Monday, May 20, 2019
Sunday, May 19, 2019
100 Million Dollar Federal Lawsuit Filed Against Constitution Party
UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION
(Dr. Terry Lee LaFleur, in his official capacity) as Candidate for Governor of South Dakota,) Civ. 18-4125RAL Plaintiff,))
vs.
(The State of South Dakota – Kristi Noem,) Shantel Krebs, in her personal and official capacity) as prior Secretary of State for South Dakota,) Steven Barnett, in his official capacity as Secretary) of State for South Dakota, Dan Lederman, in his) personal and official capacity as Chairman of the) Republican Party of South Dakota, Lora Hubbel,) Gordon Howie, Joel Bergan, Marilee Roose,) Frank Fluckiger, in his personal and official capacity) as Chairman of the National Constitution Party,) NCPExec.Committee,DougAden,CindyRedburn,) Gerald Kilpatrick, James Clymer, James Castle,) John Diamond, Mario Mariotti, Randal Stufflebeam,) Ricardo Davis, Joshua Cassity, John Richard Meyers,) Janine Hansen, Scott Copeland, Thomas Holmes,) Wayne Zimmerschied, Jointly and Severely,) Defendant(s),))
Amended Summons
__________________________________________
SUMMONS IN A CIVIL ACTION
To: South Dakota Attorney General Jason Ravnsborg 1302 E. Hwy 14, Ste. 1
Marilee Roose
3125 South, 8520 West Magna, Utah 84044
Doug Aden
1100 Denver Ave.Fo rt Lupton, CO 80621
Cindy Redburn
23 1. Cedar Haven Rd. Cuba, MO 65453
Pierre, South Dakota 57501
Attorney for Respondent Krebs/Barnett
Shantel Krebs, Secretary of State 500 E. Capitol Ave., Ste. 204 Pierre, South Dakota 57501
Steven Bartlett, Secretary of State 500 E. Capitol Ave., Ste. 204 Pierre, South Dakota 57501
Dan Lederman, Chairman of RPSD 725 Indian Wells Court
Dakota Dunes, South Dakota 57049
Frank Fluckiger
408 W. Chestnut St. Lancaster, PA 17608
Gordon Howie
15372 Antelope Creek Road Rapid City, South Dakota 57703
Lora Hubbel
4605 W. Graceland Ct., Sioux Falls, South Dakota 57106
Joel Bergan
20076 450th Ave., Arlington, South Dakota 57212
Matt Johnson
204 S. 7 Ave., Brandon, South Dakota 57005
The State of South Dakota 500 E. Capital Ave. Pierre, SD 57501
Joshua Cassidy
575 Benfield LN #Lot 1 Harrogate, TN 37752
Janine Hansen
186 Ryndon Unit 12 Elko, NV 89801
Thomas Holmes
344485 990th Rd. E., Chandler. OK 74834
Gerald Kilpatrick
20487 CR 33, LaSalle, CO 80645
James Clymer
301 Letort Rd. Millersville, PA 17551
James Castle
2586 Hocksett Cove Germantown, TN 38139
John Diamond
10321 Stateline Rd. Wattsburg, PA 16442
Mario Mariotti
18 Rahway Rd. Burlington, MA 1803
Randal Stufflebeam
304 Lincolnshire Blvd., Belleville, IL 62221
Ricardo Davis
206 Hunters Mill Lane, Woodstock, GA 30188
John Richard Myers
P.O. Box Cut Bank, MT 59427
Scott Copeland
3610 Hwy. 281 N., Mineral Wells, TX 76067
Wayne Zimmerschied
411 Adams Dr. W., Young America, MN 55397
A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an 2. answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are:
Dr. Terry Lee LaFleur
4601 E. Clark St. Apt. 8
Sioux Falls, South Dakota 57110
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.
_____________________________________
UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION
(Dr. Terry Lee LaFleur, in his official capacity) as Candidate for Governor of South Dakota,) Plaintiff,) vs. The State of South Dakota – Kristi Noem,) Shantel Krebs, in her personal and official capacity) as prior Secretary of State for South Dakota,) Steven Barnett, in his official capacity as Secretary) of State for South Dakota, Dan Lederman, in his) personal and official capacity as Chairman of the) Republican Party of South Dakota, Lora Hubbel,) Gordon Howie, Joel Bergan, Marilee Roose,) Frank Fluckiger, in his personal and official capacity) as Chairman of the National Constitution Party,) NCPExec.Committee,DougAden,CindyRedburn,) Gerald Kilpatrick, James Clymer, James Castle,) John Diamond, Mario Mariotti, Randal Stufflebeam,) Ricardo Davis, Joshua Cassity, John Richard Meyers,) Janine Hansen, Scott Copeland, Thomas Holmes,) Wayne Zimmerschied, Jointly and Severely,) Defendant(s),))
Civ. 18-4125RAL
Motion To Amend Complaint
_________________________________
INTRODUCTION
COMES NOW, THE PLAINTIFF, Dr. TERRY LEE LAFLEUR, Attorney Pro Se, and in furtherance of his Complaint against the State of South Dakota, Shantel Krebs in her official capacity as Secretary of State for the State of South Dakota, Dan Lederman in his official capacity as Chairman of the Republican Party of South Dakota, Lora Hubbel in her personal and official capacities as candidate for Governor of the State of South Dakota, Gordon Howie in his personal and official capacities as Chairman of the “South Dakota Constitution Party,” Joel Bergan in his personal and official capacities as Vice-Chairman of the Constitution Party of South Dakota and as Chairman of the “South Dakota Constitution Party,” Marilee Roose in her personal and official capacities as a Central Committee member of the Utah Constitution Party and Parliamentarian, Frank Fluckiger in his personal and official capacity as Chairman of the 1. National Constitution Party, and the NCP Exec. Committee in their personal and official capacities as members of the NCP Executive Committee, and Matt Johnson in his personal and official capacity as U.S. House candidate, herein states the following:
JURISDICTION AND VENUE
1. The Plaintiff brings this action in the above-named Court pursuant to:
a. 42 U.S. Code § 1983;
b. 28 U.S. Code § 1331 Federal Question;
c. 28 U.S. Code § 1332 Diversity of Citizenship;
d. 28 U.S. Code § 1343(a) Original Jurisdiction;
e. 28 U.S. Code § 1367(a) Supplemental Jurisdiction;
f. 28 U.S. Code § 1391(b) Venue;
g. 42 U.S. Code § 12101 and 12102 Americans With Disabilities Act (ADA);
h. 42 U.S. Code § 1985 Conspiracy to Interfere with Civil Rights.
PARTIES
2. The Plaintiff is a citizen of the United States, and at all times material to this case, is a
resident in Minnehaha County, South Dakota.
3. The defendant, Shantel Krebs, Secretary of State, is a citizen of the United States, and at all times material to this case, maintains a public office in Pierre, Hughes County in the State of South Dakota.
4. The defendant, Dan Lederman, Chairman of the Republican Party of South Dakota, is a citizen of the United States, and at all times material to this case, maintains a residence at 725 Indian Wells Court, Dakota Dunes, South Dakota 57049.
5. The defendant, Lora Hubbel is a citizen of the United States, and at all times material to this case, maintains a campaign headquarters at 4605 W. Graceland Ct., Sioux Falls, South Dakota 57106, Minnehaha County in the State of South Dakota.
6. The defendant, Gordon Howie is a citizen of the United States, and at all times material to this case, maintains a residence at 15372 Antelope Creek Road, Rapid City, Pennington County in the State of South Dakota.
7. The defendant, Joel Bergan is a citizen of the United States, and at all times material to this case, maintains a residence at 20076 450th Ave., Arlington, South Dakota 57212.
8. The defendant, Frank Fluckiger is a citizen of the United States, and at all times material to this case, maintains a national office at 408 W. Chestnut St., Lancaster, PA 17608.
9. The defendant, Marilee Roose is a citizen of the United States, and at all times material to this case, maintains a residence at 3125 South, 8520 West, Magna, Utah 84044.
10. The defendant, Matt Johnson is a citizen of the United States, and at all times material to this case, maintains an office at 204 S. 7th Ave., Brandon, Minnehaha County in the State of South Dakota.
11. The defendant, Doug Aden is a citizen of the United States, and at all times material to this case, maintains a residence at 1100 Denver Ave., Fort Lupton, Colorado 80621.
12. The defendant, Cindy Redburn is a citizen of the United States, and at all times material to this case, maintains a residence at 23 Cedar haven Rd. Cuba, MO 65453.
13. The defendant, Gerald Kilpatrick is a citizen of the United States, and at all times material to this case, maintains a residence at 20487 CR 33, LaSalle, CO 80645.
14. The defendant, James Clymer is a citizen of the United States, and at all times material to this case, maintains a residence at 301 Letort Rd., Millersville, PA 17551.
15. The defendant, James Castle is a citizen of the United Sates, and at all times material to this case, maintains a residence at 2586 Hocksett Cove, Germantown, TN 38139.
16. The defendant, John Diamond is a citizen of the United States, and at all times material to this case,
maintains a residence at 10321 Stateline Rd., Wattsburg, PA 16442.
17. The defendant, Mario Mariotti is a citizen of the United States, and at all times material to this case, maintains a residence at 18 Rahway Rd., Burlington, MA 1803.
18. The defendant, Randal Stufflebeam is a citizen of the United States, and at all times material to this case, maintains a residence at 304 Lincolnshire Blvd., Belleville, IL 62221.
19. The defendant, Ricardo Davis is a citizen of the United States, and at all times material to this case, maintains a residence at 206 Hunters Mill Lane, Woodstock, GA 30188.
20. The defendant, Joshua Cassity is a citizen of the United States, and at all times material to this case, maintains a residence at 575 Benfield LN #Lot 1, Harrogate, TN 37752.
21. The defendant, John Richard Myers is a citizen of the United States, and at all times material to this case, maintains a residence at P.O. Box 2164, Cut bank, MT 59427.
22. The defendant, Janine Hansen is a citizen of the United States, and at all times material to this case, maintains a residence at 186 Ryndon Unit 12, Elko, NV 89801.
23. The defendant, Scott Copeland is a citizen of the United States, and at all times material to this case, maintains a residence at 3610 Hwy. 281 N., Mineral Wells, TX 76067.
24. The defendant, Thomas Holmes is a citizen of the United States, and at all times material to this case, maintains a residence at 344485 990th Rd. E., Chandler, OK 74834.
25. The defendant, Wayne Zimmerschied is a citizen of the United States, and at all times material to this case, maintains a residence at 411 Adams Dr. W., Young America, MN 55397.
26. The defendant, Steven Barnett is a citizen of the United States, and at all times material to this case, maintains an office at 500 E. Capital, Pierre, SD 57501.
27. The defendant, Governor Kristi Noem is a citizen of the United States, and at all times material to this case, maintains am office at 500 E. Capital, Pierre, SD 57501.
COUNT ONE-VIOLATION OF PLAINTIFF’S CIVIL RIGHTS UNDER § 1983
12. Under 42 U.S. Code § 1983 – Civil action for deprivation of rights is appropriate against [e]very 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. . ., the above named defendants entered into a conspiracy to pull off a coup d’état of the Constitution Party of South Dakota (hereinafter referred to as “CPSD”), in order to prevent the CPSD from certifying legally nominated and elected statewide candidates for the November 6, 2018 Ballot.
13. That in furtherance of their conspiracy, Lora Hubbel tendered her written letter of resignation on February 2, 2017. Ms. Hubbel actually returned to the Republican Party of South Dakota and ran for governor and state senator in the June 5, 2018 Primary election. On July 12, 2018 Lora Hubbel knowingly and willfully lied about not having resigned on February 2, 2017 and conspired with all of the defendant’s named above, including but not limited to, Ms. Shantel Krebs in her official capacity as Secretary of State for South Dakota, in order to oust Ms. Lori Stacey as the rightful Chairman of the CPSD so that the defendants could perform a coup d’état at the CPSD Statewide Convention. The actions of the defendants, including but not limited to the Republican Party of South Dakota and the State of South Dakota through Ms. Krebs, were acts or omissions designed to intentionally and knowingly disrupt the legal nomination process of the CPSD political candidates at the July 14, 2018 Statewide Convention legally called by Lori Stacey, which also directly impacted the Plaintiff’s Civil and Political Rights.
14. That on or about February 2, 2017 Joel Bergan ascended to Chairman of the CPSD in accordance with Robert’s Rules. Joel failed to file the requisite SDCL §§ 12-27-6 Statement of Organization or properly notify the Secretary of State’s office in accordance with § 12-5-14.
Joel called a meeting on the evening of February 2, 2017, wherein, Joel appointed Lori Stacey interim chairman of the CPSD pending the 2020 elections and then Joel resigned as Chairman of the CPSD. Lori Stacey appointed Joel Bergan back as Vice-Chairman of the CPSD on February 2, 2017.
15. On or about July 12, 2018 a secret meeting was called by Joel Bergan, Gordon Howie and Lora Hubbel in Rapid City, South Dakota. At this meeting were Gordon Howie, other Tea Party members, unknown Republican Party members, and Frank Fluckiger, Marilee Roose, and Shantel Krebs who may have participated by telephone. The purpose of this meeting was to finalize the plan to oust Lori Stacey as the legal Chairman of the CPSD prior to July 14, 2018. The defendants plan was intended to certify an illegal ticket to Shantel Krebs, which Mr. Lederman would immediately challenge on the grounds that Lora Hubbel was in fact not the legal Chairman of the CPSD. The defendants acts or omissions constitute a conspiracy to interfere with the Plaintiff’s civil and political rights.
COUNT TWO-VIOLATION OF THE AMERICANS WITH DISABILITIES ACT
16. The plaintiff restates paragraphs 1-15 above as if fully set forth herein.
17. The acts or omissions of the defendants violated the Plaintiff’s civil rights; rights
included but not limited to, “ensuring of people’s physical and mental integrity, life. . . ; protection from discrimination on grounds such as . . . age, political affiliation, and disability.” Political rights also include natural justice (procedural fairness) in law, such as. . . , the right to a fair trial; due process; the right to seek redress or legal remedy; and rights of participation in civil society and politics, such as freedom of association, the right to assemble, the right to petition. . . , [and] the right to vote. The acts or omissions of the defendants have deprived the Plaintiff of all the Fundamental and Constitutionally protected rights guaranteed under both the State and Federal Constitutions. The defendants have even deprived the Plaintiff of the right to appeal the Circuit Courts Judgment entry on August 17, 2018 as being moot. See Notice of Appeal, Civ. 28701. Even the State Supreme Court aided and abetted the defendant’s coup.
18. The acts or omissions of the defendants were done with willful and wanton intent to deprive the Plaintiff of his personal, Constitutional and God given rights as an American citizen with a disability in a free society to obtain viable employment as Governor of South Dakota. The defendants knew or should have known that the Plaintiff was disabled as defined under the Americans with Disabilities Act. The defendants acted under Color of Law at all times relevant and material to this case.
19. The Plaintiff was seeking employment as Governor of South Dakota, a position the Plaintiff was qualified to hold, and the acts or omissions of the defendants usurped the Plaintiff’s bidding for this employment opportunity. Shantel Krebs falsely invalidated Plaintiff’s nomination petitions on March 30, 2018 to deprive Plaintiff the opportunity to run in the June 5, 2018 Primary as a Republican candidate for Governor; Shantel Krebs aided and abetted Dan Lederman and Lora Hubbel and Company to deprive the Plaintiff the opportunity to get his name on the November Ballot as a CPSD Gubernatorial candidate on August 16, 2018. Shantel’s acts or omissions constitute Conspiracy in accordance with state and federal law and subject all the defendants to liability. The acts or omissions of the defendants were intended to cause the deprivation of the Plaintiff’s civil rights in accordance with U.S. Code §§ 1343, 2201 and 2202, 1983, and 1985.
20. The defendants knew or should have known that the Plaintiff was disabled because the Plaintiff gave express notice to the State of South Dakota on numerous other occasions concerning the Plaintiff’s clinical diagnoses with a Primary Cognitive Reading Disorder and Secondary ADHA Disorder and the Plaintiff has been drawing Social Security Disability Entitlements since April 1994 for a chronic low back condition. The defendants knowingly and intentionally violated Plaintiff’s Rights because they all knew or should have known the Plaintiff was disabled. In accordance with 42 U.S. Code §§ 12101, and 12102 the Plaintiff’s cognitiveand physical disabilities are such disabilities recognized by the Social Security Administration. Defendants acts or omissions have violated the Plaintiff’s Civil Rights as a disabled American making them liable under both state and federal law.
COUNT THREE – CONSPIRACY TO INTERFERE WITH CIVIL AND POLITICAL RIGHTS
21. The plaintiff restates paragraphs 1 – 20 above as if fully set forth herein.
22. In accordance with U.S. Code § 1985 – a Conspiracy to interfere with one’s civil rights occurs when two or more persons in any State or Territory conspire or go in disguise (i.e. impersonate someone they are not) on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; or for the purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws. . . , the above defendants did conspire to interfere with the Plaintiffs right to vote and run for the office of Governor of the State of South Dakota by hijacking the Statewide Convention of the CPSD; and by causing to be filed a Writ of Prohibition in furtherance of their Conspiracy, with the intent to interfere with the free exercise of the Plaintiff’s Fundamental right to vote.
23. In furtherance of their Conspiracy, a secret meeting was held in Chamberlain, SD on July 21, 2018 called by Ms. Krebs, Mr. Howie and Joel Bergan. At this meeting in person was Joel & Paula Bergan, Matt Johnson, Lora Hubbel, and Frank Fluckiger and Marilee Roose who may have participated by telephone. Ms. Lora Hubbel had previously called Frank Fluckiger and requested that Frank write the letter to Lori Stacey; in this letter Frank Fluckiger accused Lori Stacey of numerous crimes and advised Ms. Stacey that he was removing her from office. At the Chamberlain, SD meeting, Joel Bergan appointed Mr. Gordon Howie as Vice-Chairman, and then Joel resigned. Ms. Krebs ordered Mr. Howie to not file his SDCL § 12-27-6 Statement of Organization. Ms. Krebs also sat on Mr. Mike Gunn’s § 12-27-6 Statement of Organization until August 21, 2018, which was after the hearing in Pierre, SD held on August 16, 2018. The defendants acts or omissions were in furtherance of their conspiracy to interfere with the Plaintiff’s civil and political rights to vote and run for the office of Governor of South Dakota. The latter acts were to prevent information of legal leadership of the CPSD at the hearing on August 16, 2018.
COUNT FOUR – CIVIL RIGHTS AND ELECTIVE FRANCHISE
24. The plaintiff restates paragraphs 1 – 23 above as if fully set forth herein.
25. The above defendants held a secret meeting in furtherance of the Conspiracy on July 14, 2018 called by Joel Bergan. At this meeting in person were Joel & Paula Bergan, Lora Hubbel, Matt Johnson, Tara Valaski, Janette McIntyre, and Gordon Howie who may have participated by telephone. Lori Stacey had received the letter from Frank via email by the time this meeting was called. The result of the letter forcibly prevented Lori Stacey from personally attending the 6. Convention scheduled at 3:00 pm. This directly affected the Plaintiffs rights after being nominated for candidate for Governor from getting certified on the November 2018 Ballot.
26. In furtherance of their Conspiracy to interfere with the Plaintiff’s Fundamental Right to vote, five West River people who came with Gordon Howie indicated they were not CPSD voters. These five people were allowed to make motions, seconds, and actually vote on motions, thus further interfering with the Plaintiff’s Civil and Political Rights to run for the office of Governor herein South Dakota. These illegal delegates were planted in the delegation by the defendants in furtherance of their Conspiracy to interfere with the Plaintiff’s Fundamental and Constitutional Rights to vote and run for political office.
27. In furtherance of their Conspiracy to interfere with the Plaintiff’s Fundamental Right to vote, the defendants Ms. Hubbel, Mr. Joel Bergan, and Mr. Gordon Howie attempted to carry out a preconceived plan to remove James Biolata because he allegedly being disruptive.” In accordance with the CPSD By-Laws and state statute, removal of sitting Convention Committee member would result in a suspension of the proceedings. Ten (10) minutes later Mr. Bergan resigned as the Convention Chairman and by motion nominated Mr. Howie as Convention Chairman, it was immediately second by an illegal delegate; Mr. Howie immediately suspended the Convention. These acts or omissions were supported by Ms. Shantel Krebs who was in cell phone communication with Ms. Hubbel at all times during the Convention. The suspension of the Convention was in furtherance of the defendants Conspiracy to interfere with the Plaintiff’s Fundamental Rights protected under the Constitution. Three days later, Mr. Gordon Howie in furtherance of their Conspiracy did attempt to bribe Mr. James Bialota by offering Mr. Bialota any position on the State Central Committee, or any candidacy of his choice in exchange for the return of the 15 documents Ms. Hubbel lost at the American Legion Hall Post #15, in Sioux Falls, SD implicating the defendants in the coup d’état of the CPSD on July 14, 2018.
COUNT FIVE – VIOLATION OF PLAINTIFF’S DUE PROCESS RIGHTS
28. The Plaintiff restates paragraphs 1 – 27 above as if fully set forth herein.
29. Under a Fourteenth Amendment Due Process cause of action, arises when there is a “sufficiently close nexus between the State and the challenged action of the regulated entity. . . the action of the latter may be fairly treated as that of the State itself.” See Jackson v. Metropolitan Edison Co., 419 U.S. 345 (1974), citing Moose Lodge No. 107 v. Irvis, 407 U.S. 163 (1972). The acts or omissions of the non-government defendants may be imputed on the [State] for Fourteenth Amendment purposes if there is a “sufficiently close nexus.” Although the factual setting of each case will be significant . . . precedents indicate that a State normally can be held responsible for a private decision only when it has exercised coercive power or has provided such significant encouragement, either overt or covert, that the choice must in law be deemed to be that of the State. Defendant Ms. Shantel Krebs aided and abetted the other non- government Conspirators in the coup d’état of the CPSD Statewide Convention, including but not limited to Mr. Fluckiger and Marilee Roose who are residents of Utah, and in accordance with 7. FRCP § 1332 Diversity of Citizenship have been named as co-defendants in this cause of action. Ms. Krebs provided numerous emails with what can only be considered legal advice. Advice necessary to oust Ms. Lori Stacey as the sitting legal Chairman of the CPSD. Removal of Ms. Stacey and James Bialota were necessary in order to pull off the coup d’état of the CPSD Convention. Said coup prevented Plaintiff from getting his name on the November Ballot.
30. In furtherance of the defendants Conspiracy to interfere with the Plaintiff’s Fundamental Right to vote and run for Governor of South Dakota, as a result of the defendant’s tortuous acts or omissions the Plaintiff and his running mate Rick Gortmaker were prevented from getting our names on the November 2018 Ballot. However, it was irrelevant as to who got on the ticket because Dan Lederman, Shantel Krebs and Mr. Gordon Howie would have challenged any ticket presented to the office of the Secretary of State on grounds that Lora Hubbel was not the legal Chairman of the CPSD. In so doing, the defendants have violated the Plaintiff’s Constitutional Rights. Under both Federal and state law, the defendants have knowingly and intentionally violated the Plaintiff’s “Civil and Political Rights."
31. On or about July 13, 2018 Lora Hubbel called a second Convention to be held in Pierre, South Dakota on August 14, 2018 at 9:00 am. This was a violation of both state statute and the By-Laws of the CPSD. On or about July 15, 2018 Lori Stacey called a second Convention to be held in Pierre, South Dakota at 11:00 am. Shantel Krebs recognized both Convention calls even though Hubbel’s call was as the Chairman of the “South Dakota Constitution Party” a political Party that does not even exist anywhere in South Dakota. Shantel Krebs as Secretary of State violated her sworn duty to regulate and document the legal business of all political Party’s herein South Dakota by allowing an unrecognized political party entity to call a Convention.
COUNT – SIX – SLANDER AND LIABLE
32. The Plaintiff restates paragraphs 1 – 31 as if fully set forth herein.
33. In furtherance of the Conspiracy to interfere with the Plaintiff’s Fundamental Rights, the
acts or omissions of the defendants have irreparably damaged the reputation of the Plaintiff and his campaign. Due to the level of misinformation put out by the defendants and their MSM pundits, the Plaintiff’s campaign has suffered irreparable harm and the Plaintiff has lost thousands of dollars invested out of pocket, and Plaintiff has suffered damages and is entitled to recovery in accordance with 28 U.S. Code §§ 1343, 2201 and 2202. Plaintiff has further been deprived Ballot access in the 2018 Gubernatorial election here in South Dakota. Plaintiff has a legal right to be allowed to run for the Office of Governor. The conspiratorial acts or omissions of the defendants have deprived the Plaintiff of his civil rights herein and have caused irreparable and severe damage to the Plaintiff.
34. That on or about July 12, 2018 the defendants conspired to pull off a coup d’état of the CPSD Convention. On or about July 17, 2018 the defendants Shantel Krebs, Lora Hubbel, Gordon Howie, Frank Fluckiger, Marilee Roose and Joel Bergan conspired to hijack the CPSD at a secret meeting called by Shantel Krebs and Frank Fluckiger in Chamberlain, South Dakota. On July 21, 2018 Joel Bergan appointed Gordon Howie as Vice-Chairman of the “South Dakota Constitution Party” and then Joel Bergan resigned. Gordon Howie became the Chairman of the “SDCP” in accordance with Roberts Rules on July 21, 2018.
35. On or about July 17, 2018 Lori Stacey appointed Mike Gunn Vice-Chairman of the CPSD due to the seat being vacated by Joel Bergan on July 17, 2018. Joel Bergan tendered his written resignation on July 17, 2018 as Vice-Chairman automatically when he assumed the Chairman’s role with the SDCP, a political Party that doesn’t even exist anywhere in South Dakota. On or about July 21, 2018 Joel Bergan officially resigned from both Central Committee positions. Both as Vice-Chairman and Chairman of both the CPSD and SDCP. All these acts or omissions were designed to further the Conspiracy to interfere with the Plaintiff’s fundamental Rights guaranteed under the Constitution.
36. On or about July 28, 2018 the defendant, Dan Lederman filed a Writ of Prohibition lawsuit against Shantel Krebs and the CPSD. Mr. Lederman, the Petitioner/defendant served Joel Bergan on August 1, 2018. Factually speaking, Joel was out of town and Paula Bergan was served by the Sheriff. Paula Bergan failed to tell Joel that she was served. The Plaintiff/Intervenor argued at the August 16, 2018 hearing held in Pierre, South Dakota that the Petitioner lacked Proper Service of Process over the Respondent CPSD because Joel Bergan had resigned two weeks prior to being served; and Joel Bergan in fact did not have “actual knowledge” of the lawsuit. Plaintiff also established by clear and convincing evidence that Lori Stacey was in fact the only legally recognized Chairman of the CPSD. The defendants overtly or covertly caused this evidence to be ignored by the Circuit Court in furtherance of their Conspiracy.
37. In furtherance of their Conspiracy, gave actual notice to the defendants named above on August 10, 2018. The Plaintiff served Gordon Howie, Marilee Roose with notice of the hearing to be held on August 16, 2018 and Shantel Krebs told these people they did not have to appear at the hearing. This coercive behavior on the part of Ms. Krebs further imputes liability on the State of South Dakota. It also constitutes a “sufficiently close nexus” that is exercise of coercive power that provided significant encouragement to the non-government actors.
COUNT SEVEN – DEFAMATION OF CHARACTER
38. The Plaintiff restates paragraphs 1 – 37 above as if fully set forth herein.
39. In furtherance of their Conspiracy, the defendants have placed the Plaintiff in a False light in the eyes of the People of South Dakota. The acts or omissions of the defendants were designed to embarrass, berate, malign and accuse the Plaintiff of causing or contributing to the coup d’état that occurred on July 14, 2018. To this day, the People of South Dakota have put blame on the Plaintiff and the real CPSD Party as having caused the failed Statewide Convention, when at all times relevant and material to this failed Convention, it was Dan Lederman, Ms. Shantel Krebs, Mr. Gordon Howie and Ms. Lora Hubbel that were behind the coup from the beginning (i.e. when the State of South Dakota lost the federal lawsuit in 9. February 2018). This was The Republican Party’s plan B. As such, it interfered with the Plaintiff’s Fundamental Right to vote and run for governor of the State of South Dakota.
40. On or about August 21, 2018 the Plaintiff filed Notice of Appeal challenging the Circuit Courts findings of fact and conclusions of law. The actions of the Circuit Court constitute Judicial error and are appealable. The acts or omissions of the defendants resulted in the deprivation of the Plaintiff’s civil and political rights.
41. The acts or omissions of the defendants constitute conspiracy. Conspiracy to Interfere with civil rights occurs, (1) If two or more defendants conspire to interfere with the civil rights of [an] officer, preventing them from performing their duties, (2) obstructing Justice; Intimidating a Party Witness. . . , such acts or omissions violated the Plaintiff’s Constitutional Rights under 42 U.S. Code §§ 1983 and 1985(1)(2), and (3), as such, the Plaintiff is entitled to recover damages accordingly. On or about August 17, 2018 the Circuit Court found service of process was proper in Joel Bergan that flies in the face of reason and the factual evidence in this case. The Circuit Court Judge used hearsay evidence to support her ruling over the timely objections of the Plaintiff/Intervenor.
42. In furtherance of their Conspiracy, the acts or omissions of the defendants have violated the Plaintiff’s civil rights, as such, they raise more than one federal question, including but not limited to, did the defendants acts or omissions deprive the Plaintiff of his rights to: procedural due process, equal protection under the law, Constitutionally protected Civil and Political Rights, First Amendment Rights of association and political beliefs, his right to political party choice and his right to vote.
43. On or about July 14, 2018 the defendants Conspired across state lines to deprive the Plaintiff of his Constitutional Rights. The defendants Frank Fluckiger and Marilee Roose reside in Utah, and therefore, allow this Court to hear all claims raised by the Plaintiff in accordance with 28 U.S. Code §§ 1332 Diversity of Citizenship, and 1367(a) Supplemental Jurisdiction.
WHEREFORE:
The Plaintiff prays this Court award compulsory and compensatory damages in an amount of $100,000,000 for the willful, intentional, wanton and deliberate tortuous acts or omissions on the part of the defendants in violation of the Plaintiff’s Constitutional Rights.
The Plaintiff prays this Court award punitive damages in an amount to be set by this Court for the willful and wanton violation of the Plaintiff’s Civil and Political Rights.
The Plaintiff avers the acts or omissions of the defendants were under Color of Law and were intentional and willful at all times material and relevant to this case.
The Plaintiff respectfully prays this Court return the Plaintiff’s to a position prior to August 16, 2018 restoring Ballot access for the CPSD for 2022.
10. The Plaintiff prays this Court access costs to the defendants.
The Plaintiff prays this Court award any and all amicable and equitable relief this Court deems reasonable and necessary to make the Plaintiff whole again.
PROOF OF SERVICE
South Dakota Attorney General Jason Ravnsborg
1302 E. Hwy 14, Ste. 1, Pierre, South Dakota 57501
Attorney for Respondent Krebs
(Shantel Krebs)
Secretary of State for South Dakota
500 E. Capital Ave., Ste. 204, Pierre, South Dakota 57501
Frank Fluckiger
408 W. Chestnut St. Lancaster, PA 17608
Lora Hubbel
4605 W. Graceland Ct., Sioux Falls, South Dakota 57106
Dan Lederman, Chairman of Rep. Party
725 Indian Wells Court, Dakota Dunes, South Dakota 57049
Marilee Roose
3125 South, 8520 West Magna, Utah 84044
Gordon Howie
15372 Antelope Creek Road Rapid City, South Dakota 57703
Joel Bergan
20076 450th Ave., Arlington, South Dakota 57212
Matt Johnson
204 S. 7 Ave., Brandon, South Dakota 57005
Respectfully Submitted,
Dr. Terry Lee LaFleur
4601 E. Clark St. Apt. 8
Sioux Falls, South Dakota 57110 Attorney Pro Se
(605) 413-0274
Marilee Roose
3125 South, 8520 West Magna, Utah 84044
Steven Bartlett, Secretary of State
500 E. Capitol Ave., Ste. 204 Pierre, South Dakota 57501
Gerald Kilpatrick
20487 CR 33 LaSalle, CO 80645
James Castle
2586 Hocksett Cove Germantown, TN 38139
Mario Mariotti
18 Rahway Rd. Burlington, MA 1803
The State of South Dakota, Kristi Noem
500 E. Capital Ave., Pierre, SD 57501
Joshua Cassidy
575 Benfield LN #Lot 1 Harrogate, TN 37752
Janine Hansen
186 Ryndon Unit 12 Elko, NV 89801
Thomas Holmes
344485 990th Rd. E. Chandler, OK 74834
Doug Aden
1100 Denver Ave., Fort Lupton, CO 80621
Cindy Redburn
23 Cedar Haven Rd. Cuba, MO 65453
James Clymer
301 Letort Rd. Millersville, PA 17551
John Diamond
10321 Stateline Rd. Watts burg, PA 16442
Randal Stufflebeam
304 Lincolnshire Blvd. Belleville, IL 62221
Ricardo Davis
206 Hunters Mill Lane Woodstock, GA 30188
John Richard Myers
P.O. Box 2164, Cut Bank, MT 59427
Scott Copeland
3610 Hwy. 281 N. Mineral Wells, TX 76067
Wayne Zimmerschied
411 Adams Dr. W., Young America, MN 55397
Friday, May 17, 2019
Thursday, May 16, 2019
Montana Constitution Party Disbands As Post Milwaukee Fallout Escalates
by Former MTCP Chairman J.R.Myers
More fallout continues within the Constitution Party due to recent events at the NCM meeting in Milwaukee. After concluding a successful convention in Helena, MT on May 4, the MTCP has disbanded less than two weeks later. This was a direct result of the ongoing controversy within the National CP.
It began over a 24 hour period with the resignation of the newest member of the MTCP Central Committee, NCM Jim Buterbaugh. On Tuesday 5/14/19, he texted, “I’m done.”
This was quickly followed by the resignation of the MTCP Vice Chairman, Tim Ravndal, and his wife as members. “Jim and I have been down this road together before and we both have said that 'we are not interested in repeating the same exercise again'.
After advising my wife about where we are at in this venture, she advises me that she would like to submit her resignation as a member of the Constitution Party of Montana.
So...I now must take one more step here today.
I hereby submit my resignation as Vice Chair of the Constitution Party of Montana effective immediately.
I created the Face Book Page for the Constitution Party of Montana and I am going to close that page in 2 days. I will post a message that I am closing the page so those following will be notified.
The original Group page created is still there in the event the party wants to go down the path in place in the future.”
This was followed on Wednesday by a pronouncement from the MTCP Secretary Treasurer, Travis Orback that, "CPMT is dead. I’m open to looking at the new party. I might meet with the Park County Libertarians to see what they have planned. I may just fall back into and focus on my family life.”
Then on Saturday 5/18/19-
“All,
I resign my position as Secretary/Treasurer of the group known as Constitution Party of Montana and its other name variations. I will not renew the P.O. Box and will hold onto the funds and distribute as I see fit.
I did the work to secure the name with SOS. I did the work to acquire the funds from the previous party. I was in constant contact with Frank F to get this thing going.
Now too many people are offended and I’m getting caught in the middle.
The next people who want to try can do everything from scratch.”
These events were a direct consequence of the inability of the CP to address the situation in a timely and lawful manner. The long CP history of splits and infighting was cited. The loss of the MTCP now appears to be a failed coup attempt orchestrated from within by the National CP Chairman and his allies, repeating the modus operandi used to interfere with and compromise the SDCP, the IDCP, the VACP, and countless others.
Friday, May 10, 2019
Trouble in the Constitution Party: Fallout From Milwaukee; CP Midwest Regional Chair - 'Travesty in South Dakota'
by Cody Quirk
In another forwarded email from the State Chair of the Constitution Party of Virginia, John Bloom -Constitution Party Midwest Regional Chair Randy Stufflebeam composed a series of videos that discuss the CP's 'fiasco' in South Dakota, of which he wanted to present in a talk at the CP's recent National Committee meeting in Milwaukee, but was unable to. So as a backup he emailed this brief presentation with a series of video url links to members of the CP's National Committee, and others...
Travesty in South Dakota
"My name is Randy Stufflebeam. I am the Constitution Party Midwestern Regional Chairman.
"The reason that I am writing to you is that I have created a video series that I’ve entitled, “Travesty in South Dakota” It deals with the circumstances which caused the Constitution Party of South Dakota to lose their hard-earned ballot access in October of last year, 2018.
"This video series in primarily intended for those who will be attending the Spring Constitution Party National Committee Meeting that is scheduled to commence the weekend of May 3rd.
"There is a total of 7 videos in this series and I STRONLY encourage you to at least check out the Introduction (which is about 8 minutes) and the Opening Statement (which is just a little over 15 minutes). Those two videos should be enough to let you know how important it is for you to see the other 5 videos. You can click on the links below.
1 – Introduction
2 - Opening Statement
3 - Heir to the Chair
4 - CP Leaders’ Testimony
5 - Stacey Faction Testimony
6 - Michael Gunn Interview
7 - Closing Statement
"As mentioned throughout the video series, I have a website where you can download the supported documentation and audio clips
Disclaimer – the statements and opinions that are expressed in this video series are solely those of the person making them and do not necessarily reflect those of the Constitution Party and/or its membership and officers. Only the Constitution Party Constitution, Bylaws, and Platform can be the official representation of the Constitution Party’s positions.
"If you have any questions, please contact me
"It is my strong desire that what is contained within the videos will help you to understand what happened in South Dakota and the actions that must take place at the National Committee meeting.
"May God bless you as we work together to restore Integrity, Liberty and Prosperity (the Constitution Party’s Three Pillars”) here in the country we love and fight for.
Your humble servant,
Randy Stufflebeam"
Trouble in the Constitution Party: Fallout From Milwaukee; Virginia CP Chair's Statement & Intent to Disaffiliate from National
by Cody Quirk
In another perspective of the fallout from the Constitution Party's National Committee's recent meeting in Milwaukee, Wisconsin -Constitution Party of Virginia's State Chair, John Bloom, also weighed in on the matter of the related situation in South Dakota and how it ties in to what transpired at the recent CP Milwaukee meeting and the controversy surrounding CP National Chairman, Frank Fluckiger, and others...
"The NCM Credentials Hearing in Wisconsin was a sham, the Frank Fluckiger Flunkie Wayne Zimmershied controlled what could and couldn't be said in the hearing and Mike Gun and Dr. Terry Lafleur where not even allowed to address the group and they were denied the full story. All of the evidence comes from legal documents or from documents provided by Lora Hubble and Frank Fluckiger and I will also include what I consider the "Smoking Gun" that ties the Conspirators of Election Fraud together in a nice package for the CPSD to present to the South Dakota Government Accountability Board on May 15th, 2019.
"Here is the real timeline of events...
1. In July of 2016 Lora Hubble was elected Chair of the Constitution Party of South Dakota.
2. On November 21st, 2016, Lora Hubble switched her political party to the Republican Party and never informed any member of the CPSD State Central Committee until:
3. She submitted her resignation letter via email to Lori Stacey on February 2nd, 2017.
4. On February 2nd, 2017 the CPSD SCC called a meeting to elect new officers and though Joel Bergen was the next in line of succession, was a truck driver and too busy to be Chair and asked Lori Stacey to be chairman and announced via a Press Release on the CPSD website. Though they did not follow the formality of Joel appointing Lori Vice-Chair and then resigning, the result is the same.
5. On February 6th, 2017 Lori Stacey, without any objection from Joel Bergen who was the Vice-Chairman of the CPSD at the time, submitted a Statement of Organization naming herself as Chairman of the CPSD.
6. Sometime between Feb 6th, 2017 and early 2018, the CPSD was awarded ballot access and could NOMINATE via a Convention.
7. In March 2018 Lora Hubble filed to run in the Republican Primary for State Senate in the 9th SD and Secretary of State Republican Shantel Krebs threw off Dr. Terry Lafleur from the Republican Primary Ballot.
8. In June 2018, Lora Hubble lost in a Republican Primary and CPSD Vice-Chair Joel Bergan's COUSIN Kristi Noem won the Republican Primary and he should have resigned as CPSD Vice-Chair due to the obvious Conflict of Interest.Four different reasons Lora Hubble could not have been Chair of the CPSD after the Jun Republican Primary, and could be ineligible as far back as Nov 2016.
9. On July 13th, 2018, Frank Fluckiger sent Lori Stacey UNLAWFULLY removing her from Chair of the CPSD and replacing her with Lora Hubble who could not have been the Lawful Chair of the CPSD.
10. In a response to Dr. Terry LaFleur's Lawsuit seeking damages for the Fraudulent activity by not only National Chairman Frank Fluckiger but by other members in the National Executive Committee, not named in the letter.
11. Lora Hubble continued to masquerade as the Chair of the CPSD aided by Frank Fluckiger and the Republican Agents on the National Executive Committee (National Chairman Frank Fluckiger, National Vice Chairman Doug Aden, National Secretary Cindy Redburn and I suspect Trumplican Darrell Castle, James Clymer, Wayne Zimmershied, Janine Hansen).
12. Lora Hubble in her response to Dr. Lafleur's lawsuit makes the accusation that the National Constitution Party made the determination that she was the pro-temp chair. At first I believed she was lying, but after repeatedly asking the National Executive Committee to respond to that charge they never did.
13. Then on 12/05/2018 the FORMER Vice-Chairman James Trent Corbett set up an UNAUTHORIZED meeting with what I thought was Frank Fluckiger defending himself, but turned out to be a Conspirator's Convention, with Lora Hubble, Matt Johnson (who I never heard of at the time), National Vice-Chairman Doug Aden and National Secretary Cindy Redburn. How members of the CPV SCC could not come away with believing the National CP was in support of Hubble is beyond me. I again asked for an apology letter many times. This part is my believe though it is pretty apparent that members of the CP NEC were involved, I believe the REPUBLICAN Wing of the CP NEC were involved in this Conspiracy NOT to take over the CPSD but to deny Dr. Terry LaFleur ballot access.
"Note both groups submitted Nominees to run for Governor and the Judge threw off Mr. Lafleur which was their real objective.
"I spent TEN years of my life fighting the Corrupt members of the NY State Conservative Party who traded their cross-endorsements for PATRONAGE jobs for themselves, friends and family. I promise you ad the GOOD people of SD I will NOT have to be subpoenaed to testify and fly to SD to testify against these REPUBLICANS in Constitution Party Clothing.
"I will be holding a vote of the CPV SCC to disassociate from the National Party until such time that the Republican leaders of the National Constitution Party is replaced by the Constitution Party wing of the National CP (Randy Stufflebeam, JR Meyers, Ricardo Davis, Mario Mariota and Scott Copeland). If they do not vote to disassociate with the National CP I will resign, for I do NOT associate with CRIMINALS.
John Bloom,
Chairman,
Constitution Party of Virginia"
Chairman,
Constitution Party of Virginia"
Subscribe to:
Posts (Atom)