Consol. City of Indianapolis, 319 F.3d 277, 283 (7th
Cir. 2003) (adopting Justice Breyer’s concurrence as the holding of Olech; noting that the malice
requirement “is a very significant burden” put in place to ensure that federal courts do not become
“zoning boards of appeal”); Harlen Assocs. v. Inc. Vill. of Mineola, 273 F.3d 494, 499-500 (2d. Cir.
2001) (personal animus is an element of a class-of-one case); Williams v. Pryor, 240 F.3d 944, 951
(11th Cir. 2001) (explaining Olech as “holding that plaintiff stated a constitutional Equal Protection
Clause cause of action by alleging that the village acted irrationally, wholly arbitrarily, and out of
malice toward plaintiff”). Other courts have adopted a similar approach. Bartell dismissed the class-
of-one claim because plaintiff provided “no concrete evidence of a ‘campaign of official harassment
directed against him out of sheer malice.’” 263 F.3d at 1149, quoting Esmail v. Macrane, 53 F.3d
176, 179 (7th Cir. 1995).). Despite the significant burden of stating an Equal Protection claim by
alleging malice, Plaintiff alleged ad nauseam that he suffered several adverse actions that were not
prompted by legitimate Government objectives and was singled out in violation of his Equal
Protection rights. (See Complaint, ¶¶ 5-7, 23, 85, 132, 177, 188, 202(A)). The outright use of malice
by Government officials is demonstrative to the exceptional circumstances of this case where the
Mafia is attempting to further their malevolent campaign against Plaintiff by conspiring with public
officials in plain view. Concurrently, based on the foregoing, a rational jury would conclude that the
Defendants’ actions were based on a personal vendetta against the Plaintiff. Moreover, Plaintiff’s
Complaint reasonably infers that he was singled out in violation of his Equal Protection rights, and
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Judge Perry deliberately neglected the malicious discrimination to dismiss his Section 1985 claim.
Pursuant to 28 USC § 1361, “The district courts have original jurisdiction of any action in the
nature of mandamus to compel an officer or employee of the United States or any agency thereof to
perform a duty owed to the plaintiff.” Concurrently, Judge Perry had a mandatory duty to grant
Plaintiff’s two emergency motions for injunction when probable cause indicated the Defendant law
enforcement officials were maliciously neglecting their affirmative duty to enforce the laws in
furtherance of the Mafia crimes. Notwithstanding, Judge Perry joined the aims of the conspiracy
and prejudiced the Plaintiff by denying Plaintiff’s Motion for TRO without conducting an
evidentiary hearing. The United States Supreme Court has noted in passing that “[t]he notice
required by Rule 65(a) before a preliminary injunction can issue implies a hearing in which the
defendant is given a fair opportunity to oppose the application and to prepare for such opposition.”
Granny Goose Foods, Inc. v. Brotherhood of Teamsters, 432 n. 7, 94 S.Ct. 1113, 1121 n. 7, 39
L.Ed.2d 435 (1974). Although “Rule 65(a) does not expressly require a hearing on every motion for
injunctive relief… where there is a presumption of irreparable harm… the court should conduct an
evidentiary hearing before granting or denying the motion.” Baker v. Buckeye Cellulose
In contravention to Rule 65(a), Judge Perry alleged in her Order that she believed Plaintiff
could not offer any evidence in support of his allegation that the Defendants were neglecting the
Mafia crimes. (See Judge Perry’s Order, 10/20/09). Judge Perry’s erroneous ruling was made in
contravention to Plaintiff’s evidence of Constitutional rights violations and irreparable injuries that
included, “…testimony, positive bug sweep confirmations, witness’ testimonies of damages and
injuries caused by the Mafia crimes, recordings of death threats, audio and video recordings of
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harassment from illegal communication devices, bugged equipment, and other evidence.” (See
Plaintiff’s Emergency Motion for TRO, p.3). Although Judge Perry had a duty to accept as true
Plaintiff’s factual allegations (Bell Atl. Corp. v. Twombly, 550 U.S. at 556 (2007) (“[F]acial
plausibility” exists “when the plaintiff pleads factual contents that allow the court to draw the
reasonable inference that the defendant is liable for the misconduct alleged.”)), she recklessly
neglected to prevent Plaintiff from being awarded an injunction without conducting an evidentiary
hearing. In patent dereliction to Rule 65(a), then, Judge Perry prejudiced the Plaintiff by refusing to
grant an injunction without holding an evidentiary hearing despite the presumption of irreparable
injury.
Despite Plaintiff proffering clear and convincing evidence of continuing rights violations that
overcame Judge Perry’s grounds for denying Plaintiff a TRO, Judge Perry proceeded to erroneously
allege Plaintiff was time barred by the 2-year statute of limitations since he allegedly “discovered”
violations of the Communications Act in 2001. In contrast, according to the “discovery rule,” there
is no actual or constructive knowledge of a wrong until the plaintiff has sufficient information to
file a complaint that would survive a motion to dismiss. Burd v. New Jersey Tel. Comp., 76 N.J.
284, 291-92 (1978). “The discovery rule is essentially a rule of equity” developed “as a means of
mitigating the often harsh and unjust results which flow from a rigid and automatic adherence to a
strict rule of law.” See Lopez v. Swyer, 62 N.J. 267, 273-274 (1973). The determinative factors [in
discovery of a wrong or injury] may include but need not be limited to: the nature of the alleged
injury, the availability of witnesses and written evidence, the length of time that has elapsed since
the alleged wrongdoing, whether the delay has been to any extent deliberate or intentional, whether
the delay may be said to have peculiarity or unusually prejudiced the defendant. Id. at 276. In
accord with the Complaint, Plaintiff was entitled to injunctive relief since the discovery of
information equating to a cause of action was not fully discovered until May of 2009 when
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Assistant Attorney General Mark Kappelhoff denied Plaintiff’s Complaint against the Defendants*.
The Supreme Court has held that “the discovery rule centers upon an injured party’s knowledge
concerning the origin and existence of his injuries as related to the conduct of another person.”
Lynch v. Rubacky, 85 N.J. 65, 70 (1981) (emphasis added). Thus, “when a party is either unaware
that he has sustained an injury or, although aware that an injury has occurred, he does not know that
it is, or may be, attributable to the fault of another, the cause of action does not accrue until the
discovery of the injury or facts suggesting the fault of another person.” Tevis v. Tevis, 79 N.J. 422,
432 (1979). Consequently, “[t]he discovery principle modifies the conventional limitations rule ...
to the extent of postponing the commencement of accrual of the cause of action until plaintiff
learns, or reasonably should learn, the existence of that state of facts which may equate in law with
a cause of action.” Burd v. New Jersey Tel. Comp., 76 N.J. 284, 291-92 (1978). Hence, because
Plaintiff was maliciously obstructed by the Defendants from discovering the origin of illegal
communication devices and did not possess knowledge sufficient for a cause of action until the
obstruction ended in May of 2009, Plaintiff was within the limitations period and an injunction was
warranted.
In addition to the discovery rule, the “continuing violation” doctrine states that activity
*Defendants A-1 and Bonine denied the presence of illegal communication devices in January 2007 to
prevent knowledge of the devices from being obtained. (See Complaint ¶¶106, 122). Although Plaintiff
discovered the presence of an illegal phone tap in March 2007 to disprove A-1 and Bonine’s malicious
statements (Id. at ¶127), the STLPD proceeded to obstruct justice and wrongfully deny him an investigation
for the Mafia crimes in September 2007. (Id. at ¶138). In lieu of the STLPD’s refusal to investigate and
discover the crimes, Plaintiff discovered sufficient evidence for a cause of action for the use of the devices in
January of 2008 when threats were recorded from his Apple iPod equipment. (Id. at ¶155). Plaintiff
proceeded to file a complaint against Bonine, Apple, the STLPD, and LAPD with the FBI in March of 2008.
(Id. at ¶168). After the FBI directed Plaintiff to file a complaint with the state Police (Id. at ¶170), Plaintiff
refiled his complaint with the STLPD and again the FBI in March of 2009. (Id. at ¶183, 186). Plaintiff
finally received actual knowledge of the USDOJ’s refusal to correct the official misconduct in May 2009.
(Id. at 188). Thus, Plaintiff was obstructed until May 2009 from seeking injunctive relief, and he promptly
filed this lawsuit on or around July 15, 2009.
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occurring beyond a statute of limitations period can be challenged if it is part of a pattern of
discrimination that extends into the limitations period. Chambers v. American Trans Air, Inc., 17
F.3d 998 (1994), certiorari denied 115 S.Ct. 512, 513 U.S. 1001, 130 L.Ed.2d 419. For continuing
violations, the Courts link time barred acts with acts in the limitations period as one continuous act
that ends within the limitations period. Shanoff v. Illinois Dept. of Human Services, 258 F.3d 696
(2001). Furthermore, under the “continuing wrong doctrine,” when a tort involves continuing or
repeated injury, a cause of action accrues at, and limitations begin to run from, the date of last
injury; in other words, the statute of limitations does not begin to run until the wrong is over and
done with. Tiberi v. CIGNA Corp., 89 F.3d 1423 (1996); see also Kahn v. Kohlberg, Dravis,
Roberts & Co., 970 F.2d 1030 (1992) (Claim accrues each time plaintiff sustains damages). Applied
to Plaintiff’s current calamity, the Mafia’s current use of illegal communication devices extends
Plaintiff’s right to injunctive relief for an additional 2 years or until the continuing violations end.
Capital Telephone Co., Inc. v. F.C.C., 777 F.2d 868 (1985). (Two-year statute of limitations did not
preclude the Federal Communications Commission from finding unlawful discrimination on part of
wire line company against radio common carrier, where wire line company’s actions constituted
continuing violation such that FCC could predicate perspective relief on long-standing conduct);
see also Communications Act of 1934 § 415(b), 47 U.S.C.A. § 415(b). Therefore, Plaintiff was
entitled to injunctive relief and Judge Perry deliberately ignored new and reoccurring violations of
the Communications Act to wrongfully render criminal assistance to the Defendants and
4. Conspiring With the Mafia To File A Sua Sponte Judgment To Prevent Plaintiff From
Seeking Relief
Judge Perry’s knowledge of the Mafia crimes and her malicious neglect of her judicial
duties are sufficient to demonstrate she conspired with the Mafia to wrongfully dismiss the
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Complaint and prejudice the Plaintiff. U.S. v. Lee, 743 F.2d 1240 (1984) (Once existence of a
contributed.). Even a single act may be enough to draw a defendant within the ambit of a conspiracy
where it is established that the defendant knew of the conspiracy and associated himself with it.
U.S. v. Kirk, 534 F.2d 1262, C.A.8 (Mo.) 1976. Judge Perry’s unlawful motive to file a sua sponte
Judgment and perpetuate the crimes was evidenced in the Mafia’s threats to throw out the case and
the illicit stalking, extortion and torture that continued despite her mandatory duty to order an
injunction and end the Mafia crimes. (See Complaint, ¶¶ 94*, 161, 171; see also Plaintiff’s Motion
for TRO, Motion for Preliminary Injunction, and Motion to Proffer Evidence). Accordingly, Judge
Perry’s filing of a sua sponte Judgment despite knowledge of the Defendants’ malicious neglect and
continuing crimes demonstrates she conspired to dismiss Plaintiff’s Complaint and prejudice the
Plaintiff.
Sua sponte Judgments are typically not favored and complaints should not be dismissed if it
appears beyond doubt that a plaintiff can prove facts that would entitle him to relief. Murphy v.
Lane, 833 F.2d 106 (1987); See also Hicks v. Tarrant County Texas, 242 Fed.Appx. 160 (2007)
(Sua sponte dismissal of state prisoner’s §1983 complaint for failure to state a claim without
affording him an opportunity to offer a more detailed set of factual claims was premature, since
allegations that county jailers violated his rights by failing to protect him, if developed further,
might have stated a cognizable §1983 claim.). Where a complaint can be remedied by an
amendment, a district court may not dismiss the complaint with prejudice, but must permit a
plaintiff to amend. Denton v. Hernandez, 504 U.S. 25, 34 (1992). Judge Perry was aware Plaintiff
* In October 2005 and dates thereafter, the Mafia taunted Plaintiff and referred to controlling Eastern District
of Missouri’s Judge Autrey and the FBI by exclaiming, “Autrey!” and, “The FBI is the Illuminati!” (i.e., a
terrorist group that allegedly controls the Mafia).
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could change the name of Defendant “the St. Louis County Police Department” to “the County of
St. Louis” to correctly state a cause of action but recklessly dismissed his Complaint to prevent him
from amending. Nonetheless, Plaintiff changed the name of Defendant “the STLPD” to “the County
of St. Louis” in his Request for an Order in Response To Plaintiff’s Emergency Motion For
Preliminary Injunction. Although a plaintiff may not amend his complaint through arguments in his
brief, he may explain in his memorandum that the complaint as worded encompasses a claim that
would entitle him to relief. Harrell v. United States, 13 F.3d 232, 236 (7th Cir. 1993); see also
Swofford v. Mandrell, 969 F.2d 547, 549 (7th Cir. 1992) (The court’s obligation to liberally
construe a pro se plaintiff's pleadings includes a duty to consider allegations found in other
documents filed by Plaintiff.). Accordingly, Plaintiff’s Complaint inferred that the County of St.
Louis has a custom of neglecting criminal complaints by citizens against the Mafia to demonstrate
an unlawful custom in violation of Section 1983. (See Complaint, ¶ 6). Despite the reasonable
inferences that entitled Plaintiff to a cause of action, Judge Perry deliberately ignored facts and
The district court should not dismiss a complaint sua sponte without first giving the plaintiff an
opportunity to respond. Huber v. Taylor, 532 F.3d 237. In contravention to Judge Perry’s belief that
Defendant Unknown FBI Agents filed a motion to dismiss (See Judge Perry’s Judgment, p. 10
footnote), the record shows that the FBI never filed a response. Bennett v. U.S., 389 F.Supp.2d 121
(2005) (Sua sponte dismissals are erroneous unless the Plaintiff has been afforded notice and an
opportunity to amend the complaint or otherwise respond.); see also American United Life Ins. Co.
v. Martinez, 480 F.3d 1043 (2007). Additionally, Plaintiff was prevented from filing a Second
Amended Complaint when the US Post Office neglected timely delivery of the opposing parties’
documents to the Plaintiff. (See Plaintiff’s Notice To the Court Regarding His Motion To Respond
To Defendants STLPD, Boschert, and Williams’ Motion To Dismiss Plaintiff’s First Complaint; see
25
also Plaintiff’s Motion for Extension of Time, submitted on December 31, 2009). Plaintiff’s Second
Amended Complaint would have cured the Complaint of its alleged deficiencies (e.g., changing the
name STLPD to “County of St. Louis”). Notwithstanding, Judge Perry hastened to file a sua sponte
Judgment to prevent Plaintiff from seeking relief and to further the Mafia crimes. Therefore,
because Judge Perry conspired with the Mafia to dismiss his Complaint, she demonstrated
V. CONTINUING CONSPIRACY
Currently, a major treason conspiracy is afoot in the United States that involves the Mafia
corrupting citizens, businesses, and Government officials to strengthen their cartel in the United
States. According to the Italian Parliament’s Anti-Mafia Commission, the Italian Mafia operates
primarily through Freemasonry (i.e., a religious fraternity that practices black magic for the worship
of Satan) “to offer the Mafia a formidable instrument to extend their own power, to obtain favors
and privileges in every field: both for the conclusion of big business and ‘fixing trials,’ as many
collaborators with justice have revealed.” Relazione sui Rapporti tra Mafia e Politica, p. 59 (Rome,
1993). Plaintiff has proven and rightfully believes that the Mafia has used its connections to cause
Judge Perry’s unlawful Judgment and extend their tyrannical control over the United States. Judge
Perry’s bizarre and unlawful sanctioning of the stalking, extortion and torture demonstrates the
Mafia’s disorganized attempt to further their psychopathic stalking campaign that has lasted over 9
years.
On or around January 8, 2010, Plaintiff proceeded to file a complaint with the Beverly Hills
Police Department to prevent the continuing Mafia crimes (See Exhibit 1, Letter to BHPD Sergeant
Publicker). Nonetheless, because Judge Perry erroneously ruled that the Plaintiff could never seek
injunctive relief for the Mafia using illegal communication devices and the Police and FBI have no
Constitutional duty to protect, the Mafia proceeded to allegedly conspire with BHPD officers to
26
maliciously neglect Plaintiff’s injuries. Consequently, the abridgement of Plaintiff’s rights
continued as he was prevented from establishing relationships, pursuing modeling, acting and career
opportunities, worshipping peacefully at his Beverly Hills church, residing in safety at his
residence, and contracting in society. The conspiracy worsened when Plaintiff proceeded to
purchase two Blackberry cellular phones that the Mafia bugged to perpetuate their stalking
campaign. The crimes would not have occurred if Judge Perry performed her mandatory duty
inherent within 18 USC § 4, 18 USC § 3041, 18 USC § 2382, 28 USC § 1361, 18 USC § 1505,
RSMo 562.016(5), and others. Accordingly, Judge Perry maliciously caused the Mafia crimes and
VI. CONCLUSION
Imperative judicial duties inherent in 28 USC §1361, 18 USC § 4, 18 USC § 1505, 18 USC
§ 3041 and other statutes obligated Judge Perry to perform her mandatory duty to act without delay
in the exceptional circumstances of this case. By and through her Judgment, Judge Perry unlawfully
rendered criminal assistance to the Defendants by sanctioning their criminal neglect of the Mafia
crimes. Judge Perry possessed knowledge of their commission and had a mandatory duty to
administer statutes and laws established by the legislature, but maliciously neglected her judicial
duties-which is treason. In effect, Judge Perry acted outside the scope of her judicial capacity to
maliciously neglect Constitutional and statutory rights violations occurring to Plaintiff. Every one of
these willful, prejudicial, and illegal acts and omissions favor the Defendants to the detriment of the
Plaintiff and have without a doubt left Judge Perry’s impartiality in question. Statute 28 USC § 455
Pursuant to 18 USC § 2381, “Whoever, owing allegiance to the United States, levies war
against them or adheres to their enemies, giving them aid and comfort within the United States or
elsewhere, is guilty of treason… and shall be incapable of holding any office under the United
27
States.” Concurrently, Judge Perry’s malfeasance in public office demonstrates her allegiance to the
Mafia and their unlawful designs against democracy in the United States. Judge Perry willfully and
knowingly turned a blind eye to the sadistic ritual abuse of Plaintiff by maliciously neglecting her
judicial duties. The record clearly reflects her prejudicial disposition toward the Plaintiff in her
arbitrary decision making and malicious neglect of her mandatory duty to grant a preliminary
injunction that would have ended the irreparable injuries suffered by the Plaintiff.
If followed, Judge Perry’s Judgment would allow other extremist terrorist groups to commit
treason against the United States through sanctioning criminal negligence committed by law
enforcement officials. However, it is well established that Police officers are not immune from acts
by Government officials violates basic Constitutional norms. Furthermore, since statutory law is
instructive to common law and Judge Perry violated several criminal statutes, she demonstrated
extrajudicial conduct to warrant recusal. Any average person on the street with knowledge of the
circumstances would reasonably question Judge Perry’s impartiality. Therefore, since the
appearance of partiality is grounds for recusal under Section 455, Judge Perry should be
disqualified.
WHEREFORE, because Judge Perry has dispensed justice partially in violation of Section
455, Plaintiff Gregory McKenna moves this Honorable Court to disqualify Judge Perry for her
prejudicial acts against the Plaintiff. Plaintiff also prays that this Honorable Court perform its
mandatory duty in terms of 28 USC §1361, 18 USC § 4, and others and order a preliminary
injunction to immediately end to the Constitutional and statutory rights violations, Mafia crimes,
and treason against the United States. Plaintiff also prays for all other relief that this Court deems
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Respectfully Submitted,
Gregory McKenna
Pro Se Plaintiff
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