DELIVERING YOUR DREAMS TO YOU SINCE 2002
DREAM TOY STORE
WE BUY, SELL, RENT, FINANCE, SHIP AND DESIGN DREAMS.
Dream Toy Store deals in a wide variety of cars, boats, jetskis, snowmobiles, rvs, motorcycles and atv's. Dream Toy Store been a registered ebay member for 11 years and have sold many vehicles online. We have been selling cars, boats, jetskis, snowmobiles, rvs, motorcycles and atv's online for many years and have alot of experience in the business. Dream Toy Store is a great success due to the fact that we know our products very well and sell all our vehicles at close to the same price as these vehicles bring in dealer only vehicle auctions. Dream Toy Store is willing to export to any country at the buyers expense, we have exported many "TOYS" to locations all over the world. We are not the new guys on ebay trying to make an extra buck, we are an experienced high powered seller. We have been selling on ebay since 2002, and the top boat seller ebay since 2005. You will receive better pricing and service from Dream Toy Store, than you will get at most other dealers in the country. We will stock the best quality and priced inventory on a regular basis. Dream Toy Store has perfected the idea of high quality with low overhead, internet based worldwide pricing, and due to this we are able to sell vehicles at great prices on Ebay. Please call me if you have any questions.
Dream Toy Store is a specialist in its industry, just like a doctor or lawyer. When you buy from the Dream Toy Store you can be assured you are working with trusted individuals with many years of experience so let us help you, we know that in today's life it seems like there is not enough time in a day, we also realize that our customers want a quality product at a fair price. With experience and knowledge of many different brands of vehicles and boats you can trust we will help you to make an informed decision. Dream Toy Store is a passion not just a business that is concerned with the bottom line. We at Dream Toy Store do all the work for you, we select hand picked inventory from many different sources, we inspect them fully, recondition if necessary, and make sure that the product we are selling you is what we say it is. We also back our products and offer extended warranties on most! We realize that is hard to buy on the Internet with all the fraud that goes on these days, so we offer everyone a chance to see an item before committing to purchasing it, however we do deal with many customers that trust our reputation and just buy an item based on a Internet description, pay us in full, and ship it to there door having never seen the item in person. We are trusted and have built a reputation of being reliable and trust worthy, so why waist your time shopping around, if we have something you are interested call us today and lets make a deal. If we don't have what you are looking for we can probably find it in a very fast, timely manner as we have many connections in this industry. We can also arrange the financing, shipping, and even the addition of any accessories in order to make your life easier.
Give us a call 1-877-438-6869
Dream Toy Store has been doing world wide exporting of boats and automobiles for over 11 years, we have shipped to over 35 countries world wide, including ARUBA, AUSTRALIA, BOLIVIA, BRAZIL, CANADA, MEXICO, SURINAME,CHILE, PERU, ICELAND, SPAIN, UNITED KINGDOM, REPUBLIC OF SOUTH AFRICA, EGYPT, THAILAND, UKRAINE, RUSSIA, KAZAKHSTAN, FINLAND, NORWAY, SWEDEN, PORTUGAL, ITALY, GERMANY, MOLDOVA, UNITED ARAB EMIRATES, LITHUANIA, POLAND, AND THE NETHERLANDS. We are willing to work with any costumer any where and if it is possible for it to be shipped there we will help you do it! Over the years Dream Toy Store has learned from the good old fashion trial and error way of doing things, we know how to provide our customers with a quality product at a fair price and deliver it to them world wide. So let us help you, we have experience shipping, and know many tested and trusted shippers that can make exportation a breeze. Dream Toy Store also works with a few qualified individuals in EUROPE that can help to put that ever so important CE CERTIFICATION on that US made boat after it has reached EUROPE. We have shippers that are experienced in packing the most possible in to containers so you can make your purchase worth while. If you have any questions give us a call 1-877-438-6869. We are looking forward to doing business with you soon.
WE WOULD LOVE TO HAVE YOUR BUSINESS CALL US 1-877-438-6869
DREAM TOY STORE TOP SELLER AWARD
TOP SELLER AWARD 2008
TOP SELLER AWARD 2007
TOP SELLER AWARD 2006
TOP SELLER AWARD 2005
TITANIUM POWERSELLER STATUS RECIEVED FROM EBAY
1. The plantiff Sean A Dada personally and on behalf of his business Dream Toy Store bring this action of “Civil Rights Violation” United States Codes 1981, 1982, 1983, 1985, 1986, Color of Law Violations pursuant to United States Code title 42 section 14141 which makes it unlawful for state or local law enforcement agencies to allow officers to engage in a pattern or practice of conduct that deprives persons of rights protected by the Constitution or United States laws, Conspiracy against Rights of Citizens Title 18 USC 241, Deprivation of Rights color of law of rights protected under the Constitution of the U.S. Title 18 USC 242. This action is based harassment, failure to prevent from harm, wrongful investigations or investigative patterns and practices. The plaintiff Sean A. Dada alleges Allen County Sheriffs Department, Allen County Police Department Traffic Division, Allen County Government, Fort Wayne Police Department, Fort Wayne Safe Streets Taskforce, Indiana State Police, Steuben County Government, Steuben County Police Department, Angola Indiana Police Department, Koskiusko County Sheriffs Department, Indiana Department of Natural Resources Officers, Indiana Government, Indiana Attorney Generals Office and the others Governmental agencies or contractors to be explained in this complaint. The nature of this action has a clear pattern and practice “Under Color Of Law” by overzealous, and openly racist law enforcment officers and government officials. Sean A. Dada is of a mixed racial background, his father is a Muslim Pakistani Imigrant and His Mother is a caucasion of Catholic German Nordic Decent, and was born in in the United States. “Sean A. Dada from here on will be refered to as Mr. Dada in this complaint.” Mr. Dada is a biracial United States Citizen, born at Parkview Hospital, October 3, in Fort Wayne, Indiana. His birthday will be relevant to this case for at least 1 allegation.
2. Racketeer Influenced and Corrupt Organizations Act, The plantiff Mr. Dada alleges intends to show violations of “RICO” act in this complaint by Allen County Police Department, Allen County Sheriffs Department, Thc City Of Fort Wayne, Fort Wayne Police Department, Indiana Bureau of Motor Vehicles, Fort Wayne News Paper, Journal Gazette, JCM Services, Parker Service, Inc, d.b.a. Kelley Wrecker Services, Dan T. Parker, Larry N. Parker, Sheriff Ken Fries, Police Chief Rusty York, and Mayor Tom Henry. The above organizations run a Racketeer Influenced and Corrupt Organization based on complete control of all the City of Fort Wayne and Allen county towing. The City of Fort Wayne and Allen County government allong with Allen County Sheriffs Department, Allen County Police Department Traffic Division, Fort Wayne Police. It is alleged that the other parties above conspired to deprive Mr. Dada of a vehicle 1999 AM GENERAL HMCS H1 and personal property from his vehicles. Mr. Dada filed a theft report with Allen County Sheriffs Depaertment, complained with the towing services, and in stead of corrective actions, he received retaliation as to cover up the fraud and Racketeer Influenced and Corrupt Organizations. Mr. Dada has had his life absolutly demolished by actions of police, he was warned not to stand up for his rights or he would suffer greatly. Mr. Dada chooses not to state the names of the individuals who threatened him as he will be retaliated against. He fears retaliation from government officials on a daily basis.
3. Mr Dada has had several Constitutional rights violated, so many he feels as if he is in a foreign country, the overzeoulus corrupt government officials have openly violated on several occasions many of Mr. Dada’s constitutional rights and even on 1 occasion Mr. Dada recalls officers telling him he has no rights. This type of conduct of racism and overzeaolous policing is absolutly out of hand. It is know that Mr. Dada is not afraid to speak his mind to an officer. He is a professional as you will see in some attached items relevant to case. Mr. Dada alleges that many of the problems he is currently dealing with result from him being a knowledgable individual. Knowing a good amount of legal terms, and always trying to stay informed. Knowing his constitutional rights and saying this to officers, has landed him with more problems, ever since he stated to Steuben County Prosecutor, that his case on a pending OWI was void a because of a warrantless placed GPS Tracking device, that openly violated his 4th, ammendment. Mr. Dada found on his car this unit on his vehicle upon an oil change, he took it off his vehicle. Mr. Dada was under the impression he was receiving a trial by jurry as stated in a letter sent to him by the court.
JURISDICTION AND VENUE
4. This Court has subject matter jurisdiction pursuant to Title 28 United States Code § 1331 which provides that anyone stating facts raising a federal cause of action has the right to file in the district courts a civil action stating claims arising under the Constitution, laws, or treaties of the United States and on the pendant jurisdiction of the court to entertain claims arising under State law, as provided by 28 United States Code 1367.
5. This court has jurisdiction over this action pursuant to 28 U.S.C § 1331 as it involves claims under Title 42 United States Code, Chapter 21, Civil Rights
6. The Constitution of the United States, and specifically the Fourth and Fifth Amendment (right to due process and equal protection of the law); Article IV, § 1 (privileges and immunity clause); and under:
7. Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). The Bivens claim is based upon the violations of plaintiff's Civil Rights Under Color of Federal Law, which has occurred continuously and inter-related from 2009 to the present date.
8. Civil Rights Act, Title 42 United States Code §§ 1981-1986, that provides a federal remedy to anyone suffering from violations of his civil rights perpetrated under color of state law including: Conspiracy to interfere with Civil Rights, Deprivation Of Rights, Illegal Detention and Confinement, and equal rights under the law
9. Title 42 United States Code § 1981 All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens. The rights protected by this section are protected against impairment by nongovernmental discrimination and impairment under color of State law.
10. Title 42 United States Code § 1982, Property rights of citizens, all citizens of the United States shall have the same right, in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property.
11. Title 42 United States Code § 1983, Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity.
12. Title 42 United States Code § 1985 Conspiracy to interfere with civil rights of the plantiff’s, and conspiracy by public officials of the State of Indiana and United States of America in conjunction with the other listed defendants that repeatedly violated plaintiff's civil rights.
13. Titile 42 United States Code § 1986, which provides for damages from those defendants who had knowledge of the violations of plaintiff's civil rights, who had the duty and the ability to prevent or aid in the prevention of them, and who failed to perform that duty.
14. Title 28 United States Code § 1343, which provides a federal court forum in which citizens may seek redress from the deprivation of rights, privileges and immunities under color of state law.
15. Negligence and Color of Law by Indiana law enforcement public officials durring duty. United States Code title 42 section 14141 makes it unlawful for state or local law enforcement agencies to allow officers to engage in a pattern or practice of conduct that deprives persons of rights protected by the Constitution or U.S. laws. This Police Misconduct Statute gives the Department of Justice authority to seek civil remedies in cases where law enforcement agencies have policies or practices that foster a pattern of misconduct by employees. This action is directed against an agency, not against individual officers.
16. Title 18 USC 241 Conspiracy against Rights of Citizens, If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured.
17. Title 18 USC 242 Deprivation of Rights color of law of rights protected under the Constitution of the U.S. Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens.
18. The federal crime reporting statute Title 18 United States Code § 4 that requires any person who knows of a federal crime to promptly "report it to a federal judge" or other officer. This requires any warrant to be judicially sanctioned and supported by probable cause.
19. Proceedings in Vindication of Civil Rights allow for reimbursment costs, expenses and reasonable attorney's fees for this action as pursuant to Title 42 United States Code § 1988
20. The 4th Amendment of the United States Constitution and the Bill Of Rights Right to be free from unreasonable searches and seizures, and prohibits unreasonable search and seizure. Under the Fourth Amendment, search and seizure (including arrest) should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer who has sworn by it. Fourth Amendment law deals with three central questions: what government activities constitute "search" and "seizure"; what constitutes probable cause for these actions; and how violations of Fourth Amendment rights should be addressed. Law enforcement requires a warrant for search and seizure activities. The amendment is enforced by the exclusionary rule. Established by Weeks v. United States (1914), this rule holds that evidence obtained through a Fourth Amendment violation is generally inadmissible at criminal trials. Evidence discovered as a later result of an illegal search may also be inadmissible as "fruit of the poisonous tree" unless it would have inevitably been discovered by legal means. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
21. Malicious abuse of process and violation of the 14th Ammendment of the United States by several Law Enforcement agencies in the state of Indiana All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law, which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
22. Violation of the 8th Ammendment of the United States Constitution as gauranteed by the Bill of Rights of the United States of America which clearly states Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
23. Proceedings in Vindication of Civil Rights allow for reimbursment costs, expenses and reasonable attorney's fees for this action as pursuant to Title 42 United States Code § 1988
24. Title 18 United States Code § 1341, Frauds and swindles, Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing.
25. Indiana Law Officers, Government Officials, Indiana Secretary of State, several others have feloniously retaliated against plaintiff for seeking to report these crimes. These retaliatory acts were felonies under Title 18 U.S.C. §§ 1505, 1510, 1512, 1513(b). They are also felonies by obstructing justice under Title 18 U.S.C. §§ 2, 3
26. Venue of this action lies with the United States District Court, Northern District of Indiana pursuant to 28 United States Code 1391, (1)(2)(3) as the Plaintiff’s at all relevant times, was residents of Northern District of Indiana, and many Defendants reside in this district, and the violations of law complained of herein occurred in and the events giving rise to the lawsuit occurred in the Northern District of Indiana. A number of the wrongful acts and federal causes of action occurred while defendants were employed or doing business in the Northern District of Indiana Plaintiff’ resides in Fort Wayne, Indiana and considers Northern District of Indiana his domicile. Plaintiff's corporation was and is incorporated in Indiana, and had the principal place of business and did have its operations in the Northern District of Indiana.
27. The matters in controversy exceed ten million dollars. The defendants constitute an illegal enterprise in acts or threat of acts in violation of Civil Rico Federal Racketeering Act. The following are particular violations: Title 18 United States Code §§ 1961-1964. The Racketeer Influenced and Corrupt Organizations act (hereafter "RICO") claim arises from the pattern of multiple predicate acts perpetrated by defendants over a 4-year span. The predicate acts of racketeering by multiple defendants affected the civil rights of defendants.
28. Title 18 USC 3: Accessory after the fact, knowing that an offense has been committed against the United States, relieves, receives, comforts or assists he offender in order to hinder or prevent his apprehension, trial or punishment.
29. Title 18 USC 1343, Fraud by wire, radio, or television section under the United States Mail fraud chapter 63.
30. Title 18 USC 1621, Perjury Whoever (1) having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or (2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true;is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both. This section is applicable whether the statement or subscription is made within or without the United States.
31. Title 18 USC 1513, Retaliating against a witness, victim or informant (b) Whoever knowingly engages in any conduct and thereby causes bodily injury to another person or damages the tangible property of another person, or threatens to do so, with intent to retaliate against any person for (1) the attendance of a witness or party at an official proceeding, or any testimony given or any record, document, or other object produced by a witness in an official proceeding; or (2) any information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings given by a person to a law enforcement officer; or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.(c) If the retaliation occurred because of attendance at or testimony in a criminal case, the maximum term of imprisonment which may be imposed for the offense under this section shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case. (d) There is extraterritorial Federal jurisdiction over an offense under this section. (e) Whoever knowingly, with the intent to retaliate, takes any action harmful to any person, including interference with the lawful employment or livelihood of any person, for providing to a law enforcement officer any truthful information relating to the commission or possible commission of any Federal offense, shall be fined under this title or imprisoned not more than 10 years, or both. (f) Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy. (g) A prosecution under this section may be brought in the district in which the official proceeding (whether pending, about to be instituted, or completed) was intended to be affected, or in which the conduct constituting the alleged offense occurred.
32. Title 18 USC 1951, Interference with interstate commerce (a) Whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section shall be fined under this title or imprisoned not more than twenty years, or both. (b) As used in this section— (1) The term “robbery” means the unlawful taking or obtaining of personal property from the person or in the presence of another, against his will, by means of actual or threatened force, or violence, or fear of injury, immediate or future, to his person or property, or property in his custody or possession, or the person or property of a relative or member of his family or of anyone in his company at the time of the taking or obtaining. (2) The term “extortion” means the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right. (3) The term “commerce” means commerce within the District of Columbia, or any Territory or Possession of the United States; all commerce between any point in a State, Territory, Possession, or the District of Columbia and any point outside thereof; all commerce between points within the same State through any place outside such State; and all other commerce over which the United States has jurisdiction.
33. Title 18 USC 1001, Fraud whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully, (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact, (2) makes any materially false, fictitious, or fraudulent statement or representation; or (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch.
34. Intentional infliction of emotional distress by Indiana law enforcement officers and other public officials durring times of duty.
35. Property that was wrongfully taken from Plaintiff’ located in the Northern District of Indiana
36. All defendants participated in wrongful conduct that affected Northern District of Indianas interests, including property, commerce, economy and civil rights in Northern District of Indiana domicile.
37. Venue exists in any location for reporting criminal activities to a federal judge, as required by federal crime reporting statute, Title 18 U.S.C. § 4
38. Venue lies in this district pursuant to 28 U.S.C. §§ 1391(a), (b), (e); 1392(b); 1402(b).
39. Title 18 USC 2236, search without warrant, Whoever, being an officer, agent, or employee of the United States or any department or agency thereof, engaged in the enforcement of any law of the United States, searches any private dwelling used and occupied as such dwelling without a warrant directing such search, or maliciously and without reasonable cause searches any other building or property without a search warrant, shall be fined under this title for a first offense; and, for a subsequent offense, shall be fined under this title or imprisoned not more than one year, or both.
40. Plaintiff Sean A. Dada (“Mr. Dada”) resides in Fort Wayne, Indiana. Plaintiff who on Noveber 06, 2011 had his Vehicle Towed By Defendents. Approximately one day after the accident, Plaintiff tried to recover his AM General HMCS Hummer H1 . Plaintiff tried to recover his vehicle at Parker Services, Inc located at Fort Wayne, IN 46825. This was a custom build rare vehicle $299,750.00 if the vehicle was ever to be offered to the public for sale. At the time he went to recver the vehicle from here and on forward refered to as “AM GENERAL H1”, Plaintiff was told the vehicle was on hold by Allen County Police Department “Traffic Division” and could not retrieve any personal items until they released the vehicle to him
41. Plantiff Sean A. Dada on behalf of his company Dream Power Sports, Inc d.b.a. Dream Toy Store
42. Defendants ALLEN COUNTY SHERIFFS DEPARTMENT, 715 S Calhoun St #101, Fort Wayne, IN 46802 (260) 459-3000
43. Deffendants ALLEN COUNTY POLICE DEPARTMENT TRAFIC DIVISION, 715 S Calhoun St #101, Fort Wayne, IN 46802 (260) 459-3000
44. SHERIFF KEN FRIES, 715 S Calhoun St #101, Fort Wayne, IN 46802 (260) 459-3000
45. PARKER SERVICES, INC D.B.A. PARKERS TOWING SERVICE , KELLEY WRECKER, DANS TOWING, AND HINSEY TOWING SERVICE: 7544 ST. JOE ROAD, FORT WAYNE, IN 46835, PHONE : (260) 485-9014
46. DAN T .PARKER
47. LARRY N. PARKER
48. WESTFIELD INSURANCE COMPANY, ATTN: KATHY KELLY, FILING DESK, ONE PARK CIRCLE, PO BOX 5001, WESTFIELD CENTER, OHIO 44251 PHONE: (330) 887-0101 FAX: (330) 887-0840
49. JCM SERVICES
50. INDIANA BUREAU OF MOTOR VEHICLES, R. SCOTT WADDELL, COMMISSIONER, MICHEAL R. PENCE, GOVERNOR; 100 NORTH SENATE AVENUE, ROOM N411, INDIANAPOLIS, IN 46204
51. FORT WAYNE NEWSPAPER, JOURNAL GAZETTE
52. ALLEN COUNTY INDIANA GOVERNMENT
53. CITY OF FORT WAYNE Citizens Square, 200 East Berry St., Suite 425 Fort Wayne, IN 46802
55. CITY OF FORT WAYNE, MAYOR TOM HENRY
56. ALLEN COUNTY PROSECUTORS OFFICE KAREN E. RICHARD
57. FORT WAYNE POLICE DEPARTMENT, 1 E Main St, Fort Wayne, IN 46803 (260) 427-1222
58. INDIANA STATE POLICE
59. INDIANA STATE POLICE OFFICER MATT LAZOFF
60. STEUBEN COUNTY PROSECUTORS OFFICE
61. STEUBEN COUNTY GOVERNMENT,
62. PROSECUTOR TRAVIS MUSSER
63. MAGISTRATE RANDY COFFEY
64. KOSKIUSKO COUNTY PROSECUTORS OFFICE, KAREN MCGRATH, ELIZABETH DECKARD, CHRISTANNE HAMPTON, DAN HAMPTON
65. KOSKIUSKO COUNTY SHERIFFS OFFICE, 221 West Main Street, Warsaw, IN 46580
66. KOSKIUSKO COUNTY DETECTIVE JOE MOONEY
67. PROSECUTOR DANIEL HAMPTON,
68. KOSKIUSKO COUNTY SHERIFFS OFFICE, OFFICER
69. FORT WAYNE SAFE STREETS TASK FORCE,
70. INDIANA SECRETARY OF STATE, CONNIE LAWSON, CHARLIE WHITE
71. INDIANA ATTORNEY GENERAL,
72. INDIANA DEPARTMENT OF NATURAL RESOURCES,
DEFENDANT’S UNLAWFUL CONDUCT
73. This action raises multiple federal causes of actions for which federal judges have a mandatory responsibility to provide a federal court forum and relief. PlaintiffS individually, have been deprived of personal and property rights, and civil rights in direct and repeated violations of due process of law. Although all allegations must be accepted as true at this stage of the pleading, most of the allegations are stated in attached Affidavits, and plaintiffs request that judicial notice be taken of these Affidavits. Further, during discovery, this evidence will be entered into these proceedings.
PLAINTIFFS’ FACTUAL ALLEGATIONS
74. Plaintiffs re-alleges and incorporates by reference each and every allegation contained in Paragraph 1 through 76 above, inclusive, as though fully set forth.
75. Evidence strongly indicates that the reasons for the record setting numbers of violations inflicted upon plaintiff by Indiana public officials and government employees arose from a convoluted scheme concocted somewhere high in the Indiana Government, and conspired to destroy and strip plaintiff of assets they hold and strip them of rights they are entitled to under the Constitution Of The United States. This alleged pre-planned scheme that would create a situation of harassment against Sean A Dada which began 2009 shortly after he had opened up his own company, and continued on at a consistant pace till November 2011, Mr. Dada alleges and evidence proves that from that point on that harassment and threats, increased infact on one meeting with officers Mr. Dada recalls them saying we have everybody, State, Local, Federal, IRS and more. If you don’t listen to or do what we say you will loose it all. This was in December 2011 at a meeting when Mr Dada went to the Allen County Sheriffs Office on Lima Road. The statement even though Mr. Dada is reluctant to say who exactly said it because of fear of retaliation, and more missery was stated in some form that Mr. Dada to this day remembers in his head. For many years Sean A. Dada has dealt with non-stop harassment from Fort Wayne Police and Allen County Sheriffs department; and to this day they continue to harass and defame Sean A. Dada, threaten, harass, intimidate him and spread false rumors to justify the illegal actions performed under the color of Indiana Law and Statutes.
76. Starting on or around March 2009 Mr. Dada alleges that a repetative patern and practice of harrasment by police officers began. This was not noted till a few years had passed by but most notably starting from early 2011, to the present day of this filing.
Sean Dada, launched his own dealership, Dream Power Sports, Inc, d.b.a. Dream Toy Store in early 2009. Dream Power Sports, Inc, he did this as to Incorporate himself as he had grown in to a business from his 10 years of selling automobiles and boats under his familys dealership and for other dealers, at all times relevant prior to 2009 Sean Dada was an independent contractor who received 1099’s for his brokerage and sales of vehicles, online and locally; Mr. Dada had already been selling for many years on ebay, actually since 2002, as a broker for other dealers including one owned by his family AAA AUTO AND MARINE SALES, that was forced to close due to the lending freeze and economic colapse in late 2008. Realizing that trouble was coming to the economy as it did, if you look back about everything grom General Motors, Lehman Brothers, Fannie Mae, Freddie Mac and AIG came crashing down in the United States economy. Sean A. Dada, a college educated financial major who sold vehicles online, and was skilled with the trade of exporting decided it was best to plan for his well being so Mr. Dada decided to incorporate his first business as “Dream Power Sports, Inc” d.b.a. Dream Toy Store, In 2006 Sean bought the Domain DreamToyStore.com this was a brand name he had registered based on a childhood “DREAM”. As a child as many children do Sean A. Dada had a bedroom decorated with cars, boats, jetskiis, motorcycles and many other so called toys. The center point of his bedroom called “Sean Dada’s Dream Car and Boat Store”. In 2009 Sean launched his own business as Dream Toy Store. late November 2008. in late 2009 made a lease deal, with Mill-Bren Enterprises on what was known as the previously “Lake Gerorge Marina” Located at 15 Lane 130B Lake George, Fremont , IN 46737 Dream Power Sports, Inc was at the time also using the D.B.A. Dream Toy Store, Dream Toy Store was a name Sean Dada had used to sell as a broker on ebay but more than aything was his childhood Dream Business. In 2009, Sean A. Dada is the founder of Dream Toy Store a now online leader in remarketing specialty vehicles and that had grown at a enormous rate 2009 and 2010 as the idea of “worldwide exporting” and low prices due to a economic crash in the Unitied States had caused a boom for Sean and his Dream Toy Store. With a down economy and Sean being young it was said that many rumors about him began to be spread, from inside Fort Wayne Police Department, and Allen County Sheriffs Department, it is believed these rumors were started by over zealous police officers
77. Dream Toy Store is and was started from a childhood vision and small scale version of what had grown in to a MULTI-MILLION dollar high powered ebay seller that received 5 top seller awards from EBAY MOTORS. Sean A. Dada founder of Dream Toy Store, had built a very well recognized ebay seller account in 2002, the reason he grew and became recoginzed as a worldwide, exporter of cars and boats as he was a nieve young man selling vehicles on Ebay, but being motivated to suceed he started saying he would ship any place in the world if possibe and to email him if interested. This over a period of time when dealers only used paper mailed auction reports, black books, and NADA books to value the vehicles being sold at the auctions. Sean was an inovater, a leader and natural born winner, despite this he has dealt with “RACISM AND FALSE ACUSATIONS HIS WHOLE LIFE’ These always have came from over zelous police officers, to whom Sean Continues to this day to not bow down to. It is also well known to educated people that Fort Wayne Vice Division was ran for Many Years by the Ku Klux Klan (See Exibit A)
78. Having made it to the point of being almost set to go “PUBLIC’ in a few years, with his ideas of new world remarketting and worldwide delivery of Exotic Cars, Jet Skiis, Boats. Sean never even realized the fact he was under some sort of investigation. Having a clean consiounce and knowing that he earned money legally he always blew off any rumors associated with the “heresay”
79. In 2011 Sean Dada, purchased his Dealer Bond Early and sent in his paperwork for License renewal early as for the previous 2 years he had seemed to have a run around getting his official documents in a timely manner, Infact the previous year he sent Extra Money In because he had always hit a road block it seemed like. In the year 2010, Mr. Dada waited almost 2 extra months for his renewal of dealer license. As when the inspector came to visit his new location the man said to Mr. Dada, “I am here to inspect your location for your new dealer license application”. Mr. Dada informed him he was already a dealer and just was waiting for the renewal and address change which might we add Mr. Dada was getting sick of the hassle for such a simple item to do business. A renewal of Dealer registration, doesn’t require a whole lot of difficulty by the state of Indiana to issue
80. In or around January 30, 2011 Sean was arrested in the passanger seat of his vehicle for public intoxication as he was getting a designated ride home from a loacal Fort Wayne, night club, The club was Early Birds Lounge, which is on private property but hires off duty Fort Wayne Police Officers to watch its place for security. Sean was cooperative and went to jail without incident. His vehicle was parked in the parking lot of Early Birds Lounge by his designated driver. The vehicle for no legal reason other than illegal search and seazure was towed to Kelley wrecker, the car was not abbandoned nor was it tagged or in a unlawful zone. The vehicle was out right unlawfully moved from the parking lot.
81. The following day after Mr Dada was released from the so called drunk tank, he went to the parking lot of Early Birds Ultra Lounge, via a ride from his friend Deshawn Cann, when Mr. Dada ad Mr. Cann arrived the vehicle was no were to be found, luckilly Mr. Dada remembered he had “MOBILE ME” on all his Indiana Public Officials Devices. This allowed Sean to get online and find his devices, much to his surprise his cell phone was at one address and his ipad he had locked in the trunk of the 2006 Hummer H2 was at another that was at 2416 Cass St, Fort Wayne, IN 46808. This is the address “KELLEY WRECKER SERVICE” the hold the contract for towing with the City Of Fort Wayne.
82. Upon going to recover his vehicle Mr. Dada noticed that a handful of things where missing but most notably his radar detector that was mounted to the dash it was a Passport i9500 Blue GPS Radar Detector, Mr. Dada was also missing his IPHONE 3S and noticed his papers had been removed and looked through and that Mr. Dada also was missing his Glock 30 handgun, Mr. Dada legally had a permit to carry, a handful of other nick nacks, a camera, and meomory card were also missing. Mr. Dada called back to Kelley Wrecker and the lady said she didn’t have his items and they are not listed on the police checklist sheet, Mr. Dada got furious and called the police they said Mr. Dada would have to come down and get a copy of the report.
83. Mr. Dada decided to fight the public intox charge, Mr. Dada wanted a jury trial and planned on sueing the city of Fort Waynes Police Department for the actions brought against him. Mr. Dada hired attorney David Zent to handle the case for him. Mr. Dada paid him $2,500 as a retainer for a public intoxication charge.
84. Mr. Dada got an OWI on July 17, 2011 from a State Police officer, Matt Lazoff, Mr. Dada got this while leaving a populated area known as four corners in Angola , Indiana. Mr. Dada was not drunk but blew over the legal limit, Mr. Dada did not do anything for the officer to have the right to stop him, so as usual story goes he stated that Mr. Dada was swerving in and out of the lines, this was absolutly false. Mr. Dada was cooperative with him
85. Mr. Dada got out of Jail from his OWI bond and went back to his work “DREAM TOY STORE AT LAKE GEORGE “
86. Mr. Dada was cleaning his car and found an Illegally placed GPS Tracking Device mounted to the bottom of his “2006 Hummer H2 SUT” Mr. Dada was surprised to find it. Mr. Dada thought it was from his EX-GIRLFRIEND at the time. Mr. Dada laughed it off, plus Mr. Dada sold boats, cars, and did boat storage for a living so who cares if some “law officers put it on his car” Mr. Dada laughed about it, joked about it, and never took it to seriously.
87. Mr. Dada was pulled over within a few days of the removal of the GPS tracking unit and for no real reason, Mr. Dada was issued a ticket for driving while suspended, and for improper display of license plate. Mr. Dada did not realize at the time Mr. Dada was being investigated by Indiana Police Officers and there agencies.
88. On November 06, 2011 Mr. Dada was passanger in a vehicle that was in an accident at the intersection of Union Chapple and Diebold Road with a vehicle owned by him this vehicle was a 1999 AM GENERAL Hmcs Hummer, the truck rolled over on Diebold Road. The accident was largely fault of the Allen County Plan Commisions falure to properly inspect and mark a newly openAn accident report was made on the vehicle and it was towed by Parker Towing as advised by Allen County Sheriffs Department. It is believed that they have a mutual towing agreement of some sort.
89. The AM General H1 was illegally held by Allen County Police Department, Mr. Dada was told it would not be released until he admitted to an OWI and Fleeing the scene by Allen County Sheriff Utrich.
90. Mr. Dada was told by an FBI Agent Darren Compton that Mr. Dada was pulled over for his OWI on July 17, 2011 because they had been keeping tabs on him with a GPS. Mr. Dada was told this at a meeting with Mr. Compton in late December 2011, before the United States supreme court ruling of United States vs. Jones that ruled that warrantless gps tracking was illegal violation of the 4th ammendment of the United States of America. Yet after this ruling Steuben County Prosecutors continued to persue the illegal tracked OWI. The Prosecutors Office extended past the 1 year time to trial the case on there own actions for extention.
91. Mr. Dada on several occasions tried to recover his property but was always given a run around while trying to get this AM GENERAL H1 from Parker Services, Inc d.b.a. Parkers Towing, and the Allen County Police Department.
92. United States VS. Jones Decision came out about GPS illegally tracking January of 2012, which made the OWI that’s was received on or arround July 17th , 2011 an illegal stop this should have resulted in an outright dismissal of the charge as Officer Lazoff, and Indiana State Police violated Mr. Dada’s 4th ammendment rights upon stoping him leaving “Club Paradise on Lake James” because he was located using GPS tracking.
93. On February 28, 2012 Mr. Dada was fed up with the run arround and obvious games being played by Parker Services so he had his friend Jess Cox drive him to Parker Services location, Mr. Dada came with a handful of cash demanding and proof of ownership along with the original Indiana re-assigned title, to get his vehicle and personal belongings. He was handed a piece of paper that said JCM Services on it, and it was a copy of a public auction notice that has been rumored to have been a silent auction according to Parker Service employees. Also no city or State was printed so the location was “vague”. There was no name of the place of auction or telephone number just a poorly written few line address and the words “PUBLIC NOTICE” followed by the “Public Auction 7534 St Joe Rd, 02/27/2012 @10 am”. This was then followed by “99 Hummer 1GNDT13W9T2106252” this serial number happens to be the serial number of a 1996 Chevrolet Blazer. The vehicle being held was a 1999 AM GENERAL H1 serial number 137ZA843XXE183821. The wrongful printing of Make, Model, and Serial number was printed for the auction in Journal Gazette ON 02/09/2012 (EXHIBIT H)
94. Mr. Dada filed as vehicle theft report with Allen County Sheriffs Department, to insure he did not have to recall what he stated on the report and due to the fact he felt like something illegal was going on, Mr. Dada voice recorded the police report see (EXHIBT #I)
95. Fraudualnt Paperwork Submitted to BMV to Deprive him of the vehicle
96. Mr. Dada was illegally evicted out of his Marina with fake paperwork, false given information to cover up the illegal actions done by the police when conspiring to steal his hummer.
97. Mr. Dada kept getting the run arround in Steuben County For His OWI Mr. Dada was charged with on July 17, 2011 but yet never saw an initial hearing till September ?, 2011 a long time after the limit for initial trial hearing
98. Mr. Dada was illegally prosecuted, and no trial by Jury as Exhibit F
99. Mr. Dada was also charged with a false charge on October 3, 2012
100. Mr. Dada was put on excessive high bail of $25,000 Surety only and there was no probable cause or even a legit reason to arrest him, Mr. Dada was arrested after his “JURY / BENCH TRIAL’ for the new charges. Surety only was not only a violation of Mr. Dada’s 4th ,5th, 8th and 14th amendment rights as covered by th United States Constitution.
101. Mr. Dada was harassed non stop by law enforcement after Mr. Dada got out of Jail, Including any and all actions he did including just trying to remove his boat from water at Lake Wawasee.
102. Mr. Dada also was in contact with ADESA Auctions a division of KAR Auction Services and made demands for titles to boats he had sold for his company a few months earlier. For some odd reason ADESA Auctions had illegally held several titles for vehicles puchased in and payed for in 2011 by Dream Toy Store Mr. Dada’s company. KAR Auction Services is located in
103. False claims were made against him and published in the news paper, a cover up in the attorney general and or secretary of states office caused his corporate address to be changed . In early 2011 so Mr. Dada was not being served documents, and was being smashed by public officials on a mission to cover up facts.
104. Mr. Dada was charged deprived from the rights of removing his boat from the water
105. Mr. Dada had several cars towed from his house illegally, between the months of January and Feburary 2013, this is assumed to be actions that were instigated by Allen County Sheriffs Department, and Parkers Service, Inc
106. Mr. Dada was given a ticket to cover up what was really a stalking and harrassment for parking in his own drive way.
107. Mr. Dada was charged with another false Battery Charge, and did nothing the charge was after the factual report from January 22, 2013 the charge was then added with out probable cause on Feburary 13, 2013.
108. His boat was sank by vandalism see pictures.
109. Mr. Dada was sentenced to 180 days for an OWI that was illegally inflicted upon him because it was via unwarranted GPS tracking device that was placed on his vehicle
110. Mr. Dada was noit brought for initial hearing in a timely manner for the OWI charge and his trial was after the 1 year deadline for trial of the matter. In addition the trial by JURY as was assumed and sent via mail was then a BENCH trial, Mr. Dada did not waive his right to consel, nor was he in the financial position to qualify for public defender. He was trying to retain consel with his own funds but was in a CASH strapped position. The charge should have been dismissed imedialty after the United States vs. Jones Ruling on unwarranted GPS tracking as this “STOP” by Officer Lazoff should have been dismissed as it Violated Mr. Dada’s 4th ammendment right.
111. Sean Dada and Dream Toy Store maintains accountability for the actions are with: a) Allen County Government b) Allen County Police Department Traffic Division c) Allen County Sheriffs Department d) Fort Wayne Police Department e) City of Fort Wayne Parker Services Inc, D.B.A. Parker Towing, Dans Towing, Kelley Wrecker, Hinsey Towing. In the years 2009-2013, a general harassment by Public Officials of the State of Indiana and Allen County Police Department known here and after as, (“ACPD”) began to occur. Police Officers would routinely show up at various times at the Homes and Office, of Sean A. Dada. Cars were towed from the in front of his home on more than 1 occasion for no legal reason but to taunt and harass him, his family and guest. (exhibit # 5 ).
112. And then, on or around the beginning of 2012, a neighbor of one of the group homes complained to the zoning board of INDIANA was running a business. One thing led to another and soon the got involved and a hearing was held in the County Superior Court on April 11, 2002 on the issue alleging that Teen Reach was operating unlicensed group homes (exhibit # 6 ).
113. Applied for a License in order to stop what had become all out harassment by The Indiana Department Of, and CPS and avoid costly litigation.
114. One of the criteria for the license was that the Even though said policy was one of a supervised but did not give up the right for a parent to do so and provided a document to CPS stating so (exhibit # 7 ) And the License was issued (Exhibit # 8 ) and renewed with the understanding of that requirement of Teen Reach ( Exhibit # 9 ).
115. One of the causes of the State License, was that CPS could take action in many forms without the permission of Dream Toy Store or the need for a Court Order.
116. All was well until DATE when a License on DATE ( exhibit # 10 )
117. With the License revoked, ACPD had given up any right to enforce its rules, regulations and make surprise visits and enforcements.
118. The Defendant’s, Acting under the color of law have illustrated a non stop pattern and practice to violate Platiffs civil rights.
119. Once at the ACPD office, no food, no phone calls, and, while their pleas for Attorneys went disregarded, with armed police intimidation, mentally abused during an unconstitutional interrogation.
120. The PLANTIFF’, UNDERSTANDING THAT THEY ARE REQUIRED TO KEEP THIS COMPLAINT AS LIMITED AS THEY CAN, AND ADVISING THIS HONORABLE Court that discovery will be required to sort out who did what to who, Affidavits detailing specific infractions and violations of rights by the Defendants, including Racial slurs and debasing of the plaintiffs for their religious beliefs during the incarceration; such as ridiculing Plaintiff when they prayed for relief from what amounted to an allegation of torture by the Defendants. (Exhibit Affidavits #12 ).
121. It is the Plaintiff’ allegation that Defendant Indiana Bearue Of Motor Vehicles had intentionally manipulated his driving record. Defendant and the Defendants listed herein this complaint and other yet to be identified individuals, were under color of statutes, ordinances, had to get a Court order or Warrant to enter any of the premises of when they went to the and committed the acts as stated above that Violated the Plaintiff’ Rights.
122. It is Plaintiff’ allegation that there are yet unidentified individuals such as the Police Officers and several unidentified individuals, who, under color of law, assisted in the cause and actions of the events as described herein above. And believe that only Discovery will allow these individuals to be identified.
123. Plaintiff Mr. Dada harmed, had his rights to Due Process, Protection Against Unreasonable Search And Seizure, violated by the actions and events of the Defendants, specifically their entering vehicles that had been unlawfully towed and by performing search and seizures without warrant, and creating terror and fear and inflicting great distress and emotional harm.
124. At all times relevant herein, the conduct of all the Defendants were subject to 42 U.S.C. secs. 1981, 1982, 1983, 1985, 1986, and 1988.
125. Acting under the color of law, Defendants worked a denial of Plaintiffs rights, privileges or immunities secured by the United States Constitution or by Federal law, to wit,
Soto v. Flores, 103 F.3d 1056, 1061 (1st Cir. 1997); McNamara v. Honeyman, 406 Mass. 43, 52 (1989).
(a)by depriving Defendant of their liberty without due process of law, by forcing them into custody and holding him there against his will,
County of Sacramento v. Lewis. 523 U.S. 833 (1998); Youngberg v. Romeo, 457 U.S. 307, 315 (1982
(b) by making an unreasonable search and seizure of their property without due process of law,
(c) by conspiring for the purpose of impeding and hindering the due course of justice, with intent to deny Defendants equal protection of laws,
(d) by refusing or neglecting to prevent such deprivations and denials to plaintiff, thereby depriving plaintiff of their rights, privileges, and immunities as guaranteed by the Fourth, Fifth, and Fourteenth Amendments to the Constitution of the United States.
126. Plaintiffs incorporates the attached Exhibits and Affidavits # 1 through 8 into this Complaint by reference as if set forth herein.
127. Plaintiffs realleges and incorporates by reference each and every allegation contained in Paragraph 1 through 127 above, inclusive, as though fully set forth.
FIRST CAUSE OF ACTION
CONSPIRACY TO DENY PLAINTIFFS CIVIL RIGHTS
128. Defendants' above-described, acting in collusion, with predetermination, conduct under color of law, and with particularly the acts, commissions and omissions of the conspirators in preparing and mailing fraudulent documents. The subsequent detention by Police and Indiana Government Workers, combined with the custodial maltreatment of the plaintiffs, violated the plaintiffs' rights to, freedom of speech, be free from unreasonable searches and seizures, and equal protection of the laws and to due process under the First and Fourteenth Amendments to the United States Constitution.
SECOND CAUSE OF ACTION
DEPRIVATION OF RIGHTS
129. Defendants' above-described, acting in collusion, with predetermination, conduct, and particularly the acts, commissions and omissions of the conspirators, and of the command, supervisory and rank-and-file defendants in ordaining, directing and carrying out the on a and subsequent maltreatment of the plaintiff, violated the plaintiffs' rights to be free from unreasonable searches and seizures, and equal protection of the laws and to due process under the First and Fourteenth Amendments to the United States Constitution.
THIRD CAUSE OF ACTION
VIOLATION OF FOURTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION 42 U.S.C. §1983
130. Defendants' above-described conduct, and particularly the acts and omissions of those defendants involved in the groundless arrest, detention and custodial maltreatment of the plaintiffs, and those involved in individual acts of brutality against Plaintiff’ as outlined in their Affidavits, violated plaintiffs' rights to be free from unreasonable searches and seizures under the Fourth and Fourteenth Amendments to the United States Constitution U.S.C. §1983
FOURTH CAUSE OF ACTION
VIOLATION OF FOURTEENTH AMENDMENT TO THE UNITED
STATES CONSTITUTION 42 U.S.C. §1983
131. Defendants' above-described conduct, and particularly the custodial maltreatment of plaintiffs, including but not limited to the conduct described, violated plaintiffs' rights to equal protection of the laws and to due process of law under the Fourteenth Amendment to the United States Constitution.
FIFTH CAUSE OF ACTION
DEPRIVATION OF RIGHTS UNDER COLOR OF LAW
132. The above described conduct of defendants, and particular those named herein the attached Affidavits, constituted assault and battery on plaintiffs. Defendants caused physical contact to be inflicted on plaintiffs without plaintiffs' consent. As a direct and proximate result of said assault and battery, plaintiffs suffered general and special damages in an amount to be proven at trial.
SIXTH CAUSE OF ACTION
FALSE ARREST AND FALSE IMPRISONMENT
133. Defendants' above-described conduct constitutes false arrest and/or false imprisonment of plaintiffs. As a direct and proximate result of said false arrest and/or false imprisonment, plaintiffs suffered general and special damages in an amount to be proven at trial.
SEVENTH CAUSE OF ACTION
4th AMENDMANT CONSTITUTIONAL RIGHT OF UNREASONABLE SEARCH AND SEAZURES
134. Defendants' afore described conduct, and all of it, denied plaintiffs their rights to be free from violence and intimidation by threat of violence because of their religious and political affiliation or viewpoint in violation of their 1 st Amendment Constitutional right of religious freedom.
EIGHTH CAUSE OF ACTION
5th AMENDMANT CONSTITUTIONAL RIGHT OF DEPRIVATION OF
LIFE LIBERTY, AND PROPERTY WITH OUT DUE PROCESS
135. Defendants' afore described conduct, and all of it, denied plaintiffs their rights to be free from intimidation by threat of legal actions because of their religious and political affiliation or viewpoint in violation of their 1 st Amendment Constitutional right of religious freedom.
NINETH CAUSE OF ACTION
8th AMENDMANT CONSTITUTIONAL EXCESSIVE BAIL
136. Defendants' afore described conduct, and all of it, denied plaintiffs their rights to be free from violence and intimidation by threat of legal actions and political affiliation or viewpoint in violation of their 8th st Amendment Constitutional right of excessive bail.
TENTH CAUSE OF ACTION
14 st AMENDMANT CONSTITUTIONAL
137. Defendants' afore described conduct, and all of it, denied plaintiffs their rights to be free from violence and intimidation by threat of violence because of their religious and political affiliation or viewpoint in violation of their 1 st Amendment Constitutional right
ELEVENTH CAUSE OF ACTION
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
138. Defendants' above-described conduct was extreme, unreasonable and outrageous. By engaging in such conduct, defendants intentionally ignored or recklessly disregarded the foreseeable risk that plaintiffs would suffer extreme emotional distress as a result of defendants' conduct. As a proximate result of said conduct, plaintiffs suffered severe emotional distress, pain and suffering, fear, anxiety, embarrassment, discomfort and humiliation, all to their general damage in an amount to be proven, and incurred special damages in an amount to be proven.
TWELVETH CAUSE OF ACTION
NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
139. Defendants had a duty to properly hire, train, oversee, supervise and discipline their agents, employees and social workers so as to prevent violations of plaintiffs' constitutional, statutory, and common law rights and to prevent physical injury to plaintiffs, and a duty to use their powers and equipment properly to avoid harm to plaintiffs. By the conduct described above, defendants breached the duty of care owed to plaintiffs and proximately caused them general and special damages in an amount to be proven.
THIRTEENTH CAUSE OF ACTION
PATERN AND PRACTICE UNDER COLOR OF LAW
140. Title 42, U.S.C., Section 14141 makes it unlawful for state or local law enforcement agencies to allow officers to engage in a pattern or practice of conduct that deprives persons of rights protected by the Constitution or U.S. laws. This law, commonly referred to as the Police Misconduct Statute, gives the Department of Justice authority to seek civil remedies in cases where law enforcement agencies have policies or practices that foster a pattern of misconduct by employees. This action is directed against an agency, not against individual officers. The types of issues, which initiate a
pattern and practice investigation, include:
A. Lack of supervision/monitoring of officers’ actions;
B. Lack of justification or reporting by officers on incidents involving the use of force;
C. Lack of, or improper training of, officers; and
D. Citizen complaint processes that treat complainants as adversaries.
FOURTEENTH CAUSE OF ACTION
NEGLIGENT LIABILITY FOR ACTIONS AND HARM CAUSED
141. Allen County Sheriffs Department acted in a way that was neglegent, intentional and failed to mitigate any loses or damages to Mr. Dada.