NOTE: Since this article was written, several notifications from the appellate court came in, announcing more briefs being filed, an OK for one of the criminals to get more time granted him to file his brief (as if a month and a half and the fact that it was filed over 2 weeks before the due date, wasn't enough), and two that informed me that the replies I had filed were filed in the wrong categories; not that any layman would have the first clue where to file theirs either; since the categories; not at all similar to any state or Fed District court filing system I have used thus far; appear at first to describe where to file any of the usual gamit of legal papers; and are quite vague too. Not only that, but they chose AFTER I filed 2 answers to inform me that I wasn't to file an answer to each of the attorney's briefs, only one for all. Gee, thanks for telling me that NOW. Lord knows, it takes 2 tons of weight off of my shoulders to only have to do one at the conclusion of the filings, since every single attorney just says the same damn things in unison in their defense; not only on the appellate level, but have simply carried over the same lame defenses from the District Court level. The appeal, of course, happened because of the total non-interest of the District Court Judge in even reading, relating or finally, addressing the actual facts of the case (for more information, see my opening brief at this address, totally flying over the 2nd case and not even issuing the summons for them before rashly deciding BOTH cases on the same day, within an hour of each other, after 8 months of claimant-related silence and doing absolutely nothing concerning our motions at all. Even with that said, and following a very long and arduous, yet BRILLIANT appellate opening brief, the criminals, not unlike most parrots I've met, continue to squawk about only their immunities to my suit, and the usual stuff, all done to DEATH on the District level already. Go figure. I'm sorry....please, continue on.
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Well kids, the appellee briefs have finally begun rolling in, just in time for Christmas too, eh?
So far, I must say that I'm rather disappointed. Seems those same defenses, already beat to DEATH in the Federal District Court, are still being beaten here on the appellant level.
Naturally, we'll be updating this post often and peppering it with their initial briefs, my answers and their responses to those answers. Unlike when this crap appeared on the District Court level, over....and over....and over again, and I answered it the same over and over; I am just going to present whatever I feel like, in complete and utter disdain to all these idiots present the court.
NOTE: Something else you and I will easily notice, are the words that these documents are now RESTRICTED (at the bottom of every page)...I don't know what that's supposed to mean, but I really don't care either. We Americans have this little right....can't remember, something about FREE SPEECH I'm thinking, and you know how I already feel about Confidential court docs, gag orders, sealing cases and the like...so if they wanna go, they know where to find me.
Let's kick things off with the brief of the attorney defending Jake the Dick Lancaster, and move on from there:
Now, sprinkled with the usual shower of brilliance from this claimant, our response to this crap:
Christopher,
the Living Man and Elizabeth, the Living Woman do submit this answer to the
brief submitted concerning defendants Lancaster and the D.M.P.D., a “non-suable
entity.”
Once
again, the attorneys for the defendants in these cases like to focus on things
that do not matter or belittle facts that are stated clearly enough. As this is their job, we the claimants expect
nothing less; especially since the rope they once hung from safely just above
the floor of the law has now become more of a string over a chasm. In addition to this; even WITHOUT actual
proof, let’s be honest here: who could
possibly make up claims like those brought by the claimants against defendant Lancaster
and the other listed defendants?
More
so, Mr. Lancaster’s attorney is attempting to overlook a very important
issue: There are two cases here…not
one. The question is not whether the Des
Moines Police Department is a suable entity, or whether defendant Lancaster had
been dismissed in “Bruce 1;” it is whether the District Court Judge made a
proper ruling in BOTH matters; and completely avoids stating that Mr. Lancaster
was re-cast as a defendant in “Bruce 2.”
Therefore, as should be apparent, Mr. Lancaster was never “dismissed” at
all, just let go of for a minute, legally, so that the claimants could get a
better grip on him that he couldn’t weasel out of…also legally. As to the defending entity, the Des Moines
Police Department as a whole? They were
excused a very long time ago.
As
to the whole rule 12(b) excuse the entire world is trying to use; the claimants
have no need whatsoever to only rely on their “baseless threadbare recital” of
these claims; as ample evidence of the defendant, Mr. Lancaster acting far outside
of the role of his official duties are still able to be found just about
everywhere you could possibly look, including the internet. The record of the criminal and juvenile
courts of Polk County should more than suffice; but since “all you could ever
want or need” is never enough for the courts when officials are being sued by
this country’s citizens; the claimants will give the defendants and the courts all
they could ever want or need and more.
The
claimant Christopher’s face is, even to this day, STILL on the Facebook page of
the Des Moines Police Department; evidence we have attached to this reply as an
additional exhibit. If it would behoove
this court to note, also; beside the claimant’s picture; the comments by those
of his friends of 20 years or better, those highlighted for the court in
yellow; all expressing their utter disbelief at what was being accused of the claimant,
Christopher.
More
so, it has been ruled in several court cases over the years that there is no
truer evidence of the facts behind a series of events, just shy of bodies,
blood and fingerprints, than a time and date stamped account of the events as
they happened. The claimant,
Christopher, has duly documented nearly every moment of his life since the
claimants’ daughter was unlawfully removed from their care on his personal
blog; and it contains more than enough references to all that occurred with
Defendant Lancaster. The claimants have
found the articles that refer to these events and have attached to this reply
the list of their names and the dates they are stamped with; as well as the
general web address. The entire blog was
submitted to the Federal District Court as an exhibit, with an identifier
page. Certainly, the relation of events
in the blog is sure to be a bit one-sided in favor of the claimants; but more
than enough pictures, court documents and evidence is shown on these posts and
in reference to this event, as well as all that happened in the case, to back
up all of what the claimants have stated against this defendant; as well as all
the others.
Added
to that, every fact stated in claim against this defendant is also in the blog,
in nearly exact duplication. As it
concerns traumatic experiences in relation to their often-unwitting victims; at
least for those who do not, instead, elect to subconsciously block the
experience out of their minds; it is nearly impossible for those affected by these
traumas to miss even one detail; as it sometimes seems to the victims of these
events that they occurred just yesterday.
This court can be most assured that it has been like this for these
claimants for 4 long years. As every
violation of these claimants’ rights is often executed to a traumatic level;
there is no one fact that is ever missed, or a single word or sentence that
varies one iota, as the claimants relate these events repeatedly, for nearly
every single court they have had to endure.
Therefore,
concerning the facts of the claim against this defendant and all just stated;
this court should consider that those who seek to mislead those of law
enforcement and the courts tend to change their story a lot; and, due to the
evidence of the facts provided both the District Court and this appellate court,
it should be evident that the facts of damage of the claimants, as they are
stated; due to the unwarranted and vindictive actions taken by this defendant, remain
the same, no matter how many years it has been; and no matter how many times that
story is told. Relying on ONLY the claim
in “BRUCE 2” and the claimant Christopher’s blog posts; it should be the
opinion of this court that defendant Lancaster did, in fact, go far outside of
the scope of his duties to cause the claimants; both Christopher AND Elizabeth,
to miss their Termination of Parental Rights hearing, in collusion with
defendants Price, Bell, Rhinehart, Nieman, Brownell and Gosch; as he acted in
his alleged official capacity as a detective for the Des Moines Department, was
allegedly granted authority to exercise his jurisdiction over the claimant,
Christopher while he resided 84 miles away in Carroll, Iowa, utilizing Iowa’s
un-Constitutional state codes to accuse Christopher falsely of a crime that
involved no real damage of any person or anything belonging to a person; using
no true evidence of an event that occurred over a month and a half prior to the
date of the warrant issued for the claimant’s arrest. The claimant never, per any evidence that was
ever filed in the criminal case itself; or anywhere else on earth, for that
matter; threatened the life of the alleged victim, Defendant Emily Nieman, or
the other alleged victim, defendant Gosch.
The transcripts of the statements that had been left for these workers on
their voicemails were FILED ON THE RECORD OF THE POLK COUNTY JUVENILE COURT
directly following the event, and neither one threatened anything save their
jobs. NO EVIDENCE of the threat to Ms.
Nieman’s life was EVER filed by defendant Lancaster or defendant Bell in the
criminal case itself; since none EVER existed.
Finally,
since the attorney representing this defendant insists on bringing up that no
rights of the claimant, Constitutional or otherwise have been violated in this
matter by either Mr. Lancaster or that already forgotten non-suable entity; the
claimant, Christopher states that, in calling these workers, he was, on this
occasion, exercising his right to speak freely, as granted him by the first Amendment
of the Constitution of the United States.
Also, as per the facts, presented this court in ABUNDANCE, the claimant
didn’t speak directly to these workers; he called and left voicemails for them
instead, on purpose, as he didn’t wish to speak to either of them. As related in their claim; one worker was
their ACTIVE CASEWORKER AT THE TIME, while their case was STILL OPEN (defendant
Gosch); and the other he had not called or talked to since she broke several
federal laws removing his daughter; 6 months prior to this event (defendant
Nieman.) Following the phone calls made to
both workers, in January, 2015, the claimant, Christopher, has never called or spoken
to either of them or their voicemails, since.
As
should be apparent, according to the evidence provided both the district and
appellate courts, no threat was made; save one alluding to the possible loss of
their jobs. With no argument possible, therefore,
these charges were fabricated; meaning the arrest of the claimant, Christopher,
all by itself, executed by those of the President’s Secret Service at the
behest of defendant Lancaster and others, was unlawful; and a violation of the
claimant Christopher’s rights, in total.
The claimants also include the most unnecessary month-long harassment of
the claimant Christopher’s mother and brother by this defendant. To further stave off the Rule 12(b) dismissal
possibility, the claimants’ relatives are willing to submit affidavits to this
fact, gladly. Included also is, the
libel of the claimant Christopher that still occurs to this day accusing him of
these fabricated crimes; as his picture and the accusations remain on the
DMPD’s Facebook page; evidently for eternity.
Finally, there’s the move of Mr. Lancaster in calling the PRESIDENT’S
SECRET SERVICE; telling them that the claimant Christopher had allegedly “threatened
the life of the President,” because he said, on his blog, “I’m going to
Washington, and I’m going to camp out on Obama’s doorstep until he does
something about the corruption in my state”; convincing them of this laughable
“threat” in order to have them locate the claimant for him by his computer’s IP
address, something the DMPD has no authority to do – not that the federal
government did either, but that’s another matter.
All
of this – because claimant Christopher allegedly harassed a couple of social
workers? If these are routine duties for
a detective of any police force, concerning someone who has allegedly committed
these petty “crimes”, then someone in oversight needs to start paying attention
to what these people are doing and what they should be allowed to do, and to what
length; in order to affect an arrest. A
rather excessive amount of taxpayer dollars went towards all the work this
defendant engaged in for over a month, to find the claimant, Christopher and
arrest him; to possibly find him guilty of charges of 2 simple misdemeanors and
an unprovable aggravated misdemeanor of harassment. The claimant states, in truth, that the only
reason Mr. Lancaster even brought these false charges against the claimant,
Christopher, was at the behest of; and in collusion with defendants Gosch,
Nieman, Rhinehart, Bell, Sarcone, Price and Brownell to cause the claimants to
be too afraid to show up at their termination hearing, for fear Christopher,
would be arrested; after which they could say (and did, quite often, in the
Supreme Court cross-appeal) that the claimants had no standing to appeal, per
Iowa’s unlawful juvenile code, because they did not appear for their
termination hearing.
This
should make it evident to this appellate panel that Mr. Lancaster not only went
well outside the scope of his duties, he nearly lost his mind trying to, first,
cause the claimants to miss their termination hearing; then, vindictively
carried this charade out well after they had gotten what they wanted (the
claimants to miss their hearing) up to the claimant’s eventual arrest a whole
month later, and all the way up to just mere days before the jury trial a month
after that; as well as a full month after he had plead out to the 2 lesser
charges. Interestingly enough, the attorney
for Mr. Lancaster neglects to mention the much more serious allegation that was
dropped. Finally, when no other
retribution or delay was possible, defendant Bell and his boss, Sarcone, FINALLY
dismissed its primary charge; not because the claimant had “plead guilty to the
two lesser charges” as they falsely claimed; but because they HAD NO EVIDENCE
OF THE CRIME. Claimant Christopher
states that this was done, because while the defendant hunted the claimant
Christopher like a dog for these “crimes” and continually harassed his family
to give them his location (that they did not ever know), claimant Christopher
stated, several times in his blog, that it was not likely that Mr. Lancaster
was competent enough to find out where the claimants had moved to and arrest him.
In
conclusion, the claimants dismissed the defendant, Mr. Lancaster and dropped
naming the other forgotten un-suable entity in “Bruce 1”; this fact they do not
dispute; but they did it only to file against Mr. Lancaster as an individual in
“Bruce 2”; and, since the claimants had no knowledge on how to write their first
claim; it was argued that there had been no viable claims of damage in “Bruce
1”, and the district court had made it apparent that there could would be no
amendment possible. Also, per the rules
of court, no attorney could be expected to be appointed on the claimants’
behalf; and the claimants cannot afford to pay one. Also, in the instructions of filing a civil
suit, it says that, should you be suing an official that you should also name
the branch of “Government” for which they work; and the claimants did so. Their original claim in “Bruce 1” had not
listed the defendants’ corporate fictions as separate defending parties; they
simply did as they were instructed; and placed these entities as headers above
each group of defendants. When the
summons were sent to the claimants, included were separate summons for the
defendants’ places of employment; much to the confusion of the claimants. When the claimant called the clerk of the
District Court to find out why, they answered that they could not tell the
claimants whether they should serve them or not; since that would constitute the
clerk giving the claimants legal advice.
Since they were included, the claimants then served these entities as
well since they did not want to lose due to a technicality, an error the
claimants will not soon repeat.
Concerning
“Bruce 2,” a claim that names these defendants as individuals; one attorney;
mistakenly, I’m sure: specifically noted in his answer to the claim in “Bruce
1” that these claimants were suing these individuals as they were operating in
their official capacities, affording them all manner of immunities; and more
ridiculous defenses the claimants would just as soon forget. The claimants, in “Bruce 2” omitted naming
these places of employment as defending parties (the claimants restate here
that they NEVER intended these entities to be defending parties) and
resubmitted a new claim, corrected to include proper claims of damage and more.
Since the defendants’ places of employment were not included in “Bruce 2”; all
arguments of the attorney for Mr. Lancaster and the DMPD itself are essentially
moot concerning whether the department itself can be sued; since the Des Moines
Police Department is no longer listed as a defending party in “Bruce 2”. As to the defendant, Jake Lancaster, the
individual, his actions while acting in his ALLEGED authority against the
claimants cannot possibly be construed; by anyone with any sense or reason at
all; as anything but conspiratorial and vindictive; as well as far outside the
scope of this defendant’s duties while he acted as a police detective; as he violated
the civil rights of the claimants Christopher and Elizabeth in every possible
way.
Christopher (Bruce), The Living Man
Now, my evidence addendum to our answer, containing screen shots of the continued libel of li'l ol' me:
Next we move on with the State's brief in defense of their crooks masquerading as Polk County Iowa Judges:
Christopher,
the Living Man and Elizabeth, the Living Woman do submit this answer to the
brief submitted concerning defendants Kelly, Blink, Egly, Price, Vaudt, Hurn,
and White.
The
attorney for these INDIVIDUALS; as they were so deemed to be in “Bruce 2”; who
were, in fact, all acting, utilizing color of State Law, in their alleged
official capacities as judges and one Guardian Ad Litem for the County of Polk,
in Des Moines Iowa; has divided the submitted brief into 3 parts; and the
claimants will answer to this brief in the same manner and order. The claimants; in every answer to each and every
brief submitted by these defending attorneys; will not be acknowledging or
referring to anything said in them, in particular; as they all say pretty much
the same exact things; and these attorneys all defend their positions based on technicalities;
case law or doctrines that never seems to even closely mirror anything being
addressed or referred to in the case; let alone the fact that their briefs; as
well as all decisions made by these “Judicial Officers” and their cronies over
the last nearly 5 years in every state District and Supreme Court and, more
recently, the Federal District Court all boil down to the same thing: No one of The People can bring a remotely
successful suit and expect to get anywhere with it; as long as it involves
someone in an alleged official capacity in ANY capacity… not just against a
judge or an attorney either, but against anyone occupying anything that even
looks like, smells like, or is related to, in any way, any official elected office
containing any person, male or female, on any level, whether City, County,
State or Federal; from a Supreme Court Justice all the way down to the janitor
mopping the floor at the request of said Justice, and expect to receive a fair
or speedy trial, an impartial jury or a reasonable or logical order, opinion or
decision that might possibly award anyone anything that might be called
“Justice”, since even just “The rules” of all of these courts tend to put a
stop to these cases long before those who bring suit can even get the idea that
maybe they may be entitled to some sort of justice; let alone all the
immunities and all-encompassing excuses and reasons they can all weasel away
from all accountability for all they do against the people; regardless of the
crimes committed against them, regardless of which or how many purposeful
violations of the rights of one or more of the citizenry in question might
occur; and no matter for what purpose or motive these violations occurred; or
for how long they’ve occurred.
The
claimants, from now on, wish to make dealing with us much easier, on everyone
involved. Stop working so hard on these parroted
and quizzical briefs and orders; devoid of all logic and reason; filled with dug-up
unknown and unverifiable case law containing opinions of Justices that were
probably just having a bad day or hearing matters concerning people they didn’t
like because they breathed the same air they did and downright smelled funny; -
and you all can just send this single message to us instead; as it is just as easily
understood and as crystal clear as when we read the same message between the
lines of every brief and order that hits the docket: Are your unalienable, civil, Constitutional
and due process rights being violated?
Are felonious and even federal grade crimes being committed against you
in earnest by those in elected office, in great numbers; for years on end? Are your court hearings, judicial officers
and even your own attorneys working against you in concert; as they collectively
conspire to fabricate charges against you, libel and slander you continually
and feed false stories to the local papers that do the same; call the
President’s own Secret Service on you to arrest you for the petty, code-defined
alleged “harassment” of some insignificant Child Protective workers with a God
complex; using non-existent evidence or other evidence that no normal person,
in their right mind, would consider to be anything but speaking your mind
freely, per your unalienable and Constitutional right to do so; forge your
signatures (as well as judges’ signatures) on your paperwork, impose
un-Constitutionally outlandish sky-high bails and bonds against you to keep you
in jail; fabricate entire hearings and transcripts; and falsify and change the
record of the court? Have your children
been wrongfully taken from you by the state and never due to be returned; even
if you do all they tell you to do and do it right; and even if they did the
wrong thing to begin with, and said so too?
Are you not receiving any due justice because of a criminal collusion
between 10’s of elected officials, judges, attorneys, police officers, etc. all
over your city, your county and your state?
Tough. Get over it. Roll over; take your lumps and get back to work;
and if you tell anyone about this, file suit against us, claim, complain or
anything else suchlike, we’ll make your life a living Hell until you’re pushing
up the daisies; make certain your cases are dismissed easily and quickly by all
courts in a 1000 radius; and, as the final coup de grace; charge you to file each
and every case and appeal as well (after you’ve paid us more than enough to do
our jobs as it is; per your ridiculously high taxes); charge you to view and
print all your case documents, including even your OWN court documents; and
charge you when we dismiss it too; and if you don’t pay these fees within 3
weeks of the order, we’ll send it to collections and ruin what little credit
score you have; then garnish your wages and jail you until we’re paid. NEXT!
As
the claimants stated in their answer to Mr. Lancaster’s brief; this appeal
isn’t about Res Adjudicata or whether the defendants were dismissed in Bruce 1;
they were, and the claimants agree. It’s
not about State or judicial immunities (“laws” passed that allow those acting
in official duties to commit simple or heinous crimes or violate rights of the
citizenry without punishment; laws that I’m sure the majority of the populace
know nothing at all about; or they would yank them out from under you so fast
you wouldn’t know what hit you;) that these people are allegedly entitled to, so
that they can submit their “Get out of Suit Free” cards to you and get back to
committing crimes and violating rights freely.
This
appeal is whether the judge of the Federal District Court erred in deciding the
claimants’ TWO cases on the same day within an hour of each other; after
totally ignoring their existence and all their filed paperwork for 8 months;
then acted in haste when she did, ONLY because the claimants sought this
appellate court’s intervention. We the claimants believe that they have more
than asserted and proven, beyond all shadow of reasonable doubt, that the District
Court judge did the wrong thing and did it a lot too. Every possible error is shown easily in the
claimants’ opening brief, submitted to this appellate court; and, those of this
court can rest assured that she did just as the claimants fully expected that
she would; no differently than any other judge listed as a defendant in the
plaintiff’s claim. Worse yet, her errors
were so numerous we only got about halfway through the first order and had to
stop, or we would have had to double the size of the humongous brief we had to
already murder once, to get it down to the size this court wanted it to be.
The
claimants apologize to this court, for they promised that they would answer
this ridiculous brief that doesn’t address the issues facing these appellate
justices; only those already hacked to death in perfect harmony in the District
Court; they have carried on until there isn’t any room left for their
answer. The claimants state that these
justices may have to wait for the next identical brief, so the claimants can
answer that one in the same manner; saying the exact same things.
Aw c'mon....this is fun, isn't it? Hope to see you soon with some more of this lunacy...:D